REPUBLIC OF RWANDA MINISTRY OF INFRASTUCTURE (MININFRA) RWANDA ENERGY GROUP (REG) Rwanda Electricity Sector Strengthening Project (RESSP) (Project Number P150634) Resettlement Action Plan (RAP) for KIGALI EPC–OVERHEAD LINE Kigali, June 2019 1 | Page EXECUTIVE SUMMARY Rwanda has historically a low electrification rate with wide disparity between urban and rural areas. However, the situation has improved in recent years due to the policy, regulatory, and private sector development initiatives advanced by the government. The Government of Rwanda (GoR) launched through its Ministry of Infrastructure (MININFRA), a number of Electricity Sector Strengthening Projects through Rwanda Energy Group (REG) in its subsidiary bodies, the Energy Utility Corporation Limited (EUCL) and the Energy Development Corporation Limited (EDCL). Within this same perspective, additional programs such as the Electricity Access Rollout Programme (EARP) were created in 2009 to bid for the primary targets of the Economic Development and Poverty Reduction Strategy (EDPRS) for connecting up to 70% of households by 2020 and significantly improving access to reliable and cost effective electricity services for households, public institutions and productive use by targeting the connection of the industrial, mining, agriculture and commercial opportunities to the electricity grid. Against this need, Rwanda Energy Group through EDCL (EARP) and EUCL under the Rwanda Electricity Sector Strengthening Project (RESSP) is undertaking activities related to the supply and installation of MV underground cables, to plant design, Supply and installation of construction material for 15 KV four circuits overhead lines and low and medium voltage lines and service connection in 5 EPCs: (i) Kigali Electricity Network; (ii) East: (iii) North: (iv) South and (v) Western Province. The construction of transmission and distribution lines as well as other supporting facilities and land use restrictions under the Right of Way will lead to involuntary resettlement impacts necessitating preparation and implementation of a Resettlement Action Plan (RAP). The affected assets mainly include trees and crops, particularly in the districts of Nyarugenge, Kicukiro, Gasabo, Gatsibo, Kayonza, Ngoma, Rwamagana, Rulindo, Burera, Rubavu, Karongi, Rutsiro, Huye, Nyamagabe, Nyanza, Kamonyi and Ruhango. However, some houses will be affected in the Kigali Overhead line under Kigali Network Strengthening. This RAP covers only the Kigali EPC for the Sub-Project of Kigali Network Strengthening 15kv 4 Circuits - Overhead Line. Other lots in Kigali EPC will have no social impacts and EUCL received the non-objection to carry out the works. This RAP was prepared in full compliance with national policies and regulations including Rwanda expropriation law No 32/2015 of 11/06/2015 and the World Bank Policy on Involuntary Resettlement (OP 4.12) as well as the Resettlement Policy Framework (RPF) prepared for the project. The RPF which was formulated to provide guidance to the preparation, implementation and monitoring of site-specific Resettlement Action Plans (RAPs) and land acquisition, has been the main reference for the preparation of this RAP. 2 | Page In view of this RAP results, the successful implementation of the planned development activities, the timely implementation and monitoring of the proposed mitigation measures are required, the REG/ (EARP) EUCL will collaborate with the Central and Local Government Officials falling into the subproject area in coordination the implementation and monitoring of the PAPs and other project related activities. The monitoring and evaluation indicators set out in this RAP will be followed up by REG-EUCL as internal monitoring and external monitoring will be carried out by external party to the project implementation team with aim at assessing the compliance of this RAP implementation to the prepared project RPF. Objective of the RAP The objective of the RAP is to provide a baseline with regards to the social-economic conditions of the PAPs after field investigation, identify the national and international legal framework to abide with as well as the institutional arrangements, to assess the potential impacts and the mitigation mechanisms, to conduct public consultation meetings with PAPs and project stakeholders, ensure immediate compensation or and support to Project Affected Persons (PAPs) for their affected properties at the project sites prior to project works. The present report principally: (i) describes the proposed Project components/activities and associated resettlement impacts; (ii) discusses the applicable legal and regulatory requirements based on the RPF, particularly in terms of the eligibility of affected persons, their entitlements, the valuation of affected assets, and the provision of other resettlement measures; (iii) describes and outline the steps and actions to implement the resettlement measures, including provision of Grievance Redress Mechanism, monitoring and reporting arrangements; and (iv) provides a budget estimate. Baseline Data and Impacts Assessment The construction of transmission and distribution lines as well as other supporting facilities will imply permanent land acquisition and physical resettlement within the Right of way of 12 meters large in all of these EPCs as per the RoW national guidelines for 15 KV power lines from the mandated authority (RURA): N°01/GL/EL-EWS/RURA/2015 stipulating the RoW acquisition, related easement and restriction provisions. The acquisition used instruments in the RAP are deeds (Land title provisions, especially Article 16 regulating the use of rented land by Renter (PAP) and the state (GoR) in relation to the easement process on public interest projects in Rwanda. However, REG will purchase the land for RoW, and this will be its own property after completing land transfer process. Another instrument used is value for the affected property and compensation for properties to be damaged. Public Consultations: The RAP Consultant team undertook public consultations in KIGALI EPC to ensure that the Project activities and the likely impacts on the PAPs and their livelihoods are fully explained/communicated and 3 | Page openly discussed with the PAPs and the local authorities. Community meetings covered the following issues: - Description of the project objectives, components and implementation activities; - Property and livelihood impacts associated with project implementation; - The resettlement/compensation alternatives and strategies available for PAPs; - The rights of PAPs; - Eligibility Criteria; - Grievance redress mechanism; - RAP preparation; - Valuation principles and procedures; RAP disclosure; and the approval process. PAPs were mainly concerned about the likely impacts that will be caused by the Project activities on their livelihood with respect to displacement on the encroached ROW and damage to the developments/ houses on their land and sustenance derived from roadside enterprises such as kiosks/stalls/sheds. The PAPs and stakeholders consulted voiced the need for prompt and adequate compensation for the PAPs to enable them to re-establish their property and livelihood activities. The views of the PAPs and other stakeholders consulted were documented and have been integrated into the resettlement measures and strategies outlined in this RAP. Public consultation meetings were also useful in engaging communities, local authorities and PAPs to be particularly affected by the transmission line construction. Along these consultation meetings, few recommendations were given as views of PAPs and project beneficiaries and this was incorporated in the RAP. Summary of impacts and affected People During the construction phase of the project, 30 households will experience displacement as a result of the Project’s land acquisition process. The following table provides an overview of the displacement impacts that the community is expected to face, along with the predicted scale of these impacts in terms of number of affected households. 4 | Page Table 1: Key Displacement Impacts and Associated Magnitude Key Displacement Impacts Magnitude HHs to be affected Loss of houses and plots they occupy High 27 Tenants Minor 14 Loss of both unconstructed plot and house High 3 Total PAPs 44 Out of these, the number of PAPs Medium 23 would also lose (or experience disruptions in) their income sources or means of livelihood Source: Field Survey The erection of the Kigali (GIKONDO-KBC overhead line) will affect 44 households (where 27 HH will lose houses, 3 HH will lose houses and unconstructed plots, and 14 tenants). The livelihood restoration program will cover 23 HH among them 7 HHs will lose rental houses, 2 Vulnerable PAPs will lose their access to National Social Protection scheme before being reintegrated in the new community and 14 tenants who were renting houses nearest to their daily occupations. All of these will be assisted to restore their livelihood. • Eligibility criteria Determination of the eligibility of PAPs to be compensated was done through a transparent legal process, taking into consideration all the existing laws of Rwanda and the World Bank policies and local customs. The following criteria were applied: a) PAPs who have formal rights to land including customary/communal land, traditional and religious rights recognized under Rwandan Law; (33 HH) b) PAPs who do not have formal legal rights to land at the time the PAPs and their properties census begins but have a claim to such land or assets provided that such claims are recognized under the laws of Rwanda or become recognized through a process identified in the resettlement plan and; (0HH) c) PAPs who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from it before the cut off date, but are recognized under World Bank OP 4.12. (14HH) 5 | Page The process involved review of tenure documents owned by occupants, interviews with households and groups in the affected area. Local Leaders and the Ministry of Environment also helped in this assignment. Compensation and resettlement measures The compensation of affected assets will be made in reference to the prevailing laws in Rwanda and the safeguard policies of the World Bank (OP4.12). The resettlement and compensation of land acquired and houses will be made in reference to the prevailing expropriation laws in Rwanda (Law No. 32/2015 of 11/06/2015 relating to Expropriation in the Public interest, Special No. 35 of 11/06/2015: This law determines the procedures relating to expropriation of land in the interest of the public. Article 3 of the law stipulates that the government have the authority to carry out expropriation. However, the Institution, at any level, which intends to carry out acts of expropriation in the public interest, shall provide funds for inventory of assets of the person to be expropriated and the World Bank safeguard policies and regulations. The compensation, of damaged properties will be fully done before commencement of Project works, the disturbance allowance of 5% as per 2015 expropriation law in public interest projects are presented together with the compensation fee and the whole RAP budget/cost. In addition to the compensation, the project will assist the vulnerable people that are within the Project intervention areas to improve their livelihoods by linking them to existing National Social protection scheme. Resettlement Action Plan (RAP) Costs In total, the Project activities in the two (2) districts will affect total number of 44 households where 30 are HH owners and 14 tenants. Among 30 HH, 27 HH will lose only houses whereas 3 HH will lose both houses and unconstructed plots. No crops, trees or plant will be affected in the line corridor because the project area is residential. The overall RAP cost for the Kigali EPC-Overhead line is estimated to 555,103,825 Rwf including: - Resettlement Action Plan compensation cost for houses: 275,313,000 Rwf - Resettlement Action Plan compensation cost for land: 180,754,350Rwf - Livelihood Restoration Program excluding 5% of disturbance allowance of 4,402,500 Rwf - Additional 5% of compensation indemnity for disruption caused by expropriation of 22,803,368 Rwf - A contingency amount of 15% (71,830,608 Rwf). Content of RAP The present report principally describes the proposed Project components/activities and associated resettlement impacts. The report also provides the socio-economic baseline data, identified PAPs and 6 | Page inventory of properties/assets highlights to be affected, biography of the PAPs and the magnitude of the properties to be lost. The RAP also provides the legal and regulatory framework for assets valuation, eligibility, and compensation. 7 | Page Table of Contents EXECUTIVE SUMMARY ............................................................................................................................ 2 LIST OF TABLES ...................................................................................................................................... 14 LIST OF FIGURES .................................................................................................................................... 15 LIST OF ANNEXES................................................................................................................................... 16 DEFINITION OF KEY TERMS................................................................................................................ 17 I. INTRODUCTION .................................................................................................................................. 21 I.1. Background ............................................................................................................................................................................ 21 1.2 Scope of the RAP .................................................................................................................................................................... 22 1.3. Approach and Methodology .................................................................................................................................................. 23 1.3.1. Preliminary works ........................................................................................................................................................ 23 1.3.2. Recruitment and Training of socioeconomic enumerators and Surveyors ............................................................. 23 1.3.3. Data collection Methodology ....................................................................................................................................... 24 1.4. Format and Content of the report .......................................................................................................................................... 25 I.5. PROJECT DESCRIPTION AND LOCATION ........................................................................................................................ 25 I.5.1. Introduction .................................................................................................................................................................. 25 I.5.2. Project Components ..................................................................................................................................................... 25 I.5.3. Description and Location of KIGALI EPC-Overhead Line ..................................................................................... 27 II. LEGAL, POLICY AND INSTITUTIONAL FRAMEWORK............................................................... 28 II.1. National relevant policies and Regulations .......................................................................................................................... 28 II.1.1. Rwandan Constitution 2003 as revised in 2015 ........................................................................................................ 28 II.1.2. Land tenure legal provisions in Rwanda ................................................................................................................... 28 II.1.3. National Land Policy, 2004 ......................................................................................................................................... 29 II.1.4. National Gender Policy, 2010 ..................................................................................................................................... 29 II.1.5. N°43/2013 of 16/06/2013 governing land in Rwanda ................................................................................................ 29 II.1.6. Law No. 32/2015 of 11/6/2015 Relating to Expropriation in the Public Interest ................................................... 30 II.1.7. Law no.17/2010 of 2010 establishing and organizing the real property valuation profession in Rwanda ........... 31 II.1.8. Ministerial order no. 001/2006 of 2006 determining the structure of land registers ............................................. 32 II.1.9. RAP preparation and approval process in Rwanda................................................................................................. 32 II.2. World Bank Policy OP 4.12 on Involuntary Resettlement .................................................................................................... 34 8 | Page II.3. Comparison between National Legislation and WB OP 4.12 ............................................................................................... 35 II.4. Institutions Roles in Implementation of the present RAP implementation. ........................................................................... 39 III. BASELINE SOCIO ECONOMIC CHARACTERISTICS OF THE PAHs....................................... 41 III.1 Introduction .......................................................................................................................................................................... 41 III.2 Demographic characteristics of the project affected persons............................................................................................... 41 III.2.1 Population ................................................................................................................................................................... 41 III.2.2 Gender ......................................................................................................................................................................... 41 III.2.3 Marital Status ............................................................................................................................................................. 41 III.2.4 Age Profile in Affected Households ........................................................................................................................... 42 III.3 Community Networks and Linkages ..................................................................................................................................... 42 III.3.1 Introduction ................................................................................................................................................................ 42 III.3.2 Community Support Networks ................................................................................................................................. 42 III.4 Income generating activities and livelihoods ....................................................................................................................... 42 III.4.1 Introduction ................................................................................................................................................................ 42 III.4.2 Income Sources ........................................................................................................................................................... 42 III.4.3 Income Generation and Gender ................................................................................................................................ 43 III.4.4 Land Tenure and Ownership .................................................................................................................................... 43 III.4.5 Income generating activities ...................................................................................................................................... 43 III.4.6 Agriculture and Animal Husbandry ......................................................................................................................... 44 III.4.7 Other Sources of Income ............................................................................................................................................ 44 III.5 PAPs access to socio-economic infrastructures ................................................................................................................... 44 III.5.1 Introduction ................................................................................................................................................................ 44 III.5.2 Power/Electricity ........................................................................................................................................................ 44 III.5.3 Telecommunications ................................................................................................................................................... 45 III.5.4 Housing ........................................................................................................................................................................ 45 III.5.5 Transport..................................................................................................................................................................... 45 III.5.6 Water ........................................................................................................................................................................... 45 III.5.7 Sanitation Facilities .................................................................................................................................................... 45 III.6 Education level ..................................................................................................................................................................... 46 III.6.1 Facilities ....................................................................................................................................................................... 46 III.6.2 Education Levels ......................................................................................................................................................... 46 9 | Page III.7 Health characteristics ........................................................................................................................................................... 46 III.7.1 Health Status ............................................................................................................................................................... 46 III.7.2 Health Facilities .......................................................................................................................................................... 47 IV. ELIGIBILITY FOR RESETTLEMENT AND BENEFITS ............................................................... 48 IV.1 General Principles ................................................................................................................................................................ 