SFG3664 REPUBLIC OF RWANDA MINISTRY OF LOCAL GOVERNMENT LOCAL ADMINISTRATIVE ENTITIES DEVELOPMENT AGENCY RESETTLEMENT POLICY FRAMEWORK FOR THE SOCIAL PROTECTION INVESTMENT PROJECT FINANCING OPERATION (P162646) September 2017 EXECUTIVE SUMMARY The Government of Rwanda aims to eradicate extreme poverty by 2020. In order to achieve this demanding target, there is a need to strengthen social protection policies and programs to more effectively promote sustainable graduation out of extreme poverty and strengthen household resilience to a wide range of shocks. Similarly, the Government of Rwanda has established reducing child chronic malnutrition as a national priority and recently approved a new ECD policy that calls for social protection to contribute to meeting ECD goals. The VUP, as the main social protection intervention in Rwanda, has therefore been called upon to ensure greater focus on nutrition and child sensitive social protection. The Government with the support from the World Bank, is therefore in the process of preparing a Social Protection Investment Project Financing (IPF) operation to help accelerate the achievement of Rwanda’s poverty and malnutrition reduction goals and set the foundations for a more comprehensive, efficient, effective, inclusive and sustainable social protection system for the future. The Programme Development Objective is to “support the Government of Rwanda to improve the coverage of the vulnerable and the effective delivery of Rwanda's main social protection programmes”. The programme will support the strengthening and expansion of Rwanda’s flagship s ocial protection programme – the Vision 2020 Umurenge Programme (VUP) – as well as key complementary initiatives relating to nutrition. Furthermore, the programme will build capacity for evidence-based policy-making and service delivery at both national and decentralized levels. The Project will be implemented by the Ministry of Local Government (MINALOC) and Local Administrative Entities Development Agency (LODA). The Programme Development Objective is will be to “to improve the coverage and effectiveness of Rwanda’s main social protection program, the Vision Umurenge Program (VUP), for targeted vulnerable groups ”. ”. The project is currently in the final design stages and below is a summarized description of the proposed project components: Component 1: Improving coverage, adequacy and effectiveness of the Vision Umurenge Program (VUP) cash transfers. i) The project will support the continuation of Direct Support (DS) to households without labor capacity and expand coverage to moderately labor-constrained households caring for a person with a severe disability. ii) The project will support the expansion of Classic Public Works (cPW) from 240 sectors to 270 sectors over the lifecycle of the project or by the end of the operation, with progressive improvements in coverage of eligible households, improve effectiveness in timeliness of payments as well as increase the average number of days’ work offered, so that households can accumulate total annual transfers. iii) The project will support the extension of the Expanded Public Works (ePW) sub-component to reach moderately labor-constrained households caring for children, through multi-year, flexible, part-time work opportunities to in road maintenance and home-based childcare sub projects. The ePW participants will be employed as child caregivers and trained and supervised by appropriate staffs with resultant synergies to the nutrition and early childhood development objectives of the IPF. The coverage of ePW will be deepened in each sector to reach 1| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 more households and geographical coverage will be expanded from the current 30 sectors to all 270 cPW sectors by the end of the project period. However, it is important to note that the types of project implemented under VUP public works are characterized by their high labour-intensity (at least 70% of project budgets are spent on wages for unskilled manual labour), community-based implementation modality, relatively small size (for example community road rehabilitation projects are expected to average only 11km in length in FY2017/18)) and extremely limited (if any) use of heavy machinery. Project types are likely to include: greening and beautification; community road maintenance and rehabilitation1; urban drainage; reclamation of degraded marshland for agriculture; progressive and radical terracing; and rehabilitation and construction of water and sanitation networks and refurbishment of small structures to house community-based child care centers. VUP Public Works project designs are supported by simple feasibility studies which consider social and environmental risks and all proposals are all reviewed by the Local Administrative Entities Development Agency (LODA) prior to their implementation by Local Governments to ensure compliance with VUP Public Works guidelines (including, for example, project type and labour-intensity) with ineligible or inappropriate projects being rejected where necessary. Furthermore, VUP PW projects are often implemented as sub-components of wider infrastructure development projects (such as the construction of Integrated Development Programme Model Villages) for which comprehensive environmental and social safeguarding mechanisms may already be in place. These principles are set-out in the VUP Programme Document and associated VUP Classic Public Works Guidelines and LODA’s guidelines on conducting feasibility studies for public works. As per these guidelines and established practices, the following subprojects are considered eligible/ineligible: Eligible subprojects Ineligible subprojects Greening & beautification projects Construction of health centers and schools Progressive terrace construction Electrification projects Radical terrace construction Any project that is not compliant with labour- Road construction2 intensity regulations Road maintenance Road rehabilitation3 Marsh rehabilitation However, that the enhanced environmental and social safeguarding requirements often associated with Road Construction would significantly affect timeliness of implementation of VUP PW projects (and thereby undermine achievement of social protection objectives), it is unlikely that the SP-IPF funds will support many Road Construction projects. Similarly, if the cost of envionrmental or social mitigations leads to a decline in labour-intensity below the 70% threshold, projects will be rejected by LODA or an alternative source of funds will be identified for either the project as a whole or for implementation of the mitigation measures. 1 VUP public works road construction, reabhlitation and maintenance projects largely focus on Class II unpaved roads and unclassified roads (as per RTDA guidelines) 2 Road construction refers largely to Category II unpaved and unclassified community roads. 3 Road rehabilitation includes: Install/repair ditch blocks; Restore drainage channels; Install additional cross-drain culverts; Repair/stabilize road embankment or running surface;Repair or remove bridge structures;Install open top culverts;Construct water bars;Remove all windrows or berms on road; Construct fords. Roads are usually ‘Class II unpaved’ roads or unclassified roads as per RTDA guidelines. 2| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Component 2: Enhancing access to human capital and economic inclusion services i) This component is designed to contribute to and improve human capital creation and economic inclusion services, with a particular focus on combating chronic malnutrition and improving child development goals. Included also is the scale up of Minimum Package for Graduation (MPG) to promote skills, resilience and graduation from extreme poverty. Scaling up will be based on and adopting principles of “learning by doing” approach with innovative solutions/interventions to improve resilience in poor households. ii) Sensitization and community mobilization sub-component will provide group-based awareness-raising and training of beneficiaries, as well as public information. Strong linkages shall be formed between the caseworker model and individual households to enable the identification of common household priorities for group training and awareness-raising that will result in strengthen beneficiaries’ awareness of their social protection entitlements and available complementary services and provide training on a range of issues critical to the realization of households’ productive and human capital potential. iii) There shall also be implementation of behavior change communication (BCC) as stunting remains a major challenge across all wealth quintiles, with evidence pointing to deeply grounded behavioral issues. Two different type of interventions will be carried out: i) community-based activities targeting pregnant and lactating mothers, community health workers (CHWs), local leaders and religious leaders at the village level; and ii) national communication campaigns to promote proper nutrition through mass media. iv) Also implemented under this component is “improving childcare services for vulnerable families sub component”. The project will provide support to low-cost ECD services through home-based childcare modalities that would include through: (i) refurbishment work on homes (or community spaces in case no suitable homes can be found) to provide support to home-based childcare groups, (ii) specialized supervision and training arrangements will be established to support the new home-based care ePW sub-component. v) Another sub component is “parenting training and support for nutritionally vulnerable families ” will involve outreach and support to nutritionally vulnerable communities and households utilizing the different cadres of sectorial caseworkers available at the local level. vi) Scaling up the “Minimum Package for Graduation” shall involve case workers and asset transfer. MPG program document will be reviewed and tools updated or developed where necessary to strengthen case worker impact and asset transfers results. The MPG will be scaled up in 270 by the end of project cycle. Component 3: Capacity building for policy development, systems strengthening and program management This component will support the Government at various levels to implement Components 1 and 2, as well as improvements of the larger social protection system in Rwanda. Key sub components include: i) Evidence-Based Policy and Program Implementation and Development including new and innovative program design changes for the VUP as well as support to other analytical work and expert technical advice to improve VUP monitoring mechanisms and impact evaluation design and implementation. Policy and strategy assessments, including a mid-term assessment of the new NSPS, will be supported, as well as VUP evaluations and M&E training. ii) Improvements in service delivery systems with substantial efforts have gone into designing and improving social protection service delivery systems such as a comprehensive integrated social protection management information system (iSP-MIS), which serves as an integrated registry and link to the Ubudehe database (social registry) and other program specific registries as well as the national identification database. 3| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 iii) Capacity Building and Institutional Strengthening. Support will be provided to build human resource capacity at all levels: central, district, sector and cell. At central level, the IPF will finance additional posts in the LODA and MINALOC SPIUs and technical assistance to the NFNCS, in order to strengthen technical, financial and procurement capacities for implementation of the IPF. Therefore a Resettlement Policy Framework (RPF) is required to provide principles, organizational arrangements and funding mechanisms for any displacement and resettlements that may be necessary during implementation of the Social Protection Investment Project Financing (SP-IPF) whose components must comply with the applicable Rwanda laws and regulations and the World Bank safeguard Policy on Involuntary Resettlement (OP 4.12). The RPF provides the basis for preparing Resettlement Action Plans for individual sub-projects once their location and scope are known. Resettlement plans for specific subprojects causing displacement in the SP-IPF will be prepared using this RPF and submitted to the World Bank for approval.The project is expected to have the following social negative impacts resulting from public works implementation including feeder roads rehabilitation, marshlands rehabilitation, radical terraces development: - Loss of land for Roads upgrading and spot improvement, or for construction of irrigation canals/ditches for marshlands rehabilitation or for settlements/schools construction - Loss of privately owned land for use as borrow pits - Loss of crops or assets due to radical terraces development - Loss of crops and structures/assets on these lands - Temporary or permanent loss of land from access Roads Other activities including refurbishment of already existing home based facilities such as latrines and other public and community infrastructures may require tree loss due to cutting down of trees for roofing and strengthening latrines or existing home based infrastructures. The project will use this RPF and prepared RAPs as a guideline to resettle and compensate all affected PAPs. But, in brief, these will be the different measures of compensation:  For PAPs who are losing the land, first option is a land replacement. Full monetary market value compensation for strips of land lost, should be the last option. If PAPs receive monetary compensation, they should receive some guidance/training on managing the funds  For those losing buildings and other assets (including crops/plants/trees); they will be resettled and compensation will be done based on market value for the structures to be demolished  PAPs will be provided with development assistance in addition to compensation measures described (water and energy supply for example). They will also receive assistance with relocation, and cover all the costs of moving any salvageable parts of existing structures and reinstallation and start-ups  PAPs with affected business activities will receive assistance to restore business including training and capacity building if required. 4| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Legislative Framework The Rwandan constitution, the law No. 32/2015 of 11/06/2015 related to expropriation in the public interests, law N° 43/2013 of 16/06/2013 governing land in Rwanda, law No 17/2010 of 12/05/2010 establishing and organizing the real property valuation profession in Rwanda and law No 55/2011 of 14/12/2011 governing roads in Rwanda are different national laws and regulations applicable to this project. They are complemented with the international provisions, especially OP4.12 of the WB and will all help to establish procedures for the compensation exercise and assets valuation. Institutional Implementation Arrangements The main executing and accountable agency at national level will be the Local Administrative Entities Development Agency through its Single Projects Implementation Unit. At sub-national level, the District authorities will play a critical role in supervising subproject resettlement and compensation planning, implementation and monitoring. Other stakeholders include MINALOC, MININFRA, MINAGRI, MINIRENA, RTDA and RLMUA. Valuation and Compensation As per the Valuation Law, all peoples affected by expropriation must receive fair and just compensation. The calculation of fair and just compensation is to be made by independent valuer based on the market price of the property. The RPF provides for methods and valuation templates in line with the Rwandan expropriation law and applicable internationally and are equivalent to market value. In order to ensure that OP4.12 requirements are met for valuation, these valuation methods are to be adopted for all sub-projects requiring expropriation. The process of undertaking RAP for each subproject will include a screening process, a socioeconomic census and asset inventory of the area and identification of Project Affected Persons (PAPs). This will be followed by the preparation of a Resettlement Action Plan (RAP), its review and approval by LODA and WB, the RAP implementation and monitoring. This RPF has an inbuilt grievance procedure that will be used to address grievances that arise during the RAP process. This mechanism will be administered, as far as possible, at the Cell level by the Resettlement and Compensation Committee to facilitate access by PAPs. A representative of the Committee will act as District Project Coordination officer and be the main project contact for all PAPs. All grievances concerning non conformity with the RPF, levels of compensation, or displacement of assets without compensation shall be addressed to the District Project Coordination officer and resolved in coordination with the District Land Office and project Coordination. Monitoring and Evaluation The arrangements for monitoring the resettlement and compensation activities at the national level will fit the overall monitoring program of the entire SP-IPF, which will fall under the overall responsibility of LODA. At the sub-project level, the District authorities will have responsibility for ensuring monitoring is undertaken with the Resettlement and Compensation Committee coordinating efforts. Periodic evaluations will be made in order to determine whether the PAPs have been paid in full and before implementation. Budget The cost for implementing the resettlement program for all sub-projects is estimated to be four million three hundred and twenty thousand dollars (USD 4,320,000). This figure has been estimated from similar costs and by comparing 5| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 other RPF with similar scope. Due to the fact that the feasibility of the sub projects has not been undertaken, the exact unit prices, the number of people to be affected, and the scope of land acquisition are estimates, the exact figures will not be known until the RAPs are prepared. The budget for compensation shall be provided by Government of Rwanda. 6| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................................................................................ 1 GLOSSARY OF TERMS ............................................................................................................................................................................ 1 ABBREVIATIONS AND ACRONYMS ....................................................................................................................................................... 3 CHAPTER ONE: INTRODUCTION AND PROJECT DESCRIPTION ....................................................................................................... 4 1.1. General context ........................................................................................................................................................................ 4 1.2. Description and Scope of the Project........................................................................................................................................ 5 1.3. Resettlement Implications ......................................................................................................................................................... 8 1.4. The Rationale of RPF for the Social Protection Investment Project Financing Operation ........................................................ 9 1.5. Methodology for the preparation of RPF ................................................................................................................................. 10 CHAPTER TWO: POLICY, LEGAL AND INSTITUTIONAL REQUIREMENTS ..................................................................................... 11 2.1. Principles and Objectives of the Resettlement Policy Framework .......................................................................................... 11 2.2. National Relevant Policies and Strategies .............................................................................................................................. 12 2.3. National Resettlement Regulations......................................................................................................................................... 14 2.4. World Bank Involuntary Resettlement (OP/BP 4.12) .............................................................................................................. 16 2.5. Comparative Analysis between Rwanda Legislations and World Bank OP 4.12.................................................................... 17 2.6. Institutional Framework ........................................................................................................................................................... 24 2.7. Criteria for Expropriation and Compensation .......................................................................................................................... 24 CHAPTER THREE: SOCIO-ECONOMIC BASELINE AND LAND TENURE SYSTEM AND PROVISIONS ......................................... 28 3.1 Population and Demographic Characteristics .............................................................................................................. 