SFG3481 V2 REPUBLIC OF RWANDA LOCAL ADMINISTRATIVE ENTITIES DEVELOPMENT AGENCY (LODA) IKIGO GISHINZWE GUTEZA IMBERE IBIKORWA BY’ITERAMBERE MU NZEGO Z’IBANZE AGENCE DE DEVELOPPEMENT DES ENTITES ADMINISTRATIVES LOCALES B.P: 7305 Kigali, Tel: 5029, web site: www.loda.gov.rw& E-mail: loda@rwanda1.com/ info@loda.gov.rw Abbreviated Resettlement Action Plan (ARAP) Rehabilitation and upgrading Road R49, Road R48, R24 and R44 and Construction Lined Drainage D1 and D2 in Musanze District under Rwanda Urban Development Project (RUDP) Final Report June 2017 ACRONYMS AND DEFINITIONS AIDS: Acquired Immune Deficiency Syndrome CAC: Cell Adjudication Committee CBOs: Community Based Organizations CoK: City of Kigali CSO: Civil Society Organizations DDC: District Development Committee DDS: District Development Strategy DLOs: District Land Offices EDPRS II Second Economic Development and Poverty Reduction Strategy EMF: Environment Management Framework ESIA: Environment and Social Impact Assessment ESMF: Environmental and Social Management Framework GDP: Gross Domestic Product GoR: Government of Rwanda HIV: Human Immunodeficiency Virus JADF: Joint Action Development Forums LODA Local Development Agency of Rwanda M&E: Monitoring and Evaluation MINAGRI: Ministry of Agriculture and Animal Resources MINALOC: Ministry of Local Government MINECOFIN: Ministry of Finance and Economic Planning MINICOM: Ministry of Trade and Industry MININFRA: Ministry of Infrastructure MINIRENA: Ministry of Natural Resources NGO: Non-Governmental Organizations NLC: National Land Commission OP: Operational Policy PAP: Project Affected Persons PCDP: Public Consultation and Disclosure Procedures PMU: Project Management Unit PPP: Public Private Partnership RUDP: Rwanda Urban Development Project i RAP: Resettlement Action Plan ARAP: Abbreviated Resettlement Action Plan RDB: Rwanda Development Board REMA: Rwanda Environment Management Authority RGAC: Rwanda Governance Advisory Council RGB: Rwanda Governance Board RHA: Rwanda Housing Authority RNRA: Rwanda Natural Resources Authority RPF: Resettlement Policy Framework RRA: Rwanda Revenue Authority RSTF: Rural Resettlement Task Force RTDA: Rwanda Transport Development Agency ii DEFINITIONS OF TERMS USED IN THIS DOCUMENT Unless the context dictates otherwise, the following terms shall have the following meanings: 1. “Affected people” refers to people who are directly affected socially and economically by World Bank-assisted investment projects caused by: a. Relocation or loss of shelter b. Loss of assets or access to assets loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or c. The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons. 1) Resettlement “covers all direct economic and social losses resulting from land taking and restriction of access, together with the consequent compensatory and remedial measures. Resettlement is not restricted to physical relocation. It can include: (a) acquisition of land and physical structures on the land (b) physical relocation; (c) economic rehabilitation of displaced persons to restore and/or improve their income and living standards. 2. “Associated projects” means any subprojects or activities which are directly related to the planned infrastructure development in the six secondary cities. 2) 3. “Census” means a complete and accurate survey of the project affected population. This entails a field survey carried out to identify and determine the number of Project Affected Persons (PAP). This is complemented by an Asset Inventory which is a complete count and description of all property that will be acquired, including assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. . 4. “Environmental and Social Management Framework (ESMF)” is a safeguard instrument (document) which will set out a mechanism to determine and assess future potential environmental and social impacts of the project funded activities in the infrastructure development program and other activities associated with this project regardless of funding viii agency in the six secondary cities. The framework will set out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument will be prepared as a separate and stand-alone document to be used in conjunction with this RPF. 5. “Compensation” means the payment in kind, cash or other assets given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole. 6. “Cut-off date” is the date of commencement of the census of PAPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation. 7. “Project affected persons” (PAPs) means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Project affected persons physically relocate. These people may have their: a. Standard of living adversely affected, whether or not the Project Affected Person must move to another location; b. Right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently, adversely affected; c. Access to productive assets adversely affected, temporarily or permanently; or d. Business, occupation, work or place of residence or habitat adversely affected. 8. “Involuntary Displacement” means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by: a. Loss of benefits from use of such land; b. relocation or loss of shelter; c. loss of assets or access to assets; or d. loss of income sources or means of livelihood, whether or not the project affected person has moved to another location. 9.” Involuntary Land Acquisition” is the taking of land by government or other government agencies for compensation, for the purposes of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. ix 10. “Land” refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project. 11.” Land acquisition” means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. 12. “Rehabilitation Assistance” means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable project affected persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels. Resettlement “covers all direct economic and social losses resulting from land taking and restriction of access, together with the consequent compensatory and remedial measures. Resettlement is not restricted to physical relocation. It can include: (a) acquisition of land and physical structures on the land (b) physical relocation; and the (c) economic rehabilitation of displaced persons to restore and/or improve their income and living standards. 13. “Resettlement and Compensation Plan”, also known as a “Resettlement Action Plan (RAP)” or “Resettlement Plan” - is a resettlement instrument (document) to be prepared when subproject locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. 14.” Replacement cost” means replacement of assets with an amount sufficient to cover full replacement cost of lost assets and related transaction costs. In terms of land, this may be categorized as follows; 15. “Replacement cost for agricultural land” means the pre-project or pre-displacement, whichever is higher, value of land of equal productive potential or use located in the vicinity x of the affected land, plus the costs of: a. preparing the land to levels similar to those of the affected land; b. any registration, transfer taxes and other associated fees; 16. “Replacement cost for houses and other structures” means the prevailing cost of replacing affected structures of the quality similar to or better than that of the affected structures, in an area and. Such costs shall include: a. Building materials transporting building materials to the construction site; c. Any labour and contractors’ fees; and d) any registration costs. 