RWANDA URBAN DEVELOPMENT PROJECT PHASE II RESETTLEMENT ACTION PLAN MUHANGA SECONDARY CITY NOVEMBER 2019 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) AND RESETTLEMENT ACTION PLANS (RAP) FOR RWANDA URBAN DEVELOPMENT PROJECT (RUDP) – PHASE 2. RAP REPORT TABLE OF CONTENTS Chapter Description Page LIST OF APPENDICES v LIST OF OTHER VOLUMES vi LIST OF TABLES vii LIST OF FIGURES viii DEFINITIONS ix ABBREVIATIONS xiii EXECUTIVE SUMMARY xiv 1 INTRODUCTION 1-1 1.1 Background and Objectives 1-1 1.1.1 Project Background 1-1 1.1.2 Project Objectives 1-1 1.2 Authority of the Report 1-2 1.3 Project Location 1-2 1.4 Objectives of the Resettlement Action Plan study 1-4 1.5 Methodology 1-4 1.5.1 Desktop Studies 1-4 1.5.2 Site Verification and Assessment 1-5 1.5.3 Sensitization of Project Affected Persons 1-5 (a) Public Meetings 1-5 (b) Official letters 1-5 1.5.4 Utility companies 1-5 1.5.5 Determination of the Socio-economic Profile of PAPs 1-5 1.5.6 Preparation of the Land Acquisition Plan 1-6 1.5.7 Land and Asset Valuation 1-6 (a) Land Valuation 1-7 (b) Buildings/structures 1-8 (c) Crops, plants and trees 1-8 1.6 Cut-Off Dates for Compensation 1-9 1.7 Challenges Encountered During the Assignment. 1-9 2 PROJECT DESCRIPTION 2-1 Muhanga city RAP Report Final i November 2019 2.1 RUDP Phase 2 Project 2-1 2.1.1 Selected Roads to be upgraded in RUDP phase 2 including link-up footpaths 2-1 2.1.2 Stand-alone Drains and Outfall Drains 2-1 2.2 RUDP Phase 2 Sub-Project Components 2-2 2.2.1 Proposed Project Roads 2-2 (a) Selection of Road Corridors to be implemented 2-6 (b) Selected Road Designs 2-6 2.2.2 Stand-alone Drains and Outfall Drains Designs. 2-7 2.3 Project Components Necessitating Involuntary Resettlement 2-8 2.3.1 Overview 2-8 2.3.2 Land Requirement 2-8 2.3.3 Impacts of Land Expropriation 2-10 2.3.4 Measures Taken to Reduce Resettlement Impacts 2-11 3 POLICY LEGAL AND REGULATORY FRAMEWORK 3-1 3.1 Introduction 3-1 3.2 Rwanda Policy Framework 3-2 3.3 World Bank’s OP 4.12 on Involuntary Resettlement 3-9 4 SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS 4-1 4.1 4.1 Overview 4-1 4.2 Administrative location of the project 4-1 4.3 Project Affected Households, Businesses and Institutions 4-2 4.3.1 Summary of the Census Findings 4-2 4.3.2 Administrative Location of PAPs 4-3 4.3.3 Household size and composition 4-3 4.4 Land Tenure and Project Impacts on land use and properties 4-5 4.4.1 Land Tenure 4-5 4.4.2 Project Impacts on land use 4-5 4.5 Economic Activities of PAHs 4-6 4.5.1 Household Income 4-6 4.5.2 Sources of Income of Project Affected Households 4-7 (a) Employment income 4-7 (b) Agribusiness Income 4-8 (c) Business Income 4-8 4.6 Housing and related Facilities 4-10 4.7 Water and Sanitation 4-13 4.8 Health 4-14 4.9 Education 4-14 4.10 Identified Vulnerable PAPs 4-16 5 PUBLIC CONSULTATIONS AND PROJECT DISCLOSURE 5-1 5.1 Background 5-1 5.1.1 Objectives of the Public Consultation 5-2 Muhanga city RAP Report Final ii November 2019 5.2 Stakeholder Identification 5-2 5.3 Stakeholder Engagement 5-3 5.3.1 Public Sensitization Meetings 5-3 5.3.2 One on One Door to Door Interviews and Key Informant Interviews 5-4 (a) Project Affected Persons/Households 5-4 (b) Project Affected Institutions 5-5 (c) Institutions and service providers 5-5 5.3.3 Validation Workshop 5-5 5.3.4 Summary of Public consultation and stakeholder Engagements. 5-6 5.4 Outcomes of the Stakeholder Engagement Program 5-7 5.4.1 Perception of PAPS - Proposed RUDP PHASE 2. 5-8 5.5 Future Stakeholder Engagement 5-8 5.5.1 Future Stakeholder Engagement by Muhanga District Administration 5-8 5.5.2 Approval and Disclosure of the RAP 5-9 6 IMPACTS OF THE PROJECT 6-1 6.1 Background 6-1 6.2 Expected Impacts 6-1 6.2.1 Positive impacts 6-1 (a) General Positive Impacts for upgrading of identified roads 6-1 (b) Positive Impacts for Construction of Stand-alone Drains 6-2 6.2.2 Negative impacts 6-2 (a) Resettlement & Expropriation Impacts of RUDP Phase 2 in Muhanga Secondary City 6-2 6.3 Proposed Entitlement Matrix 6-8 6.3.1 Resettlement & Expropriation Impacts Mitigation 6-9 (a) Principles of the Entitlement Matrix 6-15 (i) Loss of Livelihoods 6-16 (ii) Relocation of public utilities 6-18 6.3.2 Compensation Alternatives 6-21 6.4 RAP Implementation Budget 6-21 7 INSTITUTIONAL ARRANGEMENT OF IMPLEMENTATION OF RAP 7-1 7.1 Existing Institutions of Relevance to this RAP 7-1 7.1.1 7.1.1 Ministry of Infrastructure (MININFRA) 7-5 8 GRIEVANCE MECHANISM 8-1 8.1 Background 8-1 8.2 Grievances Resolution Committees 8-1 8.2.1 Socio-economic Surveys – Grievances Resolution Committees 8-1 8.2.2 Resettlement and compensation – Grievances Resolution Committees 8-2 8.2.3 Project Implementation – Grievances Resolution Committees 8-4 8.3 Gender Equality and Gender Based Violence 8-4 9 MONITORING AND EVALUATION 9-1 9.1 Background 9-1 9.2 Resettlement Implementation Completion report 9-2 Muhanga city RAP Report Final iii November 2019 9.3 RAP Implementation schedule 9-4 10 REFERENCES 10-1 11 APPENDICES 11-1 Muhanga city RAP Report Final iv November 2019 LIST OF APPENDICES Appendix 1: Location Map Appendix 2: Minutes of Public Meetings Muhanga city RAP Report Final v November 2019 LIST OF OTHER VOLUMES Volume II: Land and Asset Valuation Roll Volume III: Census data (In CD-ROM format) Muhanga city RAP Report Final vi November 2019 LIST OF TABLES Table Description Page Table E-1: Land Requirement for RUDP phase 2 in Muhanga Secondary City ................................. xvii Table E-2: Key findings from Census and Baseline Survey ................................................................ xix Table E-3: Entitlement Matrix. ........................................................................................................... xxii Table E-4: RAP Implementation Budget for Muhanga Secondary City ........................................... xxvii Table E-5: RAP Implementation schedule. ...................................................................................... xxviii Table 1-1: Land Values ........................................................................................................................ 1-8 Table 2-1:Probable Resettlement Impacts of Proposed Road Corridors .............................................. 2-2 Table 2-2: Probable Expropriation Impacts of proposed Road Corridors ............................................ 2-5 Table 2-3: Drainage Design Features ................................................................................................... 2-8 Table 2-4: Land requirement for RUDP phase 2 in Muhanga Secondary City .................................. 2-10 Table 2-5:Land Acquisition Impacts for RUDP phase 2 in Muhanga Secondary City ...................... 2-10 Table 3-1: Policy Framework. .............................................................................................................. 3-2 Table 3-2: Legislative Framework. ...................................................................................................... 3-3 Table 3-3: Comparative Analysis between W.B and RNL. ............................................................... 3-12 Table 4-1: Summary of the Number of PAHs, Businesses and Institutions......................................... 4-2 Table 4-2: Identified Vulnerable PAPs in Muhanga Secondary City. ............................................... 4-17 Table 5-1: Summary of Public consultation and Stakeholder engagements ........................................ 5-6 Table 5-2: Issue Response Matrix. ....................................................................................................... 5-7 Table 6-1: RUDP phase 2 Resettlement Impacts for Selected Road Corridors ................................... 6-3 Table 6-2: RUDP phase 2 Expropriation Impacts of proposed Road Corridors .................................. 6-8 Table 6-3: Entitlement Matrix. ........................................................................................................... 6-11 Table 6-4: Livelihood Restoration Action Plan.................................................................................. 6-17 Table 6-5: Identified utility and service providers. ............................................................................ 6-18 Table 6-6: Institution and Service Providers Relocation Action Plan ................................................ 6-19 Table 6-7: Compensation Packages Preferred by the PAPs. .............................................................. 6-21 Table 6-8: Implementation Budget/Expropriation Costs for Muhanga Secondary City ................... 6-23 Table 7-1:Stakeholders/institutions to support RAP planning and implementation. ........................... 7-1 Table 7-2:Roles and responsibilities of involved Persons and institutions. ......................................... 7-6 Table 9-1:Plan for Monitoring, evaluating and reporting. ................................................................... 9-2 Table 9-2: Proposed RAP Implementation Schedule ........................................................................... 9-4 Muhanga city RAP Report Final vii November 2019 LIST OF FIGURES Figure Description Page Figure 1-1: Local Map for Proposed Project. .......................................................................... 1-3 Figure 2-1: Implemented Road Cross-section. ........................................................................ 2-7 Figure 4-1: Administrative boundary. ..................................................................................... 4-2 Figure 4-2: Administrative Spread of PAPs. ........................................................................... 4-3 Figure 4-3: Household Heads .................................................................................................. 4-4 Figure 4-4: Gender of PAPS. .................................................................................................. 4-5 Figure 4-5: Household Income Level...................................................................................... 4-6 Figure 4-6: Employment Status............................................................................................... 4-7 Figure 4-7: Roofing Materials. .............................................................................................. 4-11 Figure 4-8: Wall Materials. ................................................................................................... 4-11 Figure 4-9: Flooring Materials. ............................................................................................. 4-12 Figure 4-10: Access to Services and Infrastructure. ............................................................. 4-13 Figure 4-11: Types of Sanitary Facilities. ............................................................................. 4-14 Figure 4-12: Level of Education. .......................................................................................... 4-15 Figure 4-14: Affected Properties and Socio – Economic Status of PAPs/PAIs.................... 4-18 Figure 5-1: Photolog showing consultation Forums ............................................................. 5-10 Figure 6-1: Illustration of Compensation Strategies for PAPs/PAIs ..................................... 6-20 Muhanga city RAP Report Final viii November 2019 DEFINITIONS 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: ✓ Relocation or loss of shelter ✓ 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 ✓ The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons. 2. “Census” means a field survey carried out for purposes of: enumerating and collecting basic information on affected population; registering the affected population by residence or locality; establishing a list of legitimate beneficiaries before the project’s onset that counters spurious claims from those moving into the project area solely in anticipation of benefits; laying a framework for subsequent socioeconomic research needed to establish fair compensation rates and to design, monitor, and evaluate sustainable income restoration or development interventions; and providing a baseline for monitoring and evaluation. 3. “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 agency in the Muhanga district Upgrading area of Nyarugenge District. 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. 4. “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. 5. “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. 6. “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: Muhanga city RAP Report Final ix November 2019 ✓ Standard of living adversely affected, whether or not the Project Affected Person must move to another location; ✓ 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; ✓ Access to productive assets adversely affected, temporarily or permanently; or ✓ 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: ✓ Loss of benefits from use of such land; ✓ relocation or loss of shelter; ✓ loss of assets or access to assets; or ✓ Loss of income sources or means of livelihood, whether or not the project affected person has moved to another location. 9. A fully affected property is where all built structures in one plot/ parcel of land have been affected by the proposed infrastructure in Muhanga district upgrading project. A partially affected property is where all built structures are not fully affected. For example, one of many structures, a fence, plantation or a land is only affected by the proposed infrastructure in Muhanga district upgrading project. 10. ” 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. 11. “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. 12. ” Land acquisition” means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. 13. “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. 14. “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 Muhanga city RAP Report Final x November 2019 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. 15. ” 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; 16. “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 of the affected land, plus the costs of: 17. preparing the land to levels similar to those of the affected land; 18. any registration, transfer taxes and other associated fees; 19. “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: ✓ Building materials ✓ Transporting building materials to the construction site; ✓ Any Labour and contractors’ fees; and d) any registration costs. 20. “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, 21. “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. 22. “Resettlement Action Plan”: see Resettlement and Compensation Plan above, 23. Child Headed Household: An older child taking care of his/her siblings and other members of the household. 24. Displacement: in this context, the term displacement has been taken to mean any form of relocation of assets in order to pave way for the p`roject. 25. “Vulnerable Groups” refers to: ✓ Widows, the disabled, marginalized groups, low income households and informal Muhanga city RAP Report Final xi November 2019 sector operators; ✓ Incapacitated households – those no one fit to work and; ✓ Child-headed households and street children ✓ 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. Muhanga city RAP Report Final xii November 2019 ABBREVIATIONS CoK City of Kigali DDC District Development Committee DLOs District Land Offices ESIA Environment and Social Impact Assessment ESMF Environmental and Social Management Framework FS Feasibility Studies. GoR Government of Rwanda GRM Grievance Redress Mechanism LODA Local Development Agency of Rwanda M&E Monitoring and Evaluation 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 PAPs Project Affected Persons PAIs Project affected institutions PAHs Project affected Households PMU Project Management Unit RAP Resettlement Action Plan RUDP Rwanda Urban Development Project RDB Rwanda Development Board REMA Rwanda Environment Management Authority RGB Rwanda Governance Board RHA Rwanda Housing Authority RoW Right of Way RRA Rwanda Revenue Authority RNL Rwanda National Legislation RTDA Rwanda Transport Development Agency RWF Rwandan Francs SPIU: Single Project Implementation Unit WASAC Water and Sanitation Corporation WB World Bank Muhanga city RAP Report Final xiii November 2019 EXECUTIVE SUMMARY Background Infrastructure development is one of the pillars of Rwanda Vision 2020 in which urban development and transport have been identified as some of the key drivers of the country ‘transformation agenda. The Government aims to develop basic infrastructure and upgrading of informal urban settlements to meet the demands of the urban inhabitants and match the accelerating urbanization. The Government of Rwanda is implementing the programme (RUDP) with financing from the World Bank (WB) through the districts administrations of the six secondary cities under Local Administrative Development Entities Authority (LODA) and the ministry of infrastructure acting as coordination and supervision agencies. The main objective of the RUDP is to provide trunk infrastructure through strategic identification, selection and implementation of the identified investments in six secondary cities; Musanze, Rubavu, Nyagatare, Rusizi, Huye and Muhanga in consultation with respective districts administrations. Development of aforesaid trunk infrastructure would promote urban development in the cities by improving access, mobility and integration of secondary support functions necessary for cohesive urban development. Muhanga Secondary City is strategically located at the cross roads of Rwanda ‘s major roads connecting the district with the City of Huye in the South, and the City of Karongi in the west. Muhanga district administration identified the following infrastructure investment priorities for Muhanga secondary city to be implemented with financing from the World Bank under RUDP phase 2; Upgrading of selected roads (4) to asphalt standards, upgrading of trunk infrastructure including prioritized standalone drains and footpaths. In terms of administrative location, RUDP Phase 2 is entirely located in Muhanga Secondary City within lager Muhanga district and covers 2 sectors; Nyamabuye and Shyogwe sector. Authority of the Report LODA commissioned the consultant (Joint venture between ECMN limited and ECOLEAD Consultants limited) to conduct Environmental and Social Impact Assessment on the Proposed Project. LODA also commissioned the consultant to prepare Abbreviated Resettlement Action Plans (ARAPs) and/or Resettlement Action Plans (RAPs) Study to provide mitigation measures for the envisaged expropriation. The ESIA Report for RUDP phase 2 is presented as a separate report. The RAP was prepared in compliance with the applicable laws of Rwanda and WB OP 4.12 - Involuntary Resettlement Policy. Muhanga city RAP Report Final xiv November 2019 Study Approach and Methodology The general approach used in the preparation of this RAP report involved a combination of the following: • Desktop Studies; • Site verification and assessment; • Sensitisation of Project Affected Persons; • Determination of the Socio-economic Profile of PAPs; • Land searches; • Valuation of land and assets. • Consultations, FGD and Survey. The Proposed Project Under RUDP phase 2, Muhanga District is set to upgrade two key infrastructure components; 1) Four (4) roads with a cumulative total length of 5.72 Km or thereabouts. The roads have unnamed outfall footpaths. Specific project sub-components under this phase are; i. Nyabisindu- CAF Isonga Asphalt Road (1.25km) ii. ICK-ADEPER-Methodist Church Asphalt Road and Connection (1.1km) iii. ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road (0.9km) iv. Cyakabiri-Misizi Asphalt Road. (2.47km) 2) Standalone drains identified by the district including Kibirigi drain (0.07km), Merry Rene drain (0.14km), Plateau Gahogo Cell drain (0.1km), RRA exit drain (0.22km), total length 0.530km. A preliminary assessment conducted for purposes of preparing the inception report for this RAP study (evaluation of detailed designs of proposed infrastructure sub components followed a reconnaissance of the project areas) established that only the road subcomponents would require acquisition of land to pave way for project implementation. Detailed designs for proposed footpaths and stand-alone drains did not require extra land to be expropriated leading to involuntary resettlement. This mainly because the design of the drains and footpaths fit within available natural drainage course ways and walkways respectively. As a result, the scope of prepared RAP report for Muhanga city RUDP phase 2 provides assessment of resultant involuntary resettlement impacts for the 4 roads. Proposed Project Roads RUDP phase 2 feasibility study proposed 7 road development options for consideration. The options differed in terms of provided carriageway and supportive road trunk infrastructure. Main trunk infrastructure components for the roads in this context includes but not limited to Muhanga city RAP Report Final xv November 2019 bus bays/bus-stops, curbs, greening space, street lighting, non-motorised transport (NMT) facilities (sidewalks and cycle lanes) drainage facilities, cut/embankment slopes and space for utility services depending on available Right –of-Way. From the 7 road development options proposed in the feasibility study phase, three options (1, 4 & 5) were recommended for implementation under RUDP phase 2 project. From the foregoing, prepared Resettlement Action Plan for Muhanga city RUDP phase 2 incorporate assessment of the three broad road corridors for implementation herein after referred as: option 1(13m); option 4 (11m) and option 5 (8m); widest to narrowest road corridors respectively. Design of the road options was undertaken during the feasibility study phase while assessment of impacts was undertaken during the preliminary RAP studies. The rationale behind this consideration was to compare the three options in terms of envisaged expropriation costs and resettlement impacts. The two parameters were key in selecting the most appropriate road corridor to be implemented in a given road. For purposes of selecting road corridors to be implemented in the (4) project roads, a preliminary RAP study was undertaken to identify probable number of affected land parcels that would be affected by expropriation including assets thereon, extent of affected land parcel that will be acquired (partial or entire land parcel), land use of properties to be expropriation ( to determine probable economic impacts including livelihood losses) and estimated cost of expropriation of affected parcels for each road corridor under study. Table 2-1 & 2-2 provides a summary of probable resettlement & expropriation impacts of selected project corridors according to preliminary census and valuation undertaken for proposed road corridors (8m, 11m & 14m) in Muhanga city. In a nutshell, it was established that if the 14m corridor would be selected for implementation in all the 3 project roads, 233 properties would have to be expropriated while 11m and 8m corridors would see 189 and 85 proprieties expropriated respectively. In terms of direct expropriation costs without taking consideration for livelihood restoration costs and administrative implementation costs the widest road corridor (13m) has the highest expropriation costs (6,265,941,139.99 RWF) while the narrowest 8m corridor has the lowest expropriation costs (509,503,870.71 RWF). Taking into consideration proposed roads classes in terms of classification, traffic demand forecast, opportunity costs of implementing a given corridor (from a set of available options 8m, 11m or 13m), using probable resettlement impacts and expropriation costs as the yardstick, blanket implementation of one road option (5) 8m corridor for all the roads in the city was considered viable as selected project roads have the same characteristics as they are all situated within the urban core of the city. In comparison, there was a marginal difference between 11m & 8m corridor in terms of resettlement impacts. However, 14m corridor significantly affected a number of structures thus had notable high resettlement impacts. Considering the low expropriation costs due to relatively cheaper land and few structures affected (mostly boundary walls only), 8m corridor was considered for implementation. From the foregoing, Muhanga district administration in consultation with Local Administrative Development Entities Authority (LODA) and the Ministry of Infrastructure acting as Muhanga city RAP Report Final xvi November 2019 coordination and supervision agencies settled on one road corridor (8m corridor) for all the roads in terms of design that would be implemented in selected project roads; Table E-1: Land Requirement for RUDP phase 2 in Muhanga Secondary City Road Name Road Length No. of land parcels to Aggregate Size of land (km) be Expropriated Acquired (M2) Nyabisindu- CAF 1.25 19 3,377.86 Isonga Asphalt Road ICK-ADEPER- 1.1 33 370.00 Methodist Church Asphalt Road and Connection ICK-ADEPER 0.9 4 1,322.50 Ruvumera- Nyabisindu Asphalt Road Cyakabiri-Misizi 2.47 11 Asphalt Road. 7,981.74 TOTAL 5.72 67 13,052.1 Key Issues and Responses from PAP Engagement The following stakeholder’s engagement forums were conducted at different stages of preparation of the ARAP; • Sensitization workshop meeting (2), • Census & Door to Door Interviews during the social economic survey, • Key informants’ interview with PAIs and service providers (4) • Focus Group Discussions (2) - One for women and the other youth • Validation Workshop (1) Cut-off Date was based on the dates of the census program. Sensitization on cut-off dates was done during the public meetings. The cut-off date for Muhanga city was set as 27th, May, 2019, which marked the end of census for Muhanga city. Forums used in setting and communicating cut off dates to PAPs including dates when these forums were held is presented in detail in chapter 5 of this report. Similarly, outcomes of these stakeholder engagement are presented in detail in chapter 5. In a nutshell the following issues of concern were raised by the PAPs in these consultation forums; • The compensation process that would be followed in RUDP phase 2. • Employment opportunities during the project construction phase. The PAPs wished to be given first priority. • The PAPs were concerned of some of the negative project impacts especially during the construction phase such as compromise of houses stability due to cracks occasioned by vibration from heavy machinery, dust emissions that may pose health risks. Muhanga city RAP Report Final xvii November 2019 • The valuation methodology that would be employed under RUDP phase 2. The PAPs were concerned about their crops and trees because they thought that they will not be compensated • Some PAPs were concerned about their children safety if they are so close to the roads boundaries. All these questions/concerns were addressed through sensitization and some suggestions were picked up as recommendations to the project proponent or as guidelines for preparing a comprehensive and stakeholder supportive entitlement matrix. Ultimately all raised concerns were addressed to the satisfaction of all PAPs. (Table 5- 2: Issue Response Matrix). Muhanga city RAP Report Final xviii November 2019 Table E-2: Key findings from Census and Baseline Survey 1. INFORMAL BUSINESS TRADERS Majority of the PAPs (43) were operating along the roads. Three Categories; 1st Category; Small scale traders selling fresh farm produce like fruits and vegetables. These traders had no structures of any sort (makeshift or movable), they were mostly selling from large basins, sacks or simply lay their wares on the ground. 