28 3.2 Human settlements .................................................................................................................................................. 29 3.3 Socio – economic activities. ...................................................................................................................................... 29 3.4 Land tenure system in Rwanda ................................................................................................................................. 30 CHAPTER FOUR: ASSESSMENT OF PROJECT AFFECTED ASSETS AND PERSONS .................................................................. 31 4.1 ELIGIBILITY CRITERIA ............................................................................................................................. 31 4.2 METHODS OF ASSETS VALUATION .............................................................................................................. 35 4.3 CALCULATING COMPENSATION FOR ASSETS ................................................................................................. 36 CHAPTER FIVE: PUBLIC CONSULTATION AND PARTICIPATION ................................................................................................... 38 5.1 Public consultation .................................................................................................................................................................... 38 5.2 Consultation with Other Relevant Stakeholders ....................................................................................................................... 38 5.3 Consultation with Directly Affected Persons ............................................................................................................................. 39 CHAPTER SIX: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS ............................................. 41 6.1 Preparation of Resettlement Action Plan .................................................................................................................................. 41 6.2 Mechanism for consultations and public participation............................................................................................................... 44 6.3 RAP grievance redress mechanism.......................................................................................................................................... 46 CHAPTER SEVEN: IMPLEMENTATION, MONITORING AND BUDGET ............................................................................................. 48 7.1 Resettlement Policy Framework Implementation Arrangements .............................................................................................. 48 7.2 RPF Monitoring and Evaluation Framework ............................................................................................................................. 51 7.3 Estimated budget for RPF implementation ............................................................................................................................... 54 7.4 Disclosure of Social Safeguards Instruments ........................................................................................................................... 55 REFERENCES ........................................................................................................................................................................................ 56 ANNEXES ............................................................................................................................................................................................... 57 1| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 GLOSSARY OF TERMS Unless the context dictates otherwise, the following terms shall have the following meanings:  “Abunzi” an elected dispute resolution body in Rwanda at the cell level with mandatory jurisdiction over disputes involving amounts less than three million Rwandan francs, which means almost all land disputes. The Abunzi also have mandatory jurisdiction over succession and boundary disputes involving less than three million Rwandan francs.  “Act of public interest” an act of Government, public institution, nongovernmental organization, legally accepted associations operating in the country or of an individual, with an aim of a public interest.  “Census” is a complete count of the population affected by a SP-IPF activity including collation of demographic and socioeconomic information. This will identify and determine the number of Project Affected Persons (PAPs) and the nature and levels of impact.  “Compensation” means the payment in kind, cash or other assets given in exchange for the taking of land, loss of other types of assets (including fixed assets) or loss of livelihoods resulting from project activities.  “Cut-off date” is the date of commencement of the census of PAPs within the project area boundaries (including unidentified owners). Beyond this date, any person not included in the census who lays claim to land or assets affected by the project (which they did not own before the cut-off date) will not be eligible for compensation.  “Expropriation” the taking of private property in the public interest aimed at development, social welfare, security and the territorial integrity.  “Land” refers to agricultural and/or non-agricultural land whether temporary or permanent and which may be required for the Project.  ”Land acquisition” means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project under eminent domain.  “Just compensation” an indemnity equivalent to the value of land and the activities performed thereon given to the expropriated person and calculated in consideration of market prices.  ”Involuntary Land Acquisition” is the taking of land by government or other government agencies for compensation, for the purposes of a public project. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights.  “Involuntary resettlement” means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by: a) Loss of benefits from use of such land; 1| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 b) Relocation or loss of shelter; c) Loss of assets or access to assets; or d) loss of income sources or means of livelihood, whether or not the PAP has moved to another location.  “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 they said PAPs physically relocate. These people may have their: - Standard of living adversely affected, whether or not the PAP must move to another location; - 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; - Access to productive assets temporarily or permanently adversely affected; or - Business, occupation, work or place of residence or habitat adversely affected. - The cost of any registration and transfer taxes.  “Resettlement Action Plan (RAP)”.is a resettlement instrument (document) to be prepared when subproject locations are identified. Land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts.  “Resettlement Assistance” means the measures to ensure that project affected persons who may require to be physically relocated are provided with assistance such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement during relocation.  “Resettlement Policy Framework (RPF)” is an instrument to be used throughout the implementation of SP-IPF. It sets out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to all sub-projects during implementation to meet the needs of the people who may be affected by those sub-project activities. The Resettlement Action Plans (“RAPs”) for the SP-IPF sub-projects will be prepared consistent with the provisions of this RPF. “Vulnerable Groups” refers to: - Widows, the disabled, marginalized groups, low income households and informal sector operators; - Households with no labour - Child-headed households and street children 2| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ABBREVIATIONS AND ACRONYMS CAC: Cell Adjudication Committee CAS: Country Assistance Strategy DDC: District Development Committee DDP: District Development Plan DLBs: District Land Bureaus GDP: Growth Domestic Product GoR: Government of Rwanda HH: Household LODA: Local Administrative Entities Development Agency LVBs: Land Valuation Bureaus LWH: Land Husbandry, Water Harvesting and Hillside Irrigation MINAGRI: Ministry of Agriculture and Animal Resources MINALOC: Ministry of Local Government, Community Development and Social Affairs MINECOFIN: Ministry of Finance and Economic Planning MINICOM: Ministry of Industry and Commerce MININFRA: Ministry of Infrastructure MINIRENA: Ministry of Natural Resources OP: Operational Policy PAPS: Project Affected Persons PDOs: Project Development Objectives RAP: Resettlement Action Plan RLMUA: Rwanda Land Management and Use Authority RPF: Resettlement Policy Framework RSSP: Rural Sector Support Project Rwf: Rwandan Francs SPIU: Single Project Implementation Unit USD: United States Dollars WB: World Bank 3| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 CHAPTER ONE: INTRODUCTION AND PROJECT DESCRIPTION 1.1. General context Since 2005, Rwanda has recorded a remarkable a socio-economic transformation characterised by an impressive poverty reduction which has fallen down from 56.7 to 39.1% by 2014. Extreme poverty reduced from 35.8 to 16.3% during the same period. It is estimated that from 2010 alone, and by 2015, about one million of people were moved out from poverty. However, despite the progress that has been made, there is still a lot to be done to achieve the Vision 2020 targets of eradicating extreme poverty and reducing the number of people under the poverty line by 20%. In addition to that, the Comprehensive Food Security and Vulnerability Analysis (CFSVA) carried out in 2015 established that 80 percent of all households are food secure, have an acceptable diet and use a low share of their budget to cover food needs. This corresponds to about 1,963,975 households being food secure. However, the study found out that 473,847 households are food insecure and out of these, 63,696 are severely food insecure. Stunting, which is an indicator of chronic malnutrition and is a key nutritional issue in Rwanda, as it has only reduced from 43% in 2012 to 37% in 2015. The prevalence of wasting is now 1.7% and underweight 8%. The Government’s EDPRS2 says that graduation of the poorest households out of extreme poverty will require a combination of Social Protection programs with improvements in productivity across both farm and off-farm employment activities; but recognizes that Social Protection will be critical to enabling some of the poorest households to graduate out of in a sustainable way. Social protection in Rwanda is defined as “a set of public and private initiatives that provide income or consumption transfers to the poor, protect the vulnerable against livelihood risks and enhance the social status and rights of the marginalized; with the overall objective of reducing the social and economic vulnerability of poor, vulnerable and marginalized groups.” (National Social Protection Policy, 2005). The mission of the social protection sector, as defined in the National Social Protection Strategy (2013), is to “ensure that all poor and vulnerable men, women and children are guaranteed a minimum standard of living and access to core public services, those who can work are provided with the opportunities for escaping poverty, and that increasing numbers of people are able to access risk sharing mechanisms that protect them from crises and shocks”. Large-scale social protection programs first emerged in Rwanda to support post-Genocide recovery (FARG and RDRC were initiated in 1997 and 1998 respectively). During the evaluation of Poverty reduction strategy paper in 1996, it was revealed that Social Protection had not been well addressed in PRSP 1 and hence in EDPRS 1, a broader social protection policy agenda emerged with the re-launch of Ubudehe in 2001 and the introduction of the Vision Umurenge 2020 Programme (VUP) in 2007. In 2017, approximately 230,000 households are in receipt of some form of income support from the VUP, RDRC and FARG programs. The broader social protection system also includes a range of programs that address malnutrition and ensure access to basic services, including: the One-Cup-of Milk per child scheme; Fortified blended food for children under 2 and pregnant mothers; School feeding programme; health insurance premium subsidies for poor households; education stipends schemes and healthcare user fee subsidies. Finally, a range of social care and support services are also 4| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 provided under MIGEPROF and through the National Council for Children (NCC) and National Council for People with Disabilities (NCPD). In order to achieve the targets relating to the reduction of poverty and malnutrition, there is a need to strengthen social protection policies and programs to more effectively promote sustainable graduation out of extreme poverty and strengthen household resilience to a wide range of shocks. Furthermore, international evidence clearly suggests that social protection programs can be designed and implemented to make significant contributions to addressing malnutrition. It is in that context that the World Bank has accepted to finance a proposed Social Protection Investment Project to “Support the Government of Rwanda to improve the coverage of the vulnerable and the effective delivery of Rwanda's main social protection program” with a view to enhancing prospects for achieving Rwanda’s ambitious targets relating to the eradication of poverty and malnutrition. Currently and until recently, under Social Protection and the VUP’s Public Works scheme, a range of different types of short-term civil works sub projects were typically implemented, including: - Constructions of feeder roads, road drainage channels, radical terraces, small bridges, works on settlement sites and works on power transmission lines; - It is also proposed to construct Early Childhood Development Centers (ECD) - Rehabilitation of feeder roads, - Rehabilitation and extension of water supply systems, and marshlands to improve agriculture systems Some of the above public works implied a need for land acquisition or expansion that is expected to lead to physical and economic displacement of people and loss of access to the land (and properties on it) that provides for economic resources. Therefore, the Resettlement Policy framework is to guide SP-IPF to ensure that the World Bank safeguards Operation Policy 4.12 (involuntary resettlement) and national requirements for land acquisition and resettlement are adequately addressed. In addition, the project management should ensure that the relevant capacity and training needs are established in order for the recommended measures to be implemented effectively. 1.2. Description and Scope of the Project This RPF responds to the implications of implementing the Social Protection Investment Project Financing Operation in Rwanda by the Ministry of Local Government (MINALOC) through its agency in charge of Local Economic & Community Development, Social Protection, and capacity building of local administrative entities; the Local Administrative Entities Development Agency (LODA). The project which has an overall budget of USD 80 million will have a national coverage. LODA has a Single Projects Implementation Unit (SPIU), under which relevant staff for the implementation of the SP- IPF and this RPF will be added. The staff to be hired will include the Social Protection Project Coordinator who will oversee the project as a whole and ensure the administrative functions are done in a timely and effective way. LODA may determine the number and specializations of additional staff to the current SPIU team which shall include a safeguards team. 5| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 The Project Development Objective will be to “support the Government of Rwanda to improve the coverage of the vulnerable and the effective delivery of Rwanda's main social protection program”. Currently the project is still at design stage but below is a summarized description of the proposed project components: The Project will be implemented by the Ministry of Local Government (MINALOC) and Local Administrative Entities Development Agency (LODA). The Programme Development Objective is will be to “to improve the coverage and effectiveness of Rwanda’s main social protection program, the Vision Umurenge Program (VUP), for targeted vulnerable groups”. ”. The project is currently in the final design stages and below is a summarized description of the proposed project components: Component 1: Improving coverage, adequacy and effectiveness of the Vision Umurenge Program (VUP) cash transfers. iv) The project will support the continuation of Direct Support (DS) to households without labor capacity and expand coverage to moderately labor-constrained households caring for a person with a severe disability. v) The project will support the expansion of Classic Public Works (cPW) from 240 sectors to 270 sectors over the lifecycle of the project or by the end of the operation, with progressive improvements in coverage of eligible households, improve effectiveness in timeliness of payments as well as increase the average number of days’ work offered, so that households can accumulate total annual transfers. vi) The project will support the extension of the Expanded Public Works (ePW) sub-component to reach moderately labor-constrained households caring for children, through multi-year, flexible, part-time work opportunities to in road maintenance and home-based childcare sub projects. The ePW participants will be employed as child caregivers and trained and supervised by appropriate staffs with resultant synergies to the nutrition and early childhood development objectives of the IPF. The coverage of ePW will be deepened in each sector to reach more households and geographical coverage will be expanded from the current 30 sectors to all 270 cPW sectors by the end of the project period. However, it is important to note that the types of project implemented under VUP public works are characterized by their high labour-intensity (at least 70% of project budgets are spent on wages for unskilled manual labour), community-based implementation modality, relatively small size (for example community road rehabilitation projects are expected to average only 11km in length in FY2017/18)) and extremely limited (if any) use of heavy machinery. Project types are likely to include: greening and beautification; community road maintenance and rehabilitation4; urban drainage; reclamation of degraded marshland for agriculture; progressive and radical terracing; and rehabilitation and construction of water and sanitation networks and refurbishment of small structures to house community-based child care centers. VUP Public Works project designs are supported by simple feasibility studies which consider social and environmental risks and all proposals are all reviewed by the Local Administrative Entities Development Agency (LODA) prior to their implementation by Local Governments to ensure compliance with VUP Public Works guidelines (including, for example, project type and labour-intensity) with ineligible or inappropriate projects being rejected where necessary. Furthermore, VUP PW projects are often implemented as sub-components 4 VUP public works road construction, reabhlitation and maintenance projects largely focus on Class II unpaved roads and unclassified roads (as per RTDA guidelines) 6| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 of wider infrastructure development projects (such as the construction of Integrated Development Programme Model Villages) for which comprehensive environmental and social safeguarding mechanisms may already be in place. These principles are set-out in the VUP Programme Document and associated VUP Classic Public Works Guidelines and LODA’s guidelines on conducting feasibility studies for public works. As per these guidelines and established practices, the following subprojects are considered eligible/ineligible: Eligible subprojects Ineligible subprojects Greening & beautification projects Construction of health centers and schools Progressive terrace construction Electrification projects Radical terrace construction Any project that is not compliant with labour- Road construction5 intensity regulations Road maintenance Road rehabilitation6 Marsh rehabilitation However, that the enhanced environmental and social safeguarding requirements often associated with Road Construction would significantly affect timeliness of implementation of VUP PW projects (and thereby undermine achievement of social protection objectives), it is unlikely that the SP-IPF funds will support many Road Construction projects. Similarly, if the cost of envionrmental or social mitigations leads to a decline in labour-intensity below the 70% threshold, projects will be rejected by LODA or an alternative source of funds will be identified for either the project as a whole or for implementation of the mitigation measures. Component 2: Enhancing access to human capital and economic inclusion services vii) This component is designed to contribute to and improve human capital creation and economic inclusion services, with a particular focus on combating chronic malnutrition and improving child development goals. Included also is the scale up of Minimum Package for Graduation (MPG) to promote skills, resilience and graduation from extreme poverty. Scaling up will be based on and adopting principles of “learning by doing” approach with innovative solutions/interventions to improve resilience in poor households. viii) Sensitization and community mobilization sub-component will provide group-based awareness-raising and training of beneficiaries, as well as public information. Strong linkages shall be formed between the caseworker model and individual households to enable the identification of common household priorities for group training and awareness-raising that will result in strengthen beneficiaries’ awareness of their social protection entitlements and available complementary services and provide training on a range of issues critical to the realization of households’ productive and human capital potential. ix) There shall also be implementation of behavior change communication (BCC) as stunting remains a major challenge across all wealth quintiles, with evidence pointing to deeply grounded behavioral issues. Two different type of interventions will be carried out: i) community-based activities targeting pregnant and 5 Road construction refers largely to Category II unpaved and unclassified community roads. 