17. “Resettlement Assistance” means the measures to ensure that project affected persons who may require to be physically relocated are provided with assistance such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement during relocation, 18. “The Resettlement Policy Framework (RPF)’ is being prepared as an instrument to be used throughout the planned infrastructure development program implementation. The RPF will be publicly disclosed in impacted areas to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The Resettlement Action Plans (“RAPs”) for the infrastructure development in the six secondary cities will be prepared and will be consistent with the provisions of this RPF. 19. “Resettlement Action Plan”: see Resettlement and Compensation Plan above, 20. “Vulnerable Groups” refers to: a. Widows, the disabled, marginalized groups, low income households and informal sector operators; b. Incapacitated households – those no one fit to work and; c. Child-headed households and street children d. Including among other things, persons characterized by low nutrition levels, low or no education, lack of employment or revenues, old age, ethnic minority and/or gender bias. xi TABLE OF CONTENTS ACRONYMS AND DEFINITIONS .......................................................................................... i DEFINITIONS OF TERMS USED IN THIS DOCUMENT ................................................ viii TABLE OF CONTENTS .........................................................................................................xii LIST OF FIGURES ................................................................................................................ xiv LIST OF TABLES ................................................................................................................... xv EXECUTIVE SUMMARY .................................................................................................... xvi 1. INTRODUCTION ................................................................................................................. 1 2. PUBLIC CONSULTATION ................................................................................................. 2 2.1. Main issues raised by the PAPs during the first meeting held in Musanze District. .......... 3 2.2. Attitudes of PAPs towards Approved RUDP project Sites ................................................ 4 3. IMPACT OF THE INVESTMENTS IN MUSANZE DISTRICT ........................................ 4 3.1 Methodology of the land acquisition process and ARAP .................................................... 5 3.2 Approach of ARAP preparation: ......................................................................................... 5 4. SOCIOECONOMIC STATUS OF THE AFFECTED PEOPLE .......................................... 8 4.1Gender and age of Household head ...................................................................................... 8 4.2 Education background ......................................................................................................... 8 4.3Diseases................................................................................................................................. 8 4.4Credit facilities ...................................................................................................................... 8 5. LEGAL AND REGULATORY FRAMEWORK................................................................ 10 5.1 Land law in Rwanda .......................................................................................................... 10 5.2 Ministerial Order No. 001/2006 of 26/09/2006 ................................................................. 10 5.3Law N°55/2011 of 14/12/2011 Governing Roads in Rwanda ............................................ 10 5.4Law N° 43/2013 of 16/06/2013 Governing Land in Rwanda ............................................. 11 5.5Law N° 32/2015 of 11/06/2015 Relating to Expropriation in the Public Interest .............. 11 5.6 Rwanda’s Urbanization and Rural Settlement Sector Strategic Plan 2013-18 .................. 11 5.7World Bank safeguard policies ........................................................................................... 12 5.8Comparison between National Legislation and WB OP 4.12............................................. 13 5.9Gap Analysis between Rwandan Expropriation Law and WB Op 4.12 ............................. 13 6. RESETTLEMENT COMPENSATION STRATEGIES ..................................................... 15 7. GRIEVANCE MANAGEMENT AND REDRESS ............................................................ 18 8. IMPLEMENTATION OF THE ARAP ............................................................................... 21 8.1Eligibility ............................................................................................................................ 21 8.2 Verification and Disclosure of entitlements ...................................................................... 23 8.3 Description of relevant organization’s activities ............................................................... 23 9. BUDGET ............................................................................................................................. 25 10. MONITORING AND COMPLETION AUDIT ................................................................ 26 xii 11. CONCLUSION .................................................................................................................. 29 xiii LIST OF FIGURES Figure 1: Consultation meeting in Musanze District ................................................................. 3 Figure 2: Some of the buildings that will be affected by the construction of the roads ............ 5 Figure 3: STEPS TO LODGE COMPLAINT ......................................................................... 20 xiv LIST OF TABLES Table 1: Issues of PAPs and responses given ............................................................................ 3 Table 2: Entitlement Matrix ..................................................................................................... 21 Table 3: Summary of responsibility........................................................................................ 23 Table 4: Plan for Monitoring, evaluating and reporting .......................................................... 27 xv EXECUTIVE SUMMARY The Local Development Agency of Rwanda(LODA) through the Rwanda Urban Development Project(RUDP), with the support of the World Bank, has identified the following roads for upgrading and rehabilitation: a) Road R49 (NM 222 ST to NM 207 ST) that links MEREZ-Byimana Petrol Station and Muhe-Bukanebridge- with the total length of 1399 meters b) Road R48 that links “SOPYRWA, National Police Head quarter (DPU) andMusanze Car Park” with the total length of 1533m; c) Road R24 and R44 that link Roads NM 34 ST (Rusagara, Ibereshirya 6)-Karere- Mpenge and Sonrise School with a total length of 1,731meters. The construction of the above mentioned roads in Musanze City implies that there will be a need for partial and permanent loss of properties like acquisition of land, demolition of some houses, demolition of boundary walls and removal of trees and crops and thus, this will lead to involuntary resettlement ofsome people living in the project area, this triggers the World Bank policy on Involuntary resettlement OP 4.12.It is therefore appropriate to prepare the Abbreviated Resettlement Action Plan (ARAP) by the project in line with all the necessary requirements outlined in World Bank Involuntary Resettlement Policy document as well as the Resettlement Policy framework(RPF). The main purpose of the Resettlement Action Plan is to ensure that the populations which have to leave their environment and lose some of their properties are treated fairly. The overall objective of the proposed project is to support Rwanda’s urbanization process by delivering basic services that will improve living conditions and promote local economic development. Several methods have been used while preparing this Resettlement Action Plan and they include the review of available documents, stakeholder consultations, social economic household survey and observations among others as they will be explained in this document. The World Bank policy on involuntary resettlement (OP 4.12) and other Several National policies and local legal frameworks that regulate the land relations and resettlement in Rwanda were reviewed including; the National land law and expropriation. Several xvi institutions will be involved in the implementation of the ARAP and these will include Ministry of Infrastructure(MININFRA), Ministry of Finance and Economic Planning (MINECOFIN), Rwanda Transport Development Agency (RTDA), Rwanda Natural Resources, Authority (RNRA), Ministry of Local Government (MINALOC), and Musanze District. The