2nd Category: Traders who had easily movable business shelters like large umbrellas and stools for airtime vendors or handcarts. They align themselves strategically along the roads with high Origin-Destination traffic especially pedestrian e.g. to places of worship, schools, market or shopping centres etc. 3rd Category: located along the project roads and had some form of makeshift structures for daily businesses or somehow operated from the same location even without any business premises every business day 2. AFFECTED PROPERTIES Break Down of Affected Assets (Land, Structures and Crops) Road Corridor Road Name Affected Properties No. of affected Assets No. Of Property (Land & Crops) Assets (Land and Structures 8m Cyakabiri-Misizi Asphalt 54 40 21 Road. Nyabisindu- CAF Isonga 34 9 33 Asphalt Road ICK-ADEPER-Methodist 5 2 5 Church Asphalt Road and Connection ICK-ADEPER Ruvumera- 13 7 11 Nyabisindu Asphalt Road Total 106 58 70 3. DISPLACEMENT IMPACTS Road Corridor Road Name Partially Affected Properties Fully Affected Properties (Full Expropriation) (Partial Expropriation) Muhanga city RAP Report Final xix November 2019 8m Cyakabiri-Misizi Asphalt 40 14 Road. Nyabisindu- CAF Isonga 16 18 Asphalt Road ICK-ADEPER-Methodist 4 1 Church Asphalt Road and Connection ICK-ADEPER Ruvumera- 5 8 Nyabisindu Asphalt Road Total 65 41 4. LAND USE OF AFFECTED PROPERTIES Road Corridor Road Name Residential Commercial Public Purpose and Educational 8m corridor Cyakabiri-Misizi 12 7 1 Asphalt Road. Nyabisindu- CAF 14 19 0 Isonga Asphalt Road ICK-ADEPER- 3 1 1 Methodist Church Asphalt Road and Connection ICK-ADEPER 9 2 0 Ruvumera-Nyabisindu Asphalt Road Total 38 29 2 Muhanga city RAP Report Final xx November 2019 ❖ The project will result in the relocation or temporary interferences of some public services/ utilities. Affected public services/ utilities providers in the project include; Telecommunications companies, REG (Rwanda energy group), WASAC (water and sanitation corporation). Towards this end, the project has set aside a budget for relocation and repair of any damaged public service lines or utilities during the implementation phase of this project. (Refer to Table 6-6: Public Utilities and Services Relocation Action Plan) ❖ Thirty-four (34) out of seventy-two (72) informal business PAPs were women while the fifteen (15) of the sixty seven (67) properties that would expropriated are owned by women or jointly owned by a married couple. ❖ Eleven (14) informal PAPs are bound to loss some livelihood as they will lose their trading spaces. (Refer to chapter 4 and 6 for livelihood analysis and livelihood restoration plan respectively). ❖ Two (2) vulnerable PAHs were identified along Ruvumera-Methodist-Nyabisindu within Nyamabuye sector, Gahogo cell, Kamugina Village (refer to chapter 3 for criteria used to determine vulnerability and chapter 4 supplementary resettlement assistance planned for the vulnerable household) Muhanga city RAP Report Final xxi November 2019 Mitigation of Project Implementation Impacts Based on identified project impacts and PAPs losses, the following entitlements are provided for this project to address the impacts and losses to PAPs. Table E-3: Entitlement Matrix. S/ Type of Loss Unit of Entitlements N Entitlemen t A. Loss of Residential / Commercial / Institutional Land A1 Partial loss of land but Title • Cash compensation at full residual is viable Holder replacement cost. economically enough • A 5% Disturbance allowance Tenant / • Advance notice to vacate Lease Holder A2 Entire loss of land or partial Title • Cash compensation for loss where residual is not Holder entire land holding at full viable replacement cost (Acquire all lands if the residual land is not • 5% Disturbance allowance economically viable for the replacement cost owner.) Tenant / • Advance notice to vacate Lease Holder B. Loss of Residential and Non-Residential Structures (Including “business premises’’) B1 Fully affected / partially Owner • Compensation for the affected and remaining structure at full structure is non-viable (Owner replacement cost Built) • 5% Disturbance allowance (to cater for demolition, moving fee etc. or economic loss in case of a business premise) • Right to salvage material; • Advance notice to vacate. Muhanga city RAP Report Final xxii November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t B2 Loss of occupied portion Tenant and • Incorporated into formal informal trading areas business tenants • Six (6) months paid rent for the new trading area. • Advance notice to vacate in accordance with the tenancy agreement; • Re-imbursement of remaining worth of deposit on rent and good will C. Loss of Standing Tree Crops C1 Tree All • Compensation at full Cultivators replacement cost for any non-food trees, shrubs / permanent grass based on economic value for tree and vegetation. D. Loss of Livelihood D1 Land based livelihoods; Agri- • Physical preparation of the business farm land (clearing, Farmer levelling, creating access routes and soil stabilization • Fencing for pasture or crop land • Agricultural inputs (seeds, seedlings, fertilizer) • Government Extension services like veterinary care D2 Wage based livelihoods Workers/e • On-Job-Training and mployees consideration in Muhanga of affected RUDP phase 2. entities Muhanga city RAP Report Final xxiii November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t • Provision made in contracts with project subcontractors for employment of qualified local workers • Link up with local NGOs and government entities providing small-scale credit facilities to finance star up enterprises D3 Enterprise-based livelihoods Affected • Sponsored Established entrepreneurship training and nascent in business planning, entrepreneu marketing, inventory and rs and quality control) artisans • Procuring goods and services for the project from affected local suppliers. E. Assistance to Vulnerable Groups E1 Special assistance for Highly • Assistance to move vulnerable households or vulnerable persons households (Elderly living alone, disabled, or Child headed households ) Highly • Priority consideration for vulnerable non-skill Labour in households Muhanga RUDP phase 2. (low literacy level and Muhanga city RAP Report Final xxiv November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t limited ability to qualify for employmen t and low income) Highly • Facilitation of government vulnerable provided medical services households or insurance of free (pre- medical cover. existing medical condition and low income) F. Impact on Public Utilities Relocation of utilities Telecommu • Redesigning, relocation nications and prompt repair of companies damaged utilities or service lines within project REG costs as per contractor’s (Rwanda terms of service. energy o The relocation and group) repair will be done by the project WASAC contractor(s) in F1 (water and collaboration with sanitation the service corporation providers progressively depending on how works progress on the ground • Provision of common service ducts on the roads way leaves Temporary Interferences of • 3 to 4 months’ notice to F2 service provision relocate the services Muhanga city RAP Report Final xxv November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t • Measures taken to ensure minimum service disruption Proposed Implementation Arrangements The report was prepared and submitted to the Bank three months after the end of compensation payment by the Muhanga District, together with SPIU. The RAP implementation report includes (but not be limited to) the following information: • A six months (6months) implementation schedule (A/RAP preparation, valuation of affected asserts, disclosure of A/RAP, disbursement of compensation by Rusizi district administration, and clearance of Right of Way by PAPs/contractor); • A 3- tier grievance redress mechanism; Socio-economic Surveys- Grievance Resolution Committees, Resettlement and Compensation - Grievance Resolution Committees (access to District Land Committee for arbitration if the committee fails to solve arising dispute(s) if the later fails also access to a competent court for law final decision provided) & Project implementation Grievances Resolution Committee. The main principle of establishing 3- tier grievance redress mechanism is to allow for alternative dispute resolution thus avoiding lengthy litigation processes for the good of the PAPs and the Project. • A monitoring and evaluation framework that has provisions for both internal and external monitoring processes; • The RAP implementation budget and implementation schedule are as indicated in table E4 & E5 overleaf. Muhanga city RAP Report Final xxvi November 2019 Table E-4: RAP Implementation Budget for Muhanga Secondary City No. of land Value of Land Value of Crops Buildings value Total Additional Total ROAD parcels to be (RWF) (RWF) (RWF) Expropriation at 5%Disturbance expropriation expropriated full Replacement allowance (RWF) Cost (RWF) Cost Nyabisindu- CAF Isonga Asphalt Road 19 20,267,160.00 2,100,916.40 236441528.303 258,809,604.70 12940480.235 271,750,084.94 ICK-ADEPER- Methodist Church 33 2,220,000.00 40,182,941.45 Asphalt Road and 43,500.00 37919441.446 2009147.072 42,192,088.52 Connection ICK-ADEPER Ruvumera- 4 4478400.000 1179718.200 46826976.79 Nyabisindu Asphalt 41168858.587 2341348.839 49,168,325.63 Road Cyakabiri-Misizi Asphalt Road. 11 24,665,220 13,683,077 143,989,540 182,337,837 9,142,732 191,480,569 SUB-TOTALS 67 26,965,560.00 3,324,134.60 315,529,828.3 528,157,359.94 17,290,976.15 554591068.1 20% Contingency Budget 110,918,213.6 Total Expropriation cost 665,509,281.7 Costs of Restoring Livelihood Loss 2,460,000 Cost of Relocating Utilities 101,000,000 GRC Operationalization Budget 3,220,0000 M & E (The proposed M&E mechanism is internal; it will be done by existing staff from LODA SPIU and District) Nil RAP Implementation Budget Muhanga city RAP Report Final xxvii November 2019 Table E-5: RAP Implementation schedule. Calendar Year 2019 2020 Time in months 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 Working Group / Task Team Set-up 2 Road Reserve Confirmation Survey & demarcation 3 Public Notice of the intention to carry out RAP study 4 Asset Inventory / Evaluation 5 Validation & Agreement with PAPs 6 Disclosure of the RAP 7 Implementation of Compensations & Land Title Transfer 8 Clearance of Road Reserve (Demolition & Levelling) 9 Grievance Redress 10 Monitoring and Supervision (Quarterly Report to LODA/GoR) Muhanga city RAP Report Final xxviii November 2019 1 INTRODUCTION 1.1 Background and Objectives 1.1.1 Project Background Infrastructure development is one of the pillars of Rwanda vision 2030 in which urban development and transport have been identified as some of the key drivers of the country’s transformation agenda. Towards this end, the government has prioritised development of trunk infrastructure through Rwanda Urban Development Project (RUDP) programme. The Government of Rwanda is implementing the programme (RUDP) with financing from the World Bank (WB) through the Local Administrative Development Entities Authority (LODA) under the ministry of infrastructure. The main objective of the RUDP is to provide trunk infrastructure through strategic identification, selection and implementation of the identified investments in six secondary cities; Musanze, Rubavu, Rusizi, Huye, Muhanga and Nyagatare in consultation with respective districts administrations. Development of aforesaid trunk infrastructure would promote urban development in the cities by improving access, mobility and integration of secondary support functions necessary for cohesive urban development. Several investment programmes were identified in the six secondary cities through a study conducted in 2016 under RUDP phase 1. Implementation of identified projects is complete. The district officials in the project cities have since identified current investment priorities that constitute RUDP phase two. The scope of Phase 2 of the RUDP covers extension of selected roads upgraded under phase 1, upgrading selected roads (not covered in phase 1) and upgrading of trunk infrastructure including prioritized standalone drainage channels across the 6 secondary cities. 1.1.2 Project Objectives The objective of the project is to improve access to basic infrastructure and services, build the capacity of districts for sustainable urban management, and spur local economic development in the City of Kigali (CoK) and 6 secondary cities (Muhanga, Rubavu, Rusizi, Huye, Nyagatare, and Musanze). Muhanga city RAP Report Final 1-1 November 2019 1.2 Authority of the Report The Government of Rwanda is implementing the programme RUDP phase 2 with financing from WB through LODA under the ministry of infrastructure. LODA screened proposed infrastructure developments within Muhanga city and in the other 5 secondary cities and found to meet the threshold of being subjected to WB polices: OP 4.01 on Environmental Assessment (EA); the WB OP 4.11 on Physical Cultural Resources (PCR); and WB OP 4.12 on involuntary displacement and resettlement because one of the major anticipated social impacts of the proposed project is displacement of persons along selected project corridors. From the foregoing, LODA commissioned the consultant (Joint venture between ECMN limited and ECOLEAD Consultants limited) to conduct Environmental and Social Impact Assessment on the Proposed Project as well as prepare Abbreviated Resettlement Action Plans (ARAPs) and/or Resettlement Action Plans (RAPs) Study to provide mitigation measures for the envisaged expropriation. The ESIA Report for RUDP phase 2 is presented as a separate report. This RAP has been prepared in compliance with the applicable laws of Rwanda and WB OP 4.12 - Involuntary Resettlement. In reference to the policy provisions of the World Bank, a full RAP is compulsory for Muhanga city since selected projects within the city will affect more than two hundred (200) persons albeit in different ways; displacement of people, partial demolition of their shelter/fixed assets including disruption of business activities and sources of livelihood and associated impacts. In the context of this study, this document is the Resettlement Action Plan for Rwanda Urban Development Project Phase 2 for Muhanga city. 1.3 Project Location Muhanga City is located 50 Km from Kigali City. Muhanga District is in Southern Province of Rwanda. Muhanga City is the District Headquarters of Muhanga District. The City is strategically located at the cross roads of Rwanda ‘s major roads connecting the district with the City of Huye in the South, and the City of Karongi in the west. Subsequent to implementation of phase 1 of RUDP, the Muhanga district administration identified the following investment priorities for Muhanga city to be implemented with financing from the World Bank under phase 2 of RUDP; 1. Cyakabiri-Misizi Asphalt Road (2.466km) 2. Gahogo Settlement-Asphalt Roads (4.824km), ICK standalone drainage (0.3km), street lighting and footpath 3. Ruvumera Settlement-Asphalt Roads, Standalone drainages, street lighting and footpath. Muhanga city RAP Report Final 1-2 November 2019 4. New standalone drains identified by the district during the validation workshop including Kibirigi drain (0.07km), Merry Rene drain (0.14km), Plateau Gahogo Cell drain (0.1km), RRA exit drain (0.22km), total length 0.530km. Figure 1.1 Overleaf shows Location map for Proposed Projects Figure 1-1: Local Map for Proposed Project. Source: RUDP Phase 2 - Muhanga City - FS&PD Report Volume 1. (See an A3 size location Map Annex 1) Muhanga city RAP Report Final 1-3 November 2019 1.4 Objectives of the Resettlement Action Plan study The objectives of the RAP study were as follows: • Identification of Project Affected Persons (PAPs); • Identification of land parcels to be acquired for development of project infrastructure; • Collection of qualitative and quantitative baseline socio-economic data of PAPs; • Establishment of entitlements of PAPs to compensation; • Collection of preferences for compensation; • Collection of comments and perceptions of the PAPs with regard to the project; • Development of a RAP Report. 1.5 Methodology The general approach used in the preparation of this RAP report involved a combination of the following: • Desktop Studies; • Site verification and assessment; • Sensitisation of Project Affected Persons; • Determination of the Socio-economic Profile of PAPs; • Land searches; • Valuation of land and assets. • Consultations, FGD and Survey. 1.5.1 Desktop Studies The following documents were reviewed: • Handbook for Preparing a Resettlement Action Plan • Rwanda policy framework. • Rwanda expropriation law. • World Bank policies. • District profiling document. • The third integrated household living condition (EICV3) by national institute of statistics of Rwanda. • World Bank’s OP 4.12 on involuntary resettlement. Muhanga city RAP Report Final 1-4 November 2019 1.5.2 Site Verification and Assessment Site visits for project site familiarization, demarcation of affected properties and social economic surveys were conducted from April to May 2019. The objective was to determine the magnitude and types of impacts associated with the project (Identify PAPs) and determine mechanisms of minimizing the magnitude of these impacts. 1.5.3 Sensitization of Project Affected Persons (a) Public Meetings PAPs sensitization workshop was held in Muhanga district on May 21st 2019. Due to heavy rains on the day of sensitization meeting which led to poor attendance by PAPs, a second sensitization meeting was held on the 25th, may 2019 during ‘UMUGANDA’ (the last Saturday of each month where all Rwanda citizens participate in community work in all villages of the country). Two PAPs sensitization meetings were held concurrently in Mbazi sector, Shyogwe sector and Nyamabuye sector. The PAPs were sensitized about the project and the probability of physical and economic displacement to allow for construction of Muhanga city projects under RUDP phase II. A cut -off date for eligibility was set during these meetings as indicated in section 1.6 over leaf. (b) Official letters Official communication letter from Muhanga district administration was sent on 3rd June. The letter was to inform the respective sector heads, decentralized offices and PAPs to prepare for planned socio-economic surveys and valuation of affected properties. This was for the purposes of facilitating expropriation. 1.5.4 Utility companies One on one meeting was held with service provider companies which included government companies and private companies. These companies provide vital amenities and services such as electricity, water, telecommunication services etc. that utilize the road reserves therefore meetings were held and official letters sent to inform them about the upcoming project. On these meetings, all the issues concerning companies’ utilities relocation was discussed. 1.5.5 Determination of the Socio-economic Profile of PAPs The socio-economic profile of PAPs was determined by the use individual information which was collected by the enumerators through one on one interviews, focussed group discussions and filling of questionnaires. Business people and households were interviewed and issued with questionnaires. Interviews were conducted in Kinyarwanda (Rwandan language). Questionnaires were filled in English by use of smart phones application (kobo collect). Muhanga city RAP Report Final 1-5 November 2019 •Businesses: business owners were interviewed where they were asked basic information on their socio-economics status and this included their education background, the income they get from their businesses, category, the expenses needed to conduct their businesses (taxes, loans, rent) and this information was assessed to determine their socio-economics profile of affected business operators. • Households: households were also interviewed. Questions on their socio- economic status; Household size, their health status, incomes and their houses details were also observed by enumerators. The data captured was assessed to determine the socio-economics profile of project affected households. Socio-economic profile of project affected persons is described in detail in chapter 4 of this report. 1.5.6 Preparation of the Land Acquisition Plan Land and Asset valuation commenced on 3rd, June, 2019 and was completed on 24th, July. The exercise entails valuing of Land and Assets (Trees, crops, buildings, structures, and enterprises frontages among others). The preliminary activities prior to the actual valuation included the following: • Preliminary meeting for briefing on the scope of work; • Demarcating Physical Boundaries, taking coordinates by using GPS to produce Maps for each road. This was done across all 6 cities concurrently • Taking basic data of each Property: o Measurement of the Buildings if there are any; o Valuation of Crops or Plants if there are any; • A physical inspection and identification of all the assets to collect the Census/inventory of all the persons making claim to the land, developments and crops/trees within the project affected area. o Collecting the Land Certificates of each Property; o Taking or Photographing (Passport Photos) the owner of each Property; o Collecting the ID of each Property’s owner 1.5.7 Land and Asset Valuation Eligibility for compensation and the compensation value of affected asserts in this project (RUDP phase 2) is guided by legal provisions and policy guidelines according to the Rwandan Constitution (Article 29), the Expropriation Law of Rwanda (N° 32/2015 of 11/06/2015) and the Bank’s operational policy, WB OP 4.12. These documents regulate and give entitlement to the affected persons and institutions as well as provide the methodology of calculating compensation values. Based on review and interpretation of laws relating to valuation in Rwanda in particular the Rwanda expropriation law and the constitution of Rwanda, the provisions in these key pieces of Muhanga city RAP Report Final 1-6 November 2019 legal statues and legislative frameworks do not meet the standard of compensation at full replacement cost. One of the key gaps identified is; whereas, WB OP 4.12 policy defines affected person(s) as ‘one using the land at the time, whether or not they have written customary or formal tenure rights’, Rwandan Expropriation Law on the other hand defines affected person(s) as ‘any person or a legally accepted association operating in the country who is to have his or her private property transferred due to public interest as well as legally accepted local administrative entities’. Form the foregoing, Rwandan laws have to be supplemented by additional measures as provided in the World Bank involuntary policy so as to meet the replacement cost standard. The use of replacement cost valuation method for valuing assets is recommended by World Bank operational policy 4.12. In this context, ‘Replacement Cost’ in relation to agricultural land earmarked to undergo expropriation under this project would be defined as the pre-project or pre-displacement, market value of land of equal productive potential or use located in the vicinity of the affected land, plus cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes whichever is higher. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure within an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials, to the construction site, plus the cost of any labour and contractors’ fees, plus the cost of any registration, building permit(s), and transfer taxes. In compliance with WB policy 4.12 policy provisions, “determination of aforesaid replacement cost”, would not take into account depreciation of the asset(s) and the value of salvaged materials. Similarly, the value of benefits to be derived from the project would not be deducted from cumulative value of the asset. The rates are a true reflection of the current market prices and are likely to prevail within the next six months. (a) Land Valuation Land market values for transit-oriented development or land along road corridors vary according to structural attributes, land uses, location, accessibility, aesthetics, trunk infrastructure and utilities, market forces of demand and supply, present and future potential (speculative values) among others. In Muhanga city, project roads transcend various zones within the city including the urban core (characterized by low- and high- density urban developments) and peri-urban areas (mostly agricultural with emerging urban developments). As a result, land values in the city are not the same and would therefore not be prorated with a standard cost per unit of measure (in this context cost Muhanga city RAP Report Final 1-7 November 2019 per m2). The following land values per (m2) based on prevailing market prices in Muhanga city were employed in computation of market value of land parcels earmarked to be expropriated. The values are road based according to village location considered to have equal locational advantages. Table 1-1: Land Values ROAD LAND RATE Nyabisindu- CAF Isonga Asphalt Road 6000 RWF 6000 RWF ICK-ADEPER-Methodist Church Asphalt Road and Connection 6000 RWF ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road Cyakabiri-Misizi Asphalt Road. 3000 RWF (b) Buildings/structures Structure replacement cost approach as described above was employed. Since affected structures have different typologies, utilize different material both in terms of type, quantity and quality and had different sizes, there was no prorated standard for structure replacement. In addition, ill-fated structures were not uniformly affected (some are partially affected whereas others are wholly affected or residual structures are not viable). From the foregoing each affected structure was individually assessed and replacement cost determined for either rebuilding a new structure of equal or better standard or full replacement cost for affected component of affected property(s) that would be partially expropriated. (c) Crops, plants and trees The value of crops, plants, trees and related improvements was determined by use of income capitalization approach. Under this approach, the income earning ability of the asset being valued was ascertained and capitalized using a market-driven discount rate for the remaining economic life of the asset. The productivity of each crop and the sale price per relevant unit of measurement was ascertained from discussions and review of records from marketing agents as per the guiding ministerial order. Trees which had reached maturity age were valued as mature trees. The Land and Asset Valuation Report is presented as Volume II of this Report. Muhanga city RAP Report Final 1-8 November 2019 1.6 Cut-Off Dates for Compensation Cut-off Date was based on the dates of the census program within the particular city. Sensitization on cut-off dates was set during the public meetings. The cut-off date for Muhanga was set for 27th, May, 2019, which marked the end of census for Muhanga City. Forums used in setting and communicating cut off dates to PAPs including dates when these forums were held is presented in detail in chapter 5 of this report. 1.7 Challenges Encountered During the Assignment. The study has experienced a number of challenges this include: • Muhanga urban core where the project roads are situated is densely developed. Surveys of affected homesteads and business was tedious due to the high number of PAPs. Enumerators were had to work from dawn to dusk for three days to cover all enumerators. • Muhanga city serves as a dormitory town of Kigali city hosting both employees and business persons who work in Kigali. As a result, most PAPs were not available for enumeration during the weekday. This necessitated surveys to be carried out on Sunday when most residents stay at home. • Some properties earmarked to undergo expropriation had conflicts at either intra- family level or inter household level. Most conflicts revolved around ownership tangles and boundary rows. Such conflicts were major impediments to smooth socio-economic and valuation exercises in Muhanga city. • Households’ incomes shared from the social economic survey were not accurate. Most respondents were sceptical when requested to indicate the average income of the household. The respondents thought the information would be shared with Rwanda Revenue authority for tax determination purposes. Despite assurances to the contrary assuring the PAPs of confidentiality of data shared, very few respondents shared information on household income and the few who shared gave incorrect figures. Income sources declared were not reflective of the PAPs economic status considering other aspects like housing and assets seen or owned in affected households" Muhanga city RAP Report Final 1-9 November 2019 2 PROJECT DESCRIPTION 2.1 RUDP Phase 2 Project Muhanga district administration identified the following infrastructure investment priorities for Muhanga secondary city to be implemented with financing from the World Bank under RUDP phase 2; Upgrading of selected roads (4) to asphalt standards, upgrading of trunk infrastructure including prioritized standalone drains and footpaths. In terms of administrative location, RUDP Phase 2 is entirely located in Muhanga Secondary City within lager Muhanga district and covers 2 sectors; Ngoma Sector, Mukura Sector and Tumba Sector; Nyamabuye and Shyogwe. 