6 Road rehabilitation includes: Install/repair ditch blocks; Restore drainage channels; Install additional cross-drain culverts; Repair/stabilize road embankment or running surface;Repair or remove bridge structures;Install open top culverts;Construct water bars;Remove all windrows or berms on road; Construct fords. Roads are usually ‘Class II unpaved’ roads or unclassified roads as per RTDA guid elines. 7| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 lactating mothers, community health workers (CHWs), local leaders and religious leaders at the village level; and ii) national communication campaigns to promote proper nutrition through mass media. x) Also implemented under this component is “improving childcare services for vulnerable families sub component”. The project will provide support to low-cost ECD services through home-based childcare modalities that would include through: (i) refurbishment work on homes (or community spaces in case no suitable homes can be found) to provide support to home-based childcare groups, (ii) specialized supervision and training arrangements will be established to support the new home-based care ePW sub-component. xi) Another sub component is “parenting training and support for nutritionally vulnerable families” will involve outreach and support to nutritionally vulnerable communities and households utilizing the different cadres of sectorial caseworkers available at the local level. xii) Scaling up the “Minimum Package for Graduation” shall involve case workers and asset transfer. MPG program document will be reviewed and tools updated or developed where necessary to strengthen case worker impact and asset transfers results. The MPG will be scaled up in 270 by the end of project cycle. Component 3: Capacity building for policy development, systems strengthening and program management This component will support the Government at various levels to implement Components 1 and 2, as well as improvements of the larger social protection system in Rwanda. Key sub components include: iv) Evidence-Based Policy and Program Implementation and Development including new and innovative program design changes for the VUP as well as support to other analytical work and expert technical advice to improve VUP monitoring mechanisms and impact evaluation design and implementation. Policy and strategy assessments, including a mid-term assessment of the new NSPS, will be supported, as well as VUP evaluations and M&E training. v) Improvements in service delivery systems with substantial efforts have gone into designing and improving social protection service delivery systems such as a comprehensive integrated social protection management information system (iSP-MIS), which serves as an integrated registry and link to the Ubudehe database (social registry) and other program specific registries as well as the national identification database. vi) Capacity Building and Institutional Strengthening. Support will be provided to build human resource capacity at all levels: central, district, sector and cell. At central level, the IPF will finance additional posts in the LODA and MINALOC SPIUs and technical assistance to the NFNCS, in order to strengthen technical, financial and procurement capacities for implementation of the IPF. 1.3. Resettlement Implications The implementation of public works under the Social Protection Investment Project Financing Operation implies a need for land and hence land acquisition that is expected to lead to physical and economic displacement of people and loss of access to the land that provides for economic resources. Therefore, the Resettlement Policy framework and Resettlement Action Plans have to be developed to guide SP-IPF and ensure that the World Bank safeguards Operation Policy 4.12 for involuntary resettlement and national requirements for land acquisition and resettlement are adequately addressed. For the proposed project, only two components will have resettlement implications; and these are (1) Strengthening and expanding the coverage of the core Social Protection programs and (2) Enhancing access to human capital and economic inclusion services. 8| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 The table below summarizes the resettlement implications related to SP-IPF activities: Table 1: Resettlement implication related to SP-IPF activities Component Activities Resettlement implications Strengthening and expanding - Feeder roads - Loss of land for Roads upgrading and spot the coverage of the core Social Development improvement, or for construction of irrigation Protection programs and canals/ditches for marshlands rehabilitation or Rehabilitation, for settlements/schools construction - Marshlands - Loss of privately owned land for use as borrow Rehabilitation, pits - Radical - Loss of crops or assets due to radical terraces Terraces development development - Loss of crops and structures/assets on these lands - Temporary or permanent loss of land from access Roads Enhancing access to human Refurbishment of capital and economic inclusion already existing - Tree loss due to cutting down of trees for services home based roofing and strengthening latrines or existing facilities such as home based infrastructures latrines and other public and community infrastructures 1.4. The Rationale of RPF for the Social Protection Investment Project Financing Operation As part of World Bank safeguards policies, safeguards instruments have to be prepared for any project with adverse environmental and social impacts. The RFP spells out corporate resettlement policy frameworks, institutional arrangements and capacity available to identify and mitigate potential safeguard concerns and impacts of each sub- project. This ensures that the sub-projects meet the national and local resettlement requirements and consistent with OP 4.12 and other applicable safeguard provisions of the Bank. The decision by MINALOC/LODA to prepare an RPF for the implementation of the SP-IPF is to provide LODA and its implementing partners, mainly Districts, a framework that will facilitate compliance with relevant national and the World Bank resettlement and other requirements for the implementation of public works under SP-IPF in a coherent manner. The framework gives a platform of standard principles and processes for the social protection public works agreeable to all parties – MINALOC, LODA and the Districts, the World Bank and others, as appropriate. This RPF is built on World Bank Involuntary Resettlement OP/BP 4.12 and National resettlement requirements. The Government of Rwanda and the World Bank Regulations require the preparation of the Resettlement Policy Framework (RPF) to address the needs of those who might be affected when public works under the project cause the involuntary taking of land and other assets resulting in: (a) relocation or loss of shelter, (b) loss of assets or 9| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 access to assets (c) loss of income sources or means of livelihoods, whether or not the affected person must move to another location. The RPF will be prepared as a standalone and separate document but will be completed by the Resettlement Action Plans (RAPs) and other safeguards instruments including ESMF, EIs and EMPs. 1.5. Methodology for the preparation of RPF The RPF report was prepared by a consultant using the following approach and methodology. 1.5.1. Literature review Review on the existing baseline information and literature material was undertaken to gain a further and deeper understanding of the project. Among the documents that were reviewed included: the project draft design documents, Vision 2020, Second Economic Development and Poverty Reduction Strategy, the National Transport Policy, National Land Policy, ESMF and RPF prepared for a similar World Bank funded project; the Feeder Roads Development Project. The consultant also undertook detailed review and analysis of the current national relevant legislations, policies and guidelines, and the World Bank Safeguards Policies, international conventions related to this project and other relevant documents. 1.5.2. Field Visits The Consultant carried out visits in Nyaruguru and Muhanga Districts to existing, relevant and potential projects sites that are similar to the subprojects to be funded under the IPF to assess social and environmental site conditions, practices (including level of compliance with existing social safeguards legislation and regulations) and verify potential risks and impacts. 1.5.3. Public consultation Various consultation meetings were held with Project Affected persons, the Districts and Sectors officials and other relevant staff of the key implementing partners of the Social Protection Investment Project Operation, including Local Administrative Entities Development Agency (LODA), Rwanda Environment Management Authority (REMA), Rwanda Land Management and Use Authority (RLMUA), Feeder Roads Development Project in MINAGRI and the Ministry of Local Government (MINALOC). 1.5.4. Preparation of RPF The preparation of RPF for Social Protection Investment Project Financing Operation consisted of:  Collection of baseline data on social-environment of the project area;  Identification of resettlement implications;  Identification mitigation measures;  Preparation of screening procedures to be used while screening subproject activitiess  And formulation of resettlement monitoring plans. 10| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 CHAPTER TWO: POLICY, LEGAL AND INSTITUTIONAL REQUIREMENTS 2.1. Principles and Objectives of the Resettlement Policy Framework The overall objective of this RPF will be to avoid or minimize involuntary resettlement by exploring all viable alternative project designs. Displaced persons will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement programs. They will also 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. The RPF for SP-IPF will therefore adopt the following principles:  Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, where it cannot be eliminated.  Where involuntary resettlement and land acquisition are unavoidable, resettlement and compensation will be provided to the PAPs which provide sustainable development programs, providing resources to give PAPs equal opportunity to share project benefits.  PAPs will be meaningfully consulted and will participate in planning and implementing both the resettlement and SP-IPF public works.  PAPs will be assisted to ideally improve their livelihoods and standards of living or at least to restore them, in real terms, before displacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher. Impacts on the PAPs are measured by the quantity of land and assets to be acquired/lost and residual land/assets and their economic viability. Once the severity of impact has been considered an entitlement option is selected. Measures to address resettlement shall ensure that project affected peoples are informed about their options and rights pertaining to resettlement, are included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives. They will also be provided prompt and effective compensation at full replacement cost for losses of assets and access attributable to the subproject(s). The policy applies to all PAPs regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Informal or traditional tenure is to be treated in the same manner as formal, legal titles. This RPF covers direct economic and social impacts that will result from SP-IPF and thereby cause involuntary taking of land resulting in 1. Relocation or loss of shelter; 2. loss of assets or access to assets; or 3. loss of income sources or means of livelihood, whether or not the affected persons must move to another location 11| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Required measures for the RPF shall ensure displaced persons are informed about their options and rights pertaining to resettlement, consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and provided prompt and effective compensation at full replacement cost for losses of assets. If the impacts include physical relocation, measure shall be provided to assist (such as moving allowances) during relocation; and affected persons will be 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. The project will offer 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 creation. 2.2. National Relevant Policies and Strategies This section describes the relevant policies and strategies, legal instruments, institutional arrangement and framework applicable to implementation of social protection public works in different districts of Rwanda with respect to resettlement and compensation. The national environment strategy was prepared in 1988-1989 to keep a balance between population and natural resources. The aims of this strategy are as follows: - To enable the country to strike a dynamic balance between population and resources while complying with the balance of ecosystems; and - To contribute to sustainable and harmonious socio-economic development such that, both in rural and urban areas, men and women may realize their development and well-being in a sound manner. 2.2.1 Vision 2020 Rwanda Vision 2020 aspires to transform Rwanda from a poor country to a middle-income country from a per capita income of USD 290 in 2000 to USD 900 in 2020. Attaining a productive & high-value agriculture and developing infrastructure with improved transport links are two among the six key pillars of Vision 2020 that will help poverty reduction by achieving a Pro-Poor growth where all Rwandans have the chance to gain from the new economic opportunities. Sustainable environmental and natural resource management with gender equality are identified as crosscutting areas that will always affect the Vision 2020 development goals and therefore important to consider at all times. 2.2.2 Economic Development and Poverty Reduction Strategy (EDPRS2) The Second Economic Development and Poverty Reduction Strategy (EDPRS 2) is a medium-term (2013-2018) framework for achieving the country’s long-term development aspirations as embodied in Rwanda Vision 2020. The Strategy underscores social protection as one of the foundations of income generation in rural areas, a critical component of strategic direction for achieving EDPRS2. Under EDPRS 2, environment and climate change are amongst the major crosscutting issues, with request for mainstreaming environmental sustainability into productive and social sectors. 12| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 2.2.3 The National Social Protection Strategy This National Social Protection Strategy sets out in detail the government’s vision and commitments within the sector. It describes how the government builds on commitments already made in the EDPRS2 and demonstrate how the country’s vision continues to grow. It takes significant steps to broaden the coverage of social protection to those in need of support from government. At the same time, it gives priority to enabling households to become self-sufficient and graduate from social protection: key to this will be the broadening and strengthening of the VUP Public Works programme as well as measures to establish complementary social development programmes to social protection, such as increasing the access of poor people to financial services. The Strategy has built on, integrated and extended the cash programmes that are currently part of the Vision 2020 Umurenge Programme (VUP), Genocide Survivors Support and Assistance Fund (FARG) and Rwanda Demobilisation and Reintegration Commission (RDRC). 2.2.4 Vision Umurenge 2020 Programme (VUP) Originally established as a flagship programme within the first Economic Development and Poverty Reduction Strategy (EDPRS 1), From 2008 to 2016, the VUP delivered a combination of social protection services (Direct Support and Public Works), financial services and sensitization. VUP Direct Currently, VUP direct support covers 416 sectors while both classic Public and Expanded Public works components are implemented in 240 sectors and 30 sectors consecutively. It is envisaged that both classic and expanded public works will have been scaled up and implemented in 270 sectors 2.2.5 National Land Policy The 2004 land policy emphasises productive use of land based on suitability of specific land units. It also advocates for and entrenches land rights and tenure security by promoting land registration and titling. For road scheme development, the implications of this policy relate to resettlement and compensation; assessing the suitability of particular areas for road infrastructure; and the influence of infrastructure development on the changing value and use of land. 2.2.6 Land Tenure System and Provisions in Rwanda The Land Use Master Plan (Land law No 43/2013 of 16/06/2013, article 6) states that all types of land tenure must be in compliance with the designated land use. The Organic Land Law provides two types of formal land tenure: full ownership/ freehold and long term leasehold. As a result of the recent privatization of State owned lands, many land users don’t hold either type of land tenure. As a result of this, the Organic Land Law recognizes existing rights, whether written or unwritten, under both civil law and customary practices through new national land tenure arrangements. Article 7 of the law formalizes land ownership, especially those acquired through customary means. In such cases, populations with customary/indigenous land rights are being encouraged to register their land through decentralized District Land Bureau, Sector Land Committees and Cell Land Committees. 13| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 2.2.7 Transport Policy Among the public works, the feeder roads have always been the main activities under the VUP activities given the number of the beneficiaries the program was able to achieve through it. The project will most probably keep the same tendency, and the sector policy and legal framework will always be followed. The National Transport Policy highlights the main objective of the road sub-sector in Rwanda as to Maintain, Rehabilitate and Develop the National Road Network, which is responsible for more than 80% of human and goods traffic in t he country. The policy’s strategies to meet these objectives are: - Expanding and improving Rwanda’s road infrastructure, protecting existing capital investments, and improving road safety; - Establishing an appropriate institutional framework for the accelerated development of the road sub sector; - Financing road maintenance works through multi-year maintenance contracts, - Renewable under performance evaluation; - Encouraging community participation in road maintenance through the district - Development committees; - Improving the ability and quality of local road infrastructure, thereby enabling the rural community to market its crops; - Creating an environment conducive to the encouragement of Private Sector Participation in rehabilitating, maintaining, and developing road infrastructure. Accordingly, a Road Maintenance Fund was established to provide adequate, reliable financing for road maintenance activities; and a Road Maintenance Strategy was formulated to guide the process. 2.3. National Resettlement Regulations Rwanda has numerous legal and policy framework relating to Land and resettlement issues. These include; - The Rwandan Constitution, promulgated in 2015; - Land Valuation Law promulgated in 2010; - Expropriation Law No. 32/2015 of 11/06/2015; - Law N°55/2011 of 14/12/2011 Governing Roads in Rwanda - Organic Law N° 43/2013 of 16/06/2013 governing land in Rwanda Rwanda being a signatory to various international conventions and laws, it is important that national projects are in line with these laws and as such some of the relevant international conventions are also reviewed. This chapter therefore, highlights resettlement objectives and principles, describes national legal and regulatory framework in detail and makes a comparative analysis of Rwandan legislations with the World Bank provisions on resettlement to identify gaps and provide the way forward to seal these gaps. The above legal orders are briefly described as follows: 2.3.1. Constitution of Rwanda The constitution is the supreme law of the land. Under Article 34 of the Rwanda constitution, it is stated that: “everyone has the right to private property, whether individually or collectively owned”. Furthermore, it mentions private property, whether individually or collectively owned, is inviolable. However this right can be interfered with in case of public interest, in circumstances and procedures determined by law and subject to fair and prior compensation. 14| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Article 35 stipulates that private ownership of land and other rights related to land are granted by the State. The constitution provides that a law should be in place to specify modalities of acquisition, transfer and use of land (expropriation law). The constitution also provides for a healthy and satisfying environment. In the same breath every person has the duty to protect, safeguard and promote the environment. The State shall protect the environment. 2.3.2. Expropriation Law in the Public interest, The law No. 32/2015 of 11/06/2015 related to expropriation in the public interests determines the procedures relating to expropriation of land in the interest of the public. Article 3 of the law stipulates that it is only the government that has authority to carry out expropriation. However the project, at any level, which intends to carry out acts of expropriation in the public interest, shall provide funds for inventory of assets of the person to be expropriated and for just compensation on its budget. According to the organic law, no person shall hinder the implementation of the program of expropriation on pretext of self-centered justifications and no land owner shall oppose any underground or surface activity carried out on his or her land with an aim of public interest. In case it causes any loss to him or her, he or she shall receive fair and just compensation for it. The law identifies properties to be valued for just and fair compensation including land and activities that were carried out on the land such as different crops, forests, any buildings or any other activity aimed at efficient use of land or its productivity. However, as per Article 27 of the law No 32/2015 of 11/06/2015, the owner of land designated for expropriation in the public interest shall provide proof of rights to land and property incorporated thereon like land titles or any other documentary evidence showing he/she has property ownership. 2.3.3. Law N° 43/2013 of 16/06/2013 governing land in Rwanda This is the law that determines the use and management of land in Rwanda. It also institutes the principles that are to be respected on land legal rights accepted on any land in the country as well as all other appendages whether natural or artificial. According to the Law, Land in Rwanda is categorized into two: Individual land and Public land. The latter is subdivided into two categories: the state land in public domain and the state land in private domain. The Article 12 and 13 of the land law stipulates that State land in the public domain consists of all land meant to be used by the general public or land reserved for organs of State services as well as national land reserved for environment conservation. Land occupied by national roads and their boundaries; Districts and City of Kigali roads and that of other urban areas linking different Sectors headquarters within the same District, or those roads that are used within the same Sector with their boundaries; arterial roads that connect Districts roads to rural community centres that are inhabited as an agglomeration with their boundaries is among the State land in the public domain. 15| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 2.3.4. Law N°55/2011 of 14/12/2011 governing roads in Rwanda This law provides classification of roads and defines responsibilities, management, financing and road development. In the context of this project, public works involving feeder roads fall under the district responsibility. The article 17 of this law stipulates that the widening of a road shall be done after expropriation of the people near the road in accordance with the law to secure the land needed. The Article 22 and 23 of the Law No 55/2011 of 14/12/2011 governing roads in Rwanda stipulates that the road reserve for Category 2 roads – feeder roads fall under this category- is delineated by two parallel lines at 12 m on both sides of the road from the median line (Article 22). 2.3.5. Law establishing and Organizing the Real Property Valuation Profession in Rwanda Law No.17/2010 of 12/05/2010 Establishing and Organizing the Real Property Valuation Profession provides conditions for registration of land valuers in Rwanda, establishes the Institute for real property Valuers and sets conditions to exercise the profession. 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 sufficient comparable prices are not available to determine the value of improved land, the replacement cost approach shall be used to determine the value of improvements to land by taking real property as a reference. The law also allows the use of international methods not covered in the law after approval from the Institute of Valuers council. 2.4. World Bank Involuntary Resettlement (OP/BP 4.12) All the social protection public works will be screened for impacts and a Resettlement Action Plan (RAP) will be prepared by the Districts, if required. The Resettlement Policy Framework (RPF) sets the guidelines for the resettlement and compensation plans that would have to be prepared when any project investment (activity) triggers this policy. It has to be prepared by the government and approved by the Bank in compliance with OP 4.12. This policy is triggered (as is the case for this project) when a project activity causes the involuntary taking of land and other assets resulting in: (a) relocation or loss of shelter, (b) loss of assets or access to assets (c) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Therefore, people are in most cases compensated for their loss (of land, property or access) either in kind or in cash of which the former is preferred. The resettlement policy applies to all displaced persons regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Particular attention should be paid to the needs of vulnerable groups among those displaced. The policy also requires that the implementation of the resettlement plans are a pre-requisite for the implementation/start of the construction to ensure that displacement or restriction of access does not occur before necessary measures for resettlement and compensation are in place. For chosen sites involving land acquisition, it is further required that these measures include provision of compensation and of other assistance required for 16| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, the taking of land and related assets may take place only after compensation has been paid, and where applicable, resettlement sites, new homes, related infrastructure and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the project resettlement plans of action. The policy aims to have the displaced persons perceive the process to be fair and transparent. Where there is a conflict between the Laws of Rwanda and the Bank OP4.12, the latter must take precedence if the Bank is to fund the project/activity. 2.5. Comparative Analysis between Rwanda Legislations and World Bank OP 4.12 Although Rwanda has developed and enacted new land and new expropriation laws that are responsive to land and property especially in case of expropriation, there are some gaps when compared to World Bank OP4.12 on involuntary resettlement. These gaps include the following. 2.5.1. Stakeholder Participative and Consultation World Bank OP 4.12 requires that persons to be displaced should be actively being consulted and should have opportunity to participate in planning and design of resettlement programs. The Rwandan law on Expropriation simply stipulates that affected people be fully informed of the expropriation process. The law also conflicts the very purpose of consultation and involvement by prohibiting any opposition to the expropriation program if considered to be under the pretext of self-centered justification which might not be the case. 2.5.2. Determining Eligibility for Compensation While World Bank considers and allows a wide range of persons eligible for compensation, such as those who do not own land but access to the property and will be displaced, Rwandan legislation only stipulates that compensation be due to property owners (land or other assets). WB OP 4.12 will provide the framework for resettlement for the SP-IPF. 2.5.3. Transfer period Rwanda expropriation law stipulates a timeframe upon when the property to be expropriated must be handed over which is 120 days after compensation has been paid. WB OP4.12 requires that displacement must not occur before necessary measures for resettlement are in place, i.e., measures over and above simple compensation. Measures pertaining to provision of economic rehabilitation however can and often do occur post displacement. 2.5.4. Avoiding Resettlement According to OP4.12, resettlement should be avoided whenever possible, while the Article 3 of the new expropriation Law regards expropriation in the public interest as inevitable. No person shall hinder the implementation of the program of expropriation in the public interest on pretext of self-centered interests. 2.5.5. Assistance to Resettle the Displaced While expropriation laws provides for compensation measures, it is silent on other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. 17| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 The table below summarizes the deference between the National resettlement requirements and the World Bank OP 4.12 Involuntary Resettlement Policy. 18| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Table 2: Comparative Analysis between World Bank OP 4.12 and National Legislations Principles World Bank OP 4.12 Rwanda Legislations Recommendations Valuation Valuation is covered by the Expropriation Law and OP 4.12 prefers Replacement cost method of Adopt replacement cost method of the Land Valuation Law and stipulates that the valuation of assets that helps determine the valuation affected person receive fair and just compensation. amount sufficient to replace lost assets and However a ministerial order gives the value of land cover transaction costs. In applying this and crops method of valuation, depreciation of structures and assets should not be taken into account. If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken. Land Squatters According to the World Bank guidelines, squatters; or Article 26 of the expropriation law No 35/2015 Compensation will be done for the crops, (i.e. those who persons without legal land ownership and occupancy, provides that the person to be expropriated permanent improvements or structures have no or possession, will not be entitled for compensation shall provide land titles and documentary squatters may have introduced or built in recognizable for the lands that they occupy, but will be evidence that he/she is the owner of property the affected lands before the cut-off date. legal right of compensated for the permanent improvements or incorporated on land. Those unlawfully claim to the structures they may have introduced or built in the occupying land (including squatters) shall land they are affected lands before the cut-off date. receive no compensation. occupying) Compensation Article 22 of the expropriation law No 35/2015 entitles OP 4.12 gives preference to land based Adopt OP 4.12 mode of compensation by the landholder to compensation for the value of the resettlement strategies for displaced persons giving preference to land based land and activities on the basis of size, nature whose livelihoods are land-based as resettlement as opposed to monetary location considering the prevailing market value. compared to monetary compensation compensation Livelihoods OP 4.12 states that displaced persons should be Expropriation law is silent on provision of Use World Bank OP 4.12. restauration assisted in their efforts to improve their livelihoods alternative land and resettlement of those to 19| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 measures and standards of living or at least to restore them, in the pre-displaced status real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher Participation The Rwandan law on Expropriation simply stipulates WB OP 4.12 requires that persons to be Adopt OP 4.12 methods of participation and that affected peoples be fully informed of displaced should be actively be consulted consultation expropriation issues. The law also conflicts the very and should have opportunity to participate in purpose of consultation and involvement by prohibit planning and design of resettlement any opposition to the expropriation program if programs considered to be under the pretext of self-centered justification which might not be the case Timeframe Rwanda expropriation law stipulates a timeframe OP4.12 requires that displacement must not A cut- off date should be applied. upon when the property to be expropriated must be occur before necessary measures for handed over which is 120 days after compensation resettlement are in place, i.e., measures over Adopt OP 4.12 approach, which states has been paid. and above simple compensation. These that, where the borrower has offered to include compensation and other measures pay compensation to an affected person required for relocation and preparation and in accordance with an approved provision of facilities of resettlement sites, resettlement plan, but the offer has been where required. In particular, taking of land rejected, the taking of land and related and related assets may only take place after assets may only proceed if the borrower compensation has been paid and where has deposited funds equal to the offered applicable resettlement sites and moving amount plus 10 percent in a secure form allowances have been provided. of escrow or other interest-bearing Furthermore, measures pertaining to deposit acceptable to the Bank, and has provision of economic rehabilitation however provided a means satisfactory to the can and often do occur post displacement. Bank for resolving the dispute concerning WB OP 4.12 provides for a timeframe (cut-off said offer of compensation in a timely and date); people who encroach on the area after equitable manner. the cut-off date are not entitled to 20| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 compensation or resettlement assistance) Overall strategy Under the OP 4.12 , it’s not necessary to prove that Section 2 of the expropriation law on Adopt Rwanda Expropriation Law the project fits within the overall land procedures, provides for the process to show master plan how the sub projects fits into the land master plan of the area in question Eligibility Article 18 of the law requires the person who owns OP 4.12 criteria for eligibility include even Adopt OP 4.12 approach; this will be land intended for expropriation to provide evidence of those who do not have formal legal rights to more appropriate for determining ownership or rights on that land and presents a land at the time the census begins but have a eligibility due to the fact that many of certificate to that effect claim to such land or assets--provided that those who farm the lands don’t own it, such claims are recognized under the laws of although they may have depended on the country or become recognized through a farming on such lands for their livelihood, process identified in the resettlement plan and as such, should be assisted to at and also those who have no recognizable least maintain their pre-project level of legal right or claim to the land they are welfare. (especially for assets) occupying Expropriation law is silent on provision of alternative OP 4.12 requires and prefers resettlement of Use World Bank OP 4.12. land and resettlement of those to the pre-displaced displaced persons through provision of land During the SP-IPF Implementation, some status for land instead of cash compensation for resettlement will be required. 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. Required Expropriation law does not provide for alternatives OP 4.12 requires displaced persons to be Use World Bank OP 4.12. Measures when undertaking compensation consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives. 21| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Grievance OP 4.12 requires PAPs be informed of the The new Expropriation Law of 2015 creates Adopt Rwanda Expropriation Law which redress compensation exercise and establishes Grievance the committee in charge of supervision of establishes the committees in charge of mechanisms Redress Mechanisms projects of expropriation in the public interest GRM. which shall also handle complaints procedures for individuals dissatisfied with the proposed project or the value of their compensation. Requires that displacement must not occur until all The notification period under national Follow the Bank guidelines, and ensure Displacement necessary measures for resettlement are in place legislation requires that property must be all this is met within the 120 days after handed over 120 days after financial financial compensation has been paid. compensation has been paid Relocation . Avoid or minimize involuntary resettlement and, The person to be expropriated is defined to Resettlement facilitation and support to assistance and where this is not feasible, assist displaced persons in mean any person or legal entity who is to follow WB policies resettlement improving or at least restoring their livelihoods and have his or her private property transferred assistance standards of living in real terms relative to pre- due to public interest, in which case they shall displacement levels or to levels prevailing prior to the be legally entitled to payment of beginning of project implementation, whichever is compensation higher. Provide adequate and timely assistance (such as moving allowances) during relocation. Consultation Consult project-affected persons, host communities The Expropriation Law governs the specifics Follow the OP. 4.12 guidelines and and disclosure and local NGOs, as appropriate. Provide them of land acquisition. The law provides for principles opportunities to participate in the planning, public dissemination on the importance of the implementation, and monitoring of the resettlement project to be established and the need for program, especially in the process of developing and expropriation. In addition to dissemination, implementing the procedures for determining the Expropriation Law requires prior eligibility for compensation benefits and development consultative meetings and examination of the 22| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 assistance (as documented in a resettlement plan), project proposal involving expropriation, with and for establishing appropriate and accessible a view to avoid eventual prejudice on the grievance mechanisms. person or entity subject to expropriation. Normally, a consultative meeting is held within 15 days after receipt of the application for expropriation. Based on these consultations, the relevant Land Commission or Committee (from the Cell level to the National level) takes a decision to approve the project within a period of 15 days. 23| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 2.6. Institutional Framework The main Institutions responsible for development of policy, framing regulation, developing projects, monitoring and approval of issues related to Resettlement and Compensation are: - Ministry of Natural Resources (MINIRENA)( Now Ministry of Environment and Ministry of Lands and Forest; - Ministry of Local Government (MINALOC); - Local Administrative Entities Development Agency (LODA) - Rwanda Environmental Management Authority (REMA) - Rwanda Land Management and Use Authority (RLMUA) - Districts The Ministry of Natural Resources (MINIRENA) is responsible for developing the policies, laws and regulations as well as coordination of all activities related to efficient land, water resources and environmental management as well as their follow up and evaluation. The Ministry of Local Government (MINALOC) and the Local Administrative Entities Development Agency (LODA) are the main executing agencies for the Social Protection Investment Project Financing Operation. The project will be coordinated under the Single Projects Implementation Unit (SPIU) of LODA. It will oversee the compensation exercise done by Districts and will ensure that PAPs are fully compensated. Rwanda Environmental Management Authority (REMA) is the agency responsible of national environmental protection, conservation, promotion and overall management, including advisory to the government on all matters pertinent to the environment and climate change. Rwanda Land Management and Use Authority (RLMUA) is an authority that is responsible for putting in place and operationalizing an efficient system of land administration, use and land management that secures land ownership in the country. Districts will manage social protection works under the project and therefore determine and approve projects of expropriation in the public interest. Districts also initiate the expropriation and implements/ supervises the expropriation after considering the decision of the Committee in charge of monitoring projects for expropriation in the public interest according to the expropriation law of 2015. 