impact of the project on households will differ as some households will no longer be able to utilize the area to where the road is proposed to be constructed. Some households will only be affected during construction and afterwards they will be able to continue utilizing the portion of land in the area as before. An Abbreviated Resettlement Plan is prepared when the impacts of the entire displaced population are minor (if the affected people are not physically displaced and less than 10 percent of their productive assets are lost), or fewer than 200 people are displaced. (Paragraph 25 OP4.12). Twenty-Eight PAPs were identified under this RAP. A total of seven (7) houses will be affected, two (2) annexes, three (3) Kiosks and twelve (12) boundary walls are expected to be removed permanently for the project. In regard to structures, the affected structures/buildings will require relocation, hence, livelihoods and income will be affected for those who are running businesses in these kiosks. There are no people living in the annexes and no businesses are being run in these kiosks because these are old structures and the owners had plan to renovate them. A grievance resolution channel has been proposed through which the grievances shall be resolved.In case of any dissatisfied person, it was made clear to the PAPs that the complaint should be recorded and filed with Cell leadership for onward consideration by the Resettlement and Compensation Committee put in place for purposes of the RUDP project in Musanze City. Beyond this stage, if the complainant is not satisfied, there are other steps that were set up and are clearly explained in grievance and redress mechanism chapter. However, it is important to emphasize that as per World Bank OP 4.12, grievances logged outside the set timeframes by the national laws may still be valid and legitimate. Livelihood and income restoration shall be done through providing jobs during construction stage and emphasis will be people who have been affected by the project activities. xvii After the Valuation exercise to compensate the affected assets, Musanze District has set aside a total compensation budget for the properties that will be affected of One Hundred and Forty-TwoMillion, Four Hundred Ninety-Four Thousand Six Hundred Fifty-Seven Rwandan Francs Only(142,494,657Frw).This is equivalent to USD170,182.54. To avoid bias, it is important to carry out both internal and external monitoring to ensure complete and objective information. Internal monitoring will be undertaken by the implementing agency, a Consultant and/or the local authorities involved. Some of the indicators for internal monitoring to be considered will include the number of households and individuals affected by the project; actual compensation amount paid and timelines; number of PAPs who have not received compensation, number of people raising grievances in relation to the project and number of unresolved/resolved grievances. It is important to gather data on a few key indicators that will allow the monitoring to assess whether people’s welfare and livelihoods have improved and to also flag if they are deteriorating. This should be data from the social economic survey. External monitoring will include an independent impact evaluation that will determine whether compensation payments have been completed in a satisfactory manner, and whether there are improvements in livelihoods and well-being of PAPs. During the preparation and implementation of this ARAP, some recommendations were proposed: • Continuous sensitization of PAPs through existing local government structures, NGO’s etc. • A workshop for the different stakeholders should be organized to ensure that everyone understands their role in the implementation process. • There is a need for effective coordination of institutions that are key in the implementation of the ARAP. • Majority of the PAPs preferred cash compensation to in-kind compensation. The wishes of the people should thus be respected. In conclusion, if the guidelines and recommendations set out in this ARAP are followed, the negative impact of the project on the people will be minimized and thus the project will be socially and environmentally viable. xviii 1. INTRODUCTION This Abbreviated Resettlement Action Plan(ARAP)is meant for the construction and upgrading of Road R49 (NM 222 ST to NM 207 ST) that links MEREZ-Byimana Petrol Station and Muhe-Bukane bridge- with the total length of 1399m; Road R48 that links “SOPYRWA-National Police Headquarters (DPU) and Musanze Car Park” with the total length of 1533m; Road R24 and R44 that link road NM 34 ST (Rusagara, Ibereshirya 6)- Karere-Mpenge and Son rise School with the total length of 1731m. It was prepared by the Government of Rwanda (GoR) as one of the requirement by the World Bank to support the development of urban infrastructure in six secondary cities of Rwanda including Musanze, Huye, Nyagatare, Rubavu, Rusizi, and Muhanga; as well as development of infrastructure in Agatare area of Nyarugenge District. In Musanze District, the efforts have been led by the Ministry of Infrastructure (MININFRA)through the Rwanda Urban Development Project (RUDP), under which the construction and upgrading of these roads are financed. The RUDP aims at improving urban management, infrastructure services and local economic development with the following as the major components: a) Performance Based Grants to Support Infrastructure Investments for Basic Services (including settlement upgrading) in the secondary cities of Huye, Rusizi, Musanze, Muhanga, Rubavu, and Nyagatare that have been identified in the National Urbanization Strategy to serve as poles of future urban and economic growth. b) Facilitating Local Economic Development in the six secondary cities linked to the infrastructure investments to promote local economic development such as expanding or improving the market infrastructure and providing technical assistance to the District in enabling and partnering with the private sector (e.g., through guidance on Public Private Partnership (PPP) arrangements). c) Upgrading of the Agatare Informal Settlement in Nyarugenge District of the City of Kigali to support Nyarugenge District in planning, facilitation and implementation of the Agatare neighborhood upgrading intervention, which will serve as a piloting of community based urban regeneration measure that will subsequently be scaled up to other parts of Kigali and to secondary towns. 1 d) Technical Support for the Implementation of the National Urbanization Strategy involving targeted capacity building support for government agencies at both central and local levels to enable an equitable urbanization process which also promotes economic growth. e) Project Management Support so as to provide the implementing agencies at national level and the Districts with project management support. 2. PUBLIC CONSULTATION According to the World Bank Involuntary Resettlement policy, affected persons and host communities are to be meaningfully consulted early in the planning process and encouraged to participate in the planning and implementation of the resettlement program. While preparing this ARAP, the affected persons were informed about their options and rights pertaining to resettlement. Hence, first consultation meeting with PAPs was held on 21st /10/2015 the second meeting was held on 23/01/2017, the third meeting was held on 24th /04/2017, all these meetings were held at Musanze District Headquaters.The aim was to discuss issues related to compensation. The minutes and attendance list of the consultations are in Annexed in this document. Summary of the consultations meetings held in Musanze District no Date Venue st 1. 21 /10/2015 Musanze District Headquarters th 2. 23 /01/2017 Musanze District Headquarters 3. 24th /04/2017 Musanze District Headquarters Local administrative entities, NGOs like Global Fund, Red Cross, Civil societies included Catholic church, and local communities were fully involved in all the processes of the development of this ARAP and they were informed about the construction of the proposed roads and even during the preparation designs. Upon identification of the households that will be affected by the project, LODA/RUDP and Musanze District staff organized meetings with the PAPs to discuss compensation and resettlement requirements and concerns. The District arranged meetings for the negotiations with the local communities to discuss the alternatives for compensation and the proposed site that seemed to be suitable for the project. 