2.1.1 Selected Roads to be upgraded in RUDP phase 2 including link-up footpaths Under RUDP phase 2, Muhanga District is set to upgrade four roads with a cumulative total length of 5.72 Km or thereabouts. The roads have unnamed outfall footpaths. Selected project roads under this phase are; 1. Construction of Cyakabiri-Misizi Asphalt Road. – 2.47km 2. Upgrading of unplanned settlement in Ruvumera: Nyabisindu- CAF Isonga Asphalt Road- 1.25km 3. Upgrading of unplanned settlement in Ruvumera: ICK-Methodist Church Asphalt Road & Connections-1.1km 4. Upgrading of unplanned settlement in Ruvumera: ICK-ADEPER RUVUMERA-Nyabisindu Asphalt Road-0.9km Refer to RUDP phase 2 Roads location Map – Chapter 1 Project Descriptions Annexes; Anex 1 2.1.2 Stand-alone Drains and Outfall Drains The RUDP phase 2 investment priorities include stand-alone drains for upgrading of unplanned settlement in Ruvumera. These stand-alone drainages include Kibirigi drain (0.07km), Merry Rene drain (0.14km), plateau Gahogo cell drain (0.14km) and PRA exit drain (0.22km) totalling up to 0.53km. Muhanga city RAP Report Final 2-1 November 2019 2.2 RUDP Phase 2 Sub-Project Components 2.2.1 Proposed Project Roads RUDP phase 2 feasibility study proposed 7 road development options for consideration. The options differed in terms of provided carriageway and supportive road trunk infrastructure. Main trunk infrastructure components for the roads in this context includes but not limited to bus bays/bus-stops, curbs, greening space, street lighting, non-motorised transport (NMT) facilities (sidewalks and cycle lanes) drainage facilities, cut/embankment slopes and space for utility services depending on available Right –of- Way. From the 7 road development options proposed in the feasibility study phase, three options (1, 4 & 5) were recommended for implementation under RUDP phase 2 project. From the foregoing, prepared Resettlement Action Plan for Muhanga city RUDP phase 2 incorporate assessment of the three broad road corridors for implementation herein after referred as: option 1(14m); option 4 (11m) and option 5 (8m); widest to narrowest road corridors respectively. Design of the road options was undertaken during the feasibility study phase while assessment of impacts was undertaken during the preliminary RAP studies. The rationale behind this consideration was to compare the three options in terms of envisaged expropriation costs and resettlement impacts. The two parameters were key in selecting the most appropriate road corridor to be implemented in a given road. For roads implemented under phase 1 which will be extended under phase 2, the RoW acquired under phase 1 would be maintained for purposes of maintaining a seamless road corridor and a standard building line. Table 2-1 & 2-2 over leaf provides a summary of probable resettlement & expropriation impacts of selected project corridors according to preliminary census and valuation undertaken for proposed road corridors (8m, 11m & 14m) in Muhanga city. Table 2-1:Probable Resettlement Impacts of Proposed Road Corridors Muhanga city RAP Report Final 2-2 November 2019 1. AFFECTED PROPERTIES Break Down of Affected Assets (Land, Structures and Crops) Road Name NO. OF AFFECTED PROPERTY OWNERS NO. OF PROPERTY OWNERS WITH NO. OF PROPERTY OWNERS WITH AFFECTED AFFECTED CROPS STRUCTURES 14m 11m 8m 14m 11m 8m 14m 11m 8m Nyabisindu- CAF Isonga 67 56 34 24 9 49 33 Asphalt Road 33 67 ICK-ADEPER-Methodist 45 26 5 10 2 32 5 Church Asphalt Road and Connection 25 33 ICK-ADEPER Ruvumera- 54 53 13 36 7 37 11 Nyabisindu Asphalt Road 45 40 Cyakabiri-Misizi Asphalt 67 54 33 59 40 28 43 21 13 Road. TOTAL 233 189 85 162 110 46 183 139 62 2. DISPLACEMENT IMPACTS Partially Affected Properties & Fully Affected Properties Partially Affected Properties Fully Affected Properties (Full Expropriation) Road Name (Partial Expropriation) 14m 11m 8m 14m 11m 8m Nyabisindu- CAF 63 70 16 83 63 18 Isonga Asphalt Road ICK-ADEPER- 53 53 4 80 92 1 Methodist Church Asphalt Road and Connection Muhanga city RAP Report Final 2-3 November 2019 ICK-ADEPER 37 26 5 33 20 8 Ruvumera- Nyabisindu Asphalt Road 37 40 36 16 14 15 Cyakabiri-Misizi Road Total 190 189 65 212 189 41 3. LAND USE OF AFFECTED PROPERTIES Residential Road Name Commercial Public Purpose and Educational 14m 11m 8m 14m 11m 8m 14m 11m 8m Nyabisindu- CAF 73 52 14 27 26 19 4 2 0 Isonga Asphalt Road ICK-ADEPER- 54 23 3 33 16 1 2 2 1 Methodist Church Asphalt Road and Connection ICK-ADEPER 38 38 9 95 94 2 1 1 0 Ruvumera- Nyabisindu Asphalt Road Cyakabiri-Misizi 17 12 12 10 7 8 1 1 1 Road Total 182 125 38 165 143 30 8 6 2 Muhanga city RAP Report Final 2-4 November 2019 Table 2-2: Probable Expropriation Impacts of proposed Road Corridors Road Name 8m Corridor 11m Corridor 13m Corridor Land to be Total Land to be Total Land to be Total Expropriated Expropriation Expropriated Expropriation Expropriated (M2) Expropriation 2 (M ) cost (M2) cost cost (RWF) in 5% (RWF) in 5% (RWF) in 5% Disturbance Disturbance Disturbance Allowance Allowance Allowance Nyabisindu- CAF Isonga Asphalt Road 3,377.86 275,369,310.09 23,475.63 2,065,550,904.93 35,299.01 2,561,689,742.36 ICK-ADEPER- Methodist Church 9,105.59 21,240.55 1,905,622,061 Asphalt Road and 370 42,454,588.52 1,905,622,061 Connection ICK-ADEPER Ruvumera-Nyabisindu 6,874 1,673,579,591.33 15,093 1,673,579,591.33 Asphalt Road 120,798,129.10 1,322.50 Cyakabiri-Misizi Road 14,312.14 7,981.74 191,720,569.26 342,166,601.03 1,322.50 70,881,843 TOTAL 13,052.10 509,503,870.71 47,437 5,721,532,305.99 85,944.70 6,265,941,139.99 Muhanga city RAP Report Final 2-5 November 2019 From the assessments, during the preliminary RAP study, it was established that if the 14m corridor would be selected for implementation in all the 3 project roads, 233 properties would have to be expropriated while 11m and 8m corridors would see 189 and 85 proprieties expropriated respectively. In terms of direct expropriation costs without taking consideration for livelihood restoration costs and administrative implementation costs the widest road corridor (14m) has the highest expropriation costs (6,265,941,139.99 RWF) while the narrowest 8m corridor has the lowest expropriation costs (509,503,870.71 RWF). (a) Selection of Road Corridors to be implemented Taking into consideration proposed roads classes in terms of classification, traffic demand forecast, opportunity costs of implementing a given corridor (from a set of available corridors 8m, 11m or 13m), using probable resettlement impacts and expropriation costs as the yardstick, blanket implementation of one road option (5) 8m corridor for all the roads in the city was considered viable as selected project roads have the same characteristics as they are all situated within the urban core of the city. In comparison, there was a marginal difference between 11m & 8m corridor in terms of resettlement impacts. However, 14m corridor significantly affected a number of structures thus had notable high resettlement impacts. Considering the low expropriation costs due to relatively cheaper land and few structures affected (mostly boundary walls only), 8m corridor was considered for implementation. From the foregoing, Muhanga district administration in consultation with Local Administrative Development Entities Authority (LODA) and the Ministry of Infrastructure acting as coordination and supervision agencies settled on one road corridor (8m corridor) for all the roads in terms of design that would be implemented in selected project roads; (b) Selected Road Designs A typical cross section showing road design & trunk infrastructure provisions of the selected road corridor extracted from detailed designs of the roads is shown below. Figure 2.1 (8m) below & overleaf shows the typical cross-section consisting of 6m two- way carriageway width with covered 1 m drainage channel on one side and a walkway on the other side. The covered drainage couples up as walkway for pedestrians. Muhanga city RAP Report Final 2-6 November 2019 Figure 2-1: Implemented Road Cross-section. 2.2.2 Stand-alone Drains and Outfall Drains Designs. To come up with the most appropriate and effective drainage designs, in light of prevailing hydrological factors, detailed design consultant undertook a thorough hydrological analysis to inform hydraulic design and ideal storm drain inlets selection. Four major types of inlets; grate, curb opening combination and slotted were considered. Three storm inlet arrangements utilizing the above inlet types were considered as applicable for various options of road cross sections described hereinbefore. For the purposes of this study only the stand alone drain design features are presented separately. Trunk infrastructure design and provisions of the selected road corridor is incorporated in the road cross section designs. The Design features for the two main stand-alone drains as shown on table 2.1 below. Muhanga city RAP Report Final 2-7 November 2019 Table 2-3: Drainage Design Features Drainage Channel Drainage Design Features Ruvumera Settlement-Asphalt Rectangular covered masonry drains, width 0.6, Standalone drainage. depth 1.0m, total length 1.535km 6 no. road crossing locations with single barrel pipe culverts, 900mm dia. Gabion outfall structure, width 1.5m by depth 1.0m length 3.0m to marshland Kibirigi drain (0.07km), Merry Rectangular covered masonry drains, width 0.6m, Rene drain (0.14km), Plateau depth 1.0m total length 984m Gahogo Cell drain (0.1km) and 7No. road crossing locations with single barrel RRA exit drain (0.22km) pipe culverts, 900mm dia. Gabion outfall structure width 1.5m by depth 1.om length 3.0m to marshland. Covered standalone drains also act as footpaths for accessing downhill homesteads. 2.3 Project Components Necessitating Involuntary Resettlement 2.3.1 Overview This section is an exposition of the involuntary resettlement in Muhanga secondary city to pave way for implementation of RUDP phase 2. It outlines the land requirements and the impacts of land expropriation. The section further describes the process/methodology used to minimize aforesaid resettlement impacts. 2.3.2 Land Requirement The project has the following project sub components; • Selected street Roads alongside supportive trunk infrastructure. • Selected Footpaths and • Selected Stand-alone drains. However, the technical designs for selected footpaths and selected stand-alone drains sub-projects does not require expropriation leading to either involuntary resettlement or voluntary land donation. This mainly because the design of the drains and footpaths fit within available natural drainage course ways and walkways respectively. As a result, the scope of prepared RAP report for Muhanga city RUDP phase 2 incorporates assessment of resultant involuntary resettlement impacts for the 4 roads; Muhanga city RAP Report Final 2-8 November 2019 The affected land parcels were identified based on the route outline of the proposed RoW (8m wide) superimposed on top of existing road to be upgraded. In areas where the RoW spills over to adjacent plot boundaries as delineated in the official records held by the Government of Rwanda, the extent of infringement was earmarked to be acquired. A ground truthing exercise was then carried out during the valuation exercise. The following steps were flowed during the ground truthing exercise to determine the size of land that would be acquired to pave way for proposed project implementation. • Survey and pegging of actual affected area on the ground by the project surveyor based on the final approved road corridor alignment within earmarked land strip set to be expropriated. Setting up of beacons for all affected parcels was done at this stage to confirm actual extent of land take for each parcel affected by the project;  Demarcating physical boundaries  Numbering of each property to allow easy identification of the property, the owner(s) and location of each property  Taking of basic data of each affected property • Photography; taking passport photos for each property earmarked for expropriation • Collection and collation copies of identification documents of each property owner alongside the land certificates for these properties. • Survey and pegging of actual affected land on each property took into consideration areas measured on the respective land certificates. For properties with no land certificates, measurement of the subject land was be done using GPS. • Preparation of confirmed land and asset inventory for all project affected properties; • Valuation of affected land parcels • Update of PAP contacts database where necessary. A total of 13,052.1 m2 which translates to 3.225 acres was earmarked to be acquired in Muhanga secondary city. Aggregate strip of land that would be acquired along Cyakabiri-Misizi Asphalt Road. measures about 7,981.74 m2 or thereabouts; Nyabisindu- CAF Isonga Asphalt Road - 3,377.86 m2. 370 m2 and 1,322.50 m2 would be expropriated along Roads ICK-ADEPER-Methodist Church Asphalt Road and Connection and ICK- ADEPER Ruvumera-Nyabisindu Asphalt Road respectively. To mitigate against loss of land and assets thereon, the entitlement matrix proposes compensation of lost assets at full replacement cost. The table 2-4 below summarises land acquired per road. Muhanga city RAP Report Final 2-9 November 2019 Table 2-4: Land requirement for RUDP phase 2 in Muhanga Secondary City Road Name Road Length (km) Size of land Acquired (M2) Nyabisindu- CAF Isonga 1.25 3,377.86 Asphalt Road ICK-ADEPER-Methodist 1.1 370.00 Church Asphalt Road and Connection ICK-ADEPER 0.9 1,322.50 Ruvumera-Nyabisindu Asphalt Road Cyakabiri-Misizi Asphalt 2.47 Road. 7,981.74 TOTAL 5.72 13,052.1 2.3.3 Impacts of Land Expropriation Table 2-5:Land Acquisition Impacts for RUDP phase 2 in Muhanga Secondary City Road Value of Land Value of affected Assets Structures Crops Nyabisindu- CAF Isonga Asphalt 20,267,160.00 236441528.303 2,100,916.40 Road ICK-ADEPER-Methodist Church 2,220,000.00 37919441.446 43,500.00 Asphalt Road and Connection ICK-ADEPER Ruvumera- 4478400.000 41168858.587 1179718.200 Nyabisindu Asphalt Road Cyakabiri-Misizi Asphalt Road. 24,665,220 143,989,540 13,683,077 Total 26,965,560.00 315,529,828.3 3,324,134.60 The total cost of expropriation (excluding livelihood restoration plan and project administrative costs) for Nyabisindu- CAF Isonga Asphalt Road is 271,750,084.94 RWF; 42,192,088.52 RWF for ICK-ADEPER-Methodist Church Asphalt Road and Connection; 49,168,325.63 RWF for ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road and 191,480,569 RWF for Cyakabiri-Misizi Asphalt Road. The total expropriation for each road is inclusive of the 5% allowance which caters for disturbance and economic losses. Resettlement impacts and corresponding mitigation measures are analysed in detail in chapter 6 of this report. Muhanga city RAP Report Final 2-10 November 2019 2.3.4 Measures Taken to Reduce Resettlement Impacts The project design team ensured that the designs had minimal impacts in terms of land taken and loss of assets by utilizing the existing Right of Way (RoW) as far as is feasible. Selected road corridor for implementation was informed by assessment of road characteristics. Low resettlement impacts and ease of impact mitigation were key in the final selection of the project roads in terms of width. In addition, the following measures were undertaken to reduce resettlement; ✓ To reduce expropriation costs, the centreline of the roads was shifted so that highly valuable properties are not or are least affected compared to relatively cheaper properties. This was only possible in situations where there was no limiting engineering design limitations such as embankments with a gradient of more than 60° ✓ To reduce resettlement, the centreline was also shifted from the most densely built up side to a relatively less densely built up area. This was possible when there was no significant difference in property values on either side of the road corridor. ✓ To avoid making the project contentious or susceptible to rejection, the centreline was rerouted to avoid affecting sensitive historical and socio-cultural sites such as memorial sites, public cemeteries among other sensitive communal and historical entities. Muhanga city RAP Report Final 2-11 November 2019 3 POLICY LEGAL AND REGULATORY FRAMEWORK 3.1 Introduction The RAP for the proposed project applied the laws, legislation, regulations, and local rules governing the use of land and other assets in Rwanda. This legal framework covers various aspects concerning RAP and includes: • Social, political, economy and governance in Rwanda; • Property and land rights, as defined by Rwanda law; • Acquisition of land and other assets, including regulations over the buying and selling of these assets; • Rights and compensation, in particular, the accepted norms influencing peoples’ basic rights to livelihood and social services; • Dispute resolution and grievance mechanisms, specifically the legal and institutional arrangements for filing grievances or complaints and how those grievances are addressed through formal and informal systems of dispute resolution; • Legally mandated institutions, agencies associated with legal instruments governing land use and management. Muhanga city RAP Report Final 3-1 November 2019 3.2 Rwanda Policy Framework Table 3-1: Policy Framework. Policy Functions and Provisions Instrument Foundation for sustainable urban and regional development in Rural Rwanda and seeks to address the key issues faced due to Settlement urbanization pressures in the country. It is aligned with the key Sector national strategies of Rwanda related to economic development, Strategic human development and environment. Key objective of the strategic Plan plan is to ensure that development planning policies and processes (2013 – are fully functional at local government level through clear 2018) guidelines and regulatory frameworks, and putting in place defined roles and responsibilities for the various stakeholders. Special focus is reserved for the harmonization of the development plans at various levels, strengthening coordination of different agencies involved in the sector, revitalizing the role of private sector in service delivery and investment, comprehensively addressing cross-cutting themes such as, capacity building, regional integration, environment and climate change, social inclusion etc., through their inclusion within the unified urban and rural development sector, fostering community participation in the urbanization process, strengthening financial management at local government level for budgeting and preparing capital improvement plans urban projects; and operationalize monitoring and evaluation of implementation efforts to check compliance with sectoral targets. National The National Poverty Reduction Strategy identifies the Poverty transformation of the subsistence agriculture, into a modernized Reduction agriculture, which is market oriented as one of the priority sectors. Strategy Other priority areas include human development which covers the actions of improving living conditions of the poor, economic infrastructure, governance, development of the private sector and the institutional reinforcement which includes transport sector. District District Development Plans are aligned to EDPRS II, which is Development contributing to its implementation and consequently to the revised Plans (DDP) Vision 2020 targets. The aim and purpose of the District Development Plans is to create a platform for Districts to reflect on the past achievements and potentials and to come up with the priorities that will drive the development of district for the next five years and to meet the social economic development and needs of the population without contradicting with the national priorities. This project is in line with the DDP priority in promoting urbanization and facilitating access to basic infrastructure. Muhanga city RAP Report Final 3-2 November 2019 All 30 districts have local urban development plans for portions of their main urban areas. Detailed physical plans are under various stages of preparation or finalization to support urban land management. National Housing Specifies the roles of agencies delivering housing to a range of Policy income groups National Guides urban coordination, densification, conviviality (i.e. quality Urbanization of life) and economic growth (off‐farm employment) through the Policy Rwanda Spatial Development Framework (2016) Table 3-2: Legislative Framework. Legislative Functions and Provisions Instrument The Constitution of the Republic of Rwanda as promulgated in The 2003 makes clear the requirement for equitable and participatory Constitution development for all citizens of the country, and makes quality and of the healthy environment as a basic right with every citizen required to Republic of protect, safeguard and promote a healthy environment. In this Rwanda, 2003 regard there are principally two articles among other provisions that relates to this study: o Article 45 of the constitution states that all citizens have the right to participate in government of the country, whether o directly or through freely chosen representatives in accordance with the law. All citizens have the right of equal access to public service e.g. Roads in accordance with their competence and abilities. o Article 49 states that every citizen is entitled to a healthy and satisfying environment. Every person has the duty to protect, safeguard and promote the environment. The state shall protect the environment. The law determines the modalities for protecting, safeguarding and promoting the environment. Ministerial The innovation intends to increase safety in the urban planning and Order construction industry and it has systemically rolled out across the N°04/Cab. country to benefit all the people living in Rwanda. This crucial M/015 activity will help to bring about augmented accessibility to more of18/05/2015 inhabitable and safer human settlements and thus better determining livelihoods. urban planning and The Urban Planning Code provides urban planning principles that building include: Muhanga city RAP Report Final 3-3 November 2019 regulations as 1. criteria of defining urban centers; per the 2. basic public infrastructures; Official 3. objectives and requirements of site development; Gazette 4. objectives and requirements for land subdivision, plot nᵒ20bis of 5. restructuring and re-plotting; 18/05/2015. 6. plot development parameters based on zoning principles; Article 4: 7. categorization of urban land use; 8. neighborhood design principles; 9. traffic circulation principles; 10. land requirements for urban roads and efficient mobility; 11. transport planning and transport terminals, 12. Pedestrian’s circulation and safety planning; 13. parking; 14. water supply planning; 15. storm-water and erosion control planning and 16. management; 17. planning of solid and liquid waste treatment; 18. standards and procedures for urban upgrading; 19. guidelines to implement urban planning document Minimum infrastructure standards The following minimum standards apply to infrastructure in upgraded neighborhood: 1. Every plot shall be accessible by at least a footpath. 2. There shall be a Secondary, Local Distributor Road, or an 3. Access Road within 500 m. 4. Every road shall be accompanied by properly dimensioned 5. storm water channels. 6. Every household shall undertake proper evacuation of solid 7. and liquid waste. 8. Every household shall undertake measures for the proper 9. control of erosion from storm water and liquid waste. 10. The electricity provider shall be responsible for the safety in 11. areas of electricity cable networks. No open wiring and 12. underground placement of cables shall be allowed. 13. Sewers must be protected in a way safe for passer-byes and 14. particularly children during storm water flushes. Safe 15. bridging passage ways shall be provided following the 16. course of footpaths. 17. Civil engineers and urban planners responsible for the 18. elaboration of the Specific Land Development Plan may 19. propose to the District to waive the standard width 20. recommendations for access roads and accompanying uses 21. following a road where there is insufficient space or the Muhanga city RAP Report Final 3-4 November 2019 22. intervention would cause unjustifiable displacement. Minimum access to infrastructure and facilities Service / Maximum Catchment Location facility travel population distance Public 80m 250 Neighbourhood toilet Potable 250m 2000 Neighbourhood water centre access point Solid Waste Disposal Point Motorcycle 500m 5000 Neighbourhood taxi centre access point Minibus stop Access to vehicular road Public 1km 5000 Neighbourhood toilet centre City bus stop Every site proposed for human settlement must at least be serviced Article 5: with the following facilities: Human ✓ health care facilities; settlement ✓ schools; areas servicing ✓ civic centers; principles ✓ recreational centers; ✓ basic economic infrastructure Article 9: Every site proposed for urban neighborhood development must be Urban utility serviced at least with the following basic utilities: servicing ✓ clean water, sanitation and storm water management; ✓ energy supply; Muhanga city RAP Report Final 3-5 November 2019 ✓ liquid and solid waste management; ✓ access and transport infrastructure; ✓ information communication technology. Article 10: Water Any water body and water supply networks must be protected from protection any urban planning and building activity which may have a polluting effect on the quality of water and water catchment areas. The quality of water in the supply network shall be regularly monitored by the competent authority. The Urban Planning Code provides for criteria of preservation of the quality of water. Article 14: The Urban Planning Code provides for traffic and transport Traffic and planning requirements. transport Traffic and transport planning must aim at: planning ✓ integration of transport infrastructure with urban land use ✓ planning; ✓ integrate transport network for urban access; ✓ provision of public transport services and facilities; ✓ provision of parking and service delivery space; ✓ facilitation and increase of pedestrian and cyclists ✓ movement; ✓ environmental compliance. Article 17: The purpose of this Code is to establish minimum requirements to Building safeguard public health, safety and general welfare by regulating materials and controlling the design, construction, quality of materials, sanitation, lighting and ventilation, energy conservation, safety to life and property from fire and other hazards attributed to the built environment, use and occupancy, location and maintenance of all the concerned buildings and structures in Rwanda. The use of locally produced building materials that do not compromise the natural ecosystem and which use the least energy for their production and transport must be emphasized in accordance with the Building Code. Law on The Law on Environment Protection sets the modalities for Environmental protection, conservation and promotion of the environment in Protection – Rwanda. The law gives right to every natural or legal person in Muhanga city RAP Report Final 3-6 November 2019 Organic Law Rwanda to live in a healthy and balanced environment while nº 08/2005 of obligating each and every citizen to contribute individually or 08/04/2005 collectively to safeguard country‘s natural, historical and sociocultural heritage. The framework of the law on the protection and management of natural resources centers on avoiding and reducing the disastrous consequences on environment. It measures result from an environmental evaluation of policies, programs and projects, aimed at preventing the consequences of such activities. It provides for a right to a healthy and productive life in harmony with nature and to equitably meet the needs of the present and future generation in infrastructure development e.g. upgrading of roads and construction of drainage channels. Ministerial This law sets the boundary for development and settlement Order activities next to water bodies. This Order aims at setting aside the determining length of land on shores of lakes and rivers affected in the public the length of domain for environmental protection. The land within a distance of land on shores fifty (50) meters from the lakeshore is public property. The land of lakes and within a distance of ten (10) and five (5) meters from the shore of rivers big rivers and small rivers respectively is public property. transferred to public The length set is calculated beginning from the furthest line property - N° reached by water depending on successive flooding record; and 007/16.01 of such land is statutorily regarded as a protected area and not is 15/07/2010 allowed to erect private property on such land. The only activities aimed at protecting the water bodies are permitted in these protected areas. Specifically, the following are protected: dumping solid wastes; and dumping liquid wastes. Additional relevant laws in ensuring environmental quality and sustainable resource utilization in regards to the proposed subprojects include: o Law and statutory guidelines on Environmental Impact o Assessment o The Law on Waste Management o The Law on Protection against Environmental Noise o The Law on natural water resources and discharges/effluents o The Law and guidelines on Occupational Safety and Health o Law N° 43/2013 of 16/06/2013 governing land in Rwanda o Law N° 13/2014 of 20/05/2014 on mining and quarry Muhanga city RAP Report Final 3-7 November 2019 o operations o Law Nº47bis/2013 of 28/06/2013determining the o management and utilization of forests in Rwanda o Ministerial Order N° 001/16.01 of 03/01/2012 on explosives o used in mining, quarrying and infrastructure activities o Law N°55/2011 of 14/12/2011governing roads in Rwanda o Ministerial Order No008/MINIRENA/2015 of 18/06/2015 o establishing a list of protected trees o Law N° 32/2015 of 11/06/2015 relating to expropriation in o the public interest o Law N° 70/2013 of 02/09/2013 governing biodiversity in o Rwanda o Ministerial Order N°003/16.01 of 15/07/2010 preventing o activities that pollute the atmosphere o Prime Minister‘s Instructions N° 005/03 of 27/12/2013 o preventing air o pollution caused by vehicular emissions and machines using o petroleum o products in Rwanda Law N° 32/2015 of The Expropriation Law provides for public dissemination on the 11/06/2015 importance of the project to be established and the need for Relating expropriation. Article 12 of the Expropriation to Expropriation Law stipulates that the relevant Land Committee, after receiving in the request for expropriation, shall examine the basis of that project the Public proposal. In case it approves the basis of the project proposal, the Interest relevant Land Committee shall request, in writing, the District authorities concerned to convene a consultative meeting of the population where the land is located, at least within a period of thirty (30) days after receipt of the application for expropriation, and indicating the date, time and the venue where the meeting is to be held. The relevant Land Committee shall take a decision within a period of at least fifteen (15) days after the consultative meeting with the population. Article 3 stipulates that it is only the Government that shall order expropriation in the public interest, and must be done with prior and fair compensation. The law also bars anybody from interfering of stopping expropriation on pretext of self-centred interests‖. Muhanga city RAP Report Final 3-8 November 2019 Accordingly, Article 3 provides for any underground or surface activity carried out with in public interest on any land but with due and fair compensation to the land owner. Article 4 requires that any project, at any level, which intends to carry out acts of expropriation in the public interest, must budget and provide funding for valuation of the property of the person to be expropriated and for fair compensation. 