2.7. Criteria for Expropriation and Compensation 2.7.1. Eligibility Eligibility for compensation as a result of expropriation is enshrined in the constitution under article 29 and the Expropriation Law. The two laws regulate and give entitlement to those affected, whether or not they have written customary or formal tenure rights. The person to be expropriated is defined under article 2(7) of the Expropriation Law to mean any person or legal entity who is to have his or her private property transferred due to public interest, in which case they shall be legally entitled to payment of compensation. WB OP 4.12 requires that those who do not have formal legal rights to land at the time the census begins but have a recognized claim to such land or assets- are also eligible for compensation for the land they lose, and other assistance. Each category in the eligibility matrix has compensation calculations associated with it based on type of lost asset, type of tree, type of crop and yields. 24| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 WB OP 4.12 indicates that squatters (i.e. the PAPs who do not have title or valid claim to the land) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas. Rwanda expropriation law stipulates a timeframe upon when the property to be expropriated must be handed over which is 120 days after compensation has been paid. WB OP4.12 requires that displacement must not occur before necessary measures for resettlement are in place, i.e., measures over and above simple compensation. 2.7.2. Compensation Entitlement In event of loss occurring to an individual, Article 3 of the Expropriation Law stipulates that Expropriation “shall be carried out only in the public interest and with prior and fair compensation”. This entitlement is based on the figure arrived at by the independent valuer. Article 4 of this law also stipulates that any project which results in the need for expropriation for public interest shall provide for all just compensation in its budget. Through mutual arrangement, both parties can determine the mode of payment. Article 35 of the Expropriation Law provides that through an agreement between the person to expropriate and the one to be expropriated, just compensation may either be monetary, alternative land or a building equivalent as long as either option equates to fair and just monetary compensat ion. 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. 2.7.3. Expropriation and Valuation in Rwanda Land and other assets incorporated thereon are classified into two categories: movable and immovable assets, both of which are eligible for compensation. Valuation of property on land is done by the Government or independent valuers registered by Institute of Real Property Valuers. The amount of compensation for property is determined on the basis of the replacement cost of the property. The law provides that the valuation for expropriated assets be based on its type, use, location and availability, building on this guidance provided by MINIRENA. At the moment market prices for property on it are negotiated openly and freely by the buyer and the seller based on mutual agreement (willing seller willing buyer basis). 2.7.4. Procedures for Expropriation The law on expropriation stipulates and provides for public sensitization on the importance of the project to be established and the need for expropriation. In addition to sensitization, the Expropriation Law requires prior consultative meetings and examination of the project proposal involving expropriation, with a view to avoid eventual prejudice on the person or entity subject to expropriation. Normally, a consultative meeting is held within 15 days after receipt of the application for expropriation. Based on these consultations, the Resettlement and compensation committee shall submit in writing its decision to the District Council for approval of the expropriation in the public interest. 25| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 The District Council decision shall be announced on at least one of the radio stations with a wide audience in Rwanda and in at least one of Rwanda-based newspapers with a wide readership in order for the relevant parties to be informed thereof. If necessary, any other means of communication shall be used. 2.7.5. Complaints Procedure The Article 33 and 34 of the Expropriation Law No 32/2015 of 11/06/2015 provides complaints procedures for individuals dissatisfied with the value of their compensation. The Article 33 of the expropriation Law stipulates that dissatisfied persons have a period of 10 days from the application for counter valuation by the person to be expropriated. This application should be done within 7 days after the approval of the valuation report by the expropriator. Grievance Redress Mechanisms The grievance redress committee, composed of District executive committee and Project Coordinator7 as well as PAPs representative will be created to supervise expropriation procedures and resolve related issues/ conflicts. The PAPs with no formal rights or recognized claims (i.e. squatters) are welcome to access the grievance redress mechanism. It will ensure that all affected people are fully informed of the process for expressing dissatisfaction and for seeking redress, and will issue warnings about the consequences of failure to lodge their complaints in time. The grievance redress committee is similar to the resettlement and compensation committee. The first step of redress is to inform those to be expropriated of their rights during the expropriation process. Once the valuation report is approved by the expropriator and the land owner or the owner of property incorporated on land is satisfied with the valuation, he/she shall sign or fingerprint the approved fair compensation reports (Article 31 and 32 of the expropriation law No 32/2015 of 11/06/2015). In the event that any PAP rejects the value given by the expropriator, he/she can indicate in writing for his/her dissatisfaction with the valuation report and ask for a counter- assessment of the value. He/she will then engage the services of a valuer or a valuation firm recognized by the Institute of Real Property Valuers in Rwanda at his/her own expense. The counter-assessment report must be available within ten (10) days from the application for counter valuation by the person to be expropriated (Article 33 of the expropriation law No 32/2015 of 11/06/2015). When the counter-assessment report is approved and the land owner or the owner of property incorporated on land is satisfied with the valuation, he/she shall sign or fingerprint the approved fair compensation reports. Grievances resolution By Court It is encouraged to resolve the issues at Cell, Sector or District levels, as they are aware of and involved in the whole process. If the grievance is not resolved in this way, ie the counter-assessment report is not accepted by expropriator and the person to be expropriated is not satisfied with the decision, he/she can refer the matter to the competent court 7 This role will be done by the director of social development unit at the District who coordinates the social protection activities. 26| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 within 15 days from the day he/she appends his/her signature to the minutes indicating the points of disagreements (Article 34 of the expropriation law No 32/2015 of 11/06/2015). Local courts should be used. If not resolved then the high court or court of appeal of Rwanda remains an avenue for voicing and resolving these complaints. 27| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 CHAPTER THREE: SOCIO-ECONOMIC BASELINE AND LAND TENURE SYSTEM AND PROVISIONS 3.1 Population and Demographic Characteristics Rwanda is classified among the densely populated countries of the world. The Fourth Rwanda Population and Housing Census of 2012 places Rwanda's population at 10,515,973 residents, of which 52% are women and 48% men. The population density in 2012 was 415 inhabitants per square kilometer. Compared to neighbouring countries, Burundi (333), Uganda (173) or Kenya (73), Rwanda is the highest densely populated country in the region. In general, urban districts have the highest population densities, particularly the districts of Nyarugenge with 2,124 inhabitants/ km2, Kicukiro with 1,911 inhabitants/km2, Gasabo with 1,234 inhabitants/km2 and Rubavu with 1,039 inhabitants/km2. Low densities are recorded in rural districts; those with the lowest density are Bugesera (280 inhabitants/ km2), Gatsibo (274 inhabitants/km2), Nyagatare (242 inhabitants/km2) and Kayonza (178 inhabitants/ km2). The population of Rwanda is still largely rural, with 83% living in rural areas. The majority of the population of Rwanda lives in private households with an average size of 4.3 persons. Households are a bit smaller in urban areas with 4.0 persons. The Rwandan population is young, with one in two persons being under 19 years old. People aged 65 and above account for only 3% of the resident population. This has consequences in that the demographic dependency ratio, measuring the number of potential dependent persons per 100 persons of productive age, is 93 at national level (NISR, 2012). The Table below indicates the population in the Project areas. Table 3. Population in the Project areas Provinces and Sex Population share (% of Population density Districts Both sexes Male Female the total population) (Inhabitants per Square km) RWANDA 10,515,97 5,064,86 5,451,10 100 415 3 8 5 Kigali City 1,132,686 586,123 546,563 10.8 1,552 Nyarugenge 284,561 148,132 136,429 2.7 2,124 Gasabo 529,561 274,546 255,015 5 1,234 Kicukiro 318,564 163,445 155,119 3 1,911 1,233,75 1,356,22 South 2,589,975 24.6 434 4 1 Nyanza 323,719 157,650 166,069 3.1 482 Gisagara 322,506 150,455 172,051 3.1 475 Nyaruguru 294,334 139,279 155,055 2.8 291 Huye 328,398 158,104 170,294 3.1 565 Nyamagabe 341,491 161,219 180,272 3.2 313 Ruhango 319,885 152,075 167,810 3 510 Muhanga 319,141 152,783 166,358 3 493 Kamonyi 340,501 162,189 178,312 3.2 519 1,168,44 1,302,79 West 2,471,239 23.5 420 5 4 Karongi 331,808 156,073 175,735 3.2 334 Rutsiro 324,654 154,044 170,610 3.1 281 28| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Rubavu 403,662 194,989 208,673 3.8 1,039 Nyabihu 294,740 137,799 156,941 2.8 555 Ngororero 333,713 154,591 179,122 3.2 491 Rusizi 400,858 192,528 208,330 3.8 418 Nyamasheke 381,804 178,421 203,383 3.6 325 North 1,726,370 818,456 907,914 16.4 527 Rulindo 287,681 135,625 152,056 2.7 507 Gakenke 338,234 159,366 178,868 3.2 480 Musanze 368,267 174,399 193,868 3.5 694 Burera 336,582 160,395 176,187 3.2 522 Gicumbi 395,606 188,671 206,935 3.8 477 1,258,09 1,337,61 East 2,595,703 24.7 274 0 3 Rwamagana 313,461 153,607 159,854 3 460 Nyagatare 465,855 228,325 237,530 4.4 242 Gatsibo 433,020 207,669 225,351 4.1 274 Kayonza 344,157 166,720 177,437 3.3 178 Kirehe 340,368 163,790 176,578 3.2 287 Ngoma 336,928 161,769 175,159 3.2 388 Bugesera 361,914 176,210 185,704 3.4 280 Source: NISR, 2012 3.2 Human settlements The rural settlement of Rwanda has been scattered and characterized by unplanned settlements which has lead to land degradation and soil erosion. In some urban areas, Rwanda has developed town masterplans. Towns have earlier been developed spontaneously without taking into consideration the environmental aspect. The present policy of the Government of Rwanda encourages a system of grouped settlement which is commonly known as Imidugudu (Villages). 3.3 Socio – economic activities. The Rwandan economy is mostly based on subsistence farming. An estimated of 80% of the population is generally occupied with agriculture. Commerce, mining are other socio-economic activities in the project areas. Agriculture Agriculture is the most important sector of the Rwandan economy with a contribution of 32% to the GDP (22 % for food crops). The agriculture production system is based on small family subsistence farms whose production is consumed by the owners at about 80 %. Seven main crops, namely banana, bean, sweet potato, cassava, sorghum and potatoes, of which the first five are present in 90% of production units and constitute the common basis for all the regions of Rwanda. In addition to agricultural activities, most farmers in Rwanda raise livestock. Livestock production has increased, especially in Eastern districts, due to disease control, insemination, cross breeding programs and most importantly to the “One Cow per Poor Family” program. The national average milk production is 1litre / cow/ day for 180 days of lactation (MINAGRI, 2001). The pastures mostly consist of family fallows or marginal lands considered as inappropriate to agriculture. 29| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Energy and transport In Rwanda, the biomass serves as the main source of energy as it covers 86.3 % of national needs, against only 13.7 % for the contribution of petroleum products. Only about 17% of households are connected to the grid. Woody fuels and biomass wastes are the sources of energy used in households, industries and handicrafts. However, the country has alternative sources of energy, which have not been developed, such as peat, methane gas from Lake Kivu, geothermal energy, solar energy and biogas. Combined with anthropic factors (agriculture, drainage of marshes, deforestation and overexploitation of river basins), the hydrous deficit is considered to be the main factor of vulnerability of the hydropower sector. It is evident that the pluviometric deficit leads to the reduction of offer in water resource and, consequently, in hydroelectricity. That was the case for the power plants of Ntaruka and Mukungwa on lakes Burera and Ruhondo, two main interior sources of electric energy of Rwanda. 3.4 Land tenure system in Rwanda 3.4.1 Types of formal Land tenure The Land Law No 43/2013 of 16/6/2013 provides two types of formal land tenure: full ownership/ freehold and long term leasehold. As a result of the recent privatization of State owned lands, many land users don’t hold either type of land tenure. As a result of this, the Land Law recognizes existing rights, whether written or unwritten, under both civil law and customary practices through new national land tenure arrangements. The Article 7 of the law formalizes land ownership, especially those acquired through customary means. In such cases, populations with customary/indigenous land rights are being encouraged to register their land through decentralized the District Land Bureau, Sector Land Committees and Cell Land Committees. However in doing so all types of land tenure must be in compliance with the designated land use and environmental protection measures as outlined in the Land Use Master Plan (Organic Land law N0 08/2005 of 14/07/2005, article 6). 3.4.2 Category of Land in Rwanda Land in Rwanda is divided into two categories; either urban or rural land. Urban lands are defined as lands confined within the legal boundaries of towns and municipalities as well as lands in suburbs and collective settlements of towns and municipalities. Any other land is rural land. Land ownership is divided into the following categories: individual owned lands and State lands (whether urban or rural). Article 11 provides that individual land is comprised of land acquired through custom, written law, acquisition from competent authorities, purchase, gift, exchange and sharing. State lands are further categorized into two sub-categories: public domains and private State owned lands (Articles 12 and 13). State land for public domain comprises land reserved for public use, for use by organs of state services or for environmental protection. 30| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 CHAPTER FOUR: SOCIAL IMPACT ASSESSMENT AND PROJECT AFFECTED ASSETS AND PERSONS 4.1 Eligibility Criteria This section sets out eligibility criteria, which are necessary to determine who will be eligible for resettlement and benefits, and to discourage inflow of ineligible people. 4.1.1 Principles The involuntary taking of land results in relocation or loss of shelter; and loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the PAPs must move to another location or not. Meaningful consultations with the affected persons, local authorities and community leaders will therefore allow for establishment of criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. OP 4.12 suggests the following three criteria for eligibility: a) Those who have formal rights to land recognized under Rwandan Law. b) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of Rwanda or become recognized through a process identified in the resettlement plan. c) 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 lose and will also receive compensation for assets on the land and other assistance in accordance with this Project. Persons covered under (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this RPF, if they occupy the project area prior to a cut- off date established by the SP-IPF 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 persons included in (a), (b) or (c) above are to be provided with compensation for loss of assets. It is therefore clear that all project affected persons 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 entitlement cut-off date. 4.1.2 Social Impacts Defining eligibility criteria is essential for the resettlement/ rehabilitation process and compensation payments. The census and property inventories provide the basis of the identification of PAPs and assets. Project affected people who are considered to be eligible for resettlement and compensation include the following: - Landowners losing part or all of their land - Tenants leasing privately owned land; 31| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 - PAPs losing trees and crops located on required land for social protection public works under the project; such as roads rehabilitation, marshland rehabilitation, schools and settlements construction, EDC centers construction, etc. - Households with houses located within the road reserve; and - Traders that maybe affected by Project activities 4.1.3 Cut-Off -Date Before displacement takes place, RAPs will be undertaken. To undertake RAP, census will be conducted to identify all the PAPs and the related levels of impact. The date that the census begins is the cut-off date for eligibility for resettlement and compensation. It is important that this date is fully communicated to all potential PAPs in the project affected area with sufficient time for these people to ensure their availability for the Census. To ensure all the stakeholders and PAPs are informed, communication will be done through the Sub-project Resettlement and Compensation Committees and in line with the consultation procedures. Community leaders and representatives will also be charged with the responsibility to notify their members about the established cut-off date and its significance. The potential PAPs will be informed through both formal notification in writing or by verbal notification delivered in the presence of the community leaders or their representatives. After the census has been undertaken, the lists will be verified and validated by the District (Village, Cell, Sector, District leaders). They will also be verified and approved by LODA (through prepared RAPs). Once these lists have been approved, thereafter, no new cases of affected people will be considered. Once land users have been identified, their details and eligibility will be submitted to the Sub-project Resettlement and Compensation Committee. Once they have been verified and validated by the District and LODA, these new PAPs will be considered eligible for compensation. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. It should be noted that the cut-off date should be determined before the census is conducted and agreed by all the stakeholders, especially the PAPs. 4.1.4 Estimates of Affected Population and Inventory of Assets At this stage of the project preparation, there are no number of trees and crops and numbers of affected people to be displaced. Feasibility studies will give more details on required land and assets that are likely to be affected. However, based on proposed activities and the nature of project, which will implement social protection program public works, the project affected persons and assets to be affected will not be too much. 4.1.5 Categories of affected population Project affected persons will include those losing temporarily or permanently their land, those losing crops, properties (houses or cattle sheds for example), vulnerable including women and child headed households, physically disabled people and old people. 