2 Figure 1: Consultation meeting in Musanze District 2.1. Main issues raised by the PAPs during the first meeting held in Musanze District. The issues raised at the consultation meetings are summarized in the table below, along with the responses given by the committee comprised of LODA staff (Social and Environment specialists), and District and Sector officials. Table 1: Issues of PAPs and responses given Issues Responses Valuing affected The valuation of the crops trees and houses will be done with assets (crops and reference to current compensation rates applied in Rwanda. trees) Security issues Compensation will take place before construction works start, during the hence, the affected people will be able to rebuild their boundary demolition of their walls. During the demolition of the boundary walls, security boundary walls? personnel will deployed at the site until the walls are rebuilt How will I know All the PAPs names and their properties as well as their amount the amount of of money that will be compensated will be displayed at cell and money to be sector offices and all PAPs will sign the compensation form compensated? after accepting the amount of money to be compensated How will I receive All payment will be made directly to PAP personal bank my money? accounts or SACCOs and other Banks operating in Rwanda. Employment The PAPs will be given priority to work as skilled and semi- opportunities skilled jobs for the eligible people. Child labor is prohibited 3 2.2. Attitudes of PAPs towards Approved RUDP project Sites During public consultations with several stakeholders including PAPs themselves indicated that this project is of great importance to the socioeconomic development of the people. Hence,all people did support the construction of the proposed roads in Musanze City. This was attributed to the fact that these people already knew the significance associated with the construction of these roads. 3. IMPACT OF THE INVESTMENTS IN MUSANZE DISTRICT Attempts have been made to avoid expropriation as much as possible as per the primary criteria of development scheme for Phase-1 selected projects in Musanze City. However, the impact on a few properties could not be avoided even after applying all necessary measures. Properties that will be affected by the construction of roads are owned by 28 people and are estimated to be worth 142,494,657 Rwandan francs, these will include houses, boundary walls, kiosks and annexes. Seven of the properties are houses which will be fully affected. These seven houses are being compensated as in the Entitlement Matrix. House compensation can be at the resettlement site of full replacement value or that of equal or better size and quality in an available location of proposed settlement sites in the District Master Plan.For those that already own other built houses that meet minimum criteria of a suitable house equivalent to the one displaced, cash compensation is available of full replacement cost for entire structure and other fixed assets without depreciation or alternative structure. Since all houses were affected by more than 30%, the owners will be compensated for the full value of their housesas well as full replacement costs for land taken by the project.There are no rental tenants in the annexes and kiosks found in the project area, hence, the owners will be compensated for the full value of their structures. There is no physical relocation in this project area, four (4) people will move in the same land and three (3) people live in Kigali.They will also be compensated for the land taken by the project. 4 Figure 2: Some of the buildings that will be affected by the construction of the roads 3.1 Methodology of the land acquisition process and ARAP National land acquisition process is being supplemented by the development and implementation of this ARAP that seeks to adhere to the requirements of the World Bank policy on Involuntary Resettlement (OP 4.12) and the Rwanda National Expropriation law no 32/2015 of 11/06/2015. The stakeholder engagement and socioeconomic data collection required to develop this ARAP took place through a series of site visits to the concerned districts between May and June 2015 and June and July 2016. 3.2 Approach of ARAP preparation: The ARAP preparation followed the following key essential stages: • Identification of project impacts and affected populations was achieved by- o Reviewing the map of the extent of proposed road diversions. o Reviewing the Socio-economic Impact Assessment report; o Consultation with affected populations on suggestions regarding mitigation measures and preferred development opportunities; o Reviewing the detailed Engineering Design • Review of legal framework for land acquisition and compensation for Rwanda; • An Entitlement Matrix was drawn indicating which people are affected, entitled to what compensation and cut-off date after which any intruders are ineligible were also determined; • Valuation of property: According to the Expropriation Law(2015), Land values and prices for property incorporated on land consistent with the prevailing market rates provided under this Law shall be established by the Institute of Real Property Valuers in Rwanda. 5 • The list of land values and prices for property incorporated on land shall be reviewed every year and approved by the regulatory Council for the real property valuation in Rwanda before it becomes effective. • The current market prices for property were applied. For example, for Full replacement compensation of lost property was based on these prices. According to the Expropriation Law, it stipulates that any expropriator that retracts his/her project for expropriation in the public interest after the valuation of the property of the persons to be expropriated or fails to pay fair compensation within the period provided under Article 36 of this Law shall be bound to pay compensation of five per cent (5%) of fair compensation that had to be paid to the person to be expropriated • However, for this project we applied the replacement costs which is a method of valuation of assets that helps to determine the amount sufficient to replace the assets and cover the transaction costs. The market costs plus transaction costs are equivalent to replacement costs. Replacement costs were applied to tangible assets including houses and other structures. • Livelihood restoration activities: Compensation alone was considered not enough to restore the livelihood of the affected people to, at least, the level at which it was before the project. Through stakeholder engagement with affected people, LODA, and local Government authorities, awarding PAPs semi-skilled jobs during construction will be given a great importance especially for those affected people The allocation of jobs will be based on those people who were affected and have no jobs. Secondly, the preference will be for those affected people and even those who live around the project area, this will limit labor influx and most importantly women and youth will be preferred. • A detailed budget was drawn covering; cost of compensation, cost of ARAP implementation, and the Monitoring and Evaluation of the entire ARAP. The detailed budget has a close link to the implementation schedule; • Monitoring and implementation plans were drawn. The implementation schedule covers all activities of the resettlement process that were planned, that is, consultations, ARAP, formal establishment of grievance mechanism, agreement of LRP and agreement on the resettlement sites. • ARAP, implementation of the LRP, monitoring and evaluation. 