3.3 World Bank’s OP 4.12 on Involuntary Resettlement O.P 4.12 states that World Bank experience is that involuntary resettlement if unmitigated usually results in the following: • Severe economic, social, and environmental risks: • Dismantling of production systems; • Impoverishment of people when their productive assets or income sources are lost; • People are relocated to environments where their productive skills may be less applicable and the competition for resources greater; • Community institutions and social networks are weakened; • Kin groups are dispersed; and • Cultural identity, traditional authority, and the potential for mutual help are diminished or lost. To mitigate this, the policy requires the following of project developers for World Bank funded projects: • Avoidance where feasible, or minimisation by exploring all viable alternative project designs; • Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits; • Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; • 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- Muhanga city RAP Report Final 3-9 November 2019 displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Eligibility criterion, requirement for inclusive meaningful consultation and requirements of a cut-off date under OP 4.12 In terms of eligibility criterion, WB OP 4.12 policy recognizes the affected persons as ‘one using the land at the time, whether or not they have written customary or formal tenure rights. The completion of the census represents a provisional cut-off date for eligibility for resettlement assistance. PAPs in the project area before the census begins are eligible for compensation and assistance, as relevant and those who arrive after the cut-off date are not. (Squatters and encroaches are entitled to “resettlement assistance in lieu of compensation for assets sitting on land they occupy on condition that they occupy the project area prior to” the date of beginning of census or prior to the date the project area was delineated whichever date is earlier (OP 412, para 16).To meet this threshold WB safeguards standards requires that there is meaningful consultation to ensure cut- off date and eligibility criterion are disseminated to all the primary and secondary stakeholders to ensure smooth implementation of bank funded projects. Towards this end; • Resettlement planners should ensure sufficient public awareness of the cut-off date; • Census takers should provide enumerated PAPs with documentation that confirms their enumeration (Identity cards or a witnessed copy of the survey endorsed by the household head). Proof of enumeration precludes an influx of people into the project area after the cut-off date. Annex 1 of O.P 4.12 outlines the information to be included in a RAP Report to cover the following: This annex describes the elements of RAP to include: • Description of the project; • The main objectives of the resettlement program; • The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people; • The results of a census survey covering: ✓ Current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; ✓ Standard characteristics of displaced households, ✓ The magnitude of the expected loss total or partial of assets, and the extent of displacement, physical or economic; Muhanga city RAP Report Final 3-10 November 2019 ✓ Information on vulnerable groups or persons as provided for, for whom special provisions may have to be made; and ✓ Provisions to update information on the displaced people's livelihoods and standards of living ✓ Land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; ✓ Patterns of social interaction in the affected communities ✓ Public infrastructure and social services that will be affected; and • Legal framework including the scope of the power of eminent domain as well as laws and regulations relating to the agencies responsible for implementing resettlement activities. Gaps, if any, between local laws covering eminent domain and resettlement and the Bank's resettlement policy, and the mechanisms to bridge such gaps • The findings of an analysis of the institutional framework covering the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; • Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. • The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets. • A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy. • A summary of the views expressed and how these views were taken into account in preparing the resettlement plan; • Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. • The organizational framework for implementing resettlement, • An implementation schedule covering all resettlement activities • Tables showing itemized cost estimates for all resettlement activities • Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors. Muhanga city RAP Report Final 3-11 November 2019 Table 3-3: Comparative Analysis between W.B and RNL. Principles Rwanda legislations World bank op 4.12 Gap filling Measures Valuation Valuation is covered OP4.12 prefers Adopt by the expropriation replacement cost method replacement cost law and the land of valuation of assets and method of valuation law and cover transaction costs. In valuation stipulates that the applying this method of affected person valuation, depreciation of receive fair and just structures and assets compensation should not be taken into being 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. Compensati Article 22 of the OP4.12 gives preference Adopt OP4.12 on expropriation law no to land based resettlement mode of 32/2015 of strategies for displaced compensation by 11/06/2015 entitles persons whose giving preference the landholder to livelihoods are land based to land based compensation for the as compared to monetary resettlement as value of the land and compensation. opposed to activities on the basis monetary of size, nature compensation location considering the prevailing market value. Participatio The Rwandan law on WBOP4.12 requires that Adopt op 4.12 n and expropriation simply persons to be displaced methods of consultation stipulates that should be actively be participation affected peoples be consulted and should fully informed of have opportunity to expropriation issues. participate in planning The law also and design of conflicts the very resettlement programs. purpose of Consultations need to be consultation and meaningful, inclusive of involvement by all PAPs ( women, men, Muhanga city RAP Report Final 3-12 November 2019 prohibit any title/non-title holders, opposition to the squatters, youth, expropriation vulnerable groups, program if minorities etc.)and should considered to be be a two way process of under the pretext of providing information self-cantered and receiving feedback. justification which might not be the case Timeframe Rwanda WB OP 4.12 provides for A cut-off-date expropriation law s a timeframe (cut-off-date) should be applied stipulates a people who encroach on and the date will timeframe upon the area after the cut-off be widely when the property to date are not entitled to disseminated to be expropriated must compensation or PAPs. be handed over resettlement assistance which is 120 days after compensation has been paid Overall Section 2 of the Under the op4.12, its not Adopt Rwanda strategy expropriation law on necessary to prove that expropriation law procedures provides the project fits within the for the process to overall land master plan show how the sub projects fits into the land master plan of the area in question Required Expropriation law Op 4.12 requires WB world bank measures does not provide for displaced persons to be op 4.12 to apply alternatives when consulted on offered undertaking choices among and compensation provided with technically and economically feasible resettlement alternatives Grievance The new Op 4.12 requires PAPs be Adopt Rwanda redress expropriation law of informed of the expropriation law mechanisms 32/2015 of compensation exercises which establishes 11/06/2015 creates and establishes grievance the Grievance the resettlement and redress mechanisms. The Redress grievance redress GRM needs to be Mechanisms by committee and accessible, unbiased and district provides complaints (sector/cell) Muhanga city RAP Report Final 3-13 November 2019 procedures for responsive to all authority, PAP individuals complainants. representatives dissatisfied with the and project and proposed project or also meet the WB the value of their requirements set compensation and out under OP 4.12 process for expressing dissatisfaction for seeking redress. Eligibility According To WB OP 4.12 policy WB world bank Criterion Rwandan recognizes the affected op 4.12 Expropriation Law persons as ‘one using the The Person To Be land at the time, whether Expropriated Is or not they have written Defined As ‘Any customary or formal Person Or A Legally tenure rights’, Accepted Association Operating In The Country Who Is To Have His Or Her Private Property Transferred Due To Public Interest As Well As Legally Accepted Local Administrative Entities’. Census According to O.P 4.12 requires a WB world bank Rwandan census to be carried out op 4.12 to apply. Expropriation Law for purposes of: no census is required enumerating and to establish collecting basic legitimate information on affected beneficiaries of population; registering compensation the affected population by instead legitimate residence or locality; beneficiaries of establishing a list of compensation are legitimate beneficiaries defined by law as before the project’s onset ‘any person or a that counters spurious legally accepted claims from those moving Muhanga city RAP Report Final 3-14 November 2019 association operating into the project area in the country who is solely in anticipation of to have his or her benefits; laying a private property framework for transferred due to subsequent public interest as socioeconomic research well as legally needed to establish full accepted local replacement administrative compensation rates and to entities. design, monitor, and evaluate sustainable income restoration or development interventions; and providing a baseline for monitoring and evaluation of the ARAP. To achieve these census objectives among other bank policy objectives; particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. Livelihood No livelihood The bank’s policy on WB world bank Restoration restoration programs involuntary resettlement op 4.12 to apply are provided in the requires project affected national laws. persons be assisted in Compensation their efforts to improve disbursed is as per their livelihoods and Article 22 of the standards of living to expropriation law no restore them, in real term, 32/2015 of to pre-resettlement levels Muhanga city RAP Report Final 3-15 November 2019 11/06/2015 entitles or to levels prevailing the landholder to prior to the beginning of compensation for the the project value of the land and implementation activities on the basis whichever is higher. of size, nature location considering the prevailing market value. Gender & Both males and The burden of poverty WB world bank Gender females are equal in falls disproportionately op 4.12 to apply Based the eyes of the law. on women. The bank on Gender Violence The Constitution of aims to reduce gender (GBV) Rwanda 2003 disparities and enhance Adopt GBV adopt Article 17: Right to women’s participation in national law : marry and found a economic development of Law N° 43/2013 family(Spouses are their countries by of 16/06/2013 entitled to equal integrating gender rights and considerations in its obligations) country assistance program (OD 4.20 Law N° 43/2013 of , para. 1) Governing Land in Rwanda Article 4: gives spouses Equal right to land On GBV; It is unlawful to commit violence against someone because of their gender. Article 2 of N°59/2008 of 10/09/2008 the law on prevention and punishment of gender-based violence (GBV) defines gender-based violence as “any act Muhanga city RAP Report Final 3-16 November 2019 that results in a bodily, psychological, sexual and economic harm to somebody just because they are female or male.” The principle law on prevention of GBV has 9 articles (articles 3 – 11) that prevent and protect against GBV Articles 8; enshrines right of women to a maternity leave Article 9; stipulates Rights of a pregnant woman or of a woman who delivers Vulnerabilit Under Rwanda World banks’ OP4.12 WB world bank y expropriation law defines Vulnerable op 4.12 to apply. (the principle law groups as people who by applicable whenever virtue of gender, there is involuntary ethnicity, age, physical or resettlement), there is mental disability, no formal economic disadvantage, recognition of or social status may be vulnerable PAPs who more adversely affected are entitled to get by resettlement than extra support to cope others and who may be with resettlement limited in their ability to impacts. claim or take advantage of resettlement assistance and related development benefits. Vulnerable groups can include: Households headed by women; Muhanga city RAP Report Final 3-17 November 2019 Households victimized by HIV/AIDS that are headed by children Households made up of the aged or handicapped. Households whose members are impoverished. Households whose members are socially stigmatized (as a result of traditional or cultural bias) and economically marginalized. World bank OP4.12 provides that special assistance to vulnerable PAPs may consist of the following: Provision for separate and confidential consultation; Priority in site selection in the host area; Relocation near to kin and former neighbours; Provision of a contractor, if necessary, to construct their new house; Assistance with dismantling salvageable materials from their original home; Priority access to all other mitigation and development assistance; and Monitoring of nutritional and health status to ensure successful integration Muhanga city RAP Report Final 3-18 November 2019 into the resettled community. Principles Rwanda legislations World bank op 4.12 Gap filling Measures Valuation Valuation is covered OP4.12 prefers Adopt by the expropriation replacement cost method replacement cost law and the land of valuation of assets and method of valuation law and cover transaction costs. In valuation stipulates that the applying this method of affected person valuation, depreciation of receive fair and just structures and assets compensation should not be taken into being 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. Compensati Article 22 of the OP4.12 gives preference Adopt OP4.12 on expropriation law no to land based resettlement mode of 32/2015 of strategies for displaced compensation by 11/06/2015 entitles persons whose giving preference the landholder to livelihoods are land based to land based compensation for the as compared to monetary resettlement as value of the land and compensation. opposed to activities on the basis monetary of size, nature compensation location considering the prevailing market value. Participatio The Rwandan law on WBOP4.12 requires that Adopt op 4.12 n and expropriation simply persons to be displaced methods of consultation stipulates that should be actively be participation affected peoples be consulted and should fully informed of have opportunity to expropriation issues. participate in planning The law also and design of conflicts the very resettlement programs. Muhanga city RAP Report Final 3-19 November 2019 purpose of Consultations need to be consultation and meaningful, inclusive of involvement by all PAPs ( women, men, prohibit any title/non-title holders, opposition to the squatters, youth, expropriation vulnerable groups, program if minorities etc.)and should considered to be be a two way process of under the pretext of providing information self-cantered and receiving feedback. justification which might not be the case Timeframe Rwanda WB OP 4.12 provides for A cut-off-date expropriation law s a timeframe (cut-off-date) should be applied stipulates a people who encroach on and the date will timeframe upon the area after the cut-off be widely when the property to date are not entitled to disseminated to be expropriated must compensation or PAPs. be handed over resettlement assistance which is 120 days after compensation has been paid Overall Section 2 of the Under the op4.12, its not Adopt Rwanda strategy expropriation law on necessary to prove that expropriation law procedures provides the project fits within the for the process to overall land master plan show how the sub projects fits into the land master plan of the area in question Required Expropriation law Op 4.12 requires WB world bank measures does not provide for displaced persons to be op 4.12 to apply alternatives when consulted on offered undertaking choices among and compensation provided with technically and economically feasible resettlement alternatives Grievance The new Op 4.12 requires PAPs be Adopt Rwanda redress expropriation law of informed of the expropriation law mechanisms 32/2015 of compensation exercises which establishes 11/06/2015 creates and establishes grievance the Grievance the resettlement and redress mechanisms. The Redress Muhanga city RAP Report Final 3-20 November 2019 grievance redress GRM needs to be Mechanisms by committee and accessible, unbiased and district provides complaints responsive to all (sector/cell) procedures for complainants. authority, PAP individuals representatives dissatisfied with the and project and proposed project or also meet the WB the value of their requirements set compensation and out under OP 4.12 process for expressing dissatisfaction for seeking redress. Eligibility According To WB OP 4.12 policy WB world bank Criterion Rwandan recognizes the affected op 4.12 Expropriation Law persons as ‘one using the The Person To Be land at the time, whether Expropriated Is or not they have written Defined As ‘Any customary or formal Person Or A Legally tenure rights’, Accepted Association Operating In The Country Who Is To Have His Or Her Private Property Transferred Due To Public Interest As Well As Legally Accepted Local Administrative Entities’. Census According to O.P 4.12 requires a WB world bank Rwandan census to be carried out op 4.12 to apply. Expropriation Law for purposes of: no census is required enumerating and to establish collecting basic legitimate information on affected beneficiaries of population; registering compensation the affected population by instead legitimate residence or locality; beneficiaries of establishing a list of compensation are legitimate beneficiaries Muhanga city RAP Report Final 3-21 November 2019 defined by law as before the project’s onset ‘any person or a that counters spurious legally accepted claims from those moving association operating into the project area in the country who is solely in anticipation of to have his or her benefits; laying a private property framework for transferred due to subsequent public interest as socioeconomic research well as legally needed to establish full accepted local replacement administrative compensation rates and to entities. design, monitor, and evaluate sustainable income restoration or development interventions; and providing a baseline for monitoring and evaluation of the ARAP. To achieve these census objectives among other bank policy objectives; particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. Livelihood No livelihood The bank’s policy on WB world bank Restoration restoration programs involuntary resettlement op 4.12 to apply are provided in the requires project affected national laws. persons be assisted in Compensation their efforts to improve disbursed is as per their livelihoods and Muhanga city RAP Report Final 3-22 November 2019 Article 22 of the standards of living to expropriation law no restore them, in real term, 32/2015 of to pre-resettlement levels 11/06/2015 entitles or to levels prevailing the landholder to prior to the beginning of compensation for the the project value of the land and implementation activities on the basis whichever is higher. of size, nature location considering the prevailing market value. Gender & Both males and The burden of poverty WB world bank Gender females are equal in falls disproportionately op 4.12 to apply Based the eyes of the law. on women. The bank on Gender Violence The Constitution of aims to reduce gender (GBV) Rwanda 2003 disparities and enhance Adopt GBV adopt Article 17: Right to women’s participation in national law : marry and found a economic development of Law N° 43/2013 family(Spouses are their countries by of 16/06/2013 entitled to equal integrating gender rights and considerations in its obligations) country assistance program (OD 4.20 Law N° 43/2013 of , para. 1) Governing Land in Rwanda Article 4: gives spouses Equal right to land On GBV; It is unlawful to commit violence against someone because of their gender. Article 2 of N°59/2008 of 10/09/2008 the law on prevention and punishment of gender-based Muhanga city RAP Report Final 3-23 November 2019 violence (GBV) defines gender-based violence as “any act that results in a bodily, psychological, sexual and economic harm to somebody just because they are female or male.” The principle law on prevention of GBV has 9 articles (articles 3 – 11) that prevent and protect against GBV Articles 8; enshrines right of women to a maternity leave Article 9; stipulates Rights of a pregnant woman or of a woman who delivers Vulnerabilit Under Rwanda World banks’ OP4.12 WB world bank y expropriation law defines Vulnerable op 4.12 to apply. (the principle law groups as people who by applicable whenever virtue of gender, there is involuntary ethnicity, age, physical or resettlement), there is mental disability, no formal economic disadvantage, recognition of or social status may be vulnerable PAPs who more adversely affected are entitled to get by resettlement than extra support to cope others and who may be with resettlement limited in their ability to impacts. claim or take advantage of resettlement assistance and related development benefits. Vulnerable groups can include: Muhanga city RAP Report Final 3-24 November 2019 Households headed by women; Households victimized by HIV/AIDS that are headed by children Households made up of the aged or handicapped. Households whose members are impoverished. Households whose members are socially stigmatized (as a result of traditional or cultural bias) and economically marginalized. World bank OP4.12 provides that special assistance to vulnerable PAPs may consist of the following: Provision for separate and confidential consultation; Priority in site selection in the host area; Relocation near to kin and former neighbours; Provision of a contractor, if necessary, to construct their new house; Assistance with dismantling salvageable materials from their original home; Priority access to all other mitigation and development assistance; and Muhanga city RAP Report Final 3-25 November 2019 Monitoring of nutritional and health status to ensure successful integration into the resettled community. Muhanga city RAP Report Final 3-26 November 2019 4 SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS 4.1 4.1 Overview The census and socio-economic survey for project affected persons is an important component in the planning for resettlement of the affected persons. The objective of collecting the socio and economic data of the affected persons assists to know the social structure and distribution for purposes of planning the attendant resettlement. The information obtained from household survey is crucial in determining entitlements, livelihood restoration programs and vulnerable PAPs requiring special assistance. This section is therefore an exposition of the socio-economic status of the PAPs in Muhanga secondary city. The section begins with an outline of the project administrative location, then general details of the project affected households and businesses, the land tenure and project impact on land followed by a detailed analysis of the household incomes. Thereafter the section describes the housing and related facilities, the health, and disability as well as education status of the PAPs and culminates with the details of the identified vulnerable PAPs and the special/supplementary resettlement assistance accrue. 4.2 Administrative location of the project The project is entirely located in Muhanga secondary city which is located 50 Km from Kigali City in the Southern Province of Rwanda. Muhanga City is the District Headquarters of Muhanga District. The City is strategically located at the cross roads of Rwanda ‘s major roads connecting the district with the City of Huye in the South, and the City of Karongi in the west, as shown in Figure 2-1. The Master Plan boundary of Muhanga City covers a planning area of 5,000 Ha and is comprised of four Sectors Nyamabuye sector, Shyogwe sector, Cyeza sector and small part of Muhanga Sector as shown in figure 4.1. The City has a total of 9 cells and 41 villages with a total population of 50,608 inhabitants out of which 11,601 households (National Census, 2012. In terms of gender, females constitute 64.1% in Nyamabuye Sector, 63.8% in Shyogwe Sector, 82.9% in Muhanga Sector and 76.5% in Cyeza Sector. The project covers two sectors namely: Nyamabuye and Shyogwe. Muhanga city RAP Report Final 4-1 November 2019 Figure 4-1: Administrative boundary. Source: RUDP Phase 2 - Muhanga City - FS&PD Report Volume 1 4.3 Project Affected Households, Businesses and Institutions 4.3.1 Summary of the Census Findings A comprehensive socio-economic survey of the project affected households (PAHs) and project affected businesses was carried out and identified number tabulated as shown below: Table 4-1: Summary of the Number of PAHs, Businesses and Institutions. Sector Number of PAHs Number of affected Institutions Businesses Nyamabuye 62 45 1 Shyogwe 55 27 1 Total 117 72 2 Source: Field Surveys 2019. Muhanga city RAP Report Final 4-2 November 2019 4.3.2 Administrative Location of PAPs From the field data collected during the ESIA and the RAP studies, majority of the business PAPs (36) were located in Kamugina followed by Murambi (27) while minority were located in Ruvumera (9). Majority of household PAPs were located in Kamugina and Murambi; 56 and 55 PAPs respectively while the minority were located in Ruvumera (6). The geographical spread of business and household PAPs helped in establishing all- inclusive grievance resolution mechanism having relevant area village heads incorporated in the grievance resolution committees. This was also relevant in knowing the best place to hold a disclosure meeting that is easily accessible to all the PAPS. Figure 4-2: Administrative Spread of PAPs. Adminstrative Spread of PAPs 60 56 55 50 40 36 30 27 20 9 10 6 0 Kamugina Murambi Ruvumera Household PAPs Business PAPs Source: Field Surveys 2019. 