4.1.6 Entitlement Matrix PAPs entitlement matrix is provided in Table 5 on the following page and provides an indication of resettlement and compensation measures to restore livelihoods impacted by the loss of land. This matrix acts as a guide and will be developed for each sub project during the RAP. 32| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Table 5: Entitlement Matrix Categories of Type of Loss Eligibility Criteria Entitlement PAPs PAPs losing Loss of Land (Urban Owners of land For PAPs who are losing the land, first option is a land replacement. Full monetary market temporarily or or Rural) affected by SP-IPF value compensation for strips of land lost, should be the last option. If PAPs receive monetary permanently public works compensation, they should receive some guidance/training on managing the funds. PAPs their land, those losing temporarily their land would be compensated only for their affected assets as described losing crops, below. properties Loss of Structure Owners and users - Resettlement and Compensation. Resettle and compensate full market value for the structures (houses or (tenants) of land to be demolished cattle sheds for affected by SP-IPF - Provide development assistance in addition to compensation measures described (water and example), public works energy supply for example) Business Losses Businesses that - Compensation for structures and assets that cannot be moved operate in areas to be - Provide assistance with relocation, and cover all the costs of moving any salvageable parts of affected by SP-IPF existing structures and reinstallation and start ups public works - Provide assistance to restore business including training and capacity building if required. Loss of trees and Various rights and Resettle and compensate full market value for assessed crops interest holders – crops/plants/trees Sharecroppers, Licensees, Lessees 33| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Vulnerable In addition to the above compensation measures according to the different types of loss; including vulnerable will be given special consideration by providing to them any assistance they may need women and to get back or above their previous livelihoods status. Assistance would be continuously rendered child headed to them until such status is attained. households, physically disabled people and old people. 34| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 In addition to the above entitlements, affected households (PAPs) will be prioritized for job opportunities during public works selection and provided with health insurance if they happen to be Ubudehe category 1 and other government support. Capacity building of severely affected PAPs and vulnerable groups will be provided to maintain and/or improve their income generation potential. 4.2 Methods of assets valuation Although the project is still at its design phase and its specific project sites are not yet known, the SP-IPF investments will be mostly in rural areas. Land and assets will be valued and compensated for according to the following guidelines: - Districts through the SP-IPF will compensate for assets and investments (including labour, crops, buildings, and other improvements) according to the provisions of the resettlement plan. - Eligibility for compensation will not be valid for new persons occupying/using the project sites after the cut-off date, in accordance with this policy. - Compensation cost values will be based on replacement costs, as of the date that the replacement is to be provided or at the date of project identification, whichever is higher. - The market prices for cash crops will have to be determined based on the values as determined by independent valuers; - PAPs that lose farmland allotted by the village under customary tenure will be provided an equivalent plot. However, since the bank policy OP4.12 on resettlement makes no distinction between statute and customary rights, a customary land owner or a user of state owned land will be compensated for land, assets and investments including loss of access, at replacement costs. 4.2.1 Types of Compensation Compensation for all land use and assets in kind or cash will be required for the following:  Buildings, structures and fixtures;  Cultivated crops and trees; and  Loss of businesses or employment. In addition, resettlement and economic rehabilitation assistance will be given, as outlined in the Entitlement Matrix. The District Land Bureaus and LODA are to establish these rates as part of the preparation of each sub- project, using as a benchmark the rates prevailing for other government land acquisition schemes in that District. In providing compensation, in kind compensation is preferred as cash payments raises issues regarding inflation and security. In addition, provision of cash does not ensure that the PAP’s income will be restored. For payment of in-kind compensation, the timing and alternative locations will have to be decided during the RAP process. Table 6: Types of Compensation Type of Description Compensation In – Kind Compensation may include items such as land and buildings, of equal or better value. If building Compensation materials are provided, transport and labor costs must also be provided. Cash compensation for full replacement value will be considered only if the affected land is less than 20% of the total land. Cash payments Compensation will be calculated at new replacement value, and paid in Rwandan Francs Resettlement Resettlement assistance may include moving allowance, transportation and labor associated and Economic with resettlement as well as financial assistance for the period when access to land, income/ Rehabilitation subsistence crops is unavailable. Assistance Economic rehabilitation Assistance may include training, capacity building as well as provision of 35| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 assistance to facilitate reestablishment of livelihood activities such as provision of seedlings, agricultural inputs and financial credits for equipment. 4.2.2 Valuation of Assets and National Law According to Rwandan Expropriation Law, any expropriated assets are to be ‘justly’ compensated with valuation undertaken by an independent valuer. This RPF provides the basic principles for the valuation of affected assets. During consultation with the PAPs, the Social Safeguard Specialist will guide the Districts to provide available options and their advantages to PAPs, to assist them to make informed decisions. 4.2.3 Valuation methods Replacement Cost Approach The replacement cost approach is based on the premise that the costs of replacing productive assets is based on damages caused by sub project operations. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on on-site management practices and thereby prevent damage. In applying this method of valuation, depreciation of structures and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms such as access to water sources, public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts will be made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. The approach will involve direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, moving expenses and other transaction costs. Gross Current Replacement Cost Gross Current Replacement Cost (GCRC) is defined as the estimated cost of erecting a new building having the same gross external area as that of the existing one, with the same site works and services and on a similar piece of land. Other methods Rates from Contractors: When rate schedules do not exist or are out of date, recent quotations by contractors for similar types of construction in the vicinity of the project can be used for calculating replacement costs. In projects offering the options of cash compensation or alternative accommodation, the construction cost estimates for alternative accommodation could be used for calculating cash compensation payable. 4.3 Calculating compensation for assets The following methods of calculation should be adopted for the preparation of the aforementioned standardized asset valuation tables and/or the application of specific case by case valuations in the case of projects that have significant impacts. 4.3.1 Compensation for Land Land for land is the first compensation option and compensation in cash at full replacement value will be considered only if the affected land is less than 20% of the total land. Replacement land should be of equivalent productive value and size, and located in the community or at a nearby resettlement area, with similar social and physical infrastructure systems as well as secured tenure status. 36| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Cash compensation should be valued based on the prevailing market value in the locality as calculated by an independent valuer. In addition, any associated costs of purchasing the land including land rates, registration fees will need to be included in the compensation calculation. Where land lost is only a small proportion of total land owned by the PAP, but renders the remaining land as unusable, the compensation provided should be calculated based on the total land affected (the actual land lost plus the remaining unusable land). 4.3.2 Compensation for houses and other Structures There are two options for compensating structures in lands that will be expropriated. The preferred option for structural compensation will be to provide alternate structures (huts, houses, farm outbuildings, latrines, storage facilities and fences among others) of improved quality where possible. In case of residential structures, the replacement should provide better standards of living. Alternative method of structure compensation will be to provide cash compensation at full replacement value. Replacement costs will be based on: - Sizes of structures and materials used - Average replacement costs of different types of structures based on information on the numbers and types of materials used to construct different types of structures - Prices of materials used in the structure based on local market rates - Transportation costs for delivery of these materials acquired for replacing the structure - Estimates of construction of new buildings including labor required - Any associated costs including rates, taxes, and registration fees among others. Furthermore, resettlement assistance will be provided in the form of a moving allowance (at full costs of transport expenses). Affected people may be offered plots in selected sites in organized villages for house construction. 4.3.3 Compensation for Crops and Trees PAPs will be encouraged to harvest their produce before loss of asset. In order to ensure that this is possible, and that appropriate market prices are received for yields, there needs to be sufficient consultation beforehand so that harvesting can be properly planned. In the event that crops cannot be harvested, compensation for loss of crops and trees including value of fruit trees will be provided as follows. - Provision of cash compensation for value of crops lost, as per the Rwandan expropriation law; - Provision of good quality seed or seedlings appropriate for the resettled areas, fruit tree materials inclusive; In addition to compensation for tree and shrub losses, the planting of tree species will be done along the improved roads for the road protection and replacement of tree species lost. 4.3.4 Compensation for Community Assets Compensation will be provided for community assets identified through the socio-economic survey. In all cases, these will be provided in kind and new facilities will be provided even if there are existing facilities at the new location. 4.3.5 Compensation for Sacred Sites This policy does not permit the use of land that is defined to be cultural property by the Bank’s Safeguards policy OP 4.11. Sacred and genocide memorial sites include but not restricted only to; museums, altars, initiation centers, ritual sites, tombs and cemeteries. It includes other such sites or places/features that are accepted by local laws (including customary), practice, tradition and culture as sacred. To avoid any possible conflicts between individuals and/or communities/homesteads, the use of sacred/religious sites or any other site with cultural interests under SP-IPF is not permitted. 37| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 CHAPTER FIVE: PUBLIC CONSULTATION AND PARTICIPATION Project stakeholder consultation is a vital component of the RPF process. The consultation process focuses on providing information on the proposed project in a manner that can be understood and interpreted by the relevant audience, seeking comment on key issues and concerns, sourcing accurate information, identifying potential impacts and offering the opportunity for alternatives or objections to be raised by the potentially affected parties; non-governmental organizations, members of the public and other stakeholders. Consultation has also been found to develop a sense of stakeholder ownership of the project and the realization that their concerns are taken seriously, and that the issues they raise, if relevant, will be addressed in the RPF process and will be considered during project design refinement. 5.1 Public consultation Consultation with all project stakeholders began during the Scoping phase and continues throughout the entire RPF process and will continue into the public works implementation phases. Consultations with districts and sectors administration, community members, project and stakeholder officials and project affected persons were organized. All stakeholders are favourable to the project and see it as the possibility of increasing economic activity in the area with the increased transport facilities especially for the creation of small business as well as the chance of an increased living standard. Issue raised from public consultation: district, local civil society and farmers requested to get more information on the size and exact location of the projects to be able to analyze how many families will be directly affected, which crops will be affected and if expropriations and relocation of families to other areas will be necessary. Recommended action plan: (i) As the impacts of the projects involve some resettlements, this is a serious task for district officers. However, they need to be informed officially and provided with maps of the exact project locations and affected areas so that they can start informing inhabitants on how they will be affected and asking them for their cooperation. (ii) The project declaration needs to be submitted officially in order to enable the administration to take action. The next step after the official declaration is for the district officers to inform local leaders on sector, cell and village level about the project and reach potentially affected persons, who will lose land, crops, and trees or built structures. (iii) Affected persons need to be informed before the official inventory of losses (signature of expropriation forms) and the start of the expropriation and compensation procedure to be carried out by the district with LODA guidance. 5.2 Consultation with Other Relevant Stakeholders Other relevant stakeholders at national level such as government institutions (LODA, REMA, RLMUA, MINALOC, MINAGRI/SPIU) have been consulted and informed about the project. 38| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 5.3 Consultation with Directly Affected Persons As the identification of Project sites has not been finalized, public consultations were carried out in similar sites planned to be developed or whose works were completed to give a representative picture of environmental and social impacts of the proposed project. Generally, people appreciate the project because they expect to be employed and have an income to gain access to good infrastructure which may contribute to improving their living standard and economic opportunities. The negative impacts are considered as minor. However, people have a right to be informed in advance and to receive just and timely compensation of lost assets. Below, are some pictures of consultation meetings Public consultation in Muhanga/Shyogwe (19 July 2017) Road developed under VUP programme in Nyaruguru Public Consultations in Nyaruguru (17-18 July 2017) Figure 3: Photos of consultation meetings in various project sites 39| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Issue raised from consultation: all stakeholders and communities consulted were much concerned with compensation. Recommended action plan: Prior to compensation and resettlement, the PAPs and affected communities should be informed of the compensation process and cut-off date. A detailed valuation of affected assets in the presence of the PAPs and local authorities, should then be undertaken, current market and replacement value of the affected assets negotiated with the PAPs and communities for payment. In regards to environmental concerns, consultation meetings revealed that all expected negative impacts, will be addressed during specific ESIA studies. Table 4: Key outcome of the consultation meetings ISSUE RAISED RESPONSE Availability of funds for The government of Rwanda will provide funds for compensation and Project Expropriation Affected persons will be compensated prior works. Perceptions and awareness of Interviewed communities in the project area and other stakeholders including stakeholders and the public in local authorities are aware of the project and the role of the project to increase general, in relation to the livelihoods of local communities. proposed project. Roles of District in implementation The Districts are the implementers of the project. They will therefore participate of safeguards tools actively in RAPs preparation and implementation Expected risks and negative - Compensation for loss of properties (land, crops, trees, structures) and effects of the Project to the local business community. - Relocation of PAPs whose houses will be affected by project works - Erosion control measures to limit land sliding likely to cause properties loss and pollution in high steep areas - Roads works during heavy rains should be avoided to minimize land sliding risks Mitigation measures to potential - Just and fair compensation of PAPs for lost assets risks and adverse project impacts - Assistance to resettled PAPs, including the poorest PAPs to local community - Appropriate mitigation measures taken for pollution and health safety control - Ensure transparent selection of people to participate in public works and hire as much as possible PAPs Anticipated benefits likely to be - Employment creation occurred from the project for - Increased income for all employed community members stakeholders. - Improvement of welfare conditions. The willing to accept and - Government, related ministries and institutions to advocate and enhance the participate in resources technical capacity of all stakeholders. mobilization for all involved - Local communities to accept and implement project activities. stakeholders. Raised concerns/complaints from - Compensation for assets will be as per the Rwandan regulation. land owners. - Property owners will be informed when assets inventory and compensation payment will be done; but should be done before the start of works Raised the issue of employment; The consultant team explained that VUP guidelines will be followed. But those they suggested that the local with no skills will be trained during project implementation. people should be the first ones to be employed project. What are the benefit for The project will benefit all people and it needs people with the ability to work on vulnerable people who cannot the project as well. The project will identify activities which can be implemented work by vulnerable People and people with disabilities. Tree nurseries to be established by the Project is one example. The Project will collaborate with the District to ensure that poorest vulnerable PAPs benefit from the Government support. 40| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 CHAPTER SIX: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS The implementation of the Social Protection Investment Project Financing Operation will have a national coverage whereby all 30 Districts will be eligible to implement public works under the project. Before any public works are implemented, PAPs will need to be compensated in accordance with the Resettlement Policy Framework and the Resettlement Action Plans. For activities involving land acquisition or loss, denial or restriction to access, it is further required that these measures include provision of compensation and of other assistance required for relocation prior to displacement and preparation of resettlement sites with adequate facilities, where required. Taking of land and related assets may take place only after compensation has been paid and where applicable, resettlement sites and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the individual Districts RAPs. The measures to ensure compliance with this RPF will be included in the RAPs that will be prepared for each district involving resettlement or compensation. The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs. These include the target dates for start and completion of civil works, timetables for transfers of completed civil works to PAPs, and dates of possession of land that PAPs are using. The dates must be after transfer date for completed civil works to PAPs and payments of all compensation. How these activities are linked to the implementation of the overall subproject must also be agreed between the parties. The screening process must ensure that RAPs contain acceptable measures that link resettlement activity to civil works in compliance with this policy. The timing mechanism of these measures would ensure that no individual or affected household would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual or homestead affected. Once the RAP is approved by the local and national authorities, the RAP should be sent to the World Bank for final review, approval and disclosure. 