48 IV.2 Eligibility Criteria for PAPs Compensation ......................................................................................................................... 49 IV.3 Cut-Off Date ......................................................................................................................................................................... 49 V. PUBLIC CONSULTATION MEETINGS ............................................................................................ 52 V.1. Introduction ........................................................................................................................................................................... 52 V.2. Key Objectives of consultation .............................................................................................................................................. 52 V.3. Methodology used along the Public Consultation Planning and Implementation ................................................................ 52 VI. RESETTLEMENT IMPACTS ............................................................................................................. 60 VI.1 Introduction .......................................................................................................................................................................... 60 VI.2 Overview of key displacement impacts ................................................................................................................................. 60 VI.3 Key displacement impacts details ......................................................................................................................................... 61 VI.3.1 Loss of Residential Housing ....................................................................................................................................... 61 VI.3.2 Loss of Land plots ....................................................................................................................................................... 62 VI.3.4 Loss of Income and Structures .................................................................................................................................. 62 VI.4 Resettlement Sites ................................................................................................................................................................. 65 VI.5 Asset valuation and impact level on PAHs on 15 kV overhead transmission line (GIKONDO-KBC).................................. 66 VI.6. Compensation framework & assistance ............................................................................................................................... 70 VI.7. Livelihoods restoration and community development programme ...................................................................................... 70 VI.7.1. Livelihood restoration Program Approach ............................................................................................................. 70 VI.7.2. Livelihood Program Components............................................................................................................................. 72 VI.7.3. Direct compensation .................................................................................................................................................. 72 VI.7.4. Financial Management Training Program .............................................................................................................. 73 VI.7.5. Gender aspect ............................................................................................................................................................. 75 VI. 7.6. Temporally hardship and Vulnerability ................................................................................................................. 76 VI.7.6.1. Temporally hardship ............................................................................................................................................. 76 VI.7.6.2. Vulnerability ......................................................................................................................................................... 76 VI.8. Livelihood Program Management & Partnership ............................................................................................................... 77 10 | Page VII. COMPENSATION AND RESETTLEMENT BUDGET .................................................................. 79 VII.1 Best Practice Guidance ....................................................................................................................................................... 79 VII.2 Project RAP Budget .................................................................................................................................................... 79 VIII. RAP IMPLEMENTATION AND MONITORING .......................................................................... 80 VIII.1. RAP Implementation Arrangement ................................................................................................................................... 80 VIII.2. Institutional implementation arrangements ...................................................................................................................... 81 VIII.3. Monitoring and Evaluation ............................................................................................................................................... 87 IX. RAP DISCLOSURE AND COMPLETION......................................................................................... 94 ANNEXES ................................................................................................................................................... 97 11 | Page ABBREVIATIONS AND ACRONYMS CLO Community Liaison Officer DLB District Land Bureau DTF District Task Force EARP Electricity Access Roll Out Program EDCL Energy Development Corporation Limited EDPRS Economic Development and Poverty Reduction Strategy EPC Engineering, Procurement and Construction FARG Fond d’Assistance aux Rescapes du Génocide GRM Grievance Redress Mechanism HHs Households IFC International Finance Corporation IRS Indoor Residual Spraying LAC –LA Land Adjudication Committee - Land Act LRC Local Resettlement Committee MININFRA Ministry of Infrastructures MoE Ministry of Environment OP Operational Policy PA Project Area PAHs Project Affected Households PAPs Project Affected Persons PIU Project Implementation Unit PRA Participatory Rural Appraisal RAP Resettlement Action Plan RDRC Rwanda Demobilization and Reintegration Commission 12 | Page REG Rwanda Energy Group Ltd RESSP Rwanda Electricity Sector Strengthening Project RoW Right of Way RURA Rwanda Utilities Regulatory Authority RwF Rwandan Franc SHGs Self-Help Groups SMP Social Management Plan VUP Vision 2020 Umurenge Program WB World Bank 13 | Page LIST OF TABLES Table 1: Key Displacement Impacts and Associated Magnitude .................................................................. 5 Table 2: Gap analysis between World Bank OP 4.12 and Rwanda Law for resettlement and compensation ...................................................................................................................................................................... 36 Table 3: Roles and Responsibilities for each institution .............................................................................. 39 Table 4: Income generating activities ......................................................................................................... 43 Table 5: Common diseases in surveyed communities ................................................................................. 46 Table 6: Cut off dates set in different Districts during consultation meetings. ........................................... 50 Table 7: Topics, Concerns and expectations raised by stakeholders ........................................................... 54 Table 8: Open discussion/ Questions and answers & recommendation ...................................................... 56 Table 9: Topics, Concerns and expectations raised by stakeholders ........................................................... 57 Table 10: Open discussion/ Questions and answers & recommendation .................................................... 59 Table 11: Summary of consultation findings ............................................................................................... 59 Table 12: Key Displacement Impacts and Associated Magnitude .............................................................. 61 Table 13: Entitlement matrix ....................................................................................................................... 63 Table 14: Impact Level and Compensation values ...................................................................................... 66 Table 15: Livelihood Assets ........................................................................................................................ 71 Table 16: Financial Management Training Objectives, Outcomes & Strategies ......................................... 73 Table 17: Financial Management Program Practices and Services ............................................................. 73 Table 18: Micro-Finance Program Objectives, Outcomes and Strategies ................................................... 74 Table 19: Micro-Finance Program Practices and Services .......................................................................... 75 Table 20: Livelihood Restoration Program .................................................................................................. 77 Table 21: PAHs Compensation Budget replacement Cost .......................................................................... 79 Table 22: Implementing Institutions and their Responsibility ..................................................................... 82 Table 23: Selection of Indicators for Internal Monitoring ........................................................................... 90 Table 24: RAP Implementation Schedule .................................................................................................... 95 14 | Page LIST OF FIGURES Figure 1: site layout map .............................................................................................................................. 27 Figure 2: Parcel/plot/house to be affected.................................................................................................... 69 Figure 3: Grievance redresses Mechanism Structure ................................................................................... 85 15 | Page LIST OF ANNEXES Annex 1: Established grievance committees within the two communities. ................................................. 97 Annex 3: List of tenants and house owners ................................................................................................ 99 Annex 3: Sample grievance redresses form ............................................................................................... 101 Annex 4: Valuation Costing References .................................................................................................... 104 16 | Page DEFINITION OF KEY TERMS - Census: A field survey carried out to identify and determine the number of Project-Affected Persons (PAPs), their assets, and potential impacts; in accordance with the procedures satisfactory to the relevant Government authorities, and the World Bank Safeguard Policies. - Community: A group of individuals broader than the household, who identify themselves as a common unit due to recognized social, religious, economic or traditional government ties, or through a shared locality. - Compensation: 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. - Complete Structures: Buildings, including houses and institutional structures, which have enclosed walls, roofs and levelled earth or concrete floors. - Cut-off date: The date at which the property identification and valuation exercise ended and the census of PAPs within the project area boundaries commenced. This is the date on and beyond which any person whose land is planned for and/or occupied for project use will not be eligible for compensation. - Displacement Assistance: Support provided to people who are physically displaced by a project. Assistance may include transportation, shelter, and services that are provided to affected people during their move. - Economic Displacement: Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water, or forest) which results from the construction or operation of a project or its associated facilities. - Economically-Displaced Households: Households whose livelihoods are impacted by the Project, which can include both resident households and people living outside the Project Area but having land, crops, businesses or various usage rights there. - Entitlements: The benefits set out in the RAP, including: financial compensation; the right to participate in livelihood restoration programs; and, transport and other short-term assistance required to resettle or relocate. - Household: A person, or group of persons living together, in an individual house or Compound, who share cooking and eating facilities, and form a basic socio-economic and decision-making unit. - Institutional Structures and Infrastructure: Buildings, structures and facilities for public, government and religious use, such as schools and churches, within the Project Area, and being used for the purpose for which they were established. - Involuntary resettlement: The involuntary taking of land resulting in direct or indirect economic and social impacts caused by: o Loss of benefits from use of such land; 17 | Page o Relocation or loss of shelter; o Loss of assets or access to assets; or o Loss of income sources or means of livelihood, whether or not the project-affected person has moved to another location. - Involuntary land acquisition: The taking of land by the government or other government agencies for compensation, for the purposes of a public project/interest against the will of the landowner. - Land: Refers to agricultural and/or non-agricultural land whether temporary or permanent, and which may be required for the Project. - Landowner: Is a person who has lawful possession over a piece of land. The Landowner may or may not own structures and crops on the land. - Land acquisition: The taking of or alienation of land, buildings or other assets thereon for purposes of a Project under eminent domain. - Livelihood Programs: Programs intended to replace or restore quality of life indicators (education, health, nutrition, water and sanitation, income) and maintain or improve economic security for Project-Affected People through provision of economic and income-generating opportunities, which may include activities such as training, agricultural production and processing and small and medium enterprises. - Non-resident Household: A household (or individual) that has an asset in the Project Area, which existed on or before the Cut-off Date, but who resides outside the Project Area. - Occupied Structures: These are structures that have signs of regular and sustained human occupancy, for a period prior to the Cut-Off Date. - Physically-displaced Household: Households who normally live in the Project Area and who will lose access to shelter and assets resulting from the acquisition of land associated with the Project that requires them to move to another location. - Project-affected Household (PAH): All members of a household, whether related or not, operating as a single socio-economic and decision-making unit, who are affected by a project. - Project affected Persons (PAPs): means persons who, for reasons of the involuntary taking of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not said PAPs physically relocate. These people may have their: o Standard of living adversely affected, whether or not the PAP must move to another location; o Right, title, investment in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset temporarily or permanently possessed or adversely affected; 18 | Page o Access to productive assets temporarily or permanently adversely affected; or business, occupation, work or place of residence or habitat adversely affected. - Relocation: A process through which physically displaced households are provided with a one-time lump sum compensation payment for their existing residential structures and move from the Project Area. - Replacement Cost: The rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs. With regard to land and structures, “replacement costs” may be defined as follows: - Resettlement Action Plan (RAP): Also known as a Resettlement and Compensation Plan, a resettlement instrument (document) prepared when sub-project locations are identified and involves land acquisition, which leads to or involves the physical displacement of persons, and/or loss of shelter, and/or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the project owners (managers or their appointed representative) impacting on the PAPs and their livelihoods and contain specific and legally binding requirements for compensation of the PAPs before the implementation of such project activities. - Replacement cost: The replacement of assets with an amount sufficient to cover full replacement cost of lost assets and related disturbance and transaction costs. In terms of land, this may be categorized as follows: o Replacement cost for agricultural land: 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: o Preparing the land to levels similar to those of the affected land; o Any registration, transfer taxes and other associated fees. - Right-of-Way: is an easement granted or reserved over the land for transportation purposes; this can be transport related, as well as electrical transmission lines, or oil and gas pipelines. The right- of-way is reserved for the purposes of maintenance, expansion or protection of services, and may also impose restrictions on certain other use rights. According to the national regulations set by Rwanda Utility Regulations Authorities (RURA) the power lines of 30KV should be centered within the RoW of 12m. - Socio-economic Survey: A detailed socio-economic survey of all households within the Project Area, recording detailed demographic and socio-economic data at the household and individual level. - Stakeholders: Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. 19 | Page - Tenant: A person who lives in a structure belonging to another, regardless of whether they pay rent or not. - Vulnerable Persons: Socially and economically disadvantaged groups of persons such as widows, the disabled, and households headed by orphans and single women, elderly persons or household heads who are likely to be more affected by project implementation or are likely to be generally constrained to access or seek out their entitlements promptly. - Social Protection: Social protection consists of policies and programs designed to reduce poverty and vulnerability by promoting efficient labor markets, diminishing people's exposure to risks, and enhancing their capacity to manage economic and social risks, such as unemployment, exclusion, sickness, disability and elderly people. 20 | Page I. INTRODUCTION I.1. Background The Government of Rwanda (GoR) through Rwanda Energy Group (REG) and its subsidiaries Energy Development Corporation Limited (EDCL) , Energy Utility Corporation Limited (EUCL) and the Rwanda Electricity Sector Strengthening Project which will contribute to Economic Development and Poverty Reduction Strategy (EDPRS) I and II targets and shall be supported from different donors including World Bank as the main donor. This project complements the on-going EARP which will continue to lead on grid electrification in urban areas and rural settlement. The main Project objective of RESSP is to improve access to reliable and cost-effective electricity services for households, public institutions and productive use. RESSP will continue to construct the backbone of the power supply system to rural areas and will align generation capacity and demand to achieve an efficient tariff. Rwanda Electricity Sector Strengthening Project (RESSP) has been designed to address two major challenges faced by the energy sector in Rwanda: - Electricity Sector Capacity Strengthening with an aim to improve the performance of the electricity sector institutions; - Increased Access to Electricity The activities and investments to be supported under the proposed project are organized into the following three main components: - Component A (Electricity Sector Capacity Strengthening) which has three subcomponents - Component B (Increased Access to Electricity Services). - Component C (Technical Assistance and Project Implementation Support). The KIGALI EPC-Overhead line will consist of “Design, supply, and installation of medium voltage __km transmission line from KICUKIRO to GASABO District in Kigali City.” The Project activities in this EPC will entail permanent land acquisition and land use restriction, resulting in physical displacement of people and their assets. According to the Rwanda Utility Regulatory Authority (RURA) Guidelines No 01/GL/EL-EWS/RURA/2015, the RoW for Power Lines should be 12 m wide for 15-30kV distribution and transmission lines. The Government through the REG will acquire the land within the right of way corridor, and this will become its own property after completing the land transfer process. The objective of this assignment is to undertake a detailed Resettlement Action Plan (RAP) to determine the extent of land acquisition impacts associated with the establishment of the electricity transmission and distribution lines, and new substations as well as to put in place measures to mitigate those impacts. This RAP will identify the people to be affected by the project and justify their resettlement after consideration of alternatives that would minimize or avoid displacement, and will ensure that all affected parties are compensated and assisted in restoring their livelihoods. 21 | Page The Overall objective of the RAP includes Avoid or at least minimize involuntary resettlement and mitigate adverse social and economic impacts from land/ROW acquisition by: providing compensation for loss of assets at replacement cost; and ensuring that resettlement activities are implemented with appropriate disclosure of information, consultation, and the informed participation of those affected, and Improve or at least restore the livelihoods and standards of living of affected people. Provide additional targeted assistance (e.g. trainings, or job opportunities) and opportunities to improve or at least restore their income- earning capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected. 