4.3.3 Household size and composition A total of 117 households were interviewed with 59 respondents of the 117 being household heads. The rest of the respondents were family members who were interviewed in absentia of the heads during the survey period. From the foregoing, key data collected from household head representatives was validated by the absent household heads or their representatives who gave clear position of the household during the validation workshop. From the survey findings, 59% (69) of the household heads were male headed (Fathers), 25% (29) were headed by Mothers, 10% (12) were child headed while 6% (7) were headed by other people. Child headed in this context does not refer to the legal child age but rather an older child taking care of his/her siblings and other members of the household. This could be due to various reasons such as death of the parents, divorce, or both parents staying in a different area(s). During the validation workshop, economic status of these child headed and female headed Muhanga city RAP Report Final 4-3 November 2019 households was assessed to determine if they meet the vulnerability threshold developed for RUDP phase 2 A/RAPs. During the validation workshop, the bread winners of these child headed and female headed households were interrogated in a quest to establish if the households are able to meet basic family needs like decent housing, quality healthcare and education of the child(s). It was established that, majority of the female and child headed households were better off compared to most male headed households. Figure 4-3: Household Heads Household Head 7, 6% 12, 10% 29, 25% Child Headed Father Headed Mother Headed Other 69, 59% Source: Field Surveys 2019. In terms of gender of PAPs, figure 4-3 shows that majority of business PAPs were males 39 while 33 were females. The figure further shows that majority of household PAPS were males (72) while (45) were females. Muhanga city RAP Report Final 4-4 November 2019 Figure 4-4: Gender of PAPS. Gender of PAPs 140 120 100 80 72 60 39 40 20 45 33 0 Business Household Female Male Source: Field Surveys 2019. 4.4 Land Tenure and Project Impacts on land use and properties 4.4.1 Land Tenure Majority of the project affected land and house owners had land certificates (102) while the rest did not indicate whether they have or not. With almost 100% genuine ownership documents, determination of entitlements including valuation exercise and subsequent compensation would be relatively easy. The summaries of number of PAPs losing land are given in chapters 2 and 6. Details of PAPs losing land with their corresponding land sizes, above ground assets and compensation values is provided in the land and asset valuation report. The report is presented as Volume II of this Report. 4.4.2 Project Impacts on land use The census and socio-economic survey covered all the identified project sub- components in Muhanga secondary city; Four Selected Roads alongside supportive, trunk infrastructure, Selected Footpaths and Selected Stand-alone drains. However, footpaths and selected stand-alone drains did not have any affected PAPs meaning that they do not require expropriation leading to either involuntary resettlement or voluntary land donation. This is mainly because the technical designs of the drains and footpaths fit within available natural drainage course ways and walkways respectively. As a result, envisaged resultant involuntary resettlement impacts are for the four roads since the road corridor selected for implementation (8m) would require linear expropriation Muhanga city RAP Report Final 4-5 November 2019 of abutting properties. Form the census conducted for this ARAP study, it was established that; o A total of twelve (12) residential properties, seven (7) commercial properties are affected along Cyakabiri-Misizi Asphalt Road. Only one public purpose institution is affected along this road. o Fourteen (14) residential properties and nineteen (19) commercial properties are affected along Nyabisindu- CAF Isonga Asphalt Road. o Three (3) residential properties, one (1) commercial property and one (1) public purpose institution are affected along ICK-ADEPER-Methodist Church Asphalt Road and Connection. o Nine (9) residential properties and two (2) commercial properties are affected along ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road. No public purpose institution is affected along the same road. Detailed analysis of these impacts as well as mitigation measures that would be instituted to address aforesaid impacts are presented in detail in chapter 6 of this report. 4.5 Economic Activities of PAHs 4.5.1 Household Income Social economic survey carried for RUDP phase 2 revealed that a majority of PAHs earned 50,000RW and above per month. Very few households earned a monthly income below 20,000RW. Household income is a very good indicator of PAHs economic profile, especially ability to cope with resettlement impacts due to involuntary resettlement. It also helps in developing appropriate livelihood restoration programs in order to ensure the PAPs are not left worse off than they were prior the project implementation. Figure 4-5: Household Income Level. 10,000-20,000 20,000-30,000 30,000-50,000 Above 50,000 12% 13% 43% 32% Source: Field Surveys 2019. Muhanga city RAP Report Final 4-6 November 2019 4.5.2 Sources of Income of Project Affected Households Findings of Socioeconomic studies for Muhanga city PAHs established that PAPs had multiple sources of income. Salary and wages from employment and casual jobs, proceeds from farming and small-scale business ventures were the main sources of income in a majority of the households. From the socio-economic survey, the main sources of incomes for the self-employed PAPs in Muhanga secondary city were Agricultural and business activities (55%) and (29%) respectively. This is so because most of the PAPs indicated farming as their source of income clarifying that the said farming took place in alternative pieces of land elsewhere and they only engaged in small subsistence farming on the land affected by the project. However, businesses formed a major source of livelihood within the project area as there were very limited agricultural activities (mostly subsistence). Most of the employed PAPs were employed as teachers, drivers, mechanics and boda-boda riders. (a) Employment income Household income from Salary and wages from formal and casual jobs was the highest source of income for majority of households consulted. Under this category, 47% of the PAPs were self-employed while 25% had formal jobs earning a monthly salary/wages. However, a good number of PAPs making 28% were unemployed and struggling to make a living. Figure 4-6: Employment Status. Employment Status Employed Unemployed 25% 28% Self Employed 47% Employed Self Employed Unemployed Source: Field Survey, 2019 It is worth noting that proposed RUDP phase 2 did not occasion any loss of Household income from the formal or casual employment sector since no employer (individual, institution or enterprise) was gravely affected by the project leading to downsizing or close of business or institution. Towards this end, there is no wage-based livelihood Muhanga city RAP Report Final 4-7 November 2019 restoration program planned under this project due to loss of jobs. Nevertheless, high incidence of unemployment especially among the youth (who are considered the cradle of labour force in Rwanda driving the national economy) living in the project area was underscored as an opportunity for smooth implementation of RUDP phase 2 project. During the project implementation phase, the contractor would benefit from the high employment rate by hiring all unskilled labourers and a majority of semi-skilled workers from the project area. Skilled labour and high-level expertise would be hired on merit from the contractor’s pool of labour force. Engagement of locals in the project woul d reduce influx of non-locals seeking employment thus ease project implementation and minimise or eliminate conflicts associated with infrastructure projects. (b) Agribusiness Income On agribusiness income, it is worth noting that income from farming referred in this context is not from farming activities of land earmarked for expropriation under this project but rather from other farms held by the households either as owners or lease holders. This mainly because the project is situated within Muhanga secondary city thus plots holding are small for commercial agriculture. Farming activities are mostly limited to subsistence urban agriculture mainly food crops and food trees. Similarly, very small strips of land were set to be hived off and expropriated (mostly less than 10%). The overall impact on the food crops and trees was minor or insignificant (considering compensation to be disbursed for lost assets is at full replacement cost) in a majority of affected plots. From the foregoing, Land based livelihood restoration program recommended under this project is tailor made to augment the marginal loss of land based livelihoods by rolling out programs geared towards; replacement (Free agricultural inputs such as seeds, seedlings, fertilizer); remedial measures to sustain or improve the livelihood ( physical preparation of destroyed farm land - clearing, levelling, creating access routes and soil stabilization & Fencing for pasture or crop land) & Cost cutting measures to increases farmer’s take home by reducing agricultural production costs (offer free government Extension services like veterinary care and other crop farming assistance). (c) Business Income Muhanga secondary city like many African cities has both formal businesses and informal businesses. During the census, it was established that 72 businesses (business operators or premises) will be affected in one way or another by proposed RUDP phase 2. Following analysis of census data for selected road corridors that will be implemented, it was established that twenty-nine (29) of aforementioned businesses are structured i.e. they are run from permanent business premises. Further study on the twenty-nine business premises established that in the business premises only auxiliary facilities are affected with the actual business premises remaining intact. Since the residual business premises are viable to support the business operations without any need to scale down or relocate the business, the project has no significant bearing on the business operations. To mitigate the partial loss of land and auxiliary facilities, affected assets were valued at full replacement cost as indicated in sub section 1.5.6 on Land and Asset Valuation. Over and above cumulative full replacement costs derived from valuation Muhanga city RAP Report Final 4-8 November 2019 of land earmarked for acquisition including assets thereon, a 5% additional package pegged on aggregate value of expropriation costs has been added to the expropriation budget to cater for disruptions and economic losses of the PAPs. Prorating the allowance allows for PAPs to get proportionate compensation packages commensurate with actual losses they incur. This mainly because economic or business losses span from several underlying activities of the project either directly or indirectly such as temporally closure of business premises during civil works of the roads, downtime of business when the operators take time out to rebuild affected auxiliary facilities of the business premises to marginal loss of business goodwill. Form the foregoing, involuntary resettlement impacts of the twenty-nine business operators had no enterprise-based livelihood loss as the businesses would continue with their mundane trade activities during and post project implementation phase. Any business downtime or temporal loss of good will during project implementation phase would be sufficiently augmented as explained above. From the foregoing, there is no enterprise-based livelihood restoration program planned for the twenty-nine PAPs. Nevertheless, recommendations have been made in the ESIA report and this ARAP report to give local businesses priority when procuring goods and services for the project from affected local suppliers. This requirement is however not an entitlement on the local business as the same is not captured in the contractor’s TOR. Majority of affected business PAPs (43) are informal traders mostly selling fresh farm produce while the other category of these traders are airtime vendors. Those selling farm produce mostly sell seasonal farm produce like fruits, sugarcane and vegetables straight from their farms to supplement their household income. These traders had no structures of any sort (makeshift or movable), they were mostly selling from large basins, sacks or simply lay their wares on the ground. Most of the women in this kind of business that were interviewed indicated that they don’t engage in the trade on a regular basis – mostly depends on what is available in their farms for sell or what time of the day it is. In the Morning, they mostly sell milk and other breakfast related food staffs while in the evening they sell vegetables and other supper related food staff (temporal markets). Consequently, their presence along the roads is limited to a particular time of the day when it is convenient to get clients. If the roads are improved to asphalt standards, they stand to benefit a lot because of anticipated human and vehicular traffic increase. Similarly, there is a 2nd category of traders who had temporally movable structures like large umbrellas and stools for airtime vendors. The later indicated that they don’t have permanent trading places as they occasionally move - following potential customers to places of worship, sport events, community meetings etc. They align themselves strategically along the roads leading to these events where they have more customers. From the foregoing analysis it is apparent that the project would not occasion any commerce-based livelihood loss thus no remedial enterprise-based livelihood restoration program is planned under this project for this category of PAPs. However, given the low incomes these categories of traders operate with and considering most of these traders are women who are the pillars of household’s support systems, this project Muhanga city RAP Report Final 4-9 November 2019 has made provision to sponsor a business training and support program for these PAPs. The program is geared towards; Entrepreneurship training in business planning, marketing, inventory and quality control and linking the traders with local NGOs and government entities providing small-scale credit facilities to finance star up enterprises. There is a 3rd category of business PAPs who were located along the project roads and had some form of makeshift structures for daily businesses or somehow operated from the same location even without any business premises every business day. In the project roads these PAPs were 14 (8 women, 6 men). Even though this category had few PAPs along sparsely populated corridors, it was apparent that their business ventures are the primary means of earning a livelihood. Upgrading of the project roads would see business ventures of these PAPs affected as they would no longer be able to operate as usual since trading activities of their nature are legally carried out from designated formal markets (they are able to operate from their current location because earth roads have less scrutiny compared to asphalt road by relevant by law enforcement authority). It is noted therefore that proposed project would indirectly result in loss of trading areas and by extension loss of livelihood if remedial measures are not taken to secure their means of livelihood. Towards this end, this project has made provision for livelihood restoration program that seeks to secure these business PAPs trading spaces. The same consideration will be made to other informal business PAPs in the other categories who wish to secure formal trading spaces as well. Muhanga district administration has agreed to relocate these categories of PAPs to existing nearby formal markets (where they would have more customers). Rent in leased spaces would be paid for these categories of PAPs for a period of six months to allow them stabilize. 4.6 Housing and related Facilities As shown in figure 4.8 majority of the houses were constructed using iron sheets while a minority constructed using grass 1%. Muhanga city RAP Report Final 4-10 November 2019 Figure 4-7: Roofing Materials. Roofing Materials Concrete, 16, 17% Tiles, 32, 34% Ironsheets, 47, 49% Source: Field Surveys 2019 Figure 4-8: Wall Materials. Materials used for Walls 90% 79% 80% 70% 60% 50% 40% 30% 20% 9% 10% 6% 6% 0% Brick Concrete Soil Stone Source: Field Surveys 2019. Muhanga city RAP Report Final 4-11 November 2019 Figure 4-9: Flooring Materials. Flooring Materials 90% 82% 80% 70% 60% 50% 40% 30% 20% 10% 5% 5% 3% 2% 2% 0% Brick Earth Stone Tiles wooden Other Source: Field Surveys 2019 Based on findings from the socio-economic surveys, affected housing structures are considered to be decent and of high standards considering the economic status of the PAPs. This implies that housing and decent housing in particular was prioritized at household level meaning that a significant proportion of earnings, savings and loans from banks and other lending institutions was used to finance acquisition and construction of residential and commercial houses. Planned expropriation along selected project corridors under this project is bound to occasion partial or full demolition of earmarked properties. Valuation and subsequent compensation of affected household and business structures should meet the standards of full replacement costs. Compensation packages agreed upon should be disbursed promptly. For individuals that have borrowed loans using affected properties as their collaterals, the lending institutions may be forced to enter into another contractual agreement with the asset owner in the event the asset is relocated or scaled down (Reduced in size) to pave way for the proposed project implementation as discussed with the project proponent. It is worth noting however, that for all properties that would be expropriated under phase 2 based on selected road corridors, none of the properties has been used as collateral to access a loan or credit facility. Housing utilities and Trunk Infrastructure In terms of utilities serving affected housing structures, 52% of the affected units were connected to electricity while 34% had access to piped water as shown in figure 4.18. However, only 14% had a motorable road access. This indicates that housing infrastructure provision is lagging compared to utilities servicing. From the foregoing, upgrading of project roads as envisaged under this project is paramount to improve living conditions of the residents of Muhanga city. Muhanga city RAP Report Final 4-12 November 2019 Figure 4-10: Access to Services and Infrastructure. Access to Service and Infrastructure 60% 49% 50% 40% 33% 30% 20% 18% 10% 0% Electricity Piped Water Vehicular Access Series1 49% 33% 18% Source: Field Survey 2019. 4.7 Water and Sanitation Universal access to safe drinking water is a fundamental need and human right. Securing access for all would go a long way in reducing water borne deceases and death, especially among children. According to filed findings to determine the socio-economic profile of the PAPs, the main source of water for domestic use by a majority was piped water followed by water vendors and harvested rain water. Tapped water is considered an improved water source as per the WHO standards; sources of water such as boreholes are unimproved water sources as they are open to pollution. A water source that is within 1000m from its intended users is considered accessible as per the WHO standards. The four households have access to piped water that is connected to the houses. The project should ensure that during relocation of water service mains, the pipelines are quickly restored, as the dependency on piped water is very high. Majority of the household PAPS use exterior WC without a flush tank for sanitary facilities while others (3) use other type of sanitation facilities as shown in figure 4-11. Muhanga city RAP Report Final 4-13 November 2019 Figure 4-11: Types of Sanitary Facilities. Types of Sanitary Facility 70 59 60 50 40 36 30 20 10 2 0 0 0 Exterior WC Interior Toilet Interior WC with Exterior WC with Other Without Flush without Flush Toilet flush tank Flush tank Tank Tank Source: Field Surveys 2019 4.8 Health The most prevalent disease in the project area according to PAPs is malaria. PAPs also suffer from other ailments considered chronic such as diabetes, hepatitis and cancer though the number of people suffering from these ailments were few. From the foregoing, household heads or bread winners who were terminally ill and receiving palliative care were classified as vulnerable PAPs in this RAP and were therefore recommended for further assistance such as free treatment in government hospitals if the household is struggling with meeting basic needs as well as paying medical expenses. In this RAP study, health condition of PAPs was one of the parameters used to determine vulnerability of PAPs to be considered for extra support. Based on this assessment, highly vulnerable households (pre-existing medical condition that is/are punitive in terms of treatment, terminally ill, medically grounded bread winners) were identified and recommended for free government medical services. Due to mobility limitations for the disabled especially the physically handicapped, the project should offer more assistance to the persons with physical disability in relocating as compared to those physically enabled. For those with partial loss of partial hearing impairment(hypoacusis), a sign interpreter would be used when communicating with them to ensure they give their concerns and responses during the disclosure workshop. 4.9 Education From the analysis on Figure 4-12, the male gender has the highest education (170 – secondary education) levels as compared to the female (87– secondary education). There are more males (110) than females (74) with university education. Majority of the people in the project area males (124), females (121) have attained at least basic tertiary education. Muhanga city RAP Report Final 4-14 November 2019 In this RAP study, level of education was one of the parameters used to determine vulnerability of PAPs for consideration for extra support. Vulnerable households (low literacy level, limited ability to qualify for employment and low income) would be assessed and recommended for support. The project has various job opportunities ranging from construction experts in various fields, skilled and semi-skilled workers in infrastructure projects to non-skilled workers offering manual labour. Because of the nature of the project (infrastructure – road), PAPs considered for both skilled and non- skilled labour need some form of training especially on occupational health and safety such as proper donning and use of personal protective equipment (PPEs), emergency preparedness and proper use of construction equipment. This training will be offered by the project contractor within the contractor’s administrative cost before and during the construction phase. Similarly, on job training for PAPs with interest to acquire semi- skilled expertise in the course of the project implementation period would be undertaken by the contractor in partial fulfilment of skill/knowledge transfer requirement. The district administration would help in seeking certification for qualified workers. Financial literacy trainings to help the beneficiary PAPs who secure employment save money and link up to local co-operatives and local NGOs fostering entrepreneurship to finance start-up businesses once the project is completed would also be undertaken by local government officials in charge of social welfare" In addition, during disclosure of the RAP, the illiterate and semi illiterate needed assistance to understand the contents of the report and therefore the project created an allowance for translating the report (the executive summary) in Kinyarwanda. Figure 4-12: Level of Education. Level of Education Completed (Household) 30 25 20 15 10 5 0 Primary Secondary Tertiary University Male Female Source: Field Surveys 2019 Muhanga city RAP Report Final 4-15 November 2019 4.10 Identified Vulnerable PAPs According to the OP4.12 criteria of identifying vulnerable project affected persons elaborated above, two vulnerable PAPs requiring special/supplementary resettlement assistance were identified from the census and social economic survey carried out in Muhanga secondary city. The identified Vulnerable PAPs were then interviewed to determine special assistance that could be offered (over and above compensation of lost assets at full replacement cost) to caution induced project resettlement impacts. Additional compensation packages that were proposed were geared towards uplifting affected families living standards and improve their social welfare. Table 4-2 below details the Vulnerable PAP(s) identified in Muhanga Secondary City and the special/supplementary resettlement assistance to be offered above the compensation at full replacement cost. Muhanga city RAP Report Final 4-16 November 2019 Table 4-2: Identified Vulnerable PAPs in Muhanga Secondary City. PAP Profile Road Affected Displacement Entitlement Vulnerability Special/Supplementary Actor Monitoring Property Impacts Category Resettlement Assistance and Evaluation Indicators Name: Muragizi Ruvumera- Fence Full Cash In bad health • Children to be Muhanga Access to Claude Methodist- and Expropriation compensation condition; considered for District quality Nyabisindu annex for affected Spinal Jobs during the Administration Health Gender: Male properties at problems construction care. full period. Position: HH Head replacement Low income • Health support HH Size: 12 cost from Muhanga ID NO: district. Medical 1196480072782096 cover. Name: Ruvumera- More Partial Cash HH headed • At least one child be Muhanga At least Mukamutara Methodist- than 5% Expropriation compensation by a woman considered for District one Child Budensia Nyabisindu of the for affected employment in Administration employed Land, assets at full Low income in RUDP Phase 2 House Gender: Female and Trees replacement (Less than • Priority to all other phase 2 cost 10000frw mitigation and project. Position: HH Head per month) development HH Size: 3 Right to and assistance Economic Cell: Gahogo salvage • Ensure equal status of Village: Kamugina material; Pre-existing access to the family. Other medical grievance redress ID NO: entitlements condition committees. 1193670001970093 proposed in (Back Tel: 0787979280 the Muhanga problems) RAP report entitlement Matrix Muhanga city RAP Report Final 4-17 November 2019 Figure 4-13: Photolog of affected Properties and Socio – Economic Status of PAPs/PAIs Plate 5-2 Muhanga city RAP Report Final 4-18 November 2019 5 PUBLIC CONSULTATIONS AND PROJECT DISCLOSURE 5.1 Background Consultation and participation is a process through which stakeholders influence and share control over development initiatives, and the decisions and resources that affect them. It is a two-way process where the executing agencies, policy makers, beneficiaries and affected persons discuss and share their concerns in a project process. Extensive consultations were conducted with all stakeholders of RUDP phase 2 (both primary and secondary stakeholders). The project lead supervision and advisory agency – LODA in conjunction with the project proponents - Districts’ administration of the six secondary cities where RUDP phase 2 would be implemented, invested in early planning to solicit the views, support and cooperation of all stakeholders in order to build community support for the project. The consultation exercises carried out prior to A/RAP preparation were; • Project screening to Identify all stakeholders • Sensitization of key stakeholders. LODA and district administration of the six secondary cities informed decentralized local government units (sector, cell, village leaders) and local NGOs including community-based organizations (CBOs) about RUDP phase 2. Aforementioned group were also requested to inform their constituents. • Brief all project line officers and personnel who will interact on a regular basis with people affected by the project regarding envisaged effects of the project and measures to mitigate its impacts. Training of key district officers involved in implementation of the A/RAP was also conducted by LODA. The specific objectives of this early consultation process were to: • To brief the stakeholders on forthcoming A/RAP Study to be undertaken in the six secondary cities; • Facilitate the development of appropriate and acceptable entitlement options; • Explain valuation methodology and compensation procedure that would be applied during the A/RAP study and implementation phase. The aim is to build consensus on the process so as to make compensation process transparent, fair and just and • Enhance ownership of the project. Muhanga city RAP Report Final 5-1 November 2019 5.1.1 Objectives of the Public Consultation The specific objectives of the consultation process were to: • Make the RAP study participatory and transparent; • Facilitate the development of appropriate and acceptable entitlement options; • Minimise the risk of poor co-ordination through establishment of communication channels and redress mechanisms as early as the RAP Study phase; • Providing a platform for future consultation by: ➢ Reducing conflict through early identification of contentious issues; ➢ Improving transparency and accountability of decision making; ➢ Facilitating participation to increase public confidence in the RAP process; ➢ Identifying stakeholders with who further dialogue can be continued in subsequent ➢ Stages of the project. 