6.1 Preparation of Resettlement Action Plan When planned public works in a given District are expected to cause physical or economic resettlement, the said District shall hire a qualified individual consultant to prepare a RAP. If the hired consultant is not a certified independent valuer, he/she will need the services of one to support during the valuation process. The prepared RAP will be approved by LODA and the World Bank. The RAP will need to be as detailed as possible in order to guide resettlement of each of the public works activities. Such RAP will need to be updated every year with new specific activities, once the District gets a confirmation of public works to be implemented the following fiscal year. 6.1.1 Process for Identifying need for RAP To establish if RAP is indeed needed, screening will be undertaken at the sub project design stage, using the resettlement screening form in Annexe 2. After screening and it is known that land acquisition is required, the RAP process can now start. The RAP will entail identification of PAPs, socio-economic survey of the PAPs, census and asset inventory of the area. Throughout the RAP process, transparent consultation and public disclosure will take place with all the stakeholders including the PAPs, ensuring that the affected persons are informed about the process. During the whole process, the PAPs should be informed of their right to have access to a grievance mechanism. 41| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 6.1.2 Sub-Project Screening The first step in the process of preparing District RAPs is the screening process. Screening will involve the identification of the land/areas that may result in resettlement impacts. Screening is used to identify the types and nature of potential impacts related to the activities proposed under the project, and to provide adequate measures to address them. It also ensures that the avoidance or minimization of resettlement is a key public works activity selection criterion. The screening process presented below will ensure that public works presented for SP-IPF funding complies with the requirements of WB OP 4.12 and Rwandan Organic Law and Land Use Master Plan. Screening will take place as early in the planning phase by the District, and it will identify land that will be required for resettlement. This process will be undertaken in consultation with the PAPs to ensure that it takes all considerations into account, and that all potential impacts are identified. Should the screening process show that resettlement will be required, the next step will be to conduct a socio-economic survey, census and land asset inventory to determine the extent of resettlement required. This will be followed by the preparation of a RAP at the District level for all public works planned and approved. 6.1.3 Socio Economic Survey To enable identify the numbers and socioeconomic impact of PAP, a socio-economic survey should be conducted. This should include quantitative household survey of the project affected persons or households. The objective of the quantitative household survey will be to generate a baseline description of pertinent demographic and social characteristics of the affected households. The target population for the quantitative household survey will be those affected persons within the project area. The socio-economic survey will be initiated by the relevant Districts responsible for managing the sub-project (via the sub-project Resettlement and Compensation Committees), with the use of the sample socio-economic survey in Annex. 6.1.4 Project Affected Person’s Census To determine the population of those affected, PAPs census should be undertaken for the displaced. The methodology will encompass all people adversely affected by the project, regardless of their legal status – landowner, holder of land rights, tenant, and illegal squatter – or whether they are actually living on an affected site at the time of the census. The lack of land title does not disqualify people from resettlement assistance. Private landowners and holders of rights to land as well as any person currently occupying public or private land for shelter, business purposes or other sources of livelihood (caretakers, squatters, scavengers) should be included in the census. The census will serve five important and interrelated functions: - Establishing a list of legitimate beneficiaries before the subproject’s onset that counters spurious claims from those moving into the project area solely in anticipation of benefits, - Provide indicators for monitoring and evaluation; - Provide initial information on the scale of resettlement to be undertaken - Laying a framework for subsequent socioeconomic research needed to establish fair compensation rates and to design, monitor and evaluate sustainable income restoration or development interventions, It’s advisable that an independent consultant will need to be contracted to undertake the census, under close supervision of the sub-project Resettlement and Compensation Committees. 42| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 6.1.5 Preparation of Asset Inventory To prepare inventory of assets on the land, a field team should visit the affected area to carry out an asset valuation survey. The team should include cell resettlement committee representative, local administration, and representative of the PAPs among others. During the survey, each asset should be enumerated and inscribed on an inventory and a valuation of the asset carried out using the approach described above. The values of each asset should then be recorded in a register and shown to the affected person for agreement. The register will be signed and a copy given on the spot to the affected person. At this time, a copy of the grievance procedure will also be given to the affected person as stated in the grievance redress mechanism. 6.1.6 Land donation protocol and procedures The affected person may decide to donate his/her land or assets and voluntarily chose not to be compensated. The reason may be that the infrastructure to be constructed may be deemed by the PAP as more important than the value of the land or assets to be affected. In that case, the valuation will normally be done as provided by this RPF, and the PAP will sign on the valuation report confirming that they prefer not to be compensated. The land donation shall be documented and report be prepared. 6.1.7 Preparation of RAP Report Following the socio-economic census and identification of affected parties, a RAP will be developed by the Consultant under the District supervision. It will be prepared in consultation with affected parties, particularly in relation to the cut-off date for eligibility, disturbances to livelihoods and income-earning activities, methods of valuation, compensation payments, potential assistance and timeframes. The basic elements of a RAP are outlined in OP4.12 and each element of a RAP is described in this RPF, but more detailed guidelines for preparing a RAP are available on the World Bank’s website (www.worldbank.org) or in the World Bank’s Involuntary Resettlement Sourcebook. 1. Description of the project- general description and identification of project area; 2. Identification of potential project impacts and affected populations, including alternatives considered to minimize resettlement; 3. Findings of the census and any other socioeconomic studies conducted; 4. Description of resettlement assistance and restoration of-livelihood activities; 5. Eligibility; 6. Valuation of and compensations for losses; 7. Resettlement measures for each category of eligible PAPs; 8. Framework for public consultation, participation, and development planning; 9. Description of provisions for redress of grievances; 10. Description of organizational responsibilities; 11. Implementation schedule; 12. Costs and budget showing itemized cost estimates for all resettlement activities including allowances for inflation and other contingencies and timetables for expenditure; and Framework for monitoring, evaluation, and reporting. 6.1.8 Implementation of RAP In implementing RAPs for the different sub-projects, a number of Government institutions will play a role. As stated above, the implementation of the RAPs will be the responsibility of the District in each sub-project location. Implementation will be led by a Resettlement and Compensation Committee created for each District where resettlement is an issue. 43| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 This committee is appointed by the District. The District will have a review role of the Resettlement and Compensation committee and provide political and administrative support for the implementation of RAPs. National level institutions will ensure that there is compliance against the RPF and national legislation, and that information is available and consolidated in one place for overall SP-IPF project monitoring. 6.1.9 Review and Submission of Project Authorities After the completion of the RAP preparation, the District will submit the RAP to LODA for review and approval. The report is also reviewed by the World Bank to ensure compliance with OP4.12 and any other relevant policies/ procedures. Capacity for RAP preparation will be built at Local Authority level specifically via the Sub-project Resettlement and Compensation Committee as well as through District. This will be through training and technical assistance to ensure that all stakeholders involved discharge their different responsibilities effectively. 6.2 Public Consultation and Participation Public consultation and participation by the affected communities and individuals is an essential element of the land acquisition, compensation and resettlement process. Throughout the process, and particularly during screening, all stakeholders must be adequately consulted and involved. 6.2.1 Mechanism for consultations and public participation Public consultation and participation by the affected communities and individuals is an essential element of the land acquisition, compensation and resettlement process. Throughout the process, and particularly during screening, all stakeholders must be adequately consulted and involved. The need for stakeholder’s consultation is to secure the informed participation and consent of all people affected consultation should be particularly in the following areas - Alternative project design - Assessment of project impacts - Resettlement strategy - Compensation rates and eligibility for entitlements - Choice of resettlement sites and timing of relocation - Development of opportunities and initiatives - Development of procedures for redressing grievances and resolving disputes - Mechanisms for monitoring and evaluation and for implementing corrective actions 6.2.2 Overview The involvement of involuntary resettled persons and hosts in planning prior to the move is critical and initial resistance to the idea of involuntary resettlement is expected. To obtain cooperation, participation and feedback, the resettled persons and hosts will be systematically informed and consulted during preparation of the resettlement plan about their options and rights. They will also be able to choose from a number of acceptable resettlement alternatives. Particular attention will be given to vulnerable groups such as the landless, and women to ensure that they are represented adequately in such arrangements. The plan will address and mitigate the resettlement’s impact on host populations who should be informed and consulted. Any payments due to the hosts for land or other assets provided to resettled persons should be 44| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 promptly made. Conflicts between hosts and resettled persons may develop as increased demands are placed on land, water, forests, services etc., or if the resettled persons are provided services and housing superior to that of the hosts. Public consultation and participation are essential because they afford potential PAPs the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts between and among PAPs and the project team. The way land administration is undertaken in Rwanda today based on long standing traditional and cultural practices makes public consultation with the rural communities, indispensable. Effective and close consultation with PAPs is a pre-requisite for project success. In recognition of this, particular attention would be paid to public consultation with potentially affected individuals/households/homesteads when resettlement and compensation concerns are involved. Public consultation will take place at the inception of the planning stages when the potential land areas are being considered. The participation strategy would evolve around the provision of a full opportunity for involvement. Therefore, as a matter of strategy, public consultation would be an on-going activity taking place throughout the entire project cycle. For example, public consultation would also occur during the preparation of the (i) the socio-economic study, (ii) the resettlement and compensation plan (iv) the environmental impact assessment and (v) during the drafting and reading of the compensation contract. Public participation and consultation would take place through meetings, radio programs, request for written proposals/comments, filling in of questionnaires/ application forms, public readings and explanations of project ideas and requirements, making public documents available at the national, local and homestead levels at suitable locations like the official residences/offices of local elders. These measures would take into account the low literacy levels prevalent in these rural communities by allowing enough time for responses and feedback. Notwithstanding, the best guarantor for public interest are the village leaders who are responsible members of their local communities and can inadvertently be part of the potentially displaced (economically or physically) individuals/households either in part or in whole. Monitoring of this process would be through the village/umudugudu leaders as part of the individual resettlement and compensation plans and overall the monitoring and evaluation mechanism of the entire project. This requirement is in line with the Bank policy on disclosure. 6.2.3 Data collecting phase After familiarizing themselves with the project area through reading and consultations with the Districts (and LODA if necessary), the consultants will design appropriate questionnaires intended for data collection at project location levels. The levels will vary from households to community groups, based on the TORs. The consultant will design questionnaires for data collection from various households, organizations and institutions such as women groups, farmers’ Associations, individual farm units, primary and/or secondary schools, health centres and agricultural cooperative unions or individual farm units, depending on the nature of information source. All the actors will constitute the main taskforce in the data collecting phase and PAPs will be consulted to participate in the process by providing socio-economic information about their livelihoods. This could be done through use of forms, questionnaires and interviews. Persons or groups of persons at the project sites, location, village levels, or household levels to be interviewed will also be identified and selected through stratified random sampling. Those to be interviewed will include those directly affected by physical works and a scientifically accepted number of respondent households for each sub-project location. 45| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 The PAPs will be consulted through meetings to share information about the project, discuss social impacts of project operations and the mitigation measures suggested. The contribution of the PAPs will be integrated into the subproject implementation process, from planning to evaluation. Furthermore, data about socio-impacts of the subprojects and the mitigation measures suggested will be provided to the media. This data will serve as instruments for the monitoring of the social mitigation measures. Once all the data about the PAPs have been collected and valuation undertaken, cash compensation amount and size of land offered for compensation will be presented to each eligible PAP for consideration and endorsement before cash payment or land compensation can be effected. 6.2.4 Implementation, Monitoring and evaluation phases Before implementation, the PAPs will be informed about their rights and options, at which point they will air their views. The PAPs representatives will participate in the project completion workshops, to give their evaluation of the impacts of the project. They will also suggest corrective measures, which may be used to improve implementation of other subprojects. After completion of all expropriation/compensation operations, the PAPs will be consulted in a household survey to be undertaken as a monitoring and evaluation exercise. 6.3 RAP grievance redress mechanism Grievance procedures will be required to ensure that PAPs are able to lodge complaints or concerns, without cost, and with the assurance of a timely and satisfactory resolution of the issue. The procedures also ensure that the entitlements are effectively transferred to the intended beneficiaries. Stakeholders will be informed of the intention to implement the grievance mechanism, and the procedure will be communicated at the time that the RAPs are finalized. Grievances may arise from members of communities who are dissatisfied with eligibility criteria use, community planning and resettlement measures, actual implementation or compensation. 6.3.1 Process The overall process of grievance is as follows: - During the initial stages of the valuation process, the affected persons will be given copies of grievance procedures as a guide on how to handle the grievances. - The process of grievance redress will start with registration of the grievances to be addressed for reference, and to enable progress updates of the cases. - The project will use a local mechanism, which includes resettlement committees, peers and local leaders of the affected people. These will ensure equity across cases, eliminate nuisance claims and satisfy legitimate claimants at low cost. - The response time will depend on the issue to be addressed but it should be addressed with efficiency. - Compensation will be paid to individual PAPs only after a written consent of the PAPs, including both husband and wife. 6.3.2 Procedure The aggrieved person should file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing to the Resettlement and Compensation Committee. The grievance note should be signed and dated by the aggrieved person. A selected member of the Resettlement and Compensation Committee will act as the District Director of Social Development Unit who will be the direct liaison with PAPs. The Director of Social Development Unit should be working in collaboration with all stakeholders to ensure objectivity in the grievance process. Where the affected person is unable to write, the Director of Social 46| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Development Unit will write the note on the aggrieved person’s behalf. Any informal grievances will also be documented by the District Director of Social Development Unit. The note should be embossed with aggrieved person’s thumbprint. A sample grievance form is provided in Annexes. The District Director of Social Development Unit and his Resettlement and Compensation Committee will consult to determine the validity of claims. If valid, the Committee will notify the complainant and s/he will be assisted. The Resettlement and Compensation Committee will respond within 14 days during which time any meetings and discussions to be held with the aggrieved person will be conducted. If the grievance relates to valuation of assets, a second or even a third valuation will be undertaken, until it is accepted by both parties. These should be undertaken by separate independent valuers than the person who carried out the initial valuation. The more valuations that are required to achieve an agreement by both parties, the longer the process will take. In this case, the aggrieved person must be notified by the District Director of Social Development Unit who has the responsibilities of Public works in his/her responsibilities, that his/her complaint is being considered. If the complainant’s claim is rejected by the Committee, the District Director of Social Development Unit will assist the aggrieved person to take the matter to the Land Adjudication Committee, legally responsible for resolving formally lodged grievances. If the aggrieved person does not receive a response or is not satisfied with the outcome within the agreed time, s/he may lodge his/her grievance to the relevant Municipal Administration such as the District Land Bureau, also mandated to help resolve such matters. If requested, or deemed necessary by the subproject Committee, the District Project Coordination officer will assist the aggrieved person in this matter. The relevant Local Administration will then attempt to resolve the problem (through dialogue and negotiation) within 30 days of the complaint being lodged. If no agreement is reached at this stage, then the complaint is dealt with through the local courts (Abunzi) where possible. Where matters cannot be resolved through local routes, the grievance will be referred to higher authorities at the national level. The subproject Resettlement and Compensation Committee will provide assistance at all stages to the aggrieved person to facilitate resolution of their complaint and ensure that the matter is addressed in the optimal way possible. 