1.2 Scope of the RAP This RAP covers the following activities and outputs: - Analysis of the legal and institutional framework and gap in relation to involuntary resettlement; - Conducting Social Economic Baseline Information detailing the project affected people by household, their losses and vulnerability; - Analysis of potential project social impacts and resettlement implications through identification of PAPs, their number and evaluating the extent of the impacts of the project on them; - Carry out and document public consultation with PAPs and relevant institutions involved in involuntary resettlement; - Carry out detailed inventory of PAPs properties and submit inventory report that include the photographs of the PAPs, photographs of the affected property and the geo reference (GPS coordinates of the affected property); - Compensation and resettlement of Project affected people to be carried out in compliance with the Rwandan Legislation Law and the World Bank OP 4;12. - Set up an implementation schedule covering all activities of the plan from preparation stage to monitoring, indicating clearly those activities that have already been undertaken as part of this RAP preparation and those activities that are still to be implemented; - Set up organizational structure for proper RAP implementation and delivery of necessary services; - Set up Monitoring and evaluation mechanisms arrangements by the implementing agency; - Set up Grievances Redress Mechanism (GRM) that ensures affordable and accessible procedures for settlement of disputes arising from the project. - Provide the Costs and Budget including costs for compensation, for RAP implementation. - To assist PAPs in restoring their affected livelihoods and to provide assistance in order to restore livelihoods to at least their previous levels. 22 | Page 1.3. Approach and Methodology To achieve the study objectives, we followed procedures stipulated in Rwanda expropriation law No 31/2015 of 05/06/2015 and the WB OP 4.12 on involuntary Resettlement and the RPF guidance The study adopted the following approach: (i) preliminary assessment and review of preliminary design of the projects, (ii) review of baseline information (iii) review of policies and regulations, (iv) review of previous meetings and consultations with stakeholders, (v) interviews with key stakeholders, and (vi) field surveys at the project sites including socio-economic baseline data and assets inventory. Social economic cover including site locations, land cover and proposed infrastructure were described fully with clear maps using Global Position System (GPS) and Geographic Information System (GIS) tools for a comprehensive understanding of the area and project activities and to make the task of planning and monitoring easier during the implementation. data/strip maps, a survey report, property catalogues and a valuation roll, institutional and implementation arrangements, necessary references, annexes and social-economic profiles of PAPs – are all part of this RAP report. 1.3.1. Preliminary works Shape files reading and conversion into Arc GIS, site reconnaissance and data collection preparation. This phase consists of: Getting shape files and convert into Arc GIS: This consists of getting shape files of the project area given by the client to be considered during the RAP study. After getting the shape files, the GIS expert converted the shape files using GIS tools (Arc map) and Google earth to facilitate the analysis of the workload and deployment of the teams in the field. - Site reconnaissance The consultant and his team visited the project area following the proposed line route of the project proponents for the first 14 days; The site reconnaissance and map analysis, sharing information about the RAP study was done in collaboration with local leaders and residents. 1.3.2. Recruitment and Training of socioeconomic enumerators and Surveyors A team of experienced socioeconomic enumerators, survey engineers, valuation experts and support staff (Public engagement meetings animators and data management team) were hired and trained to understand and use data collection tools, to the smooth communication and data sharing and entry along the data collection exercise. The data collection was subdivided into 3 main phases: Preliminary works, data collection on the field (Using tablets and GPS) and Valuation of assets. 23 | Page - Training of enumerators The purpose of the training was to familiarize and help enumerators to be familiar with the field data collection using the Computer Assisted Personal Interview (CAPI) embedded with questionnaires and allow the data programming team to develop and finalize the necessary data entry programs and templates using the Survey CTO software. Data collection was done using tablets in order to manage the short time at disposal and assure the quality of the day-to-day collected data. The training sessions also gave the survey team an opportunity to assess the quality of questionnaires. 1.3.3. Data collection Methodology A triangulation of data collection techniques was applied throughout the collection of the data related to the Resettlement Action Plan elaboration. It is in this regard that the following techniques were subsequently used. Assets Inventory Techniques, Use of Maps and GPS: This was used to trace the project’s strip map and identify the PAPs, intensity of impact (losses of all kind), and existing sites of cultural significance. The consultant used the survey maps (Shapefiles) availed by the client (EDCL) to identify the project area and People Affected by the Project. • Socio-Economic Survey: Comprising of detailed census about PAPs using a questionnaire, their households’ socio-economic characteristics and plausible losses to be incurred to People to be affected by the Project. RAP Socioeconomic and assets data collection using Computer Assisted Personal Interviewing (CAPI- Tablets) and 3 D Geographic Positioning System (GPS). Socioeconomic enumerators, collected data using Android Tablets with the Survey CTO software installed and in collaboration with data managers, directly entered the daily collected data. These tablets were used not only to capture the socioeconomic characteristics of the PAPs, take the picture of properties/assets to be affected. To make this possible, we configured the data collection questionnaire in the tablets in a way that collected data was sent to the server in our office. A surveying engineer was also deployed to the field to anticipate the geographical positions of the project site and properties therein using a 3D GPS electronic device. With his help, socioeconomic enumerators were enabled to know properties (houses, fences, trees, crops, forests etc.) location and start interviewing respective People to be affected by the project. A professional valuator worked hand in hand with surveyor as he was tasked to cost any identified properties along the line route, which properties were given to him by enumerators on a daily basis. A GIS engineer was as well on duty to receive Geographical values for properties located in the Right of Way (RoW) of different line routes, this for him to draw the project’s strip maps. Overall, a team made of 5 socioeconomic enumerators, 1 GIS engineer and team leader and one valuer, a total of 7 people were used 24 | Page for data collection purpose. The method used for data collection was one-on-one interviews with the heads of household or his/her representative. After completing the surveys, PAP was allowed to ask more clarifications on the project before signing the RAP socio-economic enumeration attendance sheet. For quality and data accuracy purpose, the field team leader revised the filled in questionnaires at the end of every working day. After checking every enumerator’s files, he compiled the files and sent them to the Data Managers to the server and to the Valuation team back in the office. 1.4. Format and Content of the report This RAP has been prepared in reference to the Resettlement Policy Framework (RPF) prepared for the project as a guidance for the preparation, implementation and monitoring of site-specific resettlement action plans (RAPs) and land acquisition during the implementation of the project. The structure of this RAP report presents the following parts and chapters in a narrative perspective: An executive summary, Chapter 1: Introduction; Chapter 2: Policy, Regulatory and institutional frameworks; Chapter 3: Baseline data discussion; Chapter 4: Public consultation meetings Chapter 5: Impact Assessment and Compensation Measures; Chapter 6: Compensation and Resettlement Budget Chapter 7: Eligibility for Resettlement Chapter 8: RAP implementation and Monitoring provisions. Chapter 9: RAP disclosure I.5. PROJECT DESCRIPTION AND LOCATION I.5.1. Introduction This section describes the proposed Resettlement Action Plan (RAP) of Rwanda Electricity Sector Strengthening Project for KIGALI EPC. I.5.2. Project Components The Rwanda Electricity Sector Strengthening Project (RESSP) which has three components: Component A - Electricity sector capacity strengthening; Component-B - Increased access to electricity services; and Component C - Technical assistance and project implementation support. The following is the brief description of each project components. Component A: Electricity Sector Capacity Strengthening The project will support EUCL to establish a comprehensive Integrated Business Management Information Systems (IBMIS) MIS to ensure efficient, transparent, and accountable processes covering network 25 | Page operations and maintenance (O&M); commercial functions; and management of corporate resources. The primary activities will include the design, supply, installation, and operationalize (including staff training) of an integrated management information system with several modules covering commercial, network operation, and corporate functions. The integrated Business Management Information Systems will have the flowing subcomponents: Component B: Increased Access to Electricity Services The Increased Access to Electricity Services will support connection of new consumers all over Rwanda and network reinforcements, where required, to ensure that network expansion does not compromise the quality of supply; and strengthening of the Kigali 15KV distribution network to provide sufficient capacity to meet increased demand arising out of increased economic activities. - Sub-Component B-1: Strengthening the distribution network around Kigali Area This subcomponent will finance (i) the rehabilitation of key 15kV medium voltage switching stations in the Kigali electricity distribution network to enhance safety; (ii) upgrading of the Kigali network to increase loading capacity thereby improving supply reliability and reduced technical losses; and (iii) installation of equipment that will facilitate monitoring and control of the network from the National Control Centre (NCC) to reduce unscheduled downtime. These improvements will enhance overall network operations efficiency. The Kigali EPC - Overhead Line, which is the subject of this RAP is part of this Sub-Component B-1. - Sub-Component B-2: Electricity Access This subcomponent is aimed at continued support of the ongoing RESSP and will finance activities to connect new consumers all over Rwanda through the purchase of equipment for grid extensions, reinforcements, consumer connections, and installation services, including upstream system reinforcements, where required, to ensure that network expansion does not result in the deterioration of the quality of supply. The project will support investments that will result in the connection of about 47,000 new customers to the national electricity grid. Component C: Technical Assistance and Project Implementation Support The Technical Assistance and Project Implementation Support component will include the Technical Assistance (TA) and Electricity Sector Strengthening Project Implementation Support. The TA will support Feasibility and Diagnostic Studies required to have in place the requisite plans, bankable projects, and management capacity to foster improved sector expansion and efficient operations. 26 | Page I.5.3. Description and Location of KIGALI EPC-Overhead Line The KIGALI EPC-Overhead line which is covered by this RAP consists at plant design, supply, and installation of medium voltage in the KICUKIRO and GASABO Districts in the Kigali City. The EPC components likely to have resettlement implications include reinforcement of medium voltage transmission line of 1.5 km GIKONDO-KBC. SITE LAYOUT Figure 1: site layout map Source: Designed in reference to the EDCL/EUCL project’s line routing 27 | Page II. LEGAL, POLICY AND INSTITUTIONAL FRAMEWORK This chapter describes the relevant policies, legal instruments and institutional arrangements applicable to the construction in different districts of Rwanda in reference to the international framework. This RAP applies the laws, legislation, regulations, and local rules governing the use of land and other assets in Rwanda as well and the World Banks OP 4.12 on Involuntary Resettlement. II.1. National relevant policies and Regulations II.1.1. Rwandan Constitution 2003 as revised in 2015 The Constitution of Rwanda, Article 11 stipulates that all Rwandans are born and remain free and equal in rights and duties. Discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan, color, sex, region, social origin, religion or faith, opinion, economic status, culture, language, social status, physical or mental disability or any other form of discrimination is prohibited and punishable by law. Rwandan Constitution recognizes that every person has a right to private property whether personal or owned in association with others (Article 29). The private property, whether individually or collectively owned is inviolable. The right to property may not be interfered with except in public interest, in circumstances and procedures determined by law and subject to fair and prior compensation. Under Article 30, it is stipulated that private ownership of land and other rights related to land are granted by the State. The law specifies the modalities of acquisition, transfer and use of land. Exceptionally, the right to property may be overruled in the case of public interest. In these cases, circumstances and procedures are determined by the law and subject to fair and prior compensation (Article 29). Laws on property are also found in various legal texts of Rwanda. Eligibility for compensation is also enshrined under the Rwandan constitution and the Expropriation Law. The property of the State comprises of public and private property of the central Government as well as the public and private property of decentralized local government organs (Article 31). II.1.2. Land tenure legal provisions in Rwanda Although the Organic Land Law provides two types of formal land tenure: full ownership/ freehold and long-term leasehold, all land in Rwanda belongs to public entities: The State, the Cities and the Districts. "Public land" is reserved for public use or for environmental protection. "Private land" can be allocated by its public owners (State, Cities and District) to natural or legal persons. It then becomes "individual land". It is leased through a lease contract and against payment of an annual lease fee. The lessee obtains an ownership certificate (Emphyteutic Lease Contract and Certificate or Full Ownership Title) (Ministry of Natural Resources, 2012). 28 | Page Individual land owners (e.g. land rights holders) would need to be compensated in case their land holdings are permanently acquired for the purpose of electricity extension construction activities in Kigali city or in respective EPCs (in Provinces). The Organic Land Law recognizes existing rights, whether written or unwritten, under both civil law and customary practices through new national land tenure arrangements. Efforts have been made to formalize land ownership, especially those acquired through customary means. II.1.3. National Land Policy, 2004 The Policy is premised in the National Development Strategy of Rwanda (Vision 2020). Its main objective is to put in place and operationalize an efficient system of land administration and land management that secures land ownership, promotes investment in land for socio-economic development and poverty reduction. The policy provides for land tenure systems, guiding principles of land management, an effective & efficient land registry, and land transactions. According to the National Land Policy, all Rwandese enjoy the same rights of access to land, implying no discrimination against women. All land should be registered for security. II.1.4. National Gender Policy, 2010 The National Gender Policy states that the Rwandan society is free from all forms of gender-based discrimination and see both men and women participate fully and enjoy equitably from the development processes. The main mission of this policy is to contribute to the elimination of gender inequalities in all sectors of national life, in order to achieve the nation’s goal for sustainable development. Resettlement activities for this RAP will involve and affect both men and women in terms of loss of property and both genders are expected to be treated equally in sharing the compensation amount or other accompanying measures relating to the relocation and resettlement following the acquisition of land and properties in the right of way of the electricity extension construction activities. II.1.5. N°43/2013 of 16/06/2013 governing land in Rwanda The Organic Law No. 03/2013/OL of 16/06/2013 repealing the Organic Law No 8/2005 of 14/7/2005, determines the use and management of land in Rwanda. In particular, it provides for the land use consolidation in Rwanda. This law governs land in Rwanda. It also institutes the principles that are to be respected on land legal rights accepted on any land in the country as well as all other appendages whether natural or artificial. Organic Land Law categorizes land via two criteria: (1) Land Use and (2) Land Ownership. Land Use (Article 9) is split into two categories: urban lands and rural lands. Land ownership is divided into the following categories: individual owned lands and State lands (whether urban or rural). Article 10 provides that individual land is comprised of land acquired through custom, 29 | Page written law. That land has been granted definitely by competent authorities or acquired by purchase, donation, inheritance, succession, ascending sharing, and exchange or through sharing. Article 11 provides that public land consists of land in public and private domain of State, land belonging to public institutions and land that belongs to local authorities whether being in their public domain or in their private domain. It also states that the State may donate to any public institution or local authority its land reserved for public or private domain. II.1.6. Law No. 32/2015 of 11/6/2015 Relating to Expropriation in the Public Interest The Law determines the procedures relating to expropriation in the public interest. Article 3 of this law notes that, ‘No person shall hinder the implementation of the program of expropriation in the public interest on pretext of self-centered interests. Article 17 states that after the publication of a decision on expropriation in the public interest, complete with a list of holders of rights registered on land titles and property incorporated on land, land owners shall not develop any long-term activities on the land, otherwise such activities shall not be compensable during expropriation. In terms of valuation, Article 22 states that land values and prices for property consistent with the prevailing market rates shall be established by the Institute of Real Property Valuers in Rwanda. According to Article 26 land titles must be produced as evidence of ownership, and evidence of marital status as applicable. Any persons dispossessed of land, or unlawfully occupying land, or having developed activities prohibited after the enactment of relevant laws shall receive no compensation. Article 27 reaffirms that compensation for land must include any improvements on the land and compensation for disruption associated with expropriation. Article 28 notes that the value of land and property should be calculated on the basis of size, nature and location and the prevailing market rates. The compensation for disruption caused by expropriation to be paid to the expropriated person shall be equivalent to five % (5%) of the total value of his/her property expropriated. Article 32 refers to sign-off by the owner once he/she is satisfied with the valuation. Article 33 allows for any person not satisfied with the valuation to contest in writing within seven days. Any person contesting the assessed value must engage the services of a valuer or a valuation firm recognized by the Institute of Real Property Valuer in Rwanda, at their own expense, to carry out a counter-assessment of the value. Under Article 34 if unsatisfied the matter may be referred to the courts. However, the compensation will be paid pending the court decision so as not to delay expropriation. In terms of payment of compensation, Article 35 notes that, ‘fair compensation can be paid in monetary form in the Rwandan currency or in any other form mutually agreed upon by the expropriator and the person to be expropriated’. The fair compensation must be paid to the expropriated person before he/she relocates. 