6 Monitoring was discussed based on performance monitoring, impact monitoring and complete external audit; • Information from the stakeholder engagement enabled the study to describe organizational responsibilities and establish a formal grievance redress mechanism; 7 4. SOCIOECONOMIC STATUS OF THE AFFECTED PEOPLE The baseline census and socio economic survey is important to have key data/indicators to be able to monitor the welfare of the PAPs. 4.1Gender and age of Household head Of all the households affected by the project, three (3) households are headed by women and twenty-five (25) are headed by men. Among the affected People, twenty (20) households are headed by the age group from 36 to 55 years of age. On the other hand, five (5) households are headed by the age group from 56 to 64 years of age and one (3) household is headed by the age group of 65 and above. 4.2 Education background Among the affected household heads, seven (7) have completed University and ten (10) other have completed Secondary education, on the other hand, eight (8) have completed primary school and one (3) has never attended any formal school. 4.3Diseases Of all the PAPs, one (1) PAP has diabetes, one (1) has a skin disease and one (1) has a sexually transmitted disease. The rest of the PAPs said that they don’t suffer from any disease. 4.4Credit facilities All PAPs have access to financial institutions like the SACCOs and other Banks like Bank of Kigali, Access Bank, Equity, etc. Important to have for each PAP and household some key indicators that will be tracked to be able to ascertain that PAPs welfare has been improved. 4.5 Socio-economic importance of the project Like in other secondary cities, these proposed projects will be of great importance to the people residing in the neighborhood of the roads that will be constructed andMusanzeDistrict 8 residents in general. According to the different people in the project area, the following are the benefits that will be attributed to the construction of these roads; a) Easy movement of goods and services among businessmen, hence, enhancement of the development of trade and income among people. b) Reduction of respiratory infections due to dust: People said that once the roads are constructed, there will be reduction of dust and this will lead to the reduction of respiratory infections like coughs, etc. c) The value of people’s properties is likely to increase, properties like land and houses will have more value after the construction of the road. d) Reduction of transport fares e) Availability of semi and unskilled jobs f) Solving the problem of stagnant water especially during rain seasons; a decrease in water borne diseases g) Hotels and Lodges will get more customers because it will be easier to access them 9 5. LEGAL AND REGULATORY FRAMEWORK 5.1 Land law in Rwanda The Organic Law No.43/2013 of 16/06/2013 governing land in Rwanda serves the purpose to determine modalities of allocating, acquisition, transfer, use and management of land in Rwanda. Under this law and relevant to this study are the definitions given to: • Land tenure: the system by which land is held, describing the rights, responsibilities and restrictions that are attached to the land holder. • Expropriation: an act of taking away individuals' land by the State due to public interest in circumstances and procedures provided by law and subject to fair and prior compensation. The land owner shall enjoy full rights to exploit his/her land in accordance with the provisions of this Law and other laws. The State recognizes the right to freely own land and shall protect the land owner from being dispossessed of the land whether totally or partially, except in case of expropriation due to public interest. All buildings, crops and other works found on land that have been performed by the land owner using his/her money or otherwise are presumed to be his / hers. However, this does not prohibit any other person to own buildings, crops and any other works on other person land in accordance with procedures provided for by this Law, other laws or agreement with the land owner. Should include sections of the law that spell oiut what PAPs is entitled to for compensation under the expropriation law. 5.2 Ministerial Order No. 001/2006 of 26/09/2006 This Order provides for the structure of land registers, the responsibilities and the functioning of land bureaus in each district (Article 1). According to this order, the overall responsibility of implementing the land policy lies with the Land Bureau, and the law clear stipulates the functioning of the land bureaus at both Central and Local Government levels. 5.3Law N°55/2011 of 14/12/2011 Governing Roads in Rwanda This law provides for regulation of road works in the country, putting the responsibility for all national roads and adjoining roads under the Roads and Transport Development Authority, RTDA; while putting the district and adjoin feeder roaders under the responsibility 10 of the local authorities, and that of the roads exclusively within the designated urban centres under the urban authorities. 5.4Law N° 43/2013 of 16/06/2013 Governing Land in Rwanda This Law determines modalities of allocating, acquisition, transfer, use and management of land in Rwanda. It also establishes the principles applicable to rights recognized over all lands situated on Rwanda’s national territory and all rights united or incorporated with land, whether naturally or artificially. The State under this law is the sole authority to accord rights of occupation and use of land. It also has the right to order expropriation in the public interest. 5.5Law N° 32/2015 of 11/06/2015 Relating to Expropriation in the Public Interest This Law determines procedures relating to expropriation in the public interest. Expropriation is the taking of private property in the public interest aimed at development, social welfare, security and/or territorial integrity for public good or State interest. An expropriator is a government organ with responsibilities and powers conferred by law to carry out expropriation in public interest. The Expropriation Law also provides for contestation of the process including listing of affected persons and valuation of the affected property. Article 28 of the expropriation law of 2015: Criteria for determining fair compensation was applied as well. “The compensation for disruption caused by expropriation to be paid to the expropriated person shall be equivalent to five percent (5%) of the total value of his/her property expropriated 5.6 Rwanda’s Urbanization and Rural Settlement Sector Strategic Plan 2013-18 The Sector Strategy promotes the development of secondary cities while creating a network of urban and urbanizing centers. Additional overall urban development guiding principles to be followed in preparing this project are: (a) designs which will encourage densification of the cities, resulting in reduced urban infrastructure and services costs, (b) local economic development must also be taken into consideration in the dialogue with the cities as to investment options, and (c) the investment options must be ranked as well using social inclusive growth as a major criterion. 11 5.7World Bank safeguard policies The World Bank policy on involuntary resettlement (OP 4.12) emphasizes that any development project should avoid or minimize involuntary resettlement and where this is not feasible, it should compensate for lost assets at full replacement cost, and assist the displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The World Bank OP 4.12, Annex A (Paragraphs 17-31), describes the scope (level of detail) and the elements that a resettlement plan should include: a) WB OP 4.12. (6a) demands that the resettlement plan includes measures to ensure that displaced persons are (i) informed about their options and rights, (ii) consulted on, offered choices among others and provided with technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement costs. b) WB OP 4.12 (8) requires that particular attention should be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly; women and children and indigenous peoples and ethnic minorities. c) WB OP4.12 (12a) states that for households depending on land for their livelihoods preference should be given to land based solutions; however, payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual is economically viable. c) WB OP4.12 Para (6 b & c) state that in case of physical relocation, displaced persons should be (i) provided with assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site. d) WB. OP 4.12 (13 a) stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning, implementing and monitoring resettlement. In addition, displaced persons should be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and 12 standards of living; and provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. e) WB OP4.12 Para 13 (a) requires that appropriate and accessible grievance mechanisms are established to sort out any issues arising. 