5.2 Stakeholder Identification Projects resulting in physical or economic displacement call for special consultation process(s) that provides a medium of free flow of information among key project stakeholders. For effective resettlement to be carried out without raising wanton conflicts, the project must incorporate regular consultation with a wide range of project stakeholders. Broadly defined, stakeholders in such projects (projects resulting in physical or economic displacement) are classified in two broad categories; primary stakeholders and secondary stakeholders. Primary stakeholders in this project refers to any individual or group that is directly affected by, or that believes it is affected by, the project. Under RUDP phase 2, there are three sub-categories of primary stakeholders; • Project Affected Persons (PAPs) affected as individuals & Project affected Households (PAHs) - affected family(s) • Project affected institutions (PAIs) - affected institutions both private and public • Utility and telecommunication service providers The second group under primary stakeholders is any individual or group that can play a significant role in shaping or affecting the project, either positively or negatively. This may include the host community in the event the project occasions relocation of affected persons or group to a different geographical location. Secondary stakeholders in this project (RUDP phase 2) include; Project proponents – districts’ Administration of the six secondary cities; Huye, Musanze, Rubavu, Nyagatare, Muhanga and Rusizi, Line government agencies and ministries; Ministry Muhanga city RAP Report Final 5-2 November 2019 of Local Government, Ministry of Infrastructure, Local Administrative Development Entities Authority, Rwanda Housing Authority, Residents of Project Cities, NGOs working in the project area, and all parties with an interest in the project( local communities, road users, media etc.) and the Project Financier (World Bank). Early consultation of aforementioned primary stakeholders helps to manage public expectations concerning the impacts of the project and its expected benefits. Subsequent consultations provide secondary stakeholders opportunities to negotiate compensation packages and eligibility requirements, resettlement assistance, and the timing of resettlement activities. 5.3 Stakeholder Engagement Stakeholders were engaged through: • Public Sensitization meetings • One on one interviews during the door to door survey; • Key informant interviews. • Validation workshops 5.3.1 Public Sensitization Meetings Public sensitization on the project was done during ‘Inteko Y’abaturage’ (local community meetings held every Tuesday across the country). The meetings bring together members of the community in given village to discuss matters of interest to the community members and also solve any conflicts amongst the village members. With the support of the village leaders; RUPD phase 2 project was selected as one of the agendas of ‘Inteko Y’abaturage held on Tuesday, 21st May 2019 but in MUHANGA the sensitization was conducted in two session one was during Inteko Y’abaturage and another one took place on UMUGANDA (the last Saturday of each month where all Rwandese participate in public work) on 25th, May 2019 in SHYOGWE and NYABIHU sector. Public sensitization was prioritized in the meetings so the consultant was allocated time in aforesaid meetings to present the agenda of RUPD phase 2 project. The public sensitization agenda and ensuing discussion are presented below; • Sensitisations of primary stakeholders on RUDP phase 2 projects. The stakeholders were brief at length on; a) Project components and specific location of the projects within the city that would be implemented under RUDP phase 2 i. Prioritized street Roads alongside supportive trunk infrastructure. ii. Prioritized Footpaths and Muhanga city RAP Report Final 5-3 November 2019 iii. Prioritized Stand-alone drains. b) Project implementation corridors for roads i. 14m road Corridor ii. 11m road corridor iii. 8m road corridor • The Consultant team explained anticipated impacts (economic, social and environmental) of the project subcomponents including probability of partial or full expropriation of land and developments thereon to pave way for construction of MUHANGA city project components under RUDP phase 2. • Setting and agreeing on the cut- off dates for compensation as per World Bank’s O P 4.12; Sensitization on cut-off dates was done during the public meetings. The cut-off date for MUHANGA city was set for 27th May 2019, which marked the end of census for MUHANGA city. • Discussions and agreement on the schedule and modalities for the household survey (census, enumeration and valuation exercises). These included an explanation of the PAPs roles in the exercise including the documentation required during the census and the valuation activities; A summarised Collection and collation of comments on resettlement and the outcomes are presented in Table 5-1 overleaf. 5.3.2 One on One Door to Door Interviews and Key Informant Interviews (a) Project Affected Persons/Households Consultations were conducted by use of questionnaires. A team of 18 enumerators with expertise and tools to administer questionnaires using Kobo Toolbox (a free open- source tool for mobile data collection - The app allows an enumerator to collect data in the field using mobile devices such as mobile phones or tablets, as well as with paper or computers) undertook socio economic survey and census in MUHANGA district on, 24th, 26th, 27thConsequently, 27th which marked the end of the census for MUHANGA city was the cut-off date. The exercise targeted enumeration of the project affected persons and identification of project affected institutions in MUHANGA city. The target was to enumerate 100% of the PAPs. A few PAPs especially those operating informally along the road corridors informed the enumeration team that the frontages (where their business is located) belonged to the government since they were road reserves and therefore did not see the need to fill the questionnaires. During the two days enumeration exercise, about 85% of PAPs were enumerated. The remaining 15% of PAPs were followed up as call-backs (the PAPs were reached through phone calls - mobile phone numbers shared by neighbours or relatives) where meetings were set up for enumeration. Enumeration of the remaining 15% PAPs that were not identified during the social economic survey period was completed on 28th, May. Muhanga city RAP Report Final 5-4 November 2019 (b) Project Affected Institutions During the survey exercise, it was established that 2 institutions were partially affected and may therefore require valuation of earmarked section (land and developments thereon) for expropriation purposes. During the survey exercise postal addresses and telephone numbers of individuals in charge of these institution was collected. Official communication on planned valuation and subsequent partial expropriation of land and asserts of these institutions was sent by the project proponent – MUHANGA district administration. The list of affected institution is shown below. 1. ADEPR Gahogo. 2. GOSHEN holy church. (c) Institutions and service providers PAPs also included Government entities and private companies which provided vital amenities and services such as electricity, water, telecommunication services etc. Below are companies that were affected: 1. MTN; 2. AIRTEL; 3. REG (Rwanda energy group); and 4. WASAC (water Sanitation Corporation). All utility and telecommunication service providers have been contacted by LODA and a budget was set aside for relocation of the pipelines, telecommunication service lines and electricity distribution and transmission mains. 5.3.3 Validation Workshop Validation workshop was held in all the six secondary cities. PAPs who attended the workshop had a one-on-one secession with enumerators who validated data of the PAPs captured during the socio-economic survey. During the validation workshop probable vulnerable PAPs were identified and interviewed at the side-line of the workshop to access if they meet the vulnerability household according to World Bank involuntary resettlement policy. Focus Group discussions were also conducted with affected community regarding the RAP strategy for livelihood restoration. The group discussions served as a basis for consultation on the types of assistance proposed by the RAP consultant as well as subsequent participation of PAPs in RAP implementation. PAPs data was verified, passport photos of the PAPs were also taken to act as a second layer of identification over above use of Names of the PAPs and passport/identify card Muhanga city RAP Report Final 5-5 November 2019 numbers. One Validation workshop for MUHANGA was held at Nyamabuye sector office on 02th, July 2019. 5.3.4 Summary of Public consultation and stakeholder Engagements. The following activities summarizes the public consultation and stakeholder engagement in Muhanga secondary city; 1. Two sensitization meetings were held in Muhanga city on 21st and 25th respectively. 2. One on One meetings were then held with the PAPs through a census and social- economic survey carried out in Muhanga from 24th to 27th May 2019 where a total of 117 households and 72 Businesses were identified. 3. Four key informant interviews were conducted with PAIs and another 4 conducted with the key service providers between 24th to 27th May 2019 4. One validation workshop was held in Nyamabuye Sector meeting room on 2nd July 2019; ✓ PAPs One on One sessions with the enumerators for data validation ✓ Focused Group Discussions ✓ One on One sessions with the identified Vulnerable PAPs The minutes of the sensitization and validation meeting are attached as annex 2. Below is a table summarising the stakeholder engagements in Muhanga District. Table 5-1: Summary of Public consultation and Stakeholder engagements Consultation Venue Date Meeting Participants Number of PAPs present forum by Gender. Sensitization Gahogo 21st o Local leaders- Total 162 meeting May District Valuer and 70- Women 2019 Village leader. 92-Men Nyamabuye, 25th o Consultant- RAP Total 211 Murambi May expert, Assistant 93- Women 2019 project Valuer, Two 118-Men Assistant RAP experts and one sociologist. o One Data Expert o PAPs Census & Door PAHs and 24th- The exercise was conducted by enumerators. Methodology to Door Affected 23rd used explained in subsection 5.3.2 above Interviews business May place/premises 2019 Muhanga city RAP Report Final 5-6 November 2019 Key 23th, Loda Kigali hotel N/A informants’ April Consultant workshop District officers (district valuers, social protection officers and environment officers) Focus Group Nyamabuye 2 nd Selected PAPs Women with Women PAPs (10) Discussions (2) Sector July Women members of GRCs GRCs members (2) • Women meeting room 2019 • Youth Selected PAPs Youth with Youthful PAPs (8) youthful members of GRCs GRCs members (2) Validation Nyamabuye 2nd o Local leaders- Total 222 Sector July District Valuer and 89- Women meeting room 2019 local leader. 133-Men o One Data Expert o Consultant- RAP expert, Assistant project Valuer, Two Assistant RAP experts and one sociologist. PAPs o Land Valuer (2) o Photographer (1) 5.4 Outcomes of the Stakeholder Engagement Program From the stakeholders’ participation, the Key issues raised and responses provided are presented in Table 5-2 below. Table 5-2: Issue Response Matrix. Issue Comment Response Notice to vacate The PAPs requested to Adequate (Approximately 3 months be given adequate prior) Notice shall be issued prior to any Notice to vacate prior to demolitions by the project proponent. demolitions to pave This shall be done in good time and with way for the project. involvement of the local government. Are we going to get The PAPs were Yes. During the expropriation inventory a good payment on concerned about the and process all standards stated by our properties? amount of money they Rwandan expropriation law and World Muhanga city RAP Report Final 5-7 November 2019 Issue Comment Response will be compensated Bank involuntary resettlement shall be with. enforced. What are the Many peoples wanted It will depend on what the government compensation to know if they will be will see as the best option and they will options available? paid in money or if they be consulted first in order to get a good will get another option which will satisfy them. And equivalent land or if during the survey the compensating there is other option will be included. possibility. During the survey PAPs were concerned During the survey, enumerators shall how shall we about the security of the introduce themselves and inform you on differentiate you information that will be the project. You are also requested to and others who shared during the provide facilitation and required might have other survey information. interest? Valuing affected The PAPs were They will be valuated too, and the assets (crops and concerned about their owners will get their compensation trees) crops and trees because payment. they thought that it will not be valuated. What about Some PAPs were Cultural heritages, cemeteries, graves properties with concerned about special and other cultural assets shall be special cases like cases like graves and identified and avoided as per the grave and etc. other cases like culture national laws and World Bank Cultural properties. heritage operational policies. 5.4.1 Perception of PAPS - Proposed RUDP PHASE 2. From the public consultations, interviews, stakeholders’ engagement, the beneficiaries and affected persons overwhelmingly supported the project and they were ready to cooperate to ensure the project is implemented within the shortest time possible. 5.5 Future Stakeholder Engagement 5.5.1 Future Stakeholder Engagement by Muhanga District Administration The study report proposes that MUHANGA district administration should disclose the RAP study findings as follows: ` DISCLOSURE OF PARTICULARS OF AFFECTED PAPs MUHANGA district should liaise with MININFRA for publication of expropriated properties (formal land owners). The subsequent activities including public hearing Muhanga city RAP Report Final 5-8 November 2019 would then follow the requirements of the Expropriation Law of Rwanda ( N° 32/2015 of 11/06/2015). GRIEVANCE HANDLING AND RESOLUTION MECHANISMS Stakeholder engagement should include grievance handling and resolution. Modalities for the implementation of this RAP are as proposed in Chapter 9 of this Report. MONITORING AND EVALUATION Stakeholder engagement during monitoring and evaluation phase of RAP implementation has been designed to include participatory assessment as outlined in Chapter 10 of this Report. 5.5.2 Approval and Disclosure of the RAP The final RAP will be approved by the Government of Rwanda and the World Bank and subsequently disclosed locally with translation of the executive summary into a language that the PAPs understand (Kinyarwanda). It will also be disclosed in the World Bank external website. For any changes made to the RAP the same approval and disclosure protocols will be followed. See photologs overleaf depicting consultation forums held. Muhanga city RAP Report Final 5-9 November 2019 Figure 5-1: Photolog showing consultation Forums Plate 5-1 local enumerators during the training. Plate 5-3 sensitization meeting in MUHANGA district NYABIHU Plate 5-2 sensitization meeting in MUHANGA district SHYOGWE sector sector. Plate 5-6 RAP experts briefing PAPs at validation workshop Plate 5-4 Experts meeting to plan the validation workshop. Plate 5-4 PAPs attendingPAPs validation workshop at the sector office Plate 5-6 6 enumerators interviewing the PAPs during the validation Plate 5-5 MUHANGA attending the validation workshop in workshop. NYAMABUYE sector office. Muhanga city RAP Report Final 5-10 November 2019 6 IMPACTS OF THE PROJECT 6.1 Background This chapter outlines the resettlement impacts that the Project’s land expropriation process sets to induce. It also provides a general guideline and action plans for mitigating involuntary resettlement impacts according to World Bank safeguard policies and complimentary national laws and policies of the Republic of Rwanda in relation to RUDP phase 2. As detailed in chapter 2 of this report, only roads project subcomponents in Muhanga city would induce involuntary resettlement. The other two project subcomponents (standalone drains and footpaths) would not require any land acquisition thus have no resettlement impacts. The four project roads whose implementation would lead to involuntary resettlement are; 1) Nyabisindu-CAF Isonga Asphalt Road 2) ICK-ADEPER-Methodist Church Asphalt Road and Connection 3) ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road 4) Cyakabiri-Misizi Asphalt Road. 6.2 Expected Impacts 6.2.1 Positive impacts Identified Priority Projects for Muhanga City are presented in detail in chapter two of this report. The general positive benefits of these roads are highlighted below: (a) General Positive Impacts for upgrading of identified roads 1. Will improve connectivity within the project area. 2. Will reduce travel time thereby increasing business activities. 3. Increased land values. 4. For the utility service providers, the decommissioning and installation of new lines may result to upgrade of their services by installing new cables and duct routes as well as new and improved water pipes; 5. New duct routes for the telecommunication service providers may attract new customers which is an advantage to their businesses. Muhanga city RAP Report Final 6-1 November 2019 (b) Positive Impacts for Construction of Stand-alone Drains ✓ Better storm water flow reducing possible flooding downstream towards the marshland. ✓ Improved drainage ✓ Reduced effects of flooding and soil erosion ✓ Improved sanitation on the area activities. 6.2.2 Negative impacts (a) Resettlement & Expropriation Impacts of RUDP Phase 2 in Muhanga Secondary City Table 6-1 & 6-2 over leaf provides a summary of RUDP phase 2 Resettlement & Expropriation impacts for upgrading the three project roads. Muhanga city RAP Report Final 6-2 November 2019 Table 6-1: RUDP phase 2 Resettlement Impacts for Selected Road Corridors 1. INFORMAL BUSINESS TRADERS IMPLEMENTATION IMPACTS MITIGATION Applicable mitigation measures part ‘B’ & ‘D’ in the Majority of the PAPs (43) were operating along the roads. entitlement matrix. ✓ Thirty-four (34) out of seventy-two (72) informal business PAPs were women while the fifteen (15) of the sixty-seven (67) properties that would be ✓ Livelihood restoration programs for (14) 3rd expropriated are owned by women or jointly owned by a married couple. category PAPs. Three Categories; Except for the 3rd category (with 14 PAPs), category (1) 1st Category; Small scale traders selling fresh farm produce like fruits and & category (2) PAPs had no permanent trading areas. vegetables. These traders had no structures of any sort (makeshift or movable), They mostly moved from place to place. They are therefore not restricted to the project roads only. they were mostly selling from large basins, sacks or simply lay their wares on the ground. 2nd Category: Traders who had easily movable business shelters like large umbrellas and stools for airtime vendors or handcarts. They align themselves strategically along the roads with high Origin-Destination traffic especially pedestrian e.g. to places of worship, schools, market or shopping centres etc. 3rd Category: located along the project roads and had some form of makeshift structures for daily businesses or somehow operated from the same location even without any business premises every business day 2. AFFECTED PROPERTIES IMPLEMENTATION IMPACTS MITIGATION Break Down of Affected Assets (Land, Structures and Crops) Road Road Affected No. of No. Of corridor Name Properties affected Property Assets (Land Assets (Land & Crops) and Structures Muhanga city RAP Report Final 6-3 November 2019 8m Cyakabiri- 54 40 21 Misizi Asphalt Road. Nyabisindu- 34 9 33 ❖ A total of (54) properties are affected along CAF Isonga Cyakabiri-Misizi Asphalt Road. forty (40) out of the Asphalt Road 54 affected properties have crops and land affected while 21 out of 54 affected properties have structures ICK- 5 2 5 ADEPER- and land as the main affected assets. 33 properties Methodist have land as the only affected asset. Church Asphalt Road and ❖ A total of (34) properties are affected along Connection Nyabisindu- CAF Isonga Asphalt Road. Nine (9) out of the 34 affected properties have crops and land ICK- 13 7 11 affected while 33 out of 34 affected properties have ADEPER Ruvumera- structures and land as the main affected assets. Only Nyabisindu one (1) property has land as the only affected asset. Asphalt Road ❖ Only five (5) properties are affected along ICK- ADEPER-Methodist Church Asphalt Road and Connection. Two out of the five affected properties have crops and land affected while 5 have structures and land as the main affected. ❖ A total of thirteen (13) properties are affected along ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road. Seven (7) out of the 13 affected properties have crops and land affected while 11 out of 13 affected properties have structures and land as the main affected assets. Only 2 property has land as the only affected asset. Muhanga city RAP Report Final 6-4 November 2019 Total 106 58 70 5. DISPLACEMENT IMPACTS IMPLEMENTATION IMPACTS MITIGATION Entire loss of land or partial loss where residual is not Road Road Name Partially Affected Fully Affected Properties (Full viable accounts for thirteen (41) properties representing corridor Properties Expropriation) 39% of affected properties. (Partial Muhanga district admiration would follow section ‘A’ Expropriation) (Loss of Residential / Commercial / Institutional Land) of the entitlement matrix to mitigate adverse impacts of the project ✓ According to the entitlement matrix, Muhanga district administration would acquire all lands if the residual land is not economically viable for the owner. 8m Cyakabiri- 40 14 ❖ In terms of implementation displacement impacts, Misizi Asphalt Road. eight (14) parcels are entirely affected along Nyabisindu- 16 18 Cyakabiri-Misizi Asphalt Road, with a part within CAF Isonga the right of way corridor and another within the way Asphalt Road leave corridor and /or the residual land unable to ICK- 4 1 support existing land use post expropriation phase. ADEPER- Eighteen (18) parcels and properties are entirely Methodist Church affected along Nyabisindu- CAF Isonga Asphalt Asphalt Road Road. Similarly, four (1) and one (8) property(s) are and entirely affected along ICK-ADEPER-Methodist Connection Church Asphalt Road and Connection and ICK- ICK- 5 8 ADEPER Ruvumera-Nyabisindu Asphalt Road ADEPER respectively. Consequently, affected business Ruvumera- entity(s) or households would have to be relocated Muhanga city RAP Report Final 6-5 November 2019 Nyabisindu elsewhere to pave way for proposed upgrading of the Asphalt Road road. From the foregoing, these affected land parcels would be expropriated in totality ❖ Some properties along the project roads would not be partially affected and therefore have no displacement impacts. Forty (40) and (16) parcels are partially affected along Cyakabiri-Misizi Asphalt Road and Nyabisindu- CAF Isonga Asphalt Road respectively. Similarly, four (4) and five (5) property(s) are partially affected along ICK-ADEPER-Methodist Church Asphalt Road and Connection and ICK- ADEPER Ruvumera-Nyabisindu Asphalt Road respectively. These parcels fall partly within the way leave corridor and unaffected section is viable to support existing land use. This means that the section within the right of way corridor and within the way leave corridor would be acquired while unaffected section would not be expropriated. In this scenario there is no displacement impact occasioned by the project and the section of the land hived-off would be compensated at full replacement cost Total 65 41 6. LAND USE OF AFFECTED PROPERTIES IMPLEMENTATION IMPACTS Road Road Residential Commercial Public Twenty nine (29) formal business operators and two (2) corridor Name Purpose and public purpose institution are affected. Economic losses Educational of the project are low. Muhanga city RAP Report Final 6-6 November 2019 Applicable mitigation measures part ‘B’, ‘D’ & ‘C’ in the entitlement matrix. 8m corridor Cyakabiri- 12 7 1 ❖ A total of twelve (12) residential properties, seven (7) Misizi commercial properties are affected along Cyakabiri- Asphalt Misizi Asphalt Road. Only one public purpose Road. institution is affected along this road. Nyabisindu- 14 19 0 ❖ Fourteen (14) residential properties and nineteen (19) CAF Isonga Asphalt commercial properties are affected along Road Nyabisindu- CAF Isonga Asphalt Road. ❖ Three (3) residential properties, one (1) commercial ICK- 3 1 1 property and one (1) public purpose institution are ADEPER- affected along ICK-ADEPER-Methodist Church Methodist Asphalt Road and Connection. Church Asphalt ❖ Nine (9) residential properties and two (2) Road and commercial properties are affected along ICK- Connection ADEPER Ruvumera-Nyabisindu Asphalt Road. No public purpose institution is affected along the same ICK- 9 2 0 road. ADEPER Ruvumera- Nyabisindu Asphalt Road Total 38 29 2 Muhanga city RAP Report Final 6-7 November 2019 Table 6-2: RUDP phase 2 Expropriation Impacts of proposed Road Corridors Road Road Size of Value of Land Value of above Ground Length Land Expropriated Properties/ Assets. (km) Acquired (At Full (At Full Replacement Costs) (m2) Replacement Structures Crops & cost) standing Trees Cyakabiri- 2.47 4855.5 20,267,160.00 143,989,540 13,683,077 Misizi Asphalt Road. Nyabisindu- 1.25 3,377.86 2,220,000.00 236441528.303 2,100,916.40 CAF Isonga Asphalt Road ICK - 1.1 370.00 4478400.000 37919441.446 43,500.00 Methodist Church Asphalt Road and Connection ICK- 0.9 746.40 24,665,220 1179718.200 41168858.587 ADEPER Ruvumera- Nyabisindu Asphalt Road Total 5.72 9,349.76 26,965,560.00 315,529,828.3 3,324,134.60 6.3 Proposed Entitlement Matrix Eligibility for compensation for this project is guided by legal provisions and policy guidelines according to the Rwandan Constitution (Article 29), the Expropriation Law of Rwanda (N° 32/2015 of 11/06/2015) and the World Bank’s operational policy, WB OP 4.12. These documents regulate and give entitlement to the affected persons and institutions. Based on review and interpretation of laws relating to valuation in Rwanda in particular the Rwanda expropriation law and the constitution of Rwanda, the provisions in these key pieces of legal statues and legislative frameworks do not meet the standard of compensation at full replacement cost. One of the key gap identified is whereas WB OP 4.12 policy recognizes the affected persons as ‘one using the land at the time, whether or not they have written customary or formal tenure rights’, while according to Rwandan Expropriation Law the person to be expropriated is defined as ‘any person or a legally accepted association operating in the country who is to have his or her private property transferred due to public interest as well as legally accepted local administrative entities’. Form the foregoing, Rwandan laws have to be supplemented by Muhanga city RAP Report Final 6-8 November 2019 additional measures as provided in the World Bank involuntary policy so as to meet the replacement cost standard. The use of replacement cost valuation method for valuing assets is recommended by World Bank operational policy 4.12. In this context, ‘Replacement Cost’ in relation to agricultural land earmarked to undergo expropriation under this project was defined as the pre-project or pre-displacement, market value of land of equal productive potential or use located in the vicinity of the affected land, plus cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes whichever is higher. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure within an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials, to the construction site, plus the cost of any labour and contractors’ fees, plus the cost of any registration, building permit(s), and transfer taxes. In compliance with WB policy 4.12 policy provisions, “determination of aforesaid replacement cost”, would not take into account depreciation of the asset(s) and the value of salvaged materials. Similarly, the value of benefits to be derived from the project would not be deducted from cumulative value of the asset. 