30 | Page Article 36 notes that compensation must be paid within 120 days of approval by the Ministry, or otherwise becomes null and void, unless mutually agreed otherwise. After payment, the affected person has a further 120 days to relocate. During this period, they should not plant any crops that would take more than 120 days of growth before harvesting. Article 38 stipulates that compensation shall be deposited into a bank account with a recognized locally-based bank or financial institution. Eligibility for compensation is enshrined under the Rwandan constitution (article 29) and the expropriation law. The two laws regulate and give entitlement to those affected, whether or not they have written customary or formal tenure rights. The person to be expropriated is defined under article 2(7) of the expropriation law to mean any person or legal entity who is to have his or her private property transferred due to public interest, in which case they shall be legally entitled to payment of compensation. Compensation entitlement: In case an individual suffers any loss, Article 3 of the expropriation law stipulates that he or she should receive just compensation for it, although it is not clear what comprises fair and just compensation, this being left to the judgment of independent valuer. Article 4 of this law also stipulates that any project which results in the need for expropriation for public interest shall provide for all just compensation in its budget. Through mutual arrangement, both parties can determine the mode of payment. Article 22 (2) of the expropriation law provides that through an agreement between the person to expropriate and the one to be expropriated, just compensation may either be monetary, alternative land or a building equivalent as long as either option equates to fair and just monetary compensation. In case the determination of ‘just’ compensation exceeds in value the alternative land given to the expropriated person, the difference will be paid to the expropriated person. Furthermore, the law deals with valuation of land earmarked for expropriation. The law identifies properties to be valued for just compensation to be land and activities that were carried out on the land including different crops, forests, buildings or any other activity aimed at efficient use of land or its productivity. Here the law is silent on access to economic activities on the land. The new law has added 5% of total compensation fees for disturbance allowances. II.1.7. Law no.17/2010 of 2010 establishing and organizing the real property valuation profession in Rwanda This law provides for the registration of land in Rwanda and conditions for registration. The law also allows the government to conduct valuation when mandated by their government institutions. Articles 27, 29, 30 and 31 of the law deals with valuation methods. These articles stipulate that price for the real property shall be close or equal to the market value. The valuation could also compare land values country wide. Where 31 | Page sufficient comparable prices are not available to determine the value of improved land, the replacement cost approach shall be used to determine the value of improvements to land by taking real property as a reference. The law also allows the use of international methods not covered in the law after approval from the institute of valuer council. II.1.8. Ministerial order no. 001/2006 of 2006 determining the structure of land registers The ministerial order determines the structure of lands registers, the responsibilities and functioning of the District Land Bureau (DLB). This ministerial order determines the structure of land registers, the responsibilities and the functioning of DLB. The responsibilities of the land bureau include among others to implement land registration and manage land and update, safely keep records of land registers and monitor and approve activities pertaining to valuation of land, other immovable property and demarcate and approve land cadastral. This order does not apply to land specified in articles 12, 14, 15 and 72 of the organic law no 8/2005 of 14/07/2005 determining the use and management of land in Rwanda II.1.9. RAP preparation and approval process in Rwanda In Rwanda involuntary resettlement is governed by expropriation law and valuation law. Both laws do not have provisions on RAP preparation and approval. Instead, the expropriation defines the process of expropriation and valuation while the resettlement impacts are assessed together with the EIA and RPF reports. The chapter III of the law n° 32/2015 of 11/06/2015 relating to expropriation in the public interest expropriation law defines steps to be undertaken for expropriation as follows: • Organs determining projects of expropriation in the public interest - Organs which determine projects of expropriation in the public interest are the following: - the executive committee at the district level, in case such activities concern one district; - the executive committee at the level of the City of Kigali, in case such activities concern more than one district in the boundaries of the City; - the relevant ministry, in case planned activities concern more than one district or if it is an activity at the national level, subject to provisions of item 2° of this Article. • Organs supervising projects with expropriation in the public interest Organs in charge of supervising projects of expropriation in the public interest are hereby established as follows: - The committee in charge of supervision of projects of expropriation in the public interest at the district level where the project concerns one district; 32 | Page - The committee in charge of supervision of projects of expropriation due to public interest at the national level where the project concerns more than one district or it is a project at the national level, subject to the provisions of item 2° of this article. • Organs approving expropriation in the public interest The organs approving expropriation in the public interest are the following: - At the district level, it is the district council after considering the recommendation of the committee in charge of supervision of projects of expropriation in the public; - At the level of more than one district, the ministry in charge of land, upon proposal by the committee in charge of supervision of projects of expropriation in the public interest at national level subject to provisions of item 2 of this Article. A ministerial order shall be used; - At the national level and in case of activities related to security and national sovereignty, the Prime Minister’s Office upon proposal by the committee in charge of supervision of projects of expropriation in the public interest at the national level by way of a Prime Minister’s order. • Procedure for expropriation in the public interest Procedures for expropriation are as follows: - Request for expropriation in the public interest by project proponent/ developer; - Consideration of the relevance of the project proposal for expropriation in the public interest by relevant committee. - Decision on the relevance of a project of expropriation in the public interest; - Approval of expropriation in the public interest; - Publication of the decision on a project for expropriation in the public interest; - Valuation of assets and agreement on compensation measures; - Compensation. • RAP process for donor funded projects For donor funded projects, where the RAP preparation and approval is a requirement, the donor policies apply and the RAP is prepared in compliance with both international and national laws. The normal practice is as follows: - Preparation and approval of terms of reference by both donor and implementing agency; - Recruitment of independent consultant to prepare the RAP; - RAP preparation by independent consultant; - Approval of the RAP report by both donor and implementing agency; - Implementation and monitoring of RAP by implementing agency. 33 | Page II.2. World Bank Policy OP 4.12 on Involuntary Resettlement The primary objective of the WB OP 4.12 is to explore all alternatives to avoid, or at least minimize, involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood. The project should compensate for lost assets at full replacement cost, meaningfully consult displaced persons and give them opportunities to participate in planning and implementing resettlement programs. The World Bank OP 4.12, Annex A, (Paragraphs 17-31), describes the scope (level of detail) and the elements that a resettlement plan should include. These include objectives, potential impacts, socioeconomic studies, legal and institutional framework, eligibility, valuation and compensation of losses, resettlement measures, relocation planning, community participation, grievance management procedures, implementation schedule, costs and budgets, and monitoring and evaluation. WB OP 4.12(6a) requires the resettlement plan to include measures to ensure that displaced persons are (i) informed about their options and rights, (ii) consulted on, offered choices among and provided with technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement costs. WB OP 4.12 (8) requires that particular attention should be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly; women and children and indigenous peoples and ethnic minorities. WB OP4.12 (12a) states that for households depending on land for their livelihoods preference should be given to land-based solutions; however, payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual is economically viable. WB OP4.12 Paragraph (6 b & c) state that in case of physical relocation, displaced persons should be (i) provided with assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site. In addition, displaced persons should be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. 34 | Page WB. OP 4.12 (13 a) stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning, implementing and monitoring resettlement. WB OP4.12 Paragraph 13 (a) requires that appropriate and accessible grievance mechanisms are established to sort out any issues arising. II.3. Comparison between National Legislation and WB OP 4.12 This section compares existing disparities between the Rwandan expropriation laws and the World Bank’s safeguards principles on Involuntary Resettlement. The comparison aims to show these differences with the intent of showing the weaknesses of one legal framework against the other, for a better choice among the two legislations, but with a paramount precedence of the World Bank's OP 4.12’ in case the two conflict on one or two regulations. For instance, while OP 4.12 recommends the avoidance of Involuntary Resettlement, the Rwandan Law kept a window for this possibility when deemed necessary, especially for public interests. Other similarities or differences lay around principles related to timing of the notification about compensation and relocation, about public consultation meetings and project related information with concerned people and communities etc. In summary, these key differences are presented table below: 35 | Page Table 2: Gap analysis between World Bank OP 4.12 and Rwanda Law for resettlement and compensation Principles Rwanda Legislations World Bank’s involuntary Resettlement (OP 4.12) Measures to fill the gaps Valuation is covered by the Expropriation Law and the Land Valuation Law and stipulates that OP 4.12 prefers Replacement cost method of valuation of the affected person receive fair and just assets that helps determine the amount sufficient to replace compensation. lost assets and cover transaction costs. In applying this However, a ministerial order gives the value of method of valuation, depreciation of structures and assets Valuation land and crops Adopt replacement cost method of valuation should not be considered. If the residual of the asset being taken is not economically viable, compensation and another resettlement assistance is provided as if the entire asset had been taken. OP 4.12 gives preference to land based resettlement strategies Replacement cost principle will be applied by mostly Article 22 of the expropriation Law N° 32/2015 for displaced persons whose livelihoods are land-based as compensating trees and crops that will be affected by of 11/06/2015 entitles the landholder to compared to monetary compensation the project. No physical relocation so far identified. Compensation compensation for the value of the land and activities on the basis of size, nature and location in reference to the prevailing market value. WB OP 4.12 requires that persons to be displaced should be This project has not only organized public actively consulted and should have opportunity to participate consultation meeting with People to be affected by the The Rwandan law on Expropriation simply in planning and design of resettlement programs. project and their local leaders in reference to the WB stipulates that affected people be fully informed of Provide to PAPs opportunities to participate in the planning, OP 4.12 principles, but also involved the election of expropriation issues. implementation, and monitoring of the resettlement program, local resettlement committees to support in overseeing The Expropriation Law governs the specifics of especially in the process of developing and implementing the that the community interests and that of PAPs are Disclosure, land acquisition. The law provides for public procedures for determining eligibility for compensation daily monitored along the project implementation. Participation and dissemination on the importance of the project to benefits and development assistance (as documented in a Once approved, this resettlement Action Plan will be consultation be established and the need for expropriation. In resettlement plan), and for establishing; disclosed on REG website and copies availed at local addition to dissemination, the Expropriation Law administration offices. Public disclosure of results requires prior consultative meetings and assets inventory results was also conducted. examination of the project proposal involving expropriation, with a view to avoid eventual prejudice on the person or entity subject to expropriation. 36 | Page Timeframe Rwanda expropriation law stipulates a timeframe OP4.12 requires that displacement must not occur before Adopt OP 4.12 approach, which states that upon when the property to be expropriated must necessary measures for resettlement are in place, i.e., displacement must not occur before necessary be handed over which is 90 days after measures over and above simple compensation. These include measures for resettlement are in place, i.e., measures compensation has been paid. compensation and other measures required for relocation and over and above simple compensation. These include preparation and provision of facilities of resettlement sites, compensation and other measures required for where required. In particular, acquiring land and related assets relocation and preparation and provision of facilities may only take place after compensation has been paid and of resettlement sites, where required. Where the where applicable resettlement sites and moving allowances borrower has offered to pay compensation to an have been provided. Furthermore, measures pertaining to affected person in accordance with an approved provision of economic rehabilitation can and often do occur resettlement plan, but the offer has been rejected, the post displacement. taking of land and related assets may only proceed if WB OP 4.12 provides for a timeframe (cut-off date); people the borrower has deposited funds equal to the offered who encroach on the area after the cut-off date are not entitled amount plus 10 % in a secure form of escrow or other to compensation or resettlement assistance) interest-bearing deposit acceptable to the Bank, and has provided a means satisfactory to the Bank for resolving the dispute concerning said offer of compensation in a timely and equitable manner. In any case, the compensation is required to be done prior to any construction work to be done on the property to be compensated. Eligibility Article 26 of the expropriation law requires the OP 4.12 criteria for eligibility include even those who do not The WB OP.4.12 has been applied by considering person who owns land intended for expropriation have formal legal rights to land at the time the census begins both owners of inventoried land or houses and tenants to provide evidence of ownership or rights on that but have a claim to such land or assets--provided that such of properties inventoried in the Right of Way of the land and presents a certificate to that effect. claims are recognized under the laws of the country or MV cabling or overhead lines. Expropriation law is silent on provision of become recognized through a process identified in the alternative land and resettlement of those to the resettlement plan and also those who have no recognizable pre-displaced status legal right or claim to the land they are occupying. The latter are only compensated for assets other than land. OP 4.12 requires and prefers resettlement of displaced persons through provision of land for land instead of cash compensation for land, when livelihoods are land based. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. OP 4.12 requires displaced persons to be consulted on, offered Reference to the World Bank OP 4.12 guidelines, any Required Expropriation law does not provide for choices among, and provided with technically and project activity is to be carried after a full and proper Measures alternatives when undertaking compensation. economically feasible resettlement alternatives. compensation to the PAPs. 37 | Page The new Expropriation Law of 2015 creates the Adopt Rwanda Expropriation Law which establishes Resettlement and Grievance redress committee the Grievance Redress Mechanism committee formed OP 4.12 requires PAPs be informed of the compensation and provides complaints procedures for by District (sector/cell) authority, PAP and Project exercise and establishes Grievance Redress Mechanisms. individuals dissatisfied with the proposed project representatives. WB OP 4.12 provides that displaced persons and their or the value of their compensation and process for Grievance committees to be instituted within the Grievance communities, and any host communities receiving them, are expressing dissatisfaction and for seeking redress. procedure but will not replace the existing legal redress provided with timely and relevant information, consulted on The Expropriation Law Article 26 provides process provided by Rwanda laws; rather it seeks to mechanisms resettlement options, and offered opportunities to participate complaints procedures for individuals dissatisfied resolve issues quickly so as to expedite receipt of in planning and the implementation of the resettlement with the value of their compensation. The Law entitlements and smooth resettlement without monitoring. Appropriate and accessible grievance stipulates that the dissatisfied person has a period resorting to expensive and time-consuming legal mechanisms must be established for PAPs of 30 days after the project approval decision has action. If the grievance procedure fails to provide a been taken to appeal (Article 19). settlement, complainants can still seek legal redress. 38 | Page II.4. Institutions Roles in Implementation of the present RAP implementation. Table 3: Roles and Responsibilities for each institution ORGANIZATION ROLES AND RESPONSIBILITIES MININFRA - RESSP - Screening of sub-projects to identify resettlement and compensation Project Management requirements; Units (EDCL and - Work with all District to create Resettlement and Compensation EUCL Social Committee; safeguards team) - Provision of capacity building and technical support relating to resettlement and compensation activities; - Close monitoring and enforcement of the procedures and requirements of the Rwandan laws and that of the WB OP 4.12 along the project implementation; Monitoring and follow up of the RAP implementation; Resolution of grievance raised; - Review all RAPs and other resettlement-related documentation to ensure that all procedures have been adhered to and that there is consistency in approach between sub-projects; - Undertake the main monitoring and evaluation role of resettlement activities during and post implementation. Ministry of - Providing guidelines on the implementation and application of the Environment Organic Land law and the Land Use Master Plan through Districts’ Land bureaus; - Providing clarifications on land tenancy schemes (freehold or leasehold), resettlement arrangements, identifying and availing the land on which resettlement is to be established especially in Kigali Strengthening where resettlement exercise might be done for few households; - Mobilizing the public to participate in the management and protection of Environment; MINALOC – Local - Review and sign off of all documentation (e.g. completed RAPs, Government Officials. grievance forms, consultation plans); - Participation in the different consultation meetings that will be held; - Participate in the census activities for the PAPs affected assets; - Compensation of PAPs assets using Government funds; - Sign and approve the individual PAPs list that indicates their affected assets for payment; - Following up and participate in resolving issues raised within the elected Grievance committees; Rwanda Land - RLMUA through its department of land administration and mapping Management and Use is the organ responsible for overall management and coordination of Authority all activities related to land administration, land use planning and management in Rwanda. The role of RLMUA role in RAP process is to advise on matters related to land ownership and expropriation. District land bureau in close collaboration with project staff will check and approve surveys, various maps and approve land surveys carried out during valuation exercise. 39 | Page Institute of Real - Proposes regulations, guidelines and standards for valuation while Property Valuers the function of approval lies with the Council; (IRPV) - Play a revision role for any PAP likely to be dissatisfied with a real property valuation; - Selection of other certified Valuer who shall decide other valuation methods to be used in case of misunderstanding on the used valuation methodology. District Land Bureaus, - The District land bureau will be engaged in the preparation of all the RAPs including involvement in all the negotiations before transferring the land as required by law; - The District Land Bureau will Establish the sub-project level Resettlement and Compensation Committees at Sector/ Cell level; - The District Land Bureau will Establish standards for unit rates of affected assets and compensation estimates, according to the standard units appended to the RPF, adjusted for local conditions where necessary; - The District Land Bureau will be part of the Coordination and supervision of the implementation by Resettlement and Compensation committees as stipulated in the RPF and national/ district guidelines. Resettlement and land - The District Resettlement Committee will facilitate the RAP Committees implementation along with compensation, land valuation, and grievance redress; - The Resettlement Committee will plan for, coordinate and monitor resettlement, compensation and relocation activities and supervise compensation payments to the project affected parties (PAPs) from Village, Cell, Sector to District levels; Source: RAP-EPC North/EDCL/EUCL/2019 40 | Page III. BASELINE SOCIO ECONOMIC CHARACTERISTICS OF THE PAHs III.1 Introduction The information in this section is the socio-economic baseline for the project area as well as from the household census that was undertaken in the communities of Rugarama and Kigugu Villages of Kimihurura and Kinunga cells. The following aspects of the community are addressed in this section: o Demographics; o Community Networks and Linkages; o Income Generating Activities and Livelihoods o Infrastructure; o Education; and o Health III.2 Demographic characteristics of the project affected persons III.2.1 Population The sub-project area (GIKONDO and KIMIHURURA SECTORS, KINUNGA and KIMIHURURA Cells respectively) will have 44 HHs affected, making it the smallest of the other communities from provincial EPCs. Of this population, three (3) households possess both houses and vacant plots, 27 HHs possess houses and the land where their houses are built whereas there are 14 tenants in this affected community. However all 44 HHs will undergo physical resettlement because their houses will be removed because of land acquisition. The total people to be affected by the project is 243 from 44 HHs, with 134 (55%) female and 109 (45%) male. The communities of KIMIHURURA and KINUNGA have mid-sized households (between 5 - 8 members). III.2.2 Gender Overall, the census revealed that 45% of the individuals from the affected communities are female and 55% are male. The household survey data indicated that there are four (4) female – headed households in KINUNGA-KIMIHURURA communities, which is 9% of total households. III.2.3 Marital Status Almost half (45%) of visited inhabitants over the age of 18 in Gikondo-KBC communities are married. However, even if a good number of inhabitants in both surveyed communities were married, 11.5% are separated both legally and illegally. The percentage of widowed members of Kinunga-Kimihurura (1.7 %) is lower than the other communities (4 %). 