5.8Comparison between National Legislation and WB OP 4.12 This section compares differences between the laws of Rwanda related to expropriation and the World Bank’s safeguards on Involuntary Resettlement. In this project, where the Rwanda law differs with the Bank's OP 4.12’ the latter will apply or take precedence. The promulgation of the new Expropriation Law introduces a legal framework within which expropriation activities must be conducted, and above all, attempts to bring Rwandan legislation more in line with international best practice requirements. 5.9Gap Analysis between Rwandan Expropriation Law and WB Op 4.12 Despite this, there are still some gaps between the national Rwandan legislation and the World Bank Policy OP 4.12. These relate to the general principles for resettlement, eligibility criteria, the notification period for expropriation and resettlement, and the procedures required throughout the resettlement process. The key differences are as follows. a) Avoid Resettlement: While OP 4.12 stipulates that projects should first avoid involuntary resettlement as much as possible, there are no similar provisions in Rwandan national legislation, which states that ‘expropriation of land will be done when deemed necessary for public purposes.’ Secondly, the notification period under national legislation requires that property must be handed over 120 days after financial compensation has been paid, while OP 4.12 requires that displacement must not occur until all necessary measures for resettlement are in place including assisting the PAPs with relocation. b) Meaningful and participative consultation: OP 4.12 requires that persons to be expropriated should be meaningfully consulted and that the PAPs should have the opportunity to participate in planning and design of resettlement programs. The Rwandan Expropriation Law only stipulates that affected peoples be fully informed of expropriation issues and that the public interest will always 13 override any individual interest. Indeed, the law prohibits anyone to hinder the expropriation process based solely on “self-centred” reasons. c) Eligibility determination: According to the Bank policy (OP 4.12) eligibility determination of the PAPs entitles those who have formal rights, those with claims to land, and those with no recognizable legal right to compensation; but under the Rwanda Expropriation law compensation is limited only those land titles and or recognizable customary or written evidence of land ownership, persons recognized as legal occupants and owners of the expropriated land and property thereon. The World Bank OP4.12 policies is much broader and includes both legal and illegal occupants of the land. d) Notification period required: The Rwandan new expropriation law requires that property must be handed over 120 days after financial compensation has been paid, while OP4.12 requires that displacement must not occur before all necessary measures for resettlement are in place, not only compensation. a)e) Fair and just compensation: The Expropriation Law provides for fair and just compensation to expropriated peoples eligible for compensation, the definition of 'fair and just' is not clearly defined, and therefore there is a risk that Project Affected People's livelihoods may not be restored or improved after compensation and resettlement. 14 6. RESETTLEMENT COMPENSATION STRATEGIES According to the Op 4.12, the RAP provides for “prompt and effective compensation at full replacement costs for losses of assets attributable directly to the project.” (para 6 of OP 4.12) Asset inventory and valuation was done in Musanze District, for the proposed road construction by the certified valuer. The valuation process is an entire field operation that involves certified valuers and other parties including local authorities and PAPs, local meetings explaining to the affected communities the manner in which the valuation would be done were held. According to the OP 4.12, the RAP provides for” prompt and effective compensation at full replacement costs for losses of assets attributable directly to the project.” (para 6 of OP 4.12). All assets should be valued at replacement cost. Replacement costs is the method of valuation of assets that helps to determine the amount sufficient to replace the assets and cover the transaction costs. The market costs plus transaction costs are equivalent to the replacement costs. Replacement costs should be applied to tangible assets including house, other structures, trees, crops, access to water and any improvements on the land. Depreciation of structures and assets should not be taken into account. Where the domestic law does not meet the standard of compensation at full replacement costs then compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fraction17 of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not land- based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. For house and structures the replacement costs is the market structure with an area and quality similar or better than those of the affected structure, plus the cost of transporting 15 building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. After consultations with various stakeholders, the following are the key activities agreed upon; • Plots of land were measured by tape measure to determine the size. This was done in the presence of the Displaced persons and the committee chosen to follow-up the Asset inventory and valuation. • Houses were measured by tape measure, type and quantity of construction materials used on the house as well as the state of the structure was determined. All this was done in the presence of the affected owner and valuation committee. • Crops valuation criteria based on the area of coverage, in other cases number of standing crops and age. • Crop and tree owners: Valuation is for annual crops since the seasonal crops shall be harvested by the time of project commencement. For those hiring or care taking for the actual land owner, compensation shall be written against those hiring or care taking of the land not to the land owners to avoid any misconduct by the land owners who might seize the compensation packages intended for those hiring the land. • Trees valuation criteria based on the number of trees, age and type of tree. • All this data was entered into individual valuation field sheets for each plot of land and for each affected person. Each of these was verified by the valuation committee and the affected person, who signed against the sheet. These sheets were signed off by the Cell and Sector authorities before they are sent to the District land commission for endorsement and for payment processing. 6.1 Cut - off date The cut-off date in this ARAP refers to the timeframe advertised by the District of Musanze beyond which no more claims could be made for inclusion on the list of PAPs, and at which point no assessment of new persons and their property outside the published list would be undertaken. i.e. Persons who encroach on the area after the cutoff date are not entitled to compensation or any other form of resettlement assistance. The cut-off date was determined through a meeting with the PAPs, at the District headquarters, before the commencement of the census survey and social assessment. The agreed upon cut-off date was 16th January 2017.Normally; this cutoff date is the date the census begins. The cutoff date could also be 16 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. 