6.3.1 Resettlement & Expropriation Impacts Mitigation From the foregoing analysis, Project affected persons are affected differently due to varying losses occasioned by planned expropriation to pave way for project implementation. There are five (5) main losses that adversely affect PAPs/PAIs entitlements necessitating some form of mitigation or compensation for smooth implementation of the project. For purposes of preparing an entitlement matrix to guide in mitigation of the project resettlements impacts, the losses are categorised into 5 main categories. 1) Category ‘A’ Loss of Residential / Commercial / Institutional Land. (Entitlement Unit – Land Owner, Tenant or lease holder (current user of the land) a. Partial loss of land but residual is viable economically enough b. Entire loss of land or partial loss where residual is not viable Muhanga city RAP Report Final 6-9 November 2019 2) Category ‘B’ Loss of Residential and Non-Residential Structures Including business premises (Entitlement Entity - Dwelling Unit(s) Owner, Business Premises Owner, tenant, Lease holder (current user of the land) and squatter a. Fully affected / partially affected and remaining structure is non-viable (Owner Built) b. Loss of occupied portion (Tenant and informal business operators) and squatter 3) Category ‘C’ Loss of crops including standing trees (land owner, tenant, Lease holder (current user of the land with standing crops/trees) and squatter 4) Category ‘D’ Loss of Livelihood a. Land based livelihoods; (Entitlement entity - Agri-business Farmer) b. Wage based livelihoods (Entitlement entity - Workers/employees of affected entities) c. Enterprise-based livelihoods (Affected Established and nascent entrepreneurs and artisans) d. Squatters will be included for b and c. Proposed project implementation also affects a special category of PAPs (in this project classified as category ‘E’ - vulnerable groups). According to WB safeguard policies, a safety net should be provided for vulnerable PAPs affected by Bank funded projects to cushion these PAPs from adverse impacts of the projects over and above basic compensation for lost entitlements. Based on an in-depth socio- economic survey and census exercise conducted to determine socio-economic profile of the PAPs, vulnerable PAPs were identified based on the following socio- economic indicators; 5) Category ‘E’ Assistance to Vulnerable Groups a. Highly vulnerable households (Elderly living alone, disabled, or household headed by women) b. Highly vulnerable households (low literacy level and limited ability to qualify for employment and low income) c. Highly vulnerable households (pre-existing medical condition and low income) Muhanga city RAP Report Final 6-10 November 2019 6) Category ‘F’ Impact on Public Utilities a. Relocation of utilities b. Temporary Interferences of service provision From the foregoing, a project entitlement matrix was prepared based on evaluation of impacts of selected road options for implementation to guide in mitigating envisaged adverse impacts (see table E3 and table 6-6). Figure 6-1 over leaf illustrates adapted compensation strategies that would be employed in this RAP for Muhanga city. In view of the above, the proposed entitlements are as summarised in Table 6-3 below Table 6-3: Entitlement Matrix. S/ Type of Loss Unit of Entitlements N Entitlemen t A. Loss of Residential / Commercial / Institutional Land A1 Partial loss of land but Title • Cash compensation at full residual is viable Holder replacement cost. economically enough • A 5% Disturbance allowance Tenant / • Advance notice to vacate Lease Holder A2 Entire loss of land or partial Title • Cash compensation for loss where residual is not Holder entire land holding at full viable replacement cost (Acquire all lands if the residual land is not • 5% Disturbance allowance economically viable for the replacement cost owner.) Tenant / • Advance notice to vacate Lease Holder B. Loss of Residential and Non-Residential Structures (Including “business premises’’) Muhanga city RAP Report Final 6-11 November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t B1 Fully affected / partially Owner • Compensation for the affected and remaining structure at full structure is non-viable (Owner replacement cost Built) • 5% Disturbance allowance (to cater for demolition, moving fee etc. or economic loss in case of a business premise) • Right to salvage material; • Advance notice to vacate. B2 Loss of occupied portion Tenant and • Incorporated into formal informal trading areas business tenants • Six (6) months paid rent for the new trading area. • Advance notice to vacate in accordance with the tenancy agreement; • Re-imbursement of remaining worth of deposit on rent and good will C. Loss of Standing Tree Crops C1 Tree All • Compensation at full Cultivators replacement cost for any non-food trees, shrubs / permanent grass based on economic value for tree and vegetation. D. Loss of Livelihood D1 Land based livelihoods; Agri- • Physical preparation of the business farm land (clearing, Farmer levelling, creating access routes and soil stabilization Muhanga city RAP Report Final 6-12 November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t • Fencing for pasture or crop land • Agricultural inputs (seeds, seedlings, fertilizer) • Government Extension services like veterinary care D2 Wage based livelihoods Workers/e • On-Job-Training and mployees consideration in Muhanga of affected RUDP phase 2. entities • Provision made in contracts with project subcontractors for employment of qualified local workers • Link up with local NGOs and government entities providing small-scale credit facilities to finance star up enterprises D3 Enterprise-based livelihoods Affected • Sponsored Established entrepreneurship training and nascent in business planning, entrepreneu marketing, inventory and rs and quality control) artisans • Procuring goods and services for the project from affected local suppliers. E. Assistance to Vulnerable Groups E1 Special assistance for Highly • Assistance to move vulnerable households or vulnerable persons households (Elderly Muhanga city RAP Report Final 6-13 November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t living alone, disabled, or Child headed households ) Highly • Priority consideration for vulnerable non-skill labour in households Muhanga RUDP phase 2. (low literacy level and limited ability to qualify for employmen t and low income) Highly • Facilitation of government vulnerable provided medical services households or insurance of free (pre- medical cover. existing medical condition and low income) F. Impact on Public Utilities Relocation of utilities Telecommu • Redesigning, relocation nications and prompt repair of companies damaged utilities or service lines infrastructure REG within project costs as per F1 (Rwanda contractor’s terms of energy service. group) o The relocation and repair will be done by the project Muhanga city RAP Report Final 6-14 November 2019 S/ Type of Loss Unit of Entitlements N Entitlemen t WASAC contractor(s) in (water and collaboration with sanitation the service corporation providers progressively depending on how works progress on the ground • Provision of common service ducts on the roads way leaves Temporary Interferences of • 3 to 4 months’ notice to service provision relocate the services F2 • Measures taken to ensure minimum service disruption (a) Principles of the Entitlement Matrix ➢ A participatory framework for consultations with affected persons and communities. Local authorities, non-governmental organizations (NGOs) and other key stakeholders was utilized when preparing the entitlement matrix; ➢ Provision of compensation for loss of land and other assistance where necessary, for those who have formal legal rights to land, and those who do not have formal legal rights to land at the time the census was beginning but had a claim to such land or assets; • Support after displacement, for a transition period, based on reasonable estimate of the time likely to be needed to restore PAPs livelihood and standards of living; and • Development assistance such as land preparation, credit facilities, training, or job opportunities in addition to compensation measures; ➢ Provision of resettlement assistance in lieu of compensation for the land they occupy and other assistance as necessary, for those who have no recognizable legal right or claim to the land they are occupying if they occupied the project area prior to the cut cut-off date. In this regard resettlement may, as appropriate to the World Bank OP4.12, consist of Muhanga city RAP Report Final 6-15 November 2019 helping the PAPs with seeds, cost of preparing gardens, and transport to new locations. ‘resettlement assistance’ in this context 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; and ➢ Provision of compensation for loss of assets and other land, impact on livelihoods, as well as costs involved in resettlement actions to all persons who qualify for compensation. (i) Loss of Livelihoods Livelihood losses induced by proposed project are analysed in detail in chapter 4, subsection 4.7.2 on income sources of project affected persons/households. PAPs sources of income (business, agribusiness and employment) were analysed and impacts of the project on the sources of income established on the following livelihoods; ▪ Land based livelihoods - No Livelihood loss was established. ▪ Wage based livelihoods - No Livelihood loss was established. ▪ Enterprise-based livelihoods - Livelihood loss for a few informal PAPs established. This project has made provision for livelihood restoration program that seeks to secure these businesses losing trading spaces (3rd category of informal PAPs). The same some consideration will be made to other informal business PAPs in the other categories who wish to secure formal trading spaces as well. Muhanga district administration has agreed to relocate these categories of PAPs to existing nearby formal markets (where they would have more customers). Table 6-4 below shows proposed Enterprise-based livelihood restoration program for Muhanga city. The program is meant for (14) PAPs but the district is willing to enrol (50) PAPs from the other category of PAPs in the informal business if they opt to be enrolled in the program. From the social economic survey, it was established that very few Business PAPs from the other two categories were willing to move to the formal markets. Muhanga city RAP Report Final 6-16 November 2019 Table 6-4: Livelihood Restoration Action Plan Program Affected Action Actors Inputs Expected Budget in Time PAPs outcome RWF Frame • Enterprise- • 14 • Allocated Muhanga • Trading • Reduced • 1,260,000 • June based informal alterative trading District spaces in informality 2020- livelihoods business areas in existing Administration formal • Increased June restoration PAPs formal nearby markets tax 2021 program markets. collection • Six (6) months paid rent for the new trading area. • Government Muhanga • Finance • -Increased • 1,200,000 • entrepreneurship District • Expertise business training in Administration record business planning, marketing, Local NGOs inventory and quality control • Link up with Muhanga • -Increased Nil • local NGOs and District business government Administration start ups entities providing • small-scale credit facilities to finance star up enterprises Muhanga city RAP Report Final 6-17 November 2019 (ii) Relocation of public utilities The project will result in the relocation or temporary interferences of some public utilities. These utilities play an important role and therefore change due to their relocation will be felt. Some of the impacts will include: o Outages of services; o Damage of infrastructure; o Loss of revenue and customers; o Congestion on utility services way leaves thus hampering expansion of network; o Disruption of orderly services to their customers; o Loss of water; o Contamination of clean water; and o Increased operation costs. Table 6-5 and 6-6 below indicates the utility and service providers identified on site and their action plan respectively. Table 6-5: Identified utility and service providers. Institution in charge of asset Affected asset Telecommunications companies Fiber Optical Network Cables REG (Rwanda energy group) Power lines, polesand transformers WASAC (water and sanitation Water pipes corporation) Muhanga city RAP Report Final 6-18 November 2019 Table 6-6: Institution and Service Providers Relocation Action Plan • Institution • • Affected asset Action • Actors • Inputs • Expected outcome• • Budget (RWF) Time Frame • Telecommunications• Fibre Optical • Redesigning, • - Contractor • Finance • Uninterrupted • • Before companies Network relocation and • - • Affected Manpower/Labour telecommunication • Ground Cables prompt repair of Telecommunications • network 101,000,000 Breaking damaged utilities or companies • service lines within • • • REG (Rwanda energy Poles, project costs as per • - Contractor • Finance • Continued energy contractor’s terms group) powerlines and • - REG (Rwanda access transformers of service energy group) • 3 to 4 months’ • • WASAC (water and Water pipes • - Contractor • Finance • Continued water notice to relocate sanitation • - WASAC (water • supply the services corporation) and sanitation • Measures taken to corporation) ensure minimum service disruption • Provision of common service ducts on the road’s way leaves Muhanga city RAP Report Final 6-19 November 2019 Figure 6-1: Illustration of Compensation Strategies for PAPs/PAIs OWNERSHIP SITUATIONS STRATEGIES FOR COMPENSATION SITUATION 1 Cultivation may continue within the way leave SITUATION 1 corridor subject to height limitations. The loss The plot lies partly of value resulting from this limitation will be within the way leave compensated for in cash corridor and is partly unaffected. No structure. SITUATION 2 Land in the way leave will be subject to same SITUATION 2 limitations as in situation 1 and loss of value will be compensated on same basis. All right The affected plot is partly on land within the right of way will be within the right way of compensated for as if the land had been corridor, and partly acquired. Perennial crops on this strip will be unaffected. No Structure. compensated as well. Land for land compensation/cash compensation at full replacement cost will be offered as an option if the remaining land is not sufficient for the household. SITUATION 3 SITUATION 3 Sameas2. Land for land compensation/ cash The whole plot is affected, compensation at full replacement cost as an with a part within the right of option if the household does not have way corridor and another sufficient land elsewhere within the way leave corridor. No Structure. SITUATION 4 SITUATION 4 As far as land is concerned, situation 4 is There is a structure in same as situation 2, but the structure has to be affected part of the plot. relocated. If the household can relocate within unaffected part of their plot and the remainder is sustainable same as situation 2, with the addition of the cash compensation for the structure. Otherwise, an option between land for land and cash compensation SITUATION 5 will be offered, together with a replacement SITUATION 5 structure if the household chooses land for The PAPS must move, they will be offered The whole plot is affected land compensation. land for land compensation and a and there is a structure replacement house they may prefer within the corridor. cashcompensation themselves Land use restrictions SITUATION 6 SITUATION 6 There is a structure in the unaffected part of the The structure does not have to be removed. Situation 6 is the same as situation 2 Adapted from IFC handbook for Preparing a Resettlement Action Plan-IFC (2002) and modified for RUDP phase 2 A/RAPs Muhanga city RAP Report Final 6-20 November 2019 6.3.2 Compensation Alternatives During the social economic survey exercise, compensation alternatives were presented to all PAPs (at individual or household level). Affected households/persons were required to select the compensation alternative(s) they preferred based on asset loss. A total of 117 households were consulted. 107 households responded to this question with 10 opting to consult before deciding on the preferred compensation option. The summary of compensation packages preferred by the PAPs is shown on figure 6.1 ▪ Monetary compensation at current market prices (preferred by 24 households) ▪ Monetary compensation at full replacement costs (preferred by 79 households) ▪ Relocation to alternative sites with same location advantages (preferred by 1 households) ▪ Any other preferred form of compensation (3 households affected by standalone drain opted to donate land for storm drain construction) Table 6-7: Compensation Packages Preferred by the PAPs. Monetary Compensation at current market prices 24 22% Monetary Compensation at full Replacement Costs 79 74% Relocation to alternative sites with same locational advantages 1 0.935% Others (Land donations) 3 0.03% During the validation workshop, PAPs’ preferred form of compensation was one of the key data sets that was validated. PAPs were sensitized more about available compensation options. Options that were presented were; “land for enrolment in the affordable housing program” for affected low cost housing mostly housing low income earners. PAPs were informed for one to be eligible for consideration under the project, the household or individuals’ entire land or residence should be wholly affected by the road option that would be implemented or partially affected with residual land not being viable for use by the PAP/PAIs. Land for land compensation option for other interested categories was also offered but subject to availability of the land that would be acceptable to the PAPs. It was reported that the district administration does not have alternative land to offer the PAPs in lieu of RoW acquired but consideration would be made for the PAPs who prefer this form of compensation. During the validation workshop no PAP expressed interest for in kind compensation (land for land). PAPs who had opted for this form of compensation rescinded this form of compensation. 6.4 RAP Implementation Budget Aggregate strip of land that would be acquired along Cyakabiri-Misizi Asphalt Road. measures about 7,981.74 m2 or thereabouts; Nyabisindu- CAF Isonga Asphalt Road - 3,377.86 m2. 370 m2 and 1,322.50 m2 would be expropriated along Roads ICK-ADEPER-Methodist Church Asphalt Road and Connection Muhanga city RAP Report Final 6-21 November 2019 and ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road respectively. To mitigate against loss of land and assets thereon, the entitlement matrix proposes compensation of lost assets at full replacement cost. Towards this end, the use of replacement cost approach for valuing land and assets thereon was employed in determining the cost of expropriation of the land and affected assets. (The methodology employed in valuing land and assets is described in detail in subsection 1.5.6 page 1-8). From the foregoing, expropriation was done at full replacement cost for residential and/or business affected assets. The economic loss (as in the case of business enterprises) or disruption such as moving fee (as in the case of residential property), arising from the project impact was also catered for and included in the expropriation budget. This was given inform of an additional 5% allowance pegged on the aggregate value of expropriation costs. This 5% allowance caters for disruptions and economic losses of the PAPs. The total cost of expropriation for Nyabisindu- CAF Isonga Asphalt Road is 271,750,084.94 RWF; 42,454,588.52 RWF for ICK-ADEPER-Methodist Church Asphalt Road and Connection; 49,168,325.63 RWF for ICK-ADEPER Ruvumera-Nyabisindu Asphalt Road and 191,480,569 RWF for Cyakabiri- Misizi Asphalt Road. An addition of 5% disturbance allowance for household PAPs and 5% economic allowance for Business PAPs is included in the total expropriation cost per road. Also, 20% of the total expropriation cost was provided to the district for contingencies. Therefore, total Expropriation for Muhanga district is 665,509,281.7 RWF as shown in table 6-12. The table shows Implementation Budget/Expropriation Costs for Muhanga Secondary City. The list of affected property owners alongside apportioned expropriation costs of lost assets is presented as separate volume of this report. (Volume II: Land and Asset Valuation Roll) Muhanga city RAP Report Final 6-22 November 2019 Table 6-8: Implementation Budget/Expropriation Costs for Muhanga Secondary City No. of land Value of Land Value of Crops Buildings value Total Additional Total ROAD parcels to be (RWF) (RWF) (RWF) Expropriation at 5%Disturbance expropriation expropriated full Replacement allowance (RWF) Cost (RWF) Cost Nyabisindu- CAF Isonga Asphalt Road 19 20,267,160.00 2,100,916.40 236441528.303 258,809,604.70 12940480.235 271,750,084.94 ICK-ADEPER- Methodist Church 33 2,220,000.00 40,182,941.45 Asphalt Road and 43,500.00 37919441.446 2009147.072 42,192,088.52 Connection ICK-ADEPER Ruvumera- 4 4478400.000 1179718.200 46826976.79 Nyabisindu Asphalt 41168858.587 2341348.839 49,168,325.63 Road Cyakabiri-Misizi Asphalt Road. 11 24,665,220 13,683,077 143,989,540 182,337,837 9,142,732 191,480,569 SUB-TOTALS 67 26,965,560.00 3,324,134.60 315,529,828.3 528,157,359.94 17,290,976.15 554591068.1 20% Contingency Budget 110,918,213.6 Total Expropriation cost 665,509,281.7 Costs of Restoring Livelihood Loss 2,460,000 Cost of Relocating Utilities 101,000,000 GRC Operationalization Budget 3,220,0000 M & E (The proposed M&E mechanism is internal; it will be done by existing staff from LODA SPIU and District) Nil RAP Implementation Budget Source: Field Survey, 2019 Muhanga city RAP Report Final 6-23 November 2019 7 INSTITUTIONAL ARRANGEMENT OF IMPLEMENTATION OF RAP 7.1 Existing Institutions of Relevance to this RAP Muhanga district administration is the project proponent in charge of implementation of the project while Local Administrative Development Entities Authority (LODA) and the Ministry of Infrastructure will act as coordination and supervision agencies. The following institutions are of relevance to the implementation of the RAP. This is in accordance with their mandates as per the laws of Rwanda. Table 7-1:Stakeholders/institutions to support RAP planning and implementation. Stakeholder Group Sub-sector / Agency Role/Contributions Government of Rwanda MINECOFIN • Coordinates the national budgeting, planning and financing framework. • Borrower for the RUDP and responsible for ensuring value for money Government of Rwanda MININFRA • Formulation of national policies and strategies; sector oversight, –Project Coordinating Unit budgeting and resource mobilization; overall sector performance monitoring for the country including urban areas and secondary cities under which this project is proposed. • Executing ministry of the RUDP • Leads coordination of key stakeholders including Provincial Administrations with the concern of Muhanga District, RGB, RHA, RTDA, LODA, WASSAC, RRA, and REMA& RDB among others. Project Local Administrative Entities • Finance development activities in local administrative entities with Proponent/Implementing Development Agency (LODA)- legal personality; serve as an intermediary between local agency Project Management Unit (PMU) administrative entities with legal personality and donors especially those involved in financing development activities in those entities; • Put in place mechanisms of distributing financial support in local administrative entities with legal personality; monitor the use of Muhanga city RAP Report Final 7-1 November 2019 funds allocated by LODA to development activities in the local administrative entities with legal personality; approved by decentralized entities; • Monitor the use of funds allocated by LODA to development activities in the local administrative entities with legal personality; establish strategies for creation of high intensive labor and assistance to those unable to perform such jobs and who are approved by decentralized entities; • Build capacities of local administrative entities with legal personality within the scope of LODA mission; • Coordinate government ‘s development activities in local administrative entities with legal personality; mobilize and collect funds • Responsible for management and disbursement of Resources; serve as the Project Implementation Management Unit through the Single Project Implementation Government Agency Roads and Transport Development • Implement Government policy on roads, railways, cable car and Authority, RTDA waterways transport infrastructures; • Manage and control national road network with a view to achieving road safety and maintenance; manage and control waterways transport infrastructure with a view of ensuring their value added; • Develop railway and cable car infrastructure in Rwanda; develop public transport service within the country on road and waterways. RTDA manages all the National Roads with in the secondary cities. RTDA is also the technical advisor to the District for planning and development of road networks in secondary cities. • Provision of technical backup and oversight for RUDP Muhanga city RAP Report Final 7-2 November 2019 Government Agency Rwanda Housing Authority, RHA • Serves as overall project manager on behalf of the State for all projects related to housing and construction including road and drainage infrastructure; • Advise the Government on the formulation of the policy on housing, urban development and construction; conduct regular and thorough assessment of the status of urban areas and construction in Rwanda and survey requirements for additional housing; • Promote and facilitate the provision of urban housing in Rwanda; advise the Minister in charge of urban housing and construction on the formulation of systems and procedures for the development of construction in Rwanda in accordance with the law; • Enforce compliance with the law on environmental protection aiming at developing urban housing and construction; obtain, maintain, operate, update and disseminate scientific, socioeconomic, and environmental data pertaining to urban construction; • Maintain and update a database of all public fixed and movable assets; advise Government on all mechanisms that may be used to improve urban spontaneous settlements; • Advise Government on recommended standards for urban construction; provide advice on all aspects of urban building including suitability, cost, use of local materials, construction procedures adapted to earth structures; • Develop programs and make proposals for the development of urban housing and implement such programs as approved by the Minister in charge of housing; • Update the relevant Minister on the status of construction in rural and urban areas and provide advice on appropriate improvements; Muhanga city RAP Report Final 7-3 November 2019 • Contribute to establish and promote grouped settlement. • Chairs the settlements upgrading committee (MININFRA, Muhanga district) • Will provide policy guidance and technical oversight on RUDP upgrading of Muhanga district. District Local • Responsible for the provision of access to basic services, including Communities Roads, water, sanitation and solid waste management. Local governments have financial autonomy (fiscal decentralization); own the top center infrastructure; are in charge of implementing urban projects; are encouraged to contract private operators for infrastructure O&M; prepare and implement consolidated district development plans Civil Society/ NGOs • Contribute to the implementation of Urban projects; participate in the Sector-Wide Approach and in coordination mechanisms at the district and national level; play a major role in solid waste management infrastructure O&M; prepare and implement consolidated district development plans. Communities • To be involved in project identification, planning and commissioning, as a matter of policy; form user committees to represent consumer interests; are in charge of the operation and maintenance of certain water infrastructures (community management). Collective sewerage projects (condominium type) will actively involve communities in planning, Operation & Management and possibly construction. Villages may assume a major role for the provision of sanitary facilities and local solid waste management. The sections below outline the particular mandates of the above. Muhanga city RAP Report Final 7-4 November 2019 7.1.1 7.1.1 Ministry of Infrastructure (MININFRA) The MININFRA was the project executing Ministry with the key role of coordinating the implementing agencies will have an oversight role over the implementing agencies and other key players including relevant Ministries (MINECOFIN, MINALOC, MINIRENA, MINICOM), Provincial Administrations with the concerned Muhanga District, RGB, RHA, RTDA, LODA, WASSAC, RRA, REMA & RDB among others. The oversight will include implementation of RAP, coordination and monitoring of implementation performance of the project, risk management, monitoring &evaluation and disclosure of information, developing and putting in place performance agreements, and developing and implementing the communication strategy for Urban Development Project. The Table 7-2 below gives the summary of responsibility and roles that should be played during the preparation and implementation of RAP. Muhanga city RAP Report Final 7-5 November 2019 Table 7-2:Roles and responsibilities of involved Persons and institutions. ORGANISATION RESPONSIBILITY ECMN and Eco lead Consultants Screening of sub-projects to identify resettlement and compensation requirements; Preparation of RAP; Work with Muhanga district to establish a grievance redress procedure; Consultation, public participation and grievance mechanisms; Responsible for ensuring that grievance mechanisms meet the requirements of the RPF legislation. LODA (The Single Project Implementation Unit comprises of the Supervising documentation for monitoring purposes, in accordance with procedures put in place by following technical expertise district Engineer as the RUDP the District authorities; Implementation Coordinator, a Financial Management Specialist Contracting and implementing physical works, according to agreed procurement procedures; as the finance and administration manager, and a Sociologist and Managing sub accounts (SOEs etc) according to agreed FM arrangements; an Environmental Expert as the social and environmental Providing quarterly financial reports on physical and financial progress; Safeguards oversight managers. Environmental and Social Safeguards Implementation; Informing and engaging citizens; Resolving Grievances and complaints; Ensuring availability of district officers. Muhanga district administration Review and sign off of all documentation (e.g. completed RAP, grievance forms, consultation plans); Participation in documentation of assets; Compensation of RAP; Responsible in monitoring and implementation. Identification of land for replacement and effective consultation at the sector level, cell level, and at village level (Umudugudu) Facilitate coordination of information collation activities (such as surveys) Work together with the GRCs to ensure that complaints are dealt with and that the RAP is implemented smoothly and efficiently; Follow up and monitor the relocation and settlement of PAPs. Review investment priorities identified by Feasibility Study Consultants; Disclose executed budget Participation in measurement and valuation of assets of PAPs Signing of Valuation forms PAPS Clearance of the ROW World Bank Monitoring and Evaluation Muhanga city RAP Report Final 7-6 November 2019 8 GRIEVANCE MECHANISM 8.1 Background Grievance mechanisms are important to the resettlement process as they allow for RAP implementers to identify disputes in good time and allow for them to be resolved in a transparent and accountable manner. Compensation based disputes and issues are also likely to occur during and after the RAP implementation program, hence it is critical to establish this system prior to implementation of the resettlement program. Lack of perceived transparency may also lead to feelings of mistrust and misinformed judgments on both sides. A well established and validated grievance mechanism can also promote good relations between the project proponent and the affected community thus reducing the risk of hostilities and delays on the construction program, both before and after the contractor takes possession of the site. The grievance framework recommended for this RAP is built on already existing structures within the laws of the GoR and affected community. Grievance mechanism developed to address conflicts in the A/RAPs of the six secondary cities comprised of a 3- tier grievance redress mechanism; ✓ Socio-economic Surveys- Grievance Resolution Committees ✓ Resettlement and Compensation - Grievance Resolution Committees ✓ Project implementation Grievances Resolution Committee 8.2 Grievances Resolution Committees 8.2.1 Socio-economic Surveys – Grievances Resolution Committees The socio-economic surveys - Grievance Resolution Committees (GRCs) were constituted to address conflicts that arose from the socio-economic survey exercise and assist in linking enumerators to individuals or households identified on the ground but not enumerated (herein after referred to as call backs) due to varying circumstances such as absenteeism from affected businesses or homesteads by the end of the “cut-off date”. The committees were constituted during the sensitization meetings held on 25th, May 2019 in Shyogwe and Nyabihu sector during the ‘Umuganda’ (the last Saturday of each month where all Rwandese participate in public work. Composition of these committees was drawn from the lowest level of association at the Muhanga city RAP Report Final 8-1 November 2019 village level where PAPs were generally well acquainted to each other. Community members who attended aforementioned meetings nominated two members from each affected village (nominated members volunteered to join the GRCs) to join the village head or representative of the village heads (chair of the GRC) in the committee. These committees worked with the enumerators during the socio-economic survey and were on standby to resolve any arising grievance or take note of call-backs that would be enumerated later. Whenever handling call backs, the committee would get the telephone number of the PAPs call to confirm if the PAP or representative of the household can find time to come for the enumeration exercise and if it was not possible, the committee were to follow on a later date agreed with the PAP to make sure the PAP or PAH is enumerated. Based on the number of call backs per city, the enumeration team leader assigned city-based enumerator(s) to work closely with the ad hoc GRC to ensure100% enumeration of project affected persons/households. The committee inspired confidence in the affected communities about the socio- economic exercise through extensive awareness creation including playing a key role in organizing and participating in Focused Group Discussions (FGDs) at the sideline of validation workshop held at held at Nyamabuye sector office on 02th, July 2019 to discuss among other things participatory entitlement matrix development, viable community based livelihood restoration programs and special needs for vulnerable PAPs. The mandate of these socio-economic Surveys – grievances resolution committees was mutually terminated after the validation workshops of Muhanga District. One member of each committee together with the respective village head or representative of the village head was nominated to join the next higher tier-committee (Resettlement and Compensation - Grievance Resolution Committee). 8.2.2 Resettlement and compensation – Grievances Resolution Committees The resettlement and compensation – Grievances Resolution Committees will mainly handle issues arising from unsatisfactory valuation claims from project affected persons. Key representatives in the committees will include but not limited to; consultant RAP valuer, district valuer or respective valuation officer at the sector or cell level, The District Land Commission officers’ representative at either the sector or cell level, local leader (head of cell/village), women representative, youth representative and representatives from lower tier committees. The composition should not have more than two thirds of the members coming from same gender. District officers in consultation with the consultant property valuer & LODA agreed on the committee composition and appropriate numbers to be nominated to join the committees. The committees were constituted the 1st week of June in all the cities before valuation exercise began. Muhanga city RAP Report Final 8-2 November 2019 The guiding principles for the Resettlement and compensation – Grievances Resolution Committees (that will help to solve valuation and compensation grievances) are: entitlements matrix, legal stipulations and procedures as per the Rwanda Expropriation law which provides for ‘Fair and Just” compensation packages & World Banks’ OP 4.12 - Involuntary Resettlement standards which advocates for compensation packages that espouse full replacement costs of affected properties. Whenever a PAP, PAH or PAI have issues with valuation done by the consulting valuer and refuses to sign the valuation log presented by the consulting valuer, the complainant is advised to present the case to the ad hoc Resettlement and compensation – Grievances Resolution Committees. When presented with a valuation complaint, the committee is supposed to screen the valuation methodology employed (if it followed project entitlement matrix) and assess if the value given meets the full replacement costs according to World Banks’ OP 4.12 - Involuntary Resettlement policy. If the committee is convinced the valuation fee recommended by the consulting valuer is acceptable, the ‘offer value’ would be maintained if its deemed unfair or does not meet full replacement cost then the committee would request the consulting valuer and the district valuer to jointly revalue the project and ensure the PAP gets ‘fair and just’ compensation or a compensation package that meets the full replacement cost. In situations where affected individuals, households or institutions reject the value given by the Resettlement and Compensation Committee even after justification and or review of the figure by the Committee. The complainant(s) are requested to; o Log a formal compliant with the District Land Committee. If the committee upholds the original value, the complainant final resort as per the national laws is to file a case in the competent Court of Law. According to the Expropriation Law, filing a case in courts of law does not stop planned expropriation exercise(s). The suing for review of the compensation decision should be done within 15 days after the local appeals decision is made. o As per World Bank Operational Procedure 4.12 standards, grievances logged outside the timeframe may still be valid and legitimate. For proposed RUDP phase 2 projects, government expropriation authorities ensured that all affected people were fully informed. Full disclosure of the opportunity cost of falling to lodge the complaints in time was made. The mandates of these committees would be terminated once respective districts approved compensation packages and compensated the PAPs. A representative of the committees (village heads, cell heads, and sector heads) were nominated to join the next higher tier-committee (Project Implementation - Grievance Resolution Committees) Muhanga city RAP Report Final 8-3 November 2019 8.2.3 Project Implementation – Grievances Resolution Committees These were the highest tier Grievance Resolution Committees that handled all grievances that arose during the compensation stage. The committees will be constituted prior to commencement of Clearance of the Right of Way in Districts by PAPs/Contractor. According to the work plan, the Exercise will take place a week before ground breaking. The committees will handle all arising grievances throughout implementation phase of RUDP phase 2 until commission of all project sub components. The district officers in consultation with LODA agreed on composition and number of representatives to be nominated in these Committees. These representatives will include: Local leaders (at cell, sector and Village level), District land commission officer, district Valuer, Youth representative and women representatives (at cell sector, cell and village levels) and the contractor. Six (6) GRC members are selected for Muhanga secondary city RUDP Phase 2. To ensure smooth operation and execution of assigned duties related to grievance resolution, an operationalization budget for the committee has been provided in this project. In proposed RUDP phase (2); 3,220,0000 RWF is allocated to GRC operations including but not limited to; transportation, airtime and training. 8.3 Gender Equality and Gender Based Violence Violence against women and girls is rooted in gender-based discrimination and social norms and gender stereotypes that perpetuate such violence. Prevention entails supporting the implementation of the agreed conclusions of the 57th Session of the Commission on the Status of Women (CSW) that placed a strong focus on prevention through the promotion of gender equality, women’s empowerment and their enjoyment of human rights. It also means making the home and public spaces safer for women and girls, ensuring women’s economic autonomy and security, and increasing women’s participation and decision-making powers—in the home and relationships, as well as in public life and politics. Working with men and boys helps accelerate progress in preventing and ending violence against women and girls. They can begin to challenge the deeply rooted inequalities and social norms that perpetuate men’s control and power over women and reinforce tolerance for violence against women and girls. In this project, in terms of gender composition, constitution of all GRCs was purposefully selected to ensure no committee had more than two thirds (2/3) of the members being of the same gender. This ensured equal representation. In addition, awareness was created during the sensitization and validation meetings on the equality of all persons before the law. During valuation phase of affected properties, in cases where land earmarked for expropriation was owned by a spouse or co-owned by a couple, consent was sought from both spouses and from dependants of the later in cases where the latter are likely to be adversely affected and they have children who have reached a legal age though still under the care of the parents. Muhanga city RAP Report Final 8-4 November 2019 On gender-based violence, prevention geared approach has been adopted in this project. This has been done through ensuring that there is fair representation. The composition of all the three tier Grievance Resolution Committees were constituted in such a way that no committee had more than two thirds (2/3) of the members being of the same gender. This level of representation (greatly benefit women who more often than not bear the brunt of GBV) would ensure women issues are fairly addressed as well as the women would have a voice in decision making processes. Similarly, GBV has been stressed as key in this project - emphasis made on the strict adherence to Rwandan Law 2 of N°59/2008 of 10/09/2008 on prevention and punishment of gender-based violence (GBV) in all project formations and particularly GRMs procedures. Provisions have also been made to ensure that a woman representative from the National Women Council at cell level will be part of the GCR and will be the focal person for GBV. In the event there are serious cases of GBV where there is criminal liability on the part of the offender/perpetrator of GBV, the case(s) will be referred to Isange One Stop Centre (a national specialized service centre for GBV cases offering free-of-charge support where survivors of gender based violence can find comprehensive services such as: medical care; psychosocial support; police and legal support, and collection of legal evidence). The law against GBV stipulates punitive penalties and long prison terms for individuals who perpetuate violence. This would also serve as a hindrance against GBV in this project. Muhanga city RAP Report Final 8-5 November 2019 9 MONITORING AND EVALUATION 9.1 Background Monitoring of the RAP 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 RAP occurs. The monitoring will be carried out by a Committee composed of Muhanga District representatives to ensure that all of the responsible implementing agencies follow the schedule and comply with the principles of the RAP. 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 RAP implementation; • Number of PAPs effectively compensated for different types of losses (land, structures, crops as well as business and livelihood loss) and aggregated amount disbursed compensation (actual versus planned); • Timing of compensation • Number of complaints including total received, and resolved (If not resolved, reasons), 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 Muhanga District) the referral and the subject matter. • Procedures in the operations such as asset verification and valuation procedures including effectiveness of compensation delivery system; • Number of assets compensated and the amounts paid out to the individuals and public facilities and utilities restored; • Number and category of people paid their compensation and rehabilitated including vulnerable groups receiving assistance; 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; Muhanga city RAP Report Final 9-1 November 2019 • Submission of monitoring reports at the frequency indicated in the M/E of the RAP Implementation report or quarterly. Table 9-1:Plan for Monitoring, evaluating and reporting. Item Main Activities Responsible Frequency of Institution Monitoring Public Consultation Muhanga District consultation meeting with the Four times a month PAPs Database Updating census Muhanga district Monthly results Disclosure Display to the PAPs Muhanga district After census and assets of the results of the valuation entitlement census. Preparation Follow up of ECMN and Once a week of implementation ECOLEAD alternatives of proposed alternatives Compensati on and other Follow up Muhanga district Once a week resettlement compensation measures process Follow up Follow up and Muhanga district Once a week of PAPs monitoring of livelihoods PAPs livelihoods 9.2 Resettlement Implementation Completion report A completion report of the entire resettlement process for this project will be prepared and will include a hand over certificate which will ostensibly provide a verification of when the compensation and assistance were undertaken and to whom these services were provided as well as to indicate that indeed all the compensation has been delivered. This report will be prepared and submitted to the Bank three months after the end of compensation payment by the Muhanga district. The RAP implementation report will include (but not be limited to) the following information: • Background of the RAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget; Muhanga city RAP Report Final 9-2 November 2019 • Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided; • Complaints status; • Socioeconomic status of the PAP families, their living conditions and livelihood. Highlight a few case studies of individual PAP family experience, including at least one family considered “vulnerable”; such as how the PAPs used the cash compensation they received, etc. • 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 RAP implementation. Muhanga city RAP Report Final 9-3 November 2019 9.3 RAP Implementation schedule There will be seven main steps to be followed during the implementation of RAP as shown in the Table 9-3 overleaf Table 9-2: Proposed RAP Implementation Schedule Calendar Year 2019 2020 Time in months 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 Working Group / Task Team Set-up 2 Road Reserve Confirmation Survey & demarcation 3 Public Notice of the intention to carry out RAP study 4 Asset Inventory / Evaluation 5 Validation & Agreement with PAPs 6 Disclosure of the RAP 7 Implementation of Compensations & Land Title Transfer 8 Clearance of Road Reserve (Demolition & Levelling) 9 Grievance Redress 10 Monitoring and Supervision (Quarterly Report to LODA/GoR) Muhanga city RAP Report Final 9-4 November 2019 10 REFERENCES • Environmental and Social Impact Assessment (ESIA) For Rwanda Urban Development Project (RUDP) – Phase 2 • Handbook for Preparing a Resettlement Action Plan, International Finance Corporation, 2121 Pennsylvania Avenue, NW, Washington, DC 20433 USA; IFC (2002) • Muhanga City Feasibility Study and Preliminary Design Report, Final (April 2019) • Involuntary Resettlement Policy OP 4.12 World Bank (2004), (revised April 2004) • Rwanda Expropriation Law. • Rwanda Policy Framework. • The Third Integrated Household Living Condition (EICV3) by National Institute of Statistics of Rwanda (2012). Muhanga city RAP Report Final 10-1 November 2019 11 APPENDICES Muhanga city RAP Report Final 11-1 November 2019 Appendix 1: Location Map Muhanga city RAP Report Final 11-2 November 2019 Appendix 2: Minutes of Public Meetings 2.1 Sensitization Minutes Muhanga city RAP Report Final 11-3 November 2019 2.2 Validation Workshop Minutes Muhanga city RAP Report Final 11-4 November 2019 2.3 List of Attendees No. Name Sector Cell Village Phone Number Gender Abizeyimana 1 Fridaus Nyamabuye Gahogo Kamugina 0788459863 Male 2 Akumuntu Hardi Nyamabuye Gahogo Kamugina 0788306136 Male 3 Ayinkamiye Therese Nyamabuye Gahogo Kamugina 0782911401 Male 4 Ayinkamiye Thereza Nyamabuye Gahogo Kamugina 0782236760 Female Bagaragaza 5 Emmanuel Nyamabuye Gahogo Kamugina 0788599667 Female 6 Bariyanga Jenbier Shyogwe Ruli Murambi 0726778747 Female 7 Bizimana Paul Nyamabuye Gahogo Kamugina 0783837489 Male 8 Bugembe Richard Nyamabuye Gahogo Kamugina Male 9 Cyurinyana Zeana Nyamabuye Gahogo Kamugina 0783096792 Male 10 Emmanuel Nyamabuye Gahogo Kamugina 0788533916 Male 11 Habimana Charles Nyamabuye Gahogo Kamugina 0788644197 Male Habimana Jean 12 Francois Regis Shyogwe Ruli Murambi 0788501333 Male 13 Habimana Theogene Nyamabuye Gahogo Kamugina 0780278108 Female Habumugisha 14 Eliezer Nyamabuye Gahogo Kamugina 0788896919 Male Hakizimana 15 Ferdinand Shyogwe Ruli Murambi 0788650346 Female 16 Hakizimana Martin Nyamabuye Gahogo Kamugina 0788470256 Male 17 Hakuzimana Julien Nyamabuye Gahogo Kamugina Male Indangamirwa 18 Philippe Shyogwe Ruli Murambi 0788572399 Male Ishimwe Angeli 19 Bienveny Shyogwe Ruli Murambi 0782911402 Female 20 Ishimwe Simeon Nyamabuye Gahogo Kamugina 0783754817 Male 21 Kabundi Joseph Nyamabuye Gahogo Kamugina 0788752310 Male 22 Kanamujyire Fidele 0788516389 Male 23 Karangwa Alphonse Shyogwe Ruli Murambi 0788462597 Male 24 Karwera Veronique Shyogwe Ruli Murambi 0722844813 Male 25 Kwizera Bright Shyogwe Ruli Murambi 0788359594 Male 26 Manimpaye Eric Nyamabuye Gahogo Kamugina 0788465682 27 Manimpaye Eric Nyamabuye Gahogo Kamugina 0788410850 Female Maniragaba 28 Landouard Shyogwe Ruli Murambi 0782560300 Female 29 Maniraguha Donat Nyamabuye Gahogo Kamugina 0788834598 30 Maniriho Florence Shyogwe Ruli Murambi 0784687837 Female Manishimwe 31 Candida Shyogwe Ruli Murambi Female Matabishi Biziyaremye 32 Aimable Shyogwe Ruli Murambi 0783631090 Female Meschac 33 Munyiginya Nyamabuye Gahogo Kamugina 0788734341 Male 34 Mpitiye Theogene Shyogwe Ruli Murambi 0788490460 Female Mugerangabo 35 Francois Xavier Shyogwe Ruli Murambi Female Muhanga city RAP Report Final 11-5 November 2019 36 Muhire Aphrodis Shyogwe Ruli Murambi No Telephone. Female Mujawamaliya 37 Agnes Shyogwe Ruli Murambi 0783554088 Male Mujyambere 38 Francois Shyogwe Ruli Murambi 0788692453 Female 39 Mukabera Cesalie Nyamabuye Gahogo Kamugina 0781171026 Female Mukagakwaya 40 Thamar Nyamabuye Gahogo Kamugina 0788896919 Female Mukakarisa 41 Claudine Shyogwe Ruli Murambi 0788680767 42 Mukamana Brandine Shyogwe Ruli Murambi 0725245570 Mukamugema 43 Febroni Shyogwe Ruli Murambi 0788542007 Male 44 Mukamurigo Rosette Shyogwe Ruli Murambi 0725380796 Female Mukamutara 45 Budensiyana Nyamabuye Gahogo Kamugina No Tel Male 46 Mukamwiza Denyse Nyamabuye Gahogo Kamugina 0788834596 Mukankaka 47 Murahangabo Shyogwe Ruli Murambi 0723221056 Male Mukantabana 48 Bernadete Shyogwe Ruli Murambi 0788619366 Male 49 Mukantagara Pelagie Shyogwe Ruli Murambi 0782667716 Female Mukarwego 50 Marceline Shyogwe Ruli Murambi 0788691412 Male 51 Mundanikure Cimeo Ruli Murambi 0788878582 52 Murangwa Paulin Shyogwe Ruli Murambi 0788526010 53 Murengera Foste Shyogwe Ruli Murambi 0782443580 54 Murihira Charles Nyamabuye Gahogo Kamugina 0781147728 Male 55 Musabende Josiane Shyogwe Ruli Murambi 0788743349 Female Mushimiyimana 56 Florence Nyamabuye Gahogo Ruvumera 0788508693 Male Musigirende 57 Venantie Shyogwe Ruli Murambi 0789690961 Female 58 Mutesi Speciose Nyamabuye Gahogo Kamugina 0789397024 Female Ndagijimana 59 Emmanuel Shyogwe Ruli Murambi 0722824077 Female 60 Ndayisenga Fred Nyamabuye Gahogo Kamugina 0788508693 Male Ngarambe 61 Emmanuel Shyogwe Ruli Murambi 0788878566 Male 62 Ngendahayo Pascal Shyogwe Ruli Murambi 0725493583 Male 63 Niyonkuru Irene Shyogwe Ruli Murambi 0788947981 Male Niyonsaba 64 Assoumpta Nyamabuye Gahogo Kamugina 0783457038 Female 65 Niyonsenga Alice Nyamabuye Gahogo Kamugina 0788937633 Male Niyonsenga Jean 66 Remy Shyogwe Ruli Murambi 0788847420 Male 67 Niyoyita Vanancie Shyogwe Ruli Murambi 0785091300 Female 68 Nsabimana Kamiri Shyogwe Ruli Murambi 0780489171 Male Nsanzimana 69 Theophile Shyogwe Ruli Murambi 0788308117 Male 70 Nsengiyumva Egide Nyamabuye Gahogo Ruvumera 0788422490 Male Ntabanganyimana 71 Rehema Nyamabuye Gahogo Kamugina 0788846940 Male 72 Ntagwabira Alex Shyogwe Ruli Murambi 0788846940 Female Muhanga city RAP Report Final 11-6 November 2019 Ntigurirwa 73 Theogene Nyamabuye Gahogo Nyarucyamo 2 0783306618 Female 74 Nyampundu Felicite Nyamabuye Gahogo Kamugina 0784686740 Male Nyandwi Jean Marie 75 Vianney Nyamabuye Gahogo Kamugina 0782468973 Male Nyirabujeni 76 Bernadette Shyogwe Ruli Murambi 0724885308 Female 77 Nyirafuku Christine Shyogwe Ruli Murambi 0785107287 Female Rugerinyange 78 Onesphore Nyamabuye Gahogo Kamugina 0788934633 Male 79 Ruhumuriza Shawali Nyamabuye Gahogo Kamugina 0783002045 Female 80 Rukazabyuma Emile Nyamabuye Gahogo Kamugina 0788489774 Male Rukeramihigo 81 Francois Shyogwe Ruli Murambi 0783143354 Male 82 Rurasira Eugene Nyamabuye Gahogo Kamugina 0722134003 Male 83 Rutabana Sylevestre Shyogwe Ruli Murambi 84 Rutayisire Eugene Nyamabuye Gahogo Kamugina 0788573718 Male 85 Sugira Athanase Nyamabuye Gahogo Kamugina 0783795762 Female 86 Tuyisenge Eterne Nyamabuye Gahogo Kamugina 0785549383 Female 87 Tuyisenge Narissice Shyogwe Ruli Murambi 0783666486 Male 88 Tuyishimire Eugenie Shyogwe Ruli Murambi 0787270206 Male Twagirimana 89 Boniface Shyogwe Ruli Murambi Female Twahirwa Jean De 90 Dieu Nyamabuye Gahogo Kamugina 0788486148 Male 91 Umulisa Lillian Nyamabuye Gahogo Kamugina 0722428751 Male 92 Unkundiye Nyamabuye Gahogo Kamugina 0783064278 Male 93 Uwase Atfah Nyamabuye Gahogo Kamugina 0788472803 Male 94 Uwimabera Jeanette Shyogwe Ruli Murambi 0788648805 Male 95 Uwitije Odette Nyamabuye Gahogo Kamugina 0725428474 Male Uwitonze 96 Appolinaire Nyamabuye Gahogo Kamugina 0788296527 Male 97 Yizere Venuste Nyamabuye Gahogo Kamugina 0788638665 Male Twiringiyimana 98 Evode Nyamabuye Gahogo Kamugina 0784787861 Male 99 Mukantagara Pelagie Shyogwe Ruli Murambi 0788896919 Female 100 Minani Norbel Shyogwe Ruli Murambi 0788601916 Male 101 Uwimabera Jeanette Shyogwe Ruli Murambi 0788475238 Female 102 Micomyiza Janviere Shyogwe Ruli Murambi 0784340002 Female 103 Umuhoza Ruth Nyamabuye Gahogo Kamugina 0784336524 Female 104 Muhire Emmanuel Nyamabuye Gahogo Kamugina 0780489093 Male Nyiramana 105 Francoise Nyamabuye Gahogo Ruvumera 0786363900 Female Mbarushimana 106 Pierre Nyamabuye Gahogo Kamugina 0788257212 Male Munyazikwiye 107 Kamil Nyamabuye Gahogo Kamugina 0783249920 Male 108 Norbert Ngadjole Nyamabuye Gahogo Ruvumera 0788845117 Male Mukarubabaza 109 Judite Nyamabuye Gahogo Kamugina 0785080603 Female 110 Hakizimana Herman Nyamabuye Gahogo Ruvumera 0788647291 Male Muhanga city RAP Report Final 11-7 November 2019 Mbazumutima 111 Vincent Nyamabuye Gahogo Kamugina 0788600959 Male 112 Nzeyimana Cyprien Nyamabuye Gahogo Ruvumera 0783608049 Male Nsabimana Jean 113 Damascene Nyamabuye Gahogo Ruvumera 0783123199 Male 114 Kalisa Calixte Nyamabuye Gahogo Kamugina 0788325526 Male 115 Nyandwi Vedaste Shyogwe Ruli Murambi 0727290817 Male 116 Munsonera Renathe Shyogwe Ruli Murambi 0789985784 Female Iradukunda 117 Dominique Savio Shyogwe Ruli Murambi 0783730805 Male Usabyimbabazi 118 Vanessa Nyamabuye Gahogo Kamugina 0786881228 Female Nyiransabimana 119 Claire Nyamabuye Gahogo Kamugina 0783245902 Female Mukandayisenga 120 Goretti Nyamabuye Gahogo Kamugina 0782235730 Female Ndikumuhire 121 Reostach Nyamabuye Gahogo Kamugina 0722305855 Male Nyirasangwa 122 Solange Nyamabuye Gahogo Kamugina 0788794520 Female Mukasekuru 123 Clessance Nyamabuye Gahogo Kamugina 0789432898 Female Uwizeyimana 124 Louise Shyogwe Ruli Murambi 0789204314 Female 125 Mujeneza Louise Nyamabuye Gahogo Kamugina 0783642847 Female Tuyimire Jean 126 Claude Nyamabuye Gahogo Ruvumera 0786320245 Male 127 Munezero Israel Nyamabuye Gahogo Kamugina 0781421888 Male Musabyimana 128 Vivian Nyamabuye Gahogo Kamugina 0785151521 Female Nyinawumuntu 129 Lorance Nyamabuye Gahogo Kamugina 0783311762 Female Mukamuyango 130 Martha Nyamabuye Gahogo Kamugina 0788948801 Female Muhanga city RAP Report Final 11-8 November 2019