41 | Page III.2.4 Age Profile in Affected Households The population age profile in GIKONDO-KBC is in line with national and state averages, with the general trend being a relatively young population. The working age population of the two communities is predominantly male (51 %) and this could be attributed to stakeholder reports of young female of working age leaving the area in search of work or training opportunities. III.3 Community Networks and Linkages III.3.1 Introduction This section describes the social networks within and between communities in concerned sectors. Information gathered for both communities indicates that membership and participation in social groups is characterized by a high level of religious (Christian) – based socialization. III.3.2 Community Support Networks A significant majority of residents’ report that they attend church on a regular basis (81.7 %). Only 1.6 % of residents attend their mosque regularly. Within the group who attend their mosque regularly, 45 % are men and 55 % are women. Approximately 5.6 % of residents participate in other types of social groups and women were found to hold a slight majority within this group, with 56.8 %. It is worth noting that while male participation in social groups is spread amongst households, female participation tends to be grouped among members of the same household. III.4 Income generating activities and livelihoods III.4.1 Introduction The most income generating occupation for community members, are classified mainly in civil servant (Salary) and Petty trading with dominance of civil servant and traders respectively. The census noted that data regarding levels of income are notoriously reliable and subjective evidence gathered during the household survey indicated that most households are equipped with may be under- reporting income or over-reporting expenditure for the purposes of perceived benefits that would be received in terms of compensation or community investment. III.4.2 Income Sources The most common sources of income among surveyed respondents on behalf of the present census are civil servant (57.2 %) and petty trading (38.1 %), the minor percentage of entrepreneurs aided by attended and certified vocational trainings. The household survey allowed respondents to indicate that residents within a household generated income from more than one source not only the primary, but also alternative sources of income for surveyed households. It illustrates a comparison between household survey respondents’ primary sources of income and their overall source of household income. 42 | Page III.4.3 Income Generation and Gender The household survey indicated that there were 4 females headed households (FHH) in GIKONDO-KBC communities which equal approximately 9% of the total heads of households. As is this case, in both communities typically generate much less monthly income than male-headed households (MHH). As indicated, FHH are more likely to earn less monthly income than MHH, and there are no FHH in the top earning bracket. This represents a significant difference with the communities where approximate top monthly earnings of 100,000 Rwf for FHH are typically less than 500,000 Rwf earnings for the top MHH. In addition, both male and female residents of FHH typically earn less monthly income than their counterparts in MHH. This same trend was identified in both surveyed two communities of Gikondo-KBC. Not only did residents of FHH report less monthly income, but only 5.9 % of respondents indicated income in excess of 50,000Rwf compared to 8.4 % of residents of MHH. This same trend was seen in the other two surveyed communities. III.4.4 Land Tenure and Ownership The main RAP provides useful background information about the land tenure process in the sub-project area. All 100 % of households in both communities’ report holding legal land title. And 14 HHs representing 31.8 % rent their houses but owners have legal land title. Zero % of respondents reported that they hold agricultural land as the sub-project area located in fully residential zone of the city centre-Kigali. These land tenure trends are similar to those identified in the communities. It should be noted that total percentages do equal one hundred, as all of the households responded to this question. III.4.5 Income generating activities The main types of income-generating activities reported in both communities are listed in Table 5. Table 4: Income generating activities income generating activity No. of Households/PAHs Surveyed Households Mechanic 5 11% Petty Trading 12 27% Hair dressing 4 9% Handicrafts 2 5% Transport 8 18% Civil servants (Salary) 13 30% Total 44 100% Source: Field survey 43 | Page As the above table presents, the majority of PAPs’ occupation is civil servant with 30% followed by those petty trading with 27%, transport with 18% and 11% are in mechanic. Among the remaining PAPs, 9% are in hairdressing and 5% are in handcrafts. III.4.6 Agriculture and Animal Husbandry Agriculture and Animal husbandry are not an essential activity in Kigali city especially the project area (Gikondo and Kimihurura sectors of Kicukiro and Gasabo Districts, respectively) because it is a residential. III.4.7 Other Sources of Income Certain households receive income from sources other than entrepreneurial and employment activities. These other sources of income are the same for the communities and include: • Remittances (money received from family members outside of the village or the country) provide a source of income for 6.7 % of households; • Pensions (received from past employment) provide a source of income for 3.3 % of households; and • Real Estate Revenue (from rental/lease of property/land) provides a source of income for approximately 32% of households. • Savings through banks and microfinance institutions. III.5 PAPs access to socio-economic infrastructures III.5.1 Introduction As all communities are within the central city of Kigali, infrastructures are well developed, where all HHs use the national grid (Electricity), the piped water is at 89 % and 11 % visit the nearest community water points in less than hundred meters (<100m). The roads within communities and those linking them to the other villages are well positioned and maintained, no particular difficult to traverse during all seasons. III.5.2 Power/Electricity 100 % of respondents in communities reported that their household has access to a public electricity supply from the Rwanda Energy Group (REG) and reported to using electricity for lighting, using electronic devices and for welding purposes only). For cooking and heating purposes, all HHs are using Charcoal and wood as the dominant energy source in Kigali city. 44 | Page III.5.3 Telecommunications As with the other two surveyed communities, almost all households in communities (99.5 %) have at least one mobile phone. Radios are a popular source of information and communication; 85.1 % of households have at least one radio and 94, 2 % of households reported owning a television). III.5.4 Housing The most common type of house in both communities is made with brick (82 %), followed by mud wood homes, which account for approximately 18 % of homes in the community, this represent old houses in both communities. These percentages are slightly indicating the value of their houses reported in the cost of compensation on Kigali sub-project within this RAP. Similarly, to the two other surveyed communities, the houses made of brick and cement tend to belong to families of high socio-economic status and of outside income (reporting a higher income) while those made of mud wood belong to families of lower socio- economic status. III.5.5 Transport The conditions of roads are generally considered to be ‘satisfactory’ by 75 % of respondents. 24 % considered road conditions to be ‘good’, while 1 % consider them to be unsatisfactory. As with the surveyed communities, motorcycles are the most common mode of transportation in Communities with 35 % of households owning at least one. Cars are owned by 8% of households, while 25 % of households have bicycles and 67% have no mean of transport. These results are in line with the survey results from the communities of Gikondo-KBC. The community transport (Buses/Coaters) is highly used for most of community members and the average distance from residential to the main road to access buses is 300m which is considered high potential of accessibility. III.5.6 Water There is more access to piped water in the two communities and most of HHs with 89% have piped water in their homes. 11 % have piped water access outside of their homes and visit the nearest community water points in less than hundred meters (<100m). . III.5.7 Sanitation Facilities Within, the majority of households use dry pit latrines well maintained (63.1 %). Pit latrines are also the most common type of sanitation system in and (used by 36.9 % of households). More households in Communities have access to individual water born sewage systems in their homes. There are no public toilets facilities in and within both communities of Kinunga and Kimihurura. 45 | Page III.6 Education level III.6.1 Facilities Within communities, there are public and private primary and secondary schools that enable all PAHs children from both communities to attend schools at reasonable distance (<500m) from home to school and vice versa (Rugando primary school, Groupe Scolaire Rugando with twelve years basic education -12YBE) Rugando, Gikondo High school near Kinunga site). III.6.2 Education Levels Among both community members of the age of 18 and above, approximately 36.2 % have completed secondary school, 26.4 % have college or university degrees, compared with only 13.3 % of secondary school graduates within both communities. Professional/ vocational training levels in Communities are moderate with 18.6 % aged between 18 and 35. Only 2 % of surveyed residents (aged 18 or older) report having received some kind of informal professional trainings, and 3.5 % have no professional training whatsoever. III.7 Health characteristics III.7.1 Health Status The health profile of Communities appears is presented in the following table and these cases are the ones that affected the community in a period of one year (2018). Table 5: Common diseases in surveyed communities Disease No. of Individuals Malaria 2 Typhoid fever 4 Heart disease/ hypertension 2 Rheumatism 2 Fever and cough 18 Skin conditions 0 Diarrhea 1 Pneumonia 1 Source: Field survey 46 | Page III.7.2 Health Facilities When they fall ill (7%), the majority of respondents reported that they usually consult the public hospital (98.2 %) as they have health insurance. In general, then, residents of the two communities seem to make more use of formal medical care. The most common reasons cited for selection of health care were accessibility, cost and effectiveness. Only 4 % of residents in Kimihurura said that they would not consult with a health care provider when ill compared with 18 % in Kinunga. 47 | Page IV. ELIGIBILITY FOR RESETTLEMENT AND BENEFITS IV.1 General Principles The Eligibility for Resettlement and Benefits sets out the eligibility criteria for PAPs and specifies people who will be eligible for plausible resettlement and compensation benefits prior to the exercise in a bid to discourage the inflow of squatters (ineligible people) in the demarcated project’s right of way. This is usually and has been done in the framework of this project through meaningful consultations with people to be affected by the project, local and community leaders along which eligible persons have been identified. The WB OP 4.12 Para 15 (a, b & c) categorizes those eligible for compensation and resettlement in three groups as shown below. • Those who have formal rights to land including customary/communal land, traditional and religious rights recognized under Rwandan Law; • Those who do not have formal legal rights to land at the time the PAPs and their properties census begins but have a claim to such land or assets provided that such claims are recognized under the laws of Rwanda or become recognized through a process identified in the resettlement plan; • Those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from before the cut of date, but are recognized under World Bank OP 4.12. Those covered under (a) and (b) above are to be provided compensation for the land they lost, and other assistance in accordance with this RPF. Persons covered under (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary, to achieve the objectives of this RAP, if they occupy the project area prior to a cut-off date established by the EDCL/EUCL in close consultation with the potential PAPs, local community leaders and the respective local leader and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All eligible persons above specified are to be provided with compensation for loss of assets other than land with the exception of Kigali City where land will be considered as commercial and will need to be compensated. It is therefore clear that all PAPs irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the cut-off date. Persons who will occupy the area after this RAP’s socio-economic survey and Public consultation meeting sessions will not be considered eligible for compensation or any form of resettlement assistance. 48 | Page IV.2 Eligibility Criteria for PAPs Compensation Determination of the eligibility of PAPs to be compensated shall be done through a transparent and legal process, taking into consideration all the existing laws of Rwanda and the World Bank policies and local customs. Compensation will be paid only to: d) PAPs who have formal rights to land including customary/communal land, traditional and religious rights recognized under Rwandan Law; e) PAPs who do not have formal legal rights to land at the time the PAPs and their properties census begins but have a claim to such land or assets provided that such claims are recognized under the laws of Rwanda or become recognized through a process identified in the resettlement plan and; f) PAPs who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from it before the cut of date, but are recognized under World Bank OP 4.12. The process involved review of tenure documents owned by occupants, interviews with households and groups in the affected area. Local Leaders and the Ministry of Lands have also helped in this assignment that will be undertaken by the EDCL/EUCL Social Safeguards Specialists and consultants if needed. IV.3 Cut-Off Date While WB OP 4.12 indicates that the PAPs should be informed of a cut-off date to give a chance to those who have not been identified as land owners can raise issues, Rwanda law has no such mechanism to protect land owners in case of absentee land lords or users. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration or construction activities into the chosen land areas. Normally, this cut-off date is the date the census begins. Upon completion of the census and asset inventory surveys, and in order to avoid an influx of additional persons, cut-off dates were established along consultation meetings held in sectors of Districts where the Project will be implemented. The cut-off dates were advertised and set during the consultation meetings that were held between the PAPs, Local authorities and the Project staff. Those who encroach on the area after the established cut-off dates will not be eligible for compensation or assistance. It is important to note that any structures or activities established in the ROW, or in areas outside of the ROW but part of the Project after the cut-off date are not eligible for compensation. Any claims for occupation prior to that date, and therefore mistakenly omitted from the Census, will be reviewed against evidence, and referred to the GRM for resolution. 49 | Page Table 6: Cut off dates set in different Districts during consultation meetings. S/N Districts Location (Sectors) Public consultation meetings/ Cut-off dates set per sector 1 KICUKIRO GIKONDO 25/4/2019 2 GASABO KIMIHURURA 2/5/2019 Household Sign-Off & Moves/Land disposal for the project implementation activities The process of agreement, Land disposal for the project implementation activities will be the culmination of a continual consultation and disclosure process, as illustrated by the following key steps: (a) Ongoing Public Consultation with affected households This has been initiated as part of the ongoing stakeholder engagement process. Issues concerning eligibility, entitlements, compensation and valuation have been and will continue to be specifically addressed through surveys, focus groups, and recourse to the Project grievance mechanism. Consultations and grievance reviews will be facilitated by the District Resettlement Committees, Local Resettlement Committees elected along this RAP. (b) Identification & Notification of land resource holders In cases where there is clearly no identified owner or user, the respective local authorities will notify the community leaders and Local Resettlement Committee to help in identifying and locating the land users. These leaders and representatives will also be charged with the responsibility of notifying their members about the established cut-off dates and their significance. Land holders will be informed through formal notification in writing and by verbal notification delivered in the presence of all relevant stakeholders. (c) Documentation of Holdings and Assets In the presence of Local Leaders, elected Local Resettlement Committees, and REG/EDCL/EUCL representatives, meetings with affected individuals have been and will continue to be organized to discuss the compensation process. For each affected individual or household and a compensation report containing necessary information on the affected party household members, inventory of assets affected, and any additional information for monitoring their future status have been completed for documentation purpose along this project implementation. The reports will be kept current and will include documentation of affected properties in respective areas. 50 | Page (d) Agreement on Compensation and Preparation of Contracts All types of compensation have been clearly explained to the individual and households involved. REG/EDCL/EUCL and the Local Authorities prepared a compensation agreement to be used during compensation process. The compensation agreement and the grievance redress mechanisms will be read loudly in the presence of the affected household, village leaders and members of the Local Resettlement Committee prior to signing sequence, which is to happen before the commencement of construction activities. REG will purchase the land and that land will be its property after completing the land transfer process in collaboration with District One Stop Center offices. Each landowner along the Transmission Lines will sign an individual file designated for compensation purposes. (e) Compensation Payments All compensation payments will be made to designate PAPs bank accounts, which accounts husband and spouse are co-signers of the due compensation. A final compensation report will be produced at the end of the process. The timing of compensation will be carefully considered, to ensure that affected households have adequate time to reestablish homes and livelihoods prior to vacating the Project Area. In this regard, compensation payments will be done prior to the commencement of any construction works related to this project. (f) Moves In accordance with Rwanda legislation, households have 120 days to move following receipt of compensation. However, the Project will provide a move time to ensure households have adequate time to be reestablished. Project work will be phased to avoid those physically resettling for as long as possible. This will be accompanied with an addition of 5% of disturbance allowances (g) Follow Up The Project will follow up with compensated and physically relocated households on a regular basis, particularly vulnerable households. This will be done through the elected Local Resettlement Committees. Additional assistance for families may be sourced as required through the District Resettlement Committees, for example assistance of the Social Welfare Department. PAPs should open a bank account in Umurenge SACCO (a local saving and credit cooperative) and where deemed necessary, both wife and husband will sign jointly while withdrawing compensation money, for avoiding the misuse of the compensation money and plausible related conflict. 51 | Page V. PUBLIC CONSULTATION MEETINGS V.1. Introduction The Consultant’s RAP team undertook public consultations to ensure that the Project activities and the likely impacts on the local people and their livelihoods were explained and openly discussed. Consultation meetings with the affected communities and individuals is a key element of the RAP preparation and implementation process. V.2. Key Objectives of consultation The public consultation aims to improve and facilitate decision-making and create an atmosphere of understanding that actively involves individuals, groups, and organizations that can affect, or be affected by, development of the Project. Community consultation meetings covered the following issues: description of the project objectives, components and implementation activities; property and livelihood impacts associated with project implementation; the resettlement/compensation alternatives and strategies available for PAPs; the rights of PAPs; Grievance redress; RAP preparation; valuation principles and procedures; RAP disclosure; and the approval process. PAPs were mainly concerned about the likely impact of the Project activities on their livelihood with respect to displacement on the encroached ROW and damage to the developments/structures. The PAPs and stakeholders consulted voiced the need for prompt and adequate compensation for the PAPs to enable them to re-establish their property and livelihood activities. The views of the PAPs and other stakeholders consulted were documented and have been integrated into the resettlement measures and strategies outlined in this RAP. V.3. Methodology used along the Public Consultation Planning and Implementation People were mobilized in collaboration of the consultant and local authority. The consultant sent an invitation letter describing the project in brief (concept note) to the concerned Districts, its objectives and detailed schedule of meetings in each sector and cell. It also described where the line routes will pass through (sectors and cells) in order to facilitate local authority to invite right people. The Districts informed the sectors and requested the Executive Secretaries of interested sectors to facilitate the consultant by inviting right people (people affected by the Project activities and everyone that will benefit from the Project works) to participate in these public / consultation meetings. After the above administrative methods, the consultant did calls for follow-ups (with sectors executive secretaries) to make sure that people are mobilized to attend the meetings. 52 | Page Meetings were held at different cell offices and establishment of Local Resettlement Committees (LRCs) held at cell level. Public meetings were chaired by mostly the Executive secretary who introduced team of consultants to people attended meetings. After the opening remark given by the local authority, the consultants explained briefly the project, process of RAP, brief on new expropriation law, grievance mechanism, valuation process & principals, the cut-off date etc. After the presentations the community was given opportunity to give their views, comments and queries. Questions were answered, clarifications offered and their recommendations received. 53 | Page Public Consultation Meetings in KICUKIRO District Table 7: Topics, Concerns and expectations raised by stakeholders Kicukiro District, Gikondo Sector, Kinunga Cell, Date: 25/04/2019, Number of Participants: 16 No Topic Issues, concerns and expectations raised by stakeholders 1 Brief introduction of the project, background Team of consultants explained the project to participants. The showed where the project will pass and its objectives through and in general assets to be affected by project activities 2 Are you supporting this project? They supported the project as it will bring development to the city of Kigali and Rwanda as whole 3 What are the project opportunities and positive The project will increase electricity in Kigali and services provided by REG will be improved as impact of the project on your livelihood well. We hope after this project, power shortages will be a history for us. 4 What are the negative impacts of the project on We think that the following negative impacts will occur during implementation of this project: your livelihood? • Relocation from our houses is definitely negative impact; • Accidents which may occur during operation of electrical infrastructures; • We have fear for valuation. He expect to see valuation rate which will be given to our assets will be below market value so that we will not be able to construct new buildings 5 How could we mitigate or avoid above We need to be relocated after receive the compensation calculated based on the real & market value negative impacts? of assets to be affected by the project. Also, the construction contractor should make sure that he/she used sustainable electrical materials. 