17 7. GRIEVANCE MANAGEMENT AND REDRESS The GRM has been appropriately articulated in the RPF and is for the benefit of both the project and the PAPs so as to amicably and in a timely manner solve any conflicts and grievances that may arise with the displacement and resettlement processes and activities. The grievance framework recommended for this ARAP is built on already existing structures within the laws of the GoR and affected community. A Resettlement and Compensation Committee, including representatives of the PAPs, women, youths, local authorities, and those designated by law from the District Leadership was set up to guide the implementation of the ARAP and expedite any handling of grievances that may arise in the implementation of the ARAP. It is very important that appropriate and accessible grievance mechanisms are established to sort out any issues arising in connection with resettlement and compensation. During the implementation of the project activities, it is likely that disputes/disagreements between the project implementers and the affected persons will occur. Grievances may arise from members of communities who are dissatisfied with the eligibility criteria, resettlement measures, compensation packages/rates and ownership of property etc. Other grievances may include family issues like death of eligible PAPs and thus disputes between heirs and other family members, divorce/separation of spouses and missing PAPs on the register among others. It is therefore necessary to establish channels through which aggrieved people could file their complaints so as to ensure successful project development and implementation. • In case of any dissatisfied person, it was made clear to the PAPs that the complaint should be recorded and filed with Cell leadership for onward consideration by the Resettlement and Compensation Committee put in place for purposes of the RUDP project in Musanze City. • The Musanze District acknowledgedthe institution for which the PAPs have been made aware of as avenues for expressing discontent and disapproval to the resettlement and compensation process. The Rwanda Expropriation Law clearly stipulates the complaints procedures for individuals dissatisfied with the value of their compensation. 18 • The Law stipulates that dissatisfied persons have a period of 15 days after the approval of the decision for the valuation has been taken in this case by the Musanze District to appeal. • In the event that the PAPs rejects the value given by the Resettlement and Compensation Committee, they can ask for justification of the figure from the Committee. • Should they still disagree with the value given, they can appeal to their local leadership starting at the Cell level, then the Sector and finally the District leadership. • The District Land Commission officer should be present at the local meetings so as to closely follow the proceedings and to guide local leaders when addressing appeals. • If the grievance is not resolved via the local leadership structure, and the District Land Committee upholds the original value, the complainant final resort shall be to file the case to the competent Court of Law. According to the Expropriation Law, filing a case in courts of law does not stop expropriation process to be effected. The suing for review of the compensation decision should be done within 15 days after the local appeals decision is made. As per World Bank OP.4.12 grievances logged outside this timeframe may still be valid and legitimate hence, this should be abided by incase such circumstance arises. Customarily, the government expropriation authorities ensure that all affected people have been fully informed, and will issue warnings about the consequences of failure to lodge their complaints in time. Within this customary procedure, affected people have been informed of the procedures before their assets are taken. The Musanze District will follow up the aggrieved PAPs at each level to ensure that the grievances are resolved. 19 Figure 3: STEPS TO LODGE COMPLAINT Village or Umudugudu leaders If resolved no further actions and if unresolved he goes further to the cell leadership Cell leadership/Social affairs and The cell leadership for resettlement and compensation consideration with the committe resettlement and compensation committee Land Bureau, Resettlement Committee (Sector/ District) If resolved no further actions and if not resolved at sector and District it goes further to competent courts of Law Legal actions 20 8. IMPLEMENTATION OF THE ARAP 8.1Eligibility With reference to the World Bank OP.4.12, displaced persons eligible for compensation includes those with recognized land lease title or certification of ownership as well aspeople without any legal ownership of property. Recognized for compensation are 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. Categories of persons identified during the census and baseline survey that establishes the eligibility for compensation as a result of land acquisition and involuntary resettlement are described hereafter: Table 2: Entitlement Matrix Type of Entitled Type of Impact Compensation/Entitlement/ Responsible Loss Person benefits Organization Land - Title Displacement Cash compensation for affected Musanze Agricultural holder Any portion of land land equivalent to full District holding lost to the replacement cost as per the project, entire plot of National legislation. land displaced House Owner Displacement: House compensation at the Musanze Entirestructure resettlement site of full District affected or structure replacement value and of equal 30% partially affected or better size and quality in an but the remaining available location of proposed structure is not settlement sites in the District suitable for continued master plan. use For those that already own other built houses that meet minimum criteria of a suitable house equivalent to the one displaced Cash compensation of full 21 Type of Entitled Type of Impact Compensation/Entitlement/ Responsible Loss Person benefits Organization replacement cost for entire structure and other fixed assets without depreciation, or alternative structure. Right to salvage materials without deduction from compensation. Boundary Owner Partially affected Cash compensation for the Musanze Walls entire boundary wall equivalent District to replacement value as well as full replacement cost for the land taken by the project Annexes Owner Partially affected Cash compensation for the Muanze entire boundary wall equivalent District to replacement value as well as full replacement cost for the land taken by the project Standing Crop Crops affected by Cash compensation equivalent Musanze crops Owners land acquisition or to market value/ full District temporary acquisition replacement cost for the mature or easement and harvested crop. Trees Tree Trees lost Cash compensation based on Musanze Owners type, age and productive value District of affected trees. For those hiring or care taking for the actual land owner but with annual/perennial crops, compensation will be written against the land owner but will only be released to the land owner on written agreement authenticated by local authority 22 Type of Entitled Type of Impact Compensation/Entitlement/ Responsible Loss Person benefits Organization that he/she shall compensate the actual crop/ tree owner. The reason compensation was made to the land owner and not the crop owner was because payment is done by the Ministry of Finance, which only makes payments against land on which the crops exist. 8.2 Verification and Disclosure of entitlements The local community and Displaced Persons shall be involved in the process of documentation and valuation of their assets. Property valuation forms shall be presented to Displaced Persons for verification, once they are comfortable with the proposed full replacement cost for their property, they signed or thumb pressed in ink against their names as a sign of agreement. These documents will then be shared with the Cell and Sector authorities who countersign as a sign of approval and authorization of legal process. The ARAP will be disclosed after the approval by LODA and the World Bank and the medium of communication will be in English and Kinyarwanda for the part of asset valuation. The translated copy of ARAP in Kinyarwanda will be displayed at Cell, Sector and District offices and it will also be discussed during end of month community works (Umuganda). 