6 What is your contribution as citizens in We shall mobilize other people to participate in the implementation of this project and we confirm to implementation of this project? be as partners of the project in all phases 7 Is there a similar project implemented in the Yes, many project in Kigali require compensation & expropriation area? 8 If there is another project required Some of negative impacts caused by these project are: expropriation and compensation in the area, • Our neighbor colleagues were relocated far from our homes; which negative impacts it caused? How can we • Some of them were not happy with given compensation package and this created conflicts in avoid these impacts families 54 | Page 9 Which benefits the project will bring to you? We expect that the project will improve quantity and quality of power supplied in this area and hope we shall be recruited during construction activities of this project 10 What do you think on expropriation and We suggest that expropriation should be done before implementation of this project then families to compensation for this project? be relocated will need enough time to move from their assets 11 How this project should support vulnerable The should be supported in: people? • Job opportunities (or the can send someone on their behalf); • To consider them in model village program; • It will be better if during expropriation, they will considered and may be additional assistance should be provided 12 Some of you, will be affected by the project. Compensation n in cash will be better for us so that we can buy houses and build new ones according Which compensation mode do you prefer? to our choices and capacity. (Compensation in cash or compensation in Kind) 13 Introduce the cut-off date and inform them that The cut-off date were explained and people agreed to respect the cut-off date. The a new asset/house to be constructed within the date of the meeting which is 25/04/2019 constitutes the cut off date. right of way after survey/valuation will not be compensated. 14 Where are you expecting to resettle after being The following are PAPs expectations after being compensated in cash and new expected resettlement compensated? sites - Buying new houses in Gahanga-Kicukiro 4 PAPs; - buying new houses in Gikondo-Kicukiro District 2 PAPs; - They have other houses to resettle in Gikondo-Kicukiro District 2 PAPs; - Buying new houses in Nyagasambu-Rwamagana 2PAPs; - Buying new houses in Gasanze-Gasabo 2PAPs. Total 12 PAPs 55 | Page Table 8: Open discussion/ Questions and answers & recommendation # Question raised Response 1. Suggestion: We are suggesting that the valuer should Approved valuer will conduct the valuation, he/she will use market value, consider the actual market value for land and all assets and an independent association of valuers provides these values. After instead of using Government rates which are not fair and valuation, you will sign if you will agree with given value to your asset not updated 2. We suggest that compensation package should be deposed The project will consider this suggestion and transfer money to joint to joint account (household head and spouse) account 3. We suggest this project should be implemented as soon as The project will start next year. The government need to implement this possible because we stop develop or rehabilitate our project in order to increase electricity as presented in Government buildings, but the project implement in next three years. program This disturbs us mentally. 4. We suggest that REG should pay compensation before Compensation will be paid before the implementation of the project as implementation of the project required by Rwanda expropriation law. 56 | Page Public Consultation Meetings in Gasabo District Table 9: Topics, Concerns and expectations raised by stakeholders Gasabo District, Kimihurura Sector, Kimihurura Cell, Date: 02/05/2019 Number of Participants: 20 No Topic Issues, concerns and expectations raised by stakeholders 1. Brief introduction of the project, background and its The project objectives, activities and components were explained to local people attended the meeting. objectives The consultant showed them where the project components will pass trough 2. Are you supporting this project? We support the project as we know that electricity is the main factor of development 3. What are the project opportunities and positive impact We guess that all people of Kimihurura are connected to electricity. We expect that this project will of the project on your livelihood strengthen the capacity of power we have and supply other area of Kigali 4. What are the negative impacts of the project on your Negative impacts which will be caused by the project are: livelihood? • Accidents due to electrification infrastructures • Delay in compensation payment and not enough compensation package; 5. How could we mitigate or avoid above negative Compensation package should be related to the assets to be affected and compensation payments should impacts? be done on time. Also, all assets to be affected by the project should be considered during valuation process 6. What is your contribution as citizens in We shall mobilize people to be flexible in compensation and expropriation process. We ensure that we implementation of this project? will protect these infrastructures to be constructed 7. Is there a similar project implemented in the area? No 8. If there is another project required expropriation and compensation in the area, which negative impacts it N/A caused? How can we avoid these impacts 9. Which benefits the project will bring to you? If the project will provide enough compensation, we shall establish new buildings elsewhere as some people belong in high risk zone as per the Kigali master plan 57 | Page 10. What do you think on expropriation and compensation We hope this project will provide compensation related to the assets to be affected by the project for this project? 11. How this project should support vulnerable people? We suggest that vulnerable people should be prioritized during job recruitment. If possible, REG should connect electricity for their new houses for free of charge. 12. Some of you will be affected by the project. Which All of them prefer compensation in cash. compensation mode do you prefer? (Compensation in cash or compensation in Kind) 13. Introduce the cut-off date and inform them that a new The cut-off date was introduced, and its principals were explained. People promised to not add new assets asset/house to be constructed within the right of way where the project will pass through as additional assets will not be considered during compensation. The after survey/valuation will not be compensated. cutoff date was fixed on 2/05/2019. 14. Where are you expecting to resettle after being The following are the PAPs responses about the resettlement expectations after being compensated in compensated? cash. - Buying new houses in Gasanze-Gasabo 4 PAPs - Buying new houses in Jabana, Gatsata Sectors of Gasabo District 5 PAPs - They have other houses to resettle in Kimihurura-Gasabo District 3 PAPs - Buying new houses in Muyumbu-Rwamagana 2 PAPs - Buying new houses in Gahanga-Kicukiro 4 PAPs Total 18 PAPs 58 | Page Table 10: Open discussion/ Questions and answers & recommendation # Question raised Response 1. Which criteria you used The project components have different buffer zone (corridor). to select people to be The project designer tried to minimize the expropriation. affected by the project? Where the line will be passing, people who have land, houses, trees and crops within the corridor of 12 m will be affected. 2. When the project will be The project will be implemented as soon as the compensation implemented has fully done. However, the RAP clearance will influence the start date. General outcome of meetings As the findings of meetings from public consultations are too much, the table below summarized roadmap of public meetings and key issues discussed during meetings. Table 11: Summary of consultation findings Brief Introduction of the project: Team of consultants explained briefly the project (objectives, components and activities), process of RAP, brief on new expropriation law, grievance mechanism, valuation process & principals, the cut-off date etc. Directives, issue asked by the consultant Concerns and expectations raised by participants Are you supporting this project? People for all visited sites supported the project What are the project opportunities and positive The main opportunity of this project as said by most of participants is impact of the project on your livelihood development of areas. The emphasized that the project will increase investment which will create new jobs which will drive to the sustainable development. Wellbeing will be improved through electrification of health, school facilities as well as administrative facilities. What are the negative impacts of the project on In general, most of visited area blamed delay in compensation of your livelihood? assets affected by the project as well as unfair valuation How could we mitigate or avoid above negative To mitigate these issues, they suggested that valuation and Impacts? compensation rates must be based on local market rates. They also suggested that compensation payments must be paid before commencement of any project activities so that people move from their assets after reception of compensation fees. They also requested enough time to move from their assets after reception of compensation payments What do you think on expropriation and They said that they are hoped that this project will make difference to compensation for this project? other project as the consultation was started at early stage of the project and ask to continue informed on the further process of the project. How this project should support vulnerable For vulnerable people who might be affected by the project, they people? suggest that these people must be compensated in kind (house to house) and suggested that a family member or relative to vulnerable people must be prioritized during job recruitment. 59 | Page Some of you will be affected by the project. All of them suggested to be compensated in cash (if compensation Which compensation mode do you payment will not delay as for other projects). prefer?(compensation in cash or compensation in kind) Introduce the cut-off date and inform them that a The cut-off & its principals were introduced and explained to local new asset/house to be constructed within the right people. People committed to respect the cut-off date but they were of way after survey/valuation will not be worried on the delay in implementation of big project projects. compensated. About the new resettlement sites People are expecting to resettle in new sites as mentioned in consultation meetings table above, other will buy the built houses whereas there are some others who have already other houses to resettle, therefore the compensation amount will help them to build new houses for tenants as source of income. Source: Field Survey VI. RESETTLEMENT IMPACTS VI.1 Introduction It is critical that the resettlement planning process arrives at a detailed understanding of the likely impacts that the Project will have on those subjected to physical and/ or economic displacement. This enables development of appropriate compensation and livelihood restoration plans, which in turn ensure that the affected people are provided with the support needed to re-establish their homes, lives and means of existence post resettlement, mitigating the impacts that resettlement may cause. This section draws upon: (i) the affected community baseline outlined in this RAP (ii) additional information gathered through the socio-economic fieldwork, engagement and consultation process to date; and (iii) the asset valuation work conducted in order to inform the entitlement requirements of each eligible PAH. This section seeks to identify and describe the key displacement impacts that the affected people may experience, the predicted scale of these impacts, and the measures to mitigate these impacts and ensure that the resettlement process is transformed into a mechanism for social development. More specifically, this section includes the following: ▪ An overview of the Project’s key displacement impacts in both communities and the relative magnitude of these impacts. ▪ A more detailed elaboration of each of these displacement impacts, with reference to appropriate sections of the original RAP to provide an indication of the general form that appropriate compensation / mitigation / livelihood restoration measures should take, in order to ensure Project adherence to the requirements of international best practice. VI.2 Overview of key displacement impacts During the construction phase of the project, 44 households will experience displacement as a result of the Project’s land acquisition process. The following table provides a high-level overview of the displacement 60 | Page impacts that the community is expected to face, along with the predicted scale of these impacts in terms of number of affected households /people. Table 12: Key Displacement Impacts and Associated Magnitude Key Displacement Impacts Magnitude HHs to be affected Loss of houses and land occupy High 27 Tenants Minor 14 Loss of both unconstructed plot and houses High 3 Total 44 Number who would also lose or Medium 23 experience disruption in income sources or means of livelihood Source: Field Survey The erection of the Kigali (GIKONDO-KBC overhead line) will imply 44 Households to be affected (where 27 HH will lose houses, 3 HH will lose houses and unconstructed plots, and 14 tenants). The livelihood restoration program will cover 23 HH among them 7 HHs will lose rental houses, 2 Vulnerable PAPs will lose their access to National Social Protection scheme before being reintegrated in the new community and 14 tenants who were renting houses nearest to their daily occupations. All of these will be assisted to restore their livelihood. VI.3 Key displacement impacts details VI.3.1 Loss of Residential Housing Summary of Impacts The erection of the Kigali (GIKONDO-KBC overhead line) will entail 33 plots to be fully affected (where 30 of them have residential structures while three (3) are unconstructed plots). All the 33 plots belong to 30 owners/households. Fourteen (14) tenants live in the houses owned by the 7 PAPs. 3 HHs own both buildings plots and unconstructed plots, 27 HHs possess buildings and land occupied by their houses. Affected houses have corrugated metal roofs and earth floors, the impact on the affected households will be high, and will include: 61 | Page (i) Disruptions of lives and inconveniences related to the need to pack up the contents of the house, finding a new place and finally moving into a new environment; and (ii) Possible emotional distress associated with the loss of a ‘sense of space’, and the feelings of loss of security and familiarity that are attributed to being ‘at home’ in a particular physical context. It is also important to consider the relative vulnerability of the affected household to the impacts of physical resettlement. VI.3.2 Loss of Land plots This loss of land will be permanent and the real value will be applicable; the RoW Corridor is 12m wide, and the construction of MV Lines and their towers will dictate REG to acquire land in the RoW corridor. VI.3.4 Loss of Income and Structures All 33 plots (30 buildings and 3 unconstructed plots) owned by 30 HHs will be lost. Within 30 HHs, seven (7) of them rent their houses to 14 tenants, and this will be lost as source of livelihood income. Best Practice: Appropriate Project Interventions All 30 households that will lose land and houses will be fully compensated for their losses at full replacement cost. However, every PAP will be given three months of transitional time. All 14 tenants will be given a period of three months without paying their rent, as a mean of Livelihood Restoration Program. 62 | Page Table 13: Entitlement matrix Category of Type of Loss No of Compensation for the losses Compensation for forgone Other Assistance/Observation PAP PAHs Income land titles loss of houses 27 The land acquired will be Compensation based on the - Job opportunities to capable PAPs will be owner only compensated in cash. size, location of land acquired available; - Disturbance allowance of 5% will be provided to every PAP. - Cash management, entrepreneurship and disease prevention trainings will provided. - PAPs will be linked to existing Local NGOs which will help them in the Establishment of revolving fund micro-credit scheme; - PAPs will be taught about the benefits of joining existing community-based self-help groups (residents’ tontines, associations, cooperatives, etc.), and they will join willingly these Self-Help Groups (SHGs). - Linking the PAPs with the Microfinance Institutions. loss of both 3 All houses within the RoW will be The valuation will be done - 5 % of disturbance allowance will be houses and compensated in cash as per the based on the real/market value provided to all PAPs. unconstructed preference of PAPs of the building materials. - Cash management, entrepreneurship and plots diseases prevention trainings will be provided. 63 | Page Vulnerable Loss of 2 All properties lost will be fully Cash compensation for the lost - 5% of disturbance allowance, PAPs properties and compensated, and vulnerable properties and be reintegrated - Job opportunities to physically capable PAPs livelihood people will be assisted to in the new society and be where possible will be provided; reintegrate them in new society by helped to adhere to the - Cash management, entrepreneurship and helping them to adhere to the existing National Social disease prevention trainings will be provided; existing national social protection Protection Scheme. - Linking the PAPs with the Microfinance scheme for Vulnerable people Institutions. such as: VUP (Vision 2020 Umurenge Program), One cow per poor family (Gira Inka Munyarwanda), Community Based Health Insurance, Ubudehe, support from public works (Umuganda) Tenants Disturbance 14 They will be provided with three They will be given enough - Capable tenants will have a priority to be caused by months of free rent time (3 months of free rent as hired as work force from the project activities. relocation notice) to look for convenient - Cash management, entrepreneurship and location. disease prevention trainings will provided; - They will be given free three months houses rent. HH who will Loss of source 23 All properties lost will be fully Training on entrepreneurship - Job opportunities to physically capable and lose source of income from compensated in cash. will be provided and they REG skilled PAPs will be available; of Income or rental houses will assist them to work with - Disturbance allowance of 5% will be means of existing microfinance provided to every PAP; livelihood institution like SACCO and - Linking the PAPs with the Microfinance others. Tenants will be given Institutions; free three months of rent. - Right to salvage materials without deduction from compensation; - Cash management, entrepreneurship and diseases prevention trainings will provided. 64 | Page VI.4 Resettlement Sites Due to the fact that PAHs to be fully and physically relocated (30 PAHs), judged to be compensated by cash mode, and after receiving their compensation fee, they will have 120 days (reference to the national expropriation law on public interest, 2015) for relocation to the new sites as per their choice. EUCL will work closely with PAPs and Local Government Officials in the new location of affected people to ensure that their livelihood has been restored at least to the pre-displacement level. However all PAPs gave information on new expected resettlement sites as mentioned in above consultation meeting tables. The project beneficiaries in collaboration with local leaders will provide training sessions to the PAHs about the use of the compensation amount and link them to the Micro Finance Institutions for the management of financial resources. All expected compensation in cash will be paid prior to the construction activities to arrange resettlement on their own to be able to continue with their day to day occupational and social activities. 65 | Page VI.5 Asset valuation and impact level on PAHs on 15 kV overhead transmission line (GIKONDO-KBC) Table 14: Impact Level and Compensation values Parcel Area House Area No Names Village Nature of the impact Impact level (Sqm) Sqm 1 CYUBAHIRO RUTAGENGWA FRANK UBUMWE 1,263 202.4 Loss of land and shelter High 2 JEAN RUGARAMA 53.8 33.2 Loss of land and shelter High 3 NGIRUWONSANGA JUVENAL RUGARAMA 86.8 17.9 Loss of land and shelter High 4 HABYARIMANA EMMANUEL RUGARAMA 66.7 18.1 Loss of land and shelter High High 63.04 0 Loss of land 5 DUSABIMANA JEAN BOSCO RUGARAMA 67 21.1 Loss of land and shelter High 6 MUKANYONGA ASTERIE RUGARAMA 81.9 43.1 Loss of land and shelter High 7 MUJAWAYEZU CYRIAQUE RUGARAMA 128 83.7 Loss of land and shelter High 8 CONSOLATE RUGARAMA 99.8 48.6 Loss of land and shelter High 9 NYIRANSENGIMANA FRANCOISE RUGARAMA 94 68.2 Loss of land and shelter High 10 MUKAMUZIMA CLAUDINE RUGARAMA 66.7 34.7 Loss of land and shelter High 11 GATABAZI FREDERIC RUGARAMA 41.5 35.3 Loss of land and shelter High 12 RUTABANA FRANCOIS RUGARAMA 106.45 45.3 Loss of land and shelter High 66 | Page 212.9 0 Loss of land High 13 KABAGWIRA BEATRICE URWEGO 130.78 105.3 Loss of land and shelter High 14 MUKARUSANGA CONSOLE URWEGO 202.85 150.7 Loss of land and shelter High 15 GATSINZI COLETTE URWEGO 706.5 113.2 Loss of land and shelter High 16 NKUSI FELICIEN URWEGO 192 47.5 Loss of land and shelter High 17 GATSINZI COLETTE URWEGO 706.5 54.4 Loss of land and shelter High 18 MUBILIGI ETIENNE KIGUGU III 112 100.8 Loss of land and shelter High 19 SEROMBA JOHN KIGUGU III 210.9 29.2 Loss of land and shelter High 20 KAMONDO FELIX KIGUGU III 327.6 78.2 Loss of land and shelter High 74.3 0 Loss of land High 21 MUBILIGI ETIENNE KIGUGU III 172.06 55.9 Loss of land and shelter High 22 MUHAYISONI REGINE KIGUGU III 104.4 91.7 Loss of land and shelter High 23 UWAGIRINKA MADALINE KIGUGU III 473.79 140.4 Loss of land and shelter High 24 KAREKERAHO JEANNETTE KIGUGU III 117.3 63.6 Loss of land and shelter High 25 MUKAMANA VERONIQUE KIGUGU III 286.12 47.5 Loss of land and shelter High 212.6 80.8 Loss of land and shelter High 26 HAKIZIMANA JULES KIGUGU III 138.5 Loss of land High 27 BAYISENGE MARIE KIGUGU III 186.36 79.9 Loss of land and shelter High 67 | Page 28 UWIMANA MARIE CHANTAL RUGARAMA 242.01 53.3 Loss of land and shelter High 29 MUKAMUTESI ANNE KIGUGU III 130.08 43.5 Loss of land and shelter High 30 VANDAMA RICHARD KIGUGU III 132.02 25.1 Loss of land and shelter High 68 | Page As the table above portrays, 30 Households will be fully affected because the houses are occupying more than 75% of the parcels; which means that the Households will be relocated from the place to an alternative area depending on the PAPs’ preference. Owners of these houses will be fully compensated for all loses. In reference to the agreed method of compensation, after receiving their compensation fee in cash, they will have 120 days to relocate to the new location as per their choice. In addition, during the installation in the new location, the project (RESSP) will assist them in the livelihood restoration plan (present herein to this report). The following are examples of parcels/plots/houses to be affected. Figure 2: Parcel/plot/house to be affected The above house belongs to Madame MUKANYONGA Asterie and is located on plot no 1002 in KIGUGU III, GIKONDO sector, KICUKIRO district. As it appears on the image, the house fully occupies the land parcel and the only option will be to completely relocate the owner/occupant. 69 | Page VI.6. Compensation framework & assistance Rationale The RAP Compensation Framework, according to the WB OP 4.12, should specify all forms of asset ownership or use rights among the population affected by the project and the project’s strategy for a fair compensation. Key principles adhered to in developing the compensation frameworks are the following: • Compensation and resettlement of project affected people will be carried out in compliance with Rwandan legislation and WB OP 4.12; • Where Rwandan legislation is less favorable to PAPs than WB OP 4.12 requirements or is not applicable, the latter shall apply; • The Project will provide for measures to support sustainable use of cash compensation and for mechanisms within the overall monitoring framework to follow up the use of cash compensation. These will include for instance the opening of the account in the sector’s SACCO (UMURENGE SACCO) account, on which both PAP (men and women) should be co-signatories; • The Project will assist PAPs in restoring their affected livelihoods where required in order to restore livelihoods to at least their previous livelihood; • PAPs will be informed, consulted and involved in decision making during the course of RAP development, implementation and valuation; • Removal of assets, displacement or restriction of access/land use will not occur before necessary measures for compensation are agreed and in accordance with law and international requirements. Measures will include all kinds of compensation and of other assistance prior to, during, or after displacement/physical relocation; • REG, as the project proponent, will ensure that compensation costs, as well as those resettlement costs that fall within their scope of commitment, are considered in the overall project budget as upfront costs. VI.7. Livelihoods restoration and community development programme VI.7.1. Livelihood restoration Program Approach The internationally recognized "Sustainable Livelihood Framework" (SLF) by DFID adopted by most international development practitioners presupposes that there are five types of resources that 70 | Page households require to assure their access to livelihoods. These five resources include; physical capital, human capital, natural capital, financial capital, and social capital, as described in below table. Table 15: Livelihood Assets Livelihood Asset Description Ranking Natural Agricultural and grazing land, water resources, food, N/A timber, fish Physical Houses and Trees X Human Labor force within a household, vocational training X Financial Wages and savings X Social Kinship structures, religious groups, neighborhoods X The SLF further shows how these assets and resources are interlinked, and when effectively combined, can lead to sustainable livelihood outcomes. Therefore, the Project Livelihood Programs could enhance these physical assets in the following ways: Physical Asset: This will be assured through comprehensive and adequate compensation packages to PAPs. Natural Asset: Because PAPs chose cash compensation, they will resettle in the preferable places. However implementing agency (REG) with respective local authorities will ensure that they live a life better than the previous Human Asset: Displaced households will be given priority for project-related employment opportunities. Financial Asset: The Project will create employment opportunities, with displaced households prioritized. In addition, a micro-finance program could be developed with delivery partners. Money management and financial training will be provided to all affected households in receipt of compensation. 71 | Page Social Asset: The Project will continue to foster social networks within the communities and ensure these networks are maintained. Where appropriate, existing community groups should be involved in the delivery of livelihood initiatives. The majority of PAPs work for salary where 30% are civil servants, petty trading with 27% followed by those in transport with 18%. Among the remaining PAPs, 11% are in mechanic, 9% in hairdressing and 5% are in handcrafts Due to its high population density, Rwanda faces the problem that almost all available land is exploited to the very limits of agricultural possibilities and often beyond. The small size of the country (26,336 km2) does not offer any alternative for increasing the amount of arable land. VI.7.2. Livelihood Program Components Based on the predominant livelihood in the Project area and especially for the 30 households to be fully relocated and 14 tenants, initiatives which restore their livelihood of the fully affected families will be the key element of the Livelihood Program. The relocation allowances/assistance will focus on: o Direct compensation to PAHs who will be fully affected prior to construction activities; o Provision of employment to the local communities during construction activities o Cash/Financial Management Training Program; o For the tenants, they will be given free three months houses rent; o Fees of land transfer; o Right to houses salvage materials without deduction from compensation; o Link the PAPs to microfinance institutions. VI.7.3. Direct compensation For all the 30 PAHs that will be affected as a result of the GIKONDO KBC overhead line, a full compensation package will be given to them in reference to national expropriation laws and to the WB OP4.12 principles. This will be in relation to their own choice of the cash compensation. This compensation will be done before construction activities and these PAHs will be given 120 days to avail their land and structures to be demolished. 14 tenants will be given 3 free months of rental houses. 72 | Page VI.7.4. Financial Management Training Program Project-affected households will receive cash compensation mostly in relation to houses and land, as well as additional allowances (e.g. relocation fees specified above). For most PAHs, the compensation amount will be much higher than the money they used to get and manage. Therefore, it is important that all impacted households have access to financial management and basic business training in order to ensure households understand that cash compensation should be utilized to restore lost assets and needs to be held securely. Table 16: Financial Management Training Objectives, Outcomes & Strategies Objective Desired Outcome Strategy Increased knowledge & Improve PAPs utilization and Training in money management, access skills in basic financial management of cash to bank accounts and financial advice management resources Improved utilization of Provision of training in basic business compensation money for management and enterprise long term sustainable establishment livelihood initiatives Strengthening of community groups (farmer associations, cooperatives, etc.) Table 17: Financial Management Program Practices and Services Activity Desired Practices Services Financial o Utilizing cash compensation for o Money management Management livelihood strategies training o Enterprise establishment o Small Business o Undertake income-generating activities Training o Use of credit facilities o Formation of o Market driven production associations and credit o Formation of saving schemes groups 73 | Page Micro-Finance Program Limited funding to undertake income generating activities (IGA) can be a significant obstacle to development of households and communities. The common practice is for community-based groups to rely on members contributions as a savings base for setting up a revolving fund to buy required materials, benefiting from economies of scale, and selling to members at a subsidized rate. Though this approach encourages enterprise development, vulnerable or poor households are disadvantaged. The Livelihood Program proposes linking these households with Umurenge (Sector) saving and Credit Cooperatives (SACCO) in their respective sectors and an additional training on tontines creation, most specifically for less advantaged households, whose income/savings base is low. At village level, participatory poverty assessment that has been undertaken in almost every village in Rwanda by the Ubudehe1 program will be a reference in classifying poor and very poor households that are to benefit from this program. Table 18: Micro-Finance Program Objectives, Outcomes and Strategies Objective Desired Outcome Strategy Increased incidence of Increase access to key PAPs will be linked to existing Local NGOs which profitable income income generating and will help them in the Establishment of revolving generating initiatives and marketing inputs & services fund micro-credit scheme marketing practices Increase quality of key PAPs will be taught about the benefits of joining income generating and existing community-based self-help groups marketing services (residents’ tontines, associations, cooperatives, etc.), and they will join willingly these Self Help Groups (SHGs). 1 Ubudehe refers to the long-standing Rwandan practice and culture of collective action and mutual support to solve problems within a community. In Ubudehe citizens are categorised into four group according to their income and level of living conditions and special program or support are provide to the people in category 1 because they are considered vulnerable. 74 | Page Table 19: Micro-Finance Program Practices and Services Activity Desired Practices Services Income-Generating Initiatives o Enterprise establishment o Strengthening self-help groups, o Undertake/Start IGA including residents’ associations, youth and Vocational Training with the help of women’s enterprises, etc. local churches/Mosques, NGOs etc. o Use of credit facilities o Market driven production o Formation of saving schemes The above series of trainings oriented to the financial management and which include the financial management programs, micro-finance practices and strategies will be given mostly to the PAPs that will receive compensation in cash for them to be unlighted about the saving, investment and business development because of the compensation money. VI.7.5. Gender aspect In general, both spouses of affected households (or all partners for non-marriage or polygamous partnerships) are entitled to participate in livelihood restoration programs. Women will be specifically targeted through gender sensitive engagement and training methods, and through specific activities in both and the microfinance and entrepreneurship fields. Other tips during implementation of this project • Employ a fair proportion of women during construction work. • Disseminate Information about the risks of undesired pregnancy and the dangers of communicable diseases; • Establish and Educate workers about the Zero tolerance for sexual harassment at the work place or in workers’ locations during the day or overnight. • Provide guidance for parents to advice their girls against indulging in negative relationships with workers. • Avoid any gender discrimination during the cash compensations or employment wages. • Avoid Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Violence and Abuse Against Children (VAC). Make bank accounts accessible for both for male and female household members or workers. 75 | Page VI. 7.6. Temporally hardship and Vulnerability VI.7.6.1. Temporally hardship Vulnerability may be viewed in the context of two stages: -Pre-existing Vulnerability -Transitional hardship vulnerability caused by the project related physical and economic displacement. Pre-existing vulnerability is vulnerability that occurs, with or without the project development, whilst transitionally hardship vulnerability occurs because of those directly affected by the project being unable to adjust to new condition due to chocks or stress related to project activities. VI.7.6.2. Vulnerability Involuntary Resettlement if not managed well, may increase impoverishment, vulnerable households being particularly susceptible to the adverse effects of land acquisition and resettlement activities. The main situation leading to impoverishment as a direct result of the resettlement process are: PAPs Disabled, elderly, widows, orphans and young headed households, single women heading households and extreme poor PAPs. However in Rwanda all vulnerable People are classified in Ubudehe category 1. All people in this category are entitled to different social protection scheme including VUP, FARG, RDRC, One Cow per Poor Family and Ubudehe Program (in which people are provided with Community Based Health Insurance). For instance, REG-/EUCL in partnership with the Local Government Authorities of new community receiving the PAPs by helping them to be integrated in existing social protection scheme in that receiving community. This will be done hand in hand with initiatives related to the construction of Village Kitchen Gardens that will be useful to vulnerable people by yielding vegetables and fruits that might be helpful not only in fighting malnutrition but also in generating income to households during the harvest periods. Note: Ubudehe categories classification is done based on household income. Someone who is a widower, elderly, orphan, disabled people is considered vulnerable when his income is not sufficient to help him to access basic needs and he/she is considered as economically disadvantaged. Eg: some identified Widows are businesswomen in Kigali city and classified in UBUDEHE cat 3 of those who have a more stable HH Income in Kigali City. 76 | Page In this community only 2 people were identified as Vulnerable PAPs and are classified in Ubudehe Cat 1. The First (a widow) who is physically disabled. All of them will be linked to the new community and be adhered to the existing social protection scheme. They will also be given priority in employment during the construction works. VI.8. Livelihood Program Management & Partnership The Local government officials of new community where PAPs will chose to resettle REG together with stakeholders are responsible for execution of the Livelihood Restoration Programs. The Livelihood Program will be undertaken in partnership, through identifying existing government agencies, NGOs and community-based groups undertaking such initiatives. These include the existing National Social Protection Scheme implemented in Rwanda such as One Cow per Poor Family program, Vision 2020 Umurenge Program (VUP) and Ubudehe Program. All these programs are implemented in all districts of the country and a budget is provided for this purpose for each budget year. 7 HHs to be physically resettled who lost income from their renting houses, 2 Vulnerable PAPs and 14 tenants occupying some of houses in the project area will benefit from livelihood restoration program. The Vulnerable PAPs identified in this community are also part of these 30 household. The list of Tenants is attached to this RAP, the table below gives the details on LRP. Table 20: Livelihood Restoration Program Category of Responsible Estimated No Benefits PAP entity Budget in Rwf 7 HHs to be Three months of transitional period REG Not Calculated affected 1. REG and Local Capacity Building on cash Government 1,332,500 management and entrepreneurship Officials 77 | Page Right to houses salvage materials PAPs and REG Not calculated without deduction from compensation Already 5% of Disturbance allowance REG counted REG and Local 14 Identified 2. Free three months of renting fees Government 2,220,000 Tenants Officials Already 5% of Disturbance allowance REG counted Three months of transitional period REG Not calculated 2 Vulnerable 3. REG and Local PAPs Capacity Building on cash Already Government management and entrepreneurship counted Officials Linking them to the existing National REG and Local Social Protection Scheme in the Government 850,000 receiving community and LRP Officials Implementation monitoring Right to houses salvage materials PAPs and REG Not calculated without deduction from compensation Estimated cost of L R P 4,402,500 The total estimated amount for the LRP is 4,402,500 Rwf. Alongside the calculated amount there are other services, which will be provided to PAPs like three months of transitional period and building materials from their demolished houses. 78 | Page VI.9. Local employment The Project will develop a proactive Local Recruitment Policy, with a focus on the most impacted households and vulnerable groups. Unskilled and semi-skilled labor should be sourced from project-affected households wherever possible. VII. COMPENSATION AND RESETTLEMENT BUDGET VII.1 Best Practice Guidance It is essential that all costs be estimated carefully and included in a detailed RAP budget. The implementing agency should itemize resettlement costs by categories of impact, entitlement and other resettlement expenditures including training, project management and monitoring. The RAP budget is linked with a detailed implementation schedule for all key resettlement and rehabilitation activities. VII.2 Project RAP Budget Table 21: PAHs Compensation Budget replacement Cost NO ITEM TOTAL COST/Rwf 1. Houses 275,313,000 2 Land 180,754,350 Additional 5% of compensation indemnity for 3 disruption caused by expropriation (Article 28 of 22,803,368 Rwandan Expropriation law, 2015) TOTAL 1 478,870,718 Livelihood Restoration Program excluding 5% of 4 4,402,500 disturbance allowance. TOTAL2 483,273,218 5 Contingency fees (15% of Total 2) 71,830,608 GRAND TOTAL 555,103,825 Kigali Sub-Project- PAHs Compensation Budget 79 | Page The total compensation budget is estimated at 555,103,825 Rwf (Five hundred Fifty-five Million, one hundred and three thousand and eight hundred twenty five Rwandan francs). This amount will be used in compensating identified properties to be damaged along the overhead electricity line between GIKONDO and KIMIHURURA Sectors. The PAPs will benefit from the above compensation and related benefits, the eligibility criteria are described in this report. VIII. RAP IMPLEMENTATION AND MONITORING VIII.1. RAP Implementation Arrangement The preparation and implementation of the compensation and resettlement strategies will require the participation of several institutions at different levels. Coordination of the participating institutions is a critical requirement to a successful compensation and resettlement programs. It is always preferred to have this addressed early into the project cycle, to inform them about their roles and responsibilities, lines of reporting, communication channels, expectations and responsibility limits. In this perspective, the overall coordination of the project will be managed by the Ministry of Infrastructure through REG that will be responsible for overall technical and financial management of the project, and this to include the preparation and implementation of the RAP. These two entities will oversee the compensation and resettlement planning and coordinate issues relating to a fair compensation of Project Affected Persons. Given the importance of the activities under the various sub- components, EDCL (EARP)/EUCL will collaborate with Local Government Authorities falling within the subproject area in coordination and implementation. The implementation arrangements of the RAP build on: • The implementation arrangements for the overall compensation and resettlement process and insure proper coordination between concerned agencies at the National, District and Local levels; and • The implementation arrangements for resettlement and compensation activities in line with the Rwandan legislation and that of the WB OP4.12. 