8.3 Description of relevant organization’s activities The Table below gives the summary of responsibility and roles that should be played by every institution during the preparation and implementation of this ARAP for Musanze RUDP subprojects implementation. Table 3: Summary of responsibility Organization Responsibility Musanze District and Screening of sub-projects to identify resettlement LODA Social Safeguards and compensation requirements 23 team Preparation and Implementation of ARAP District of the Musanze District to create Resettlement and Compensation Committee; Provision of capacity building and technical support relating to resettlement and compensation activities Musanze District authorities Review and sign off of all documentation (e.g. and responsible Sector completed ARAPs, grievance forms, consultation plans); Participation in documentation of assets Compensation of ARAP Responsible in monitoring and implementation PAPs Participation in census/measurement and valuation of assets MusanzeDistrict and Identification of land for replacement and Resettlement and effective consultation at the sector level, cell Compensation Committees level, and at village level (Umudugudu) Representation of PAPs; Facilitate coordination of information collation activities (such as surveys, supervising documentation) for monitoring purposes, in accordance with procedures put in place by the District authorities; Elect a representative of the Committee to act as Project Liaison Officer who has regular contact with PAPs and can lead consultation, public participation and grievance mechanisms Responsible for ensuring that grievance mechanisms meet the requirements of the RPF legislation. 24 9. BUDGET The estimated budget isOne Hundred and Forty-Two Million, Four Hundred Ninety-Four Thousand Six Hundred Fifty-Seven Rwandan Francs Only. (142,494,657Frw). This budget was set aside by the District of Musanze to compensate assets that will be affected by the project activities. 25 10. MONITORING AND COMPLETION AUDIT The civil works for rehabilitation and construction of roads, drainage and public lighting infrastructure in MusanzeCity is planned to start in June of 2017. Monitoring of the ARAP will be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the ARAP occurs. The monitoring will be carried out by a committee composed of Musanze District representatives, representative at the Sector &cell level, and the SPIU -Social Safeguards Specialist, to ensure that all of the responsible implementing agencies follow the schedule and comply with the principles of the ARAP. Suggested key indicators are outlined below and include (and not limited to): • Number and place of public consultation meetings held with PAPs and local authorities in preparation of, or during ARAP implementation; • Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned); • Number of complaints including total received, total justified, and total non-justified. - This should include the subject matter for all complaints; - An explanation for non-justified complaints; - Total resolved at various levels including the type of agreement reached; - Total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or Musanze District) the referral and the subject matter. Suggested performance/evaluation indicators include: • Total nature and level of all complaints received, resolved; • Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan; • Revival of livelihood activities for the affected persons within 4 months after the compensation payment; Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly. 26 Table 4: Plan for Monitoring, Evaluating and Reporting Item Main activities Responsible Status Timing institution Public Consultation Musanze District Completed January 2017 consultation meeting with the and LODA- PAPs SPIU Database Updating census Musanze District Completed October 2015 and results January 2017 Disclosure of Display to the Musanze District Completed March 2017 Entitlement PAPs the results of the census Valuation Valuation of Certified Valuer Completed February 2017 properties that will be affected Grievance Handling LODA-SPIU as an A Resettlement and January 2017 Management complaints overseer and the compensation District of committee Musanze composed of the PAPs representative, Women Representative, Village Head and the District social protection officer was formed 27 Item Main Activities Responsible Status Timing Institution Compensation Follow up and Musanze Not yet May 2017 monitoring all District completed, PAPs whether Compensation they have will be effected received their after approval of compensation ARAP by World package Bank Notification on Informing the Musanze District They will be May 2017 Demolition PAPs on the notified after period commencement compensation of demolition of and the structures for the transition or right of way preparation period will be agreed upon by all PAPs and the District of Musanze Looking for the Demolition of Contractor Not yet done May 2017 right of way the boundary walls 28 11. CONCLUSION In conclusion, the Resettlement Implementation Completion reportof the entire resettlement process for this project will be prepared and will include a handover certificate which will ostensibly provide a verification of when the compensation was undertaken and to whom these services were provided as well as to indicate that indeed all the compensation and all resettlement issues as far the World Bank involuntary resettlement policies were abided by. This report will be prepared and submitted to the World Bank three months after the completion of resettlement processes by the Musanze District, together with SPIU-Social safeguards specialist. The ARAP implementation report will include (but not be limited to) the following information: Background of the ARAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget; Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided; Complaints status; Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production; Total sum disbursed; and, Lessons learned from the ARAP implementation Note: Valuation report including land ownership documents could not be annexed on to this report due its size, its rather attached on to this report. 29 List of annexes: Proposed Grievance log Affected properties with corresponding amounts 30 Proposed Grievance log (Translated from Kinyarwanda to English) Grievance Resolution Form for complaints of affected people by the Secondly Cities Projects. ……………Province …………… District Sector:…………………. Cell:……………………… Village:………………………….. Name of Complainant:………………………….. Date of complaint:…………………….. Description of the Complaint: …………………………………………………………………………………………………… ……. …………………………………………………………………………………………………… …… Decision taken on complaint: …………………………………………………………………………………………………… …… …………………………………………………………………………………………………… Response given to complainant: …………………………………………………………………………………………………… ……….. Name and Signature of: Secretary Chairperson 31 LIST OF PAPs, THEIR PROPERTIES TO BE AFFECTEDAND CORRESPONDING AMOUNTS No: PAPs Properties affected Amount compensated (frw) HOUSES AFFECTED 1 PAP 1 Houses 5 ,397, 289 2 PAP 2 Houses 26 ,524, 274 3 PAP 3 Houses 25,965,951 4 PAP 4 Houses 15,230,646 5 PAP 5 Houses 15,230,687 6 PAP 6 Houses 4,920,304 7 PAP 7 Houses 5,618,852 Sub-Total 100,778,003 KIOSKS, BOUNDARY WALLS AND ANNEXES TO BE AFFECTED 8 PAP 8 Annex 3,326,638 9 PAP 9 kiosk 1,313,921 10 PAP 10 Kiosk& annex 1,680,801 11 PAP 11 Boundary wall 985,194 12 PAP 12 Boundary wall 642,911 13 PAP 13 Kiosk 2,087,580 14 PAP 14 Boundary Wall 995,134 15 PAP 15 Annex & boutique 13,184,013 16 PAP 16 Boundary wall 332,810 17 PAP 17 Boundary Wall 631,153 18 PAP 18 Annex 3,170,985 19 PAP 19 Boundary wall 407,683 20 PAP 20 Boundary wall 296,677 21 PAP 21 Boundary Wall 1,036,992 22 PAP 22 Boundary Wall 1,222,347 23 PAP 23 Annex 1,802,344 24 PAP 24 Boundary Wall 1,874,248 25 PAP 25 Kiosk& Annex 823,744 26 PAP 26 Boundary wall 1,503,044 27 PAP 27 Annex 2,620,793 28 PAP 28 Boundary wall 1,777,642 Sub-Total 41,716,654 GRAND TOTAL 142,494,657 32