80 | Page Actors involved in both these sets of institutional arrangements need to be considered in the implementation of resettlement and compensation activities for RAP Project. This section describes the optimal arrangements that are built on already existing in the local administrative institutions and structures in place to ensure that laws, regulations and principles of compensation and resettlement are respected. VIII.2. Institutional implementation arrangements A major issue in resettlement implementation and management is development of the appropriate institutional framework for all concerned parties. It is important to ensure timely establishment and effective functioning of appropriate organizations mandated to plan and implement the RAP. The overall coordination of the implementation of the RAP will be provided by REG/EDCL/EUCL, which will oversee all resettlement planning and coordinate all issues relating to the compensation. REG/EDCL/EUCL has a specific Project Implementation Unit (PIU) for the Project, drawing together technical, social and environmental personnel. Activities to perform during RAP implementation are i) Notification to affected parties; ii) Agreement on compensation, including agreement and further development of rehabilitation measures; and iii) Preparation of contracts, compensation payments and provision of assistance in resettlement. The RAP will be implemented under an institutional arrangement. The implementation arrangements of the RAP build on: • The arrangements for the overall program management is of REG/EDCL/EUCL; • REG/EDCL/EUCL will collaborate with other agencies at the National, District and Local levels for coordination; The main executing entity REG/EDCL/EUCL will work in close collaboration with Ministry of Environment through Rwanda Land Management and use Authority (RLMUA) and through Local Government Administration. An institutional matrix has been prepared for the implementation of the Resettlement Action Plan. 81 | Page Table 22: Implementing Institutions and their Responsibility Institution Roles and Responsibilities ✓ Oversee implementation of the RAP ✓ Prepare and update resettlement related documentation to ensure consistency and compliance with RAP ✓ Provide all compensation packages as per RAP REG/EDCL/EUCL ✓ Provide livelihood and vulnerable assistance measures ✓ Overall monitoring and evaluation of resettlement implementation (i.e. annual audits and review of sub-project level monitoring by affected districts) ✓ Work closely with REG/EDCL/EUCL to facilitate resettlement process and ensure it meets national legislation with regard to land ownership and use MoE ✓ Oversee resettlement and compensation process for land resources ✓ Review land title documentation and ensure meets all land legislative requirements ✓ Assist in consultations with PAPs and stakeholders ✓ Review and sign off of all documentation (e.g. compensation agreement, compensation report etc.) District authorities ✓ Transfer compensation payments to PAPs ✓ Monitor proper implementation of RAP ✓ Implement LRP ✓ Engage in project consultation forums PAPs ✓ Participation in measurement and sign-off of assets ✓ Participation in monitoring & evaluation 82 | Page ✓ Fair compensation of assets damaged during construction. This compensation is related to assets to be affected, which belong outside the corridor. For example, in case assets outside the corridor is affected by soil deposit and machines during construction ✓ Social economic specialist and asset valuator included in team ✓ Compensation budget should be included in construction budget Other measures ✓ Equitably distribute jobs to both women and men and prioritize vulnerable Construction contractor households and impacted households ✓ Disseminate sufficient Information about dangers of communicable diseases including HIV/AIDS ✓ Provide Codes of Conduct for workers and communities regarding anti- social behavior ✓ Solicit services of archaeologist for identification of any finds during construction of pylon foundation ✓ Restore all temporary construction works upon completion of project ✓ Interface with District Land Bureau as mandated by revised Land Law ✓ Public Awareness, including extensive consultation with the affected District resettlement people Committees together ✓ Approving land use changes at District/ Sector/ Cell level and ensuring with District One Stop alignment with the Land Use Master Plan center ✓ Approving land expropriation ✓ Provision of information on current land use, land tenure ✓ Ensuring grievance mechanisms meet legislative requirements 83 | Page ✓ Public Awareness ✓ Development and implementation of RAP, including assistance during resettlement, effective consultation with PAPs ✓ Facilitate coordination of information collation activities (such as surveys, Local Resettlement sign-off) for monitoring purposes, in accordance with procedures put in Committees (Grievance place by the district authorities committees) at cell level ✓ Elect representative of the Committee to act as Project Liaison Officer who has regular contact with PAPs and can lead consultation, public participation and grievance mechanisms ✓ To participate in complains resolution During RAP implementation, REG/EDCL/EUCL will play a key role in holding consultation meetings, approving the list of people to be affected by the project, disclosing RAP and compensation payments, following up the resettlement and compensation planning, implementation and monitoring. At the local level, Districts authorities will play a critical role in arranging for consultation meetings with the project PAPs, supervising the resettlement and compensation planning, implementation and monitoring. This will mainly be done through the District One Stop Center. The Districts will also put in place the Resettlement and Compensation and grievance Redress Committee which will be composed by Vice Mayor Economic Development, Legal officer, Land Valuer/Surveyor, Social affairs Officer, Environmental Officer and Executive secretary of all involved sectors. This Committee will implement consultation and grievance mechanisms at the district level. Other responsibilities to be performed by this committee are to act as implementing bodies for RAP related activities at district level, direct partners to the Project Implementation Unit, REG/EDCL/EUCL and lead livelihood restoration programs. Local resettlement and Grievance Redress Committees are established by the consultation meetings organized in January 2018 in presence of Executive secretary of all sectors, representative of REG and in presence of PAPs. 84 | Page VIII.3. Grievance Redress Mechanisms The Grievance redress mechanism is one of the strategies that are put in place to monitor and resolve complaints that may arise during or after the Project implementation by the affected people. The Grievance Redress Mechanism (GRM) ensures that complaints are received, reviewed and addressed by the elected Grievance redress committee. The Grievance committee is elected by the Project affected people during the second consultation meeting held between the District officials, Project representative and the project affected people. The elected committee is based at the cell level and is made up of at least 7members. The PAPs select and vote for 3 candidates (President, Vice president and women representative); the Village leader is selected by the cell executive secretary, the social and environmental officers from the Contractor, Project and supervising company are also part of the elected committee. The main objective of the GRC is to ensure faster and better resolution of Project related complaints. The Grievance redresses Mechanism Structure; Figure 3: Grievance redresses Mechanism Structure Grievance committee at Cell level Max. 4 days Sector level - President - Vice President - Village leader 1 week District level - Women Representative - Cell Executive Secretary - Project representative Court of law - Contractor representative a) Grievance Log In practice, grievances and disputes that are most likely received during the implementation of the construction of the power line Project • Misidentification of assets or mistakes in valuing them; • Dispute over the ownership of a given asset (two individuals who might claim to be the owner of the same asset) • Disagreement over the value given to plot or other assets. 85 | Page • Successions, divorces, and other family issues, resulting in disputes between heirs and other family members, over ownership or ownership shares for a given asset. • Disputed ownership of a business (for instance where the owner and the operator are different persons), which gives rise to conflicts over the compensation sharing arrangements. • Dispute over offsite impacts (for instance, runoff water from the road causing downstream damages • Issue of PAPs with no Bank accounts. b) Grievance resolution approach It is encouraged to resolve the issues right from the cell and Sector levels, as they are so close to the affected communities, aware of and involved in the whole process. The unsolved grievance at the local level can be referred to the District committee. The relevant local administration will then attempt to resolve the problem (through dialogue and negotiation) within 30 days of the complaint being lodged. If the grievance is not resolved in this way, the dissatisfied party can refer the matter to the competent court. Local courts should be used. If not resolved, then the high court or court of appeal of Rwanda remains an avenue for voicing and resolving these complaints. REG/EDCL/EUCL will follow up the aggrieved PAP at each level to ensure that the grievances are resolved. Each cell should identify one PAP to work with REG/EDCL/EUCL, Contractor, supervising firm and the local leaders to ensure that the grievances are attended to in time. The Grievance committee has been elected by the project affected people at cell levels. The elected committee is made up of at least 4 members. The PAPs elected 2 representatives namely one PAP, one women representing the National Women Council. These are supplemented by one Village leader chosen by the Cell leader and representing all concerned villages and the Social Affairs Cell representative. The grievance committee is meant to be near the community in such a way that the PAPs’ complaints are followed up and addressed as soon as possible. 86 | Page VIII.3. Monitoring and Evaluation Overview The EDCL/EUCL will monitor and report on the effectiveness of RAP implementation. The objective should be to provide to the Project (RESSP) with feedback and to identify problems and successes as early as possible to allow timely adjustment to implementation arrangements. Monitoring and evaluation activities should be integrated into the overall project management process, and the RAP must provide a coherent monitoring plan that identifies the organizational responsibilities, methodology, and the schedule for monitoring and reporting. Project Approach The Project will conduct monitoring and evaluation to track the Resettlement Action Plan Implementation with due diligence. The monitoring and evaluation will give particular attention to the project-affected communities, especially vulnerable groups, including female-headed households and orphan-headed households. Monitoring and evaluation have the following general objectives: - Monitoring specific situations or difficulties arising from the implementation, and of the compliance of the implementation with objectives and methods set out in the Resettlement Action Plan - Evaluating emergent, mid-and long-term impacts of the Project on the welfare of impacted households, communities, and local government - Sufficient involvement of the project affected persons in participatory monitoring and evaluation of short term, mid-term and long-term project activities and effects. Monitoring activities will be comprised of three main components: - Internal monitoring - External monitoring; - RAP completion audit. VIII.4. Monitoring & Evaluation The purpose of monitoring is to provide Project Management, and directly affected persons, households and communities, with timely, concise, indicative information on whether compensation, resettlement and other impact mitigation measures are on track to achieve 87 | Page sustainable restoration and improvement in the welfare of the affected people, or that adjustments are needed. Monitoring verifies that: - Actions and commitments for compensation, resettlement, land access, and development in the RAP are implemented fully and on time; - Entitled persons receive their compensation on time; - Compensation and livelihood investments are achieving sustainable restoration and improvement in the welfare of Project-Affected Persons, households and communities; - Complaints and grievances are followed up with appropriate corrective action; - Vulnerable persons are tracked and assisted as necessary; - Gender balance is considered during job recruitment. In brief, monitoring answers the question: Are Project compensation, resettlement and other impact mitigation measures on time and having the intended effects. Monitoring will consist of (a) internal monitoring by REG as an integral part of management, working with the impacted communities; and (b) external monitoring by the consultants, working with the impacted communities. Monitoring will be done by: - Audit - Conventional sample surveys - Community participation a) Internal Monitoring It is proposed that internal monitoring of RAP implementation will be undertaken by REG/EDCL/EUCL. Monthly progress reports will be prepared and submitted to management and relevant government authorities. The internal monitoring will look at inputs, processes, and outcomes of compensation/resettlement/other impact mitigation measures. Monitoring will include stakeholder participation where possible, particularly directly-affected communities. This may include participation in household sign-off activities, monitoring of livelihood program activities, etc. Indicator selection for the purpose of monitoring and evaluation would be guided by the following principles: 88 | Page Preference for fewer indicators that have significant validity over more indicators of less significant value Preference for indicators used by national institutions in order to be able to compare results with control groups in other parts of Rwanda, and avoid reinventing the wheel Measuring outcome and impacts on the following levels: - Monetary measuring of livelihoods through a quantitative income or expenditure survey - Qualitative indicators measuring perception of Project-Affected Persons. 89 | Page Table 23: Selection of Indicators for Internal Monitoring Monitoring Activity and specific monitoring parameters Monitoring Aspect Frequency Performance Progress in technical validation of affected assets and signature Monthly against of compensation agreements between PAP and REG: % schedule complete Payment of compensation and delivery of livelihood restoration measures: % complete Grievance process: no. of grievances received/responded/resolved Consultation activities: records of meetings, discussions, interviews, etc. Summary of monitoring activities, to be integrated into the RAP Implementation Status Reports Overall Was compensation paid to assets owners? Monthly restoration of % of total payments/livelihood measures completed, in livelihoods and progress, not started, on appeal income Was compensation in general in line with agreed rates and in – time? % of total payments made at agreed rates % within agreed time frame How is the response of affected people to the livelihood programs? % enrolment of affected households Where livelihood restoration measures delivered for all groups of affected people? % of total livelihood restoration measures in progress not started 90 | Page Monitoring Activity and specific monitoring parameters Monitoring Aspect Frequency Was financial training delivered to all groups of affected people? % of affected households in financial training completed, in progress, not started, appeal Did affected businesses receive entitlements? % of total completed, in progress, not started, in appeal Have vulnerable people been identified on the household level? % of household situations reviewed Have special needs of vulnerable groups been identified and addressed? % of vulnerable people addressed with targeted measures Have physically displaced people managed to re-establish a new place of residence? % of displaced people established new place of residence Have affected businesses been restored? % of restored businesses Change in farm productivity levels (%) and PAP incomes (%). Same for businesses How have changes of income changed overall household economy of PAPs? Factual description Number of skilled and non- skilled PAPs engaged in construction workforce (or otherwise employed as part of Project)? Total no. of PAPs who applied for jobs, % employed part-time/full-time, % undergoing job training 91 | Page Monitoring Activity and specific monitoring parameters Monitoring Aspect Frequency Are livelihood restoration measures proving effective? Summary professional opinion Are any additional support measures required? Professional opinion based on all results to date Level of PAP How do PAPs perceive the extent to which their overall Continuously satisfaction livelihood has been restored? Results of routine interviews with PAPs Have PAPs experienced any hardship as result of the Project? Results of routine interviews with PAPs Consultation Do PAPs understand the process of land acquisition/ and compensation/ livelihood restoration measures? Grievances Results of routine interviews with PAPs Do PAPS understand avenues for expressing grievances? Results of routine interviews with PAPs What types of grievances have been issued and how have these been resolved? How many outstanding? Summary of input from Grievance Procedure and routine interviews with PAPs: factual information. b) External Monitoring and Evaluation An external audit will be undertaken by an external party to the project implementation team with the aim to assess the compliance of the RAP implementation to the project RPF. For this purpose, REG will hire a qualified external social auditor with significant experience in resettlement to carry out an annually review focusing on the assessment of compliance with social 92 | Page commitments contained in Rwanda legislation, World Bank Policies and this Resettlement Action Plan. Objectives of the review are as follows: • To assess overall compliance with the RAP • To verify that measures to restore and enhance Project-Affected Peoples’ livelihoods and are being implemented and to assess their effectiveness • To assess the extent to which the livelihoods of affected communities are being restored in an appropriate manner and how their living standards were improved. c) Resettlement Completion report The purpose of the Completion report is to verify that REG has complied with resettlement commitments defined by the RAP, and more generally is in compliance with national and World Bank procedures on involuntary resettlement. Reference documents for the Completion Audit are the following: • This Resettlement Action Plan • Rwanda Legislation • World Bank regulations and guidance related to involuntary resettlement. The main objectives of the completion audit are the following: • General assessment of the implementation of the RAP against the objectives and methods set forth in the RAP • Assessment of compliance of implementation with laws, regulations and safeguard policies • Assessment of the fairness, adequacy and promptness of the compensation and resettlement procedures as implemented • Evaluation of the impact of the compensation and resettlement program on livelihood restoration, measured through incomes and standards of living, with an emphasis on the “no worse-off if not better-off” requirement • Identification of potential corrective actions necessary to mitigate the negative impacts of the project, if any, and to enhance its positive impacts. The Completion Audit will be based on documents and materials generated by internal and external monitoring. In addition, auditors will make their own assessments, surveys and interviews in the field with stakeholders. 93 | Page IX. RAP DISCLOSURE AND COMPLETION The RAP disclosure, aside of informative meetings with PAPs and concerned communities, will be done by the Ministry of Infrastructure through EDCL/EUCL- which will disclose this Resettlement Action plan by making copies available at its head office and website as well as in District where the project will be implemented, in a bid to inform not only local leaders but also the Persons to be affected by the project. The Government of Rwanda will also authorize the World Bank to disclose this RAP electronically through its InfoShop. RESSP will at the end of the RAP implementation submit a final progress report to the World Bank. The final report will indicate the effectiveness of the RAP implementation process, including: the organization and delivery of compensation payments and other resettlement measures; the grievance handling system; the M&E system; the community and public engagements, including vulnerable PAPs; and the socio-economic impacts of the resettlement measures. The final report will give an overall assessment of the RAP outputs against inputs indicating the planned activities completed and not completed as well as the lessons learnt during the RAP implementation. The following table demonstrate RAP Implementation schedule. 94 | Page Table 24: RAP Implementation Schedule Year 2019 1 2 3 4 5 6 7 8 9 10 11 12 Phase 1: Preparatory activities (3 months) Census of RAP assets and socioeconomic 1.1 X X surveys of PAPs and affected communities 1.2 Preparation of RAP report X Phase 2: RAP implementation 2.1 Recruitment of Valuer for assets valuation X 2.2 Valuation of assets, Sign-Off Process X Mobilize REG/EDCL/EUCL for X X X X X 2.3 compensation and expropriation money through MINECOFIN 95 | Page REG/EDCL/EUCL to compensate PAP and 2.4 X X resettle concerned PAPs 2.5 Move from compensated assets X X X X X X X X X X 2.6 Implementation of livelihood programs Implementation of vulnerable PAP X X X X X X 2.7 assistance X X X X X X Supervision of RAP implementation and 2.8 livelihood restoration success 2.9 Reconstruction audit X 96 | Page ANNEXES Annex 1: Established grievance committees within the two communities. GRIEVANCE REDRESS MECHANISM COMMITTEES EPC: Kigali City DISTRICT GASABO Sector: KIMIHURURA Cell: KIMIHURURA ELECTED COMMITTEE # Names Attribute 1 NGOGA Egide CE/S 2 MUKAKAJUGA Viviane Women Representative 3 RUTABANA François PAPs Representative 4 MUKANDEKEZI Safina Village leaders Representative 97 | Page DISTRICT KICUKIRO Sector: GIKONDO Cell: KINUNGA ELECTED COMMITTEE # Names Attribute 1 MUNYARUBUGA François Village leaders Representative 2 BAYINGANA Claver CE/S 3 BATAMURIZA Valérie Women representative 4 MUKAMANA Véronique PAPs representative 98 | Page Annex 2: List of tenants and House owners S/N FULL NAMES OF TENANTS HOUSE OWNER LOCATION 1. MUPENZI ALPHONSE GATABAZI FREDERICK KIMIHURURA/GASABO 2. BIMENYIMANA J PAUL MUJAWAYEZU CYRIAQUE KIMIHURURA/GASABO 3. KWIZERA J BAPTISTE MUJAWAYEZU CYRIAQUE KIMIHURURA/GASABO 4. NKUSI DANCILLE MUKAMANA VERONIQUE GIKONDO/KICUKIRO 5. NIYOMUGABO JOHN KAMONDO BERNARD GIKONDO/KICUKIRO 6. KANYAMIBWA ETIENNE MUMARASHAVU CLAIRE GIKONDO/KICUKIRO 7. KARINGANIRE ETIENNE MUMARASHAVU CLAIRE GIKONDO/KICUKIRO 8. NIYIBIZI FIDELE RUNGENDE ALPHONSIEN GIKONDO/KICUKIRO 99 | Page 9. MUHIRE THADEE MUJAWAYEZU CYRIAQUE KIMIHURURA/GASABO 10. MUHIRWA MARTIN MUJAWAYEZU CYRIAQUE KIMIHURURA/GASABO 11. CYURINYANA MUKANKUBANA COSOLEE KIMIHURURA/GASABO 12. NYIRAHABIMANA HERENE MUKANKUBANA COSOLEE KIMIHURURA/GASABO 13. GASHUMBA HASAN MUKANKUBANA COSOLEE KIMIHURURA/GASABO 14. TUYIZERE FABRICE MUKANKUBANA COSOLEE KIMIHURURA/GASABO 100 | Page Annex 3: Sample grievance redresses form Grievance Number Copies to forward to: Name of the recorder (Original) Receiver Party District/ Sector/Cell (Copy)- Responsible Party Date INFORMATION ABOUT GRIEVANCE Define the Grievance INFORMATION ABOUT THE COMPLAINANT Forms of Receive Name-Surname Phone line Address Community/Information meetings Village/ Cell Mail Sector/ District Informal Signature of Complainant Other Employ Worker Incidents Resettlement ment Other Construction Process Regarding (specify) And (specify) Community Relations 101 | Page Expropriation and Recruitment - Nuisance from dust (Specify) - Compensation Nuisance from noise Vibrations due to - explosions (Specify) -Misconduct of the project personal/worker - Complaint follow up Other Grievances Close Out Form Grievance Number:……………………………………………………………………….. Define immediate action required:…………………………………………………… Define long term action required (if necessary)…..................................... Verification of corrective action and sign off CORRECTIVE ACTION TAKEN DUE DATE Responsible Party Notes: This part will be filled in and signed by the complainant when he/she receives the compensation or file is closed out Complainant……………………………………………………….. Name and signature………………………………………………………… Date………………/…………. /…………. Representative of Responsible Party…………………… Title, Name and Signature………………………………. Date……………………………………………………… 102 | Page Annex 4: Valuation Costing References INSTITUTE OF REAL PROPERTY ORDRE DES EVALUATEURS VALUERS IN RWANDA DES BIENS IMMOBILIERS AU RWANDA SECTOR LEVEL REFERENCE PRICES KIGALI CITY 1.1. GASABO DISTRICT price_sqm 1. sector Count Mean min Max 2. Bumbogo 1 113 6 705 16 107 068 3. Bumbogo 1 113 6 705 16 107 068 4. Gatsata 118 10 416 164 102 131 5. Gikomero 192 1 287 16 11 375 6. Gisozi 313 14 201 246 152 550 7. Jabana 904 3 858 3 70 360 8. Jali 394 4 087 23 113 858 9. Kacyiru 9 35 098 166 96 114 10. Kimihurura 26 48 150 694 132 793 11. Kimironko 243 25 630 2 006 169 676 12. Kinyinya 923 12 766 139 136 973 13. Ndera 1 520 5 327 33 79 907 14. Nduba 490 3 557 48 71 055 15. Remera 68 50 334 28 120 635 16. Rusororo 1 120 8 389 12 151 169 17. Rutunga 147 2 094 23 60 999 1.1.2 KICUKIRO DISTRICT 1. Gahanga 1 754 4 207 16 44 622 2. Gatenga 723 6 909 9 78 161 3. Gikondo 44 21 131 18 80 050 4. Kagarama 427 21 941 421 102 525 5. Kanombe 1 307 5 440 146 85 175 6. Kicukiro 18 48 026 13 029 76 467 7. Kigarama 354 10 640 224 72 536 8. Masaka 2 102 4 922 2 70 435 103 | Page 9. Niboye 96 35 818 2 407 106 812 10. Nyarugunga 337 16 242 563 85 582 1.1.3 NYARUGENGE DISTRICT price_sqm sector Count Mean min max 1. Gitega 6 16 262 1 426 36 308 2. Kanyinya 275 2 339 13 28 274 3. Kigali 729 3 021 7 60 683 4. Kimisagara 23 4 288 595 22 569 5. Mageregere 529 2 379 21 39 789 6. Muhima 15 65 606 11 807 122 983 7. Nyakabanda 15 14 620 753 27 885 8. Nyamirambo 238 4 265 208 51 506 9. Nyarugenge 6 71 680 942 151 697 10. Rwezamenyo 2 29 880 13 144 46 616 Source: Official Gazette no. Special of 08/11/2018 104 | Page