6.3.3 Grievance Log The Director of Social Development Unit will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. The log will contain record of the person responsible for an individual complaint, and records dates for the following events: - Date the complaint was reported; - Date the Grievance Log was added onto the project database; - Date information on proposed corrective action sent to complainant (if appropriate); - The date the complaint was closed out; and - Date response was sent to complainant. 6.3.4 Monitoring Complaints The District Project Coordination officer will be responsible for: - Providing the sub-project Resettlement and Compensation Committee with a weekly report detailing the number and status of complaints; - Any outstanding issues to be addressed; and - Monthly reports, including analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action. 47| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 CHAPTER SEVEN: IMPLEMENTATION, MONITORING AND BUDGET 7.1 Resettlement Policy Framework Implementation Arrangements The overall coordination of the project will be provided by the Local Administrative Entities Development Agency (LODA) through its Single Projects Implementation Unit. Stakeholders that will be involved in the implementation of the RPF are described in detail below. The implementation arrangement builds on responsibilities already in place to ensure that the requirements of this RPF are met for each sub-project. The implementation of the RPF for Social Protection Investment Project Financing Operation will involve different stakeholders and will be done at different level from national level to District level. 7.1.1 National Level Implementing Institutions Ministry of Local Government (MINALOC) Ministry of Local Government is the responsible agency for the implementation of the Social Protection Strategy. The Social Protection Investment Project Financing Operation will help to achieve the objectives of the strategy. Ministry of Natural Resources (MINIRENA) MINIRENA governs the implementation and application of the Land law and the Land Use Master Plan. While the ministry deals with overall land policy and the alignment with these Laws at the national level, responsibilities for their implementation locally has been devolved, following decentralization to Land Commission and Committees at District, Sector and Cell levels. MINIRENA is also the key Ministry governing resettlement arrangements in Rwanda through the Land Bureaus. They do this by working directly with the Ministry/Institution developing the land on which resettlement is required. The implementation of RPF/RAP for the SP-IPF will be done by Districts, but will also involve the teams of MINALOC, LODA and MINIRENA. MINIRENA will therefore play a critical role in ensuring that appropriate and consistent compensation is provided to all affected persons resulting from the public works under the project. Local Administrative Entities Development Agency (LODA) LODA will have the oversight role of RPF implementation at the national level, will ensure proper coordination by Districts of monitoring activities and maintenance of monitoring information. LODA will also be responsible of building the capacity of Districts in collection and analysis of monitoring data. LODA is organized into four divisions in addition to the supporting team to the Director General office, and these are; (1) the Local Development Planning and M&E Division, (2) Local Economic Development Division, (3) the Social Protection Programs Division, and (4) the Corporate services Division. LODA has also a Single Projects Implementation Unit (SPIU), under which LODA will add relevant staff for the implementation of the SP-IPF, and consequently this RPF. Today LODA have one environmental and Social safeguard staff position but are not yet recruited. Thus, these two position need to be filled and recruited persons shall lead the implementation of this RPF. The Project Implementation Manual (PIM) will provide guidance on the formats for planning, reporting, monitoring and evaluation, and fiduciary management procedures. The Project will use existing government procedures and also harmonize with procedures and formats already used under LODA. 48| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 At the local level, the project activities will be implemented through the District level under MoUs between LODA and the participating District, in accordance with the national decentralization policies. The Districts will appoint a District Project Management Team which may be composed of existing District staff. The LODA Social Safeguard Specialist will be the national level focal point of Districts for the RPF and Districts RAPs implementation. It’s this agency that will also ensure that Districts have adequate finances for the implementation of RPF and RAPs. LODA will ensure that the procedures and requirements of the Rwandan laws as well as the requirements under OP 4.12 are enforced. A key role will be to 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. LODA will also undertake the main monitoring and evaluation role of resettlement activities during and post implementation. Rwanda Land Management and Use Authority (RLMUA) RLMUA is the organ responsible for overall management and coordination of all activities related to land administration, land use planning and management in Rwanda. The role of RLMUA in the RPF and RAP process will be to advise on matters related to land ownership and expropriation. District land bureau in close collaboration with SP-IPF project staff will check and approve surveys, various maps and approve land surveys carried out during the RAP exercise. Ministry of Infrastructure (MININFRA) The Ministry of Infrastructure is responsible for developing policies and regulations in infrastructure sectors including some related to the planned public works like roads, housing, water and sanitation among others. MININFRA is also responsible for monitoring the implementation of those policies and regulations. Rwanda Transport Development Agency (RTDA) RTDA is in charge of the implementation of the national policy on public infrastructure in particular roads, bridges, etc. Roads rehabilitation with public works approaches have been among the main activities implemented under social protection programs. RTDA and MININFRA will assist in defining the Roads alignment and the required land for upgrading feeder roads and spot improvement. Institute of Real Property Valuers As stated before, project will use independent valuers to provide ‘fair and just’ valuation of affected assets. 7.1.2 District Level Implementing Institutions District Executive Committee Districts will be coordinating activities of the Social Protection Investment Project Financing Operation within their boundaries. The District Executive Committee is the organ that determines projects of expropriation in the public interest. This is done in consideration with approved Social Protection-VUP Public Works guidelines. District Council At the district level, the District Council is the organ approving the expropriation in the public interest after consideration of the recommendation of the resettlement and compensation committee. 49| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Resettlement and Compensation Committee The resettlement and compensation committee shall be established at the District level to supervise projects of expropriation in the public interest and monitor all resettlement and compensation activities. . It plays a critical role to ensure that all activities are fully aligned with RPF and RAP guidelines. District resettlement and compensation committee, under the supervision of District executive committee, will be responsible for electing members of a sub-project Resettlement and Compensation Committee from PW operational Sectors. This committee will be constituted for the sole purpose of RPF and RAP implementation arrangements and will operate at District level. This committee will plan for, coordinate and monitor resettlement, compensation and relocation activities, as well as supervise compensation payments to the recipient project affected parties (PAPs) within the VUP PW operational sectors. It is proposed to be coordinated by the District committee. The representatives of the Resettlement and Compensation Committee would comprise the following: - Representative from any other key PW sector ice involved in the resettlement process; - Representatives from all cells offices where the planned public works activity is located; - Two representatives of PAP (equal gender representation) The Resettlement and Compensation Committee at district level would have responsibility for: - Verifying PAPs - Validate inventories of PAPs and affected assets; - Monitor the disbursement of funds; - Guide and monitor the implementation of relocation; - Coordinate activities between the various organizations involved in relocation; - Facilitate conflict resolution and addressing grievances; and - Provide support and assistance to vulnerable groups including widows, orphans, and the old persons among others). This committee should meet on a regular basis (as determined by the needs of the project) to ensure that resettlement activities are appropriately designed and executed. It is recommended that a representative be elected to act as the District Project Coordination officer who would act as the key contact with PAPs and therefore facilitate implementation of consultation, public participation and grievance mechanisms. Table 8: Summary of institutional Responsibilities for RPF implementation Institutions Responsibilities LODA - Review and approval of Resettlement related documentation from all subprojects (screening forms, RAP reports etc) to ensure consistency and compliance with RPF; - Overall monitoring and evaluation of resettlement implementation (i.e., annual audits and review of sub-project level monitoring undertaken by District authorities), ensuring that RAPs are implemented in accordance with Rwandan laws and OP 4.12. Districts - Initiate the resettlement process by screening of sub-projects to identify resettlement and compensation requirements - Establish Resettlement and Compensation committees, which shall also be responsible of GRM implementation - Have a representation in each sub-project Resettlement and Compensation Committee - Provision of capacity building and technical support relating to resettlement and compensation activities; - Ensure funds allocated appropriately, according to RAP. - Verify land owners from records of land register - Monitor and approve activities pertaining to valuation of land and other immovable property - Ensure that ‘fair and just’ compensation is reached in accordance with the law and the requirements of this RPF. 50| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 - Initiate expropriation proposal - Approving for expropriation of persons - Review and sign off of all documentation (e.g., Screening forms, completed RAPs, grievance forms, consultation plans) before submitting to LODA for approval - Overall responsibility for collection of data for monitoring purposes (integrate information requirements into existing databases and data systems). - Ensure resettled have been provided housing, infrastructure (e.g., water supply), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. District Executive The District Executive Committee is the organ that determines projects of expropriation in the public committee interest. This is done in consideration with approved VUP public works guidelines District Council The District Council will approve the expropriation in the public interest after consideration of the recommendation of the resettlement and compensation committee. MINIRENA - To ensure that the resettlement sites has sustainable programs including environmental protection measures related to national legislation and World Bank’s OP4.12 - Ensure the resettlement plans are within the context of national land use plan Rwanda Land To check and to approve surveys, various maps surveys carried out during the RAP exercise. Management and Use Authority (RLMUA) Resettlement - Verifying PAPs Committees - Validate inventories of PAPs and affected assets; - Allocate land, where required, to permanently affected households - Facilitate conflict resolution and addressing grievances - Guide and monitor the implementation of relocation 7.2 RPF Monitoring and Evaluation Framework In order to assess whether the goals of the resettlement and compensation plan are being met, a monitoring plan should be developed. The monitoring plan defines and identifies monitoring activities that will take place, when and by whom and identifies the indicators and data collection methods, and training and capacity building needs of the institutions and persons to implement the plan. The objective of the monitoring and evaluation process will be to determine whether PAPs have been paid in full and before implementation of the subproject, and people who were affected by the subproject have been affected in such a way that they are now living a higher standard than before, living at the same standard as before, or they are they are actually poorer than before. The arrangements for monitoring the resettlement and compensation activities will fit into the overall monitoring program of the entire SP-IPF, which will fall under the overall responsibility of Districts under guidance and oversight by LODA. Monitoring will be done on behalf of Districts by the Resettlement and Compensation Committee. They will be mandated to carry out independent monitoring of the implementation of the resettlement and compensation plans at periodic intervals of monthly, quarterly or half yearly (as circumstances dictate) during the program life. 7.2.1 Monitoring Indicators Verifiable indicators for measuring the impact of physical relocation on the health and welfare of affected population and the effectiveness of impact mitigation measures, including livelihood restoration and development initiatives. These verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at measuring the physical and socio-economic status of the PAPs, to 51| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 determine and guide improvement in their social wellbeing. Monitoring indicators to be used for the RAP will have to be developed to respond to specific site conditions. Indicators to Determine Status of Affected People A number of indicators would be used in order to determine the status of affected people (land being used compared to before, standard of house compared to before, level of participation in project activities compared to before, how many kids in school compared to before, health standards, etc). Therefore, the resettlement and compensation plans will set two major socio-economic goals by which to evaluate its success: Affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; and the local communities remain supportive of the project. Indicators to Measure RAP Performance In order to access whether these goals are met, the resettlement and compensation plans will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. The following provides a list of potential indicators for monitoring, which assess the change in the following for those who have been resettled. In terms of the resettlement process, the following indicators could be used to understand the success of the measures identified and the working of the relevant parties in implementation the RAP: - percentage of individuals selecting cash or a combination of cash and in-kind compensation; - the number of contentious cases as a percentage of the total cases; - the number of grievances and time and quality of resolution; - the ability of individuals and families to re-establish their pre-displacement activities, crops or other alternative incomes; - number of impacted locals employed by the civil works contractors; - General relations between the project and the local communities. These will be determined through the following activities: - Questionnaire data will be entered into a database for comparative analysis at all levels of local government; - Each individual will have a compensation dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received. The District authorities will maintain a complete database on every individual impacted by the sub-project land use requirements including relocation/resettlement and compensation, land impacts or damages; and should prepare Resettlement Completion Reports for each RAP, in addition to other regular monitoring reports. It is the responsibility of the District authorities to document information ideally integrated into existing databases. The District authorities will need to design a robust reporting system at the beginning of the project to ensure that these data are collated at appropriate intervals and in sufficient quantity and quality. The subproject Resettlement and Compensation Committee will facilitate coordination of information collation activities (such as surveys, supervising documentation) in accordance with procedures put in place. LODA will provide training, technical support and funding to ensure that this happens. In order to assess whether these goals are met, the resettlement and compensation plans will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. 52| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 7.2.2 Monitoring of RPF Implementation Districts will compile basic information on all physical or economic displacement arising from the project, and convey this information to LODA, on a monthly basis. They will compile the following statistics: - Number of sub-projects requiring preparation of a RAP; - Number of households and individuals physically or economically displaced by each sub-project; - Length of time from sub-project identification to payment of compensation to PAPs; - Timing of compensation in relation to commencement of physical works; - Amount of compensation paid to each PAP household (if in cash), or - Nature of compensation (if in kind); - Number of people raising grievances in relation to each sub-project; - Number of unresolved grievances. LODA will scrutinize these statistics in order to determine whether the resettlement planning arrangements as set out in this RPF are being adhered to. LODA will monitor compensation and loss of wages. Financial records will be maintained by Districts and LODA, to permit calculation of the final cost of resettlement and compensation per individual or household. The indicators will be used to monitor implementation of the RPF will include. - Outstanding compensation not completed - Public works activities unable to settle compensation after one year - Grievances recognized as legitimate out of all complaints lodged Financial records will be maintained by LODA and District to permit calculation of the final cost of resettlement and compensation per individual or household. 7.2.3 Storage of PAPs Details Each PAP household will be provided with a signed report recording his or her initial situation, all subsequent project use of assets and compensation agreed upon and received. At the same time, before compensation all household heads representing the PAPs will be required to provide passport size photographs Districts and LODA will maintain a complete database on every individual impacted by the project land use requirements including relocation, resettlement and compensation, land impacts or damages. Each recipient of compensation will have a record containing individual bio-data, number of household dependents and amount of land available to the individual or household when the report is opened. Additional information to be acquired for individuals eligible for resettlement and/or compensation include the level of income and of production, inventory of material assets and improvements in land and debts. 7.2.4 Annual Audit The annual audit of RPF implementation will include (i) a summary of the performance of each sub-project vis-à- vis its RAP, (ii) a summary of compliance and progress in implementation of the process s and (iii) a presentation of compliance and progress in the implementation of the RPF. The audit will verify results of internal monitoring and assess whether resettlement objectives have been met irrespective of whether livelihood and living standards have been restored or enhanced. The audit will also assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation. Finally, the audit will ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions. Annual audit reports will be submitted for scrutiny to the World Bank. 53| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 7.2.5 Socio-economic monitoring The purpose of socio-economic monitoring is to ensure that PAPs are compensated and recovering on time. During implementation of each subproject RAP, an assessment will be undertaken on payment of compensation, restoration of income delivery of resettlement objectives. Monitoring of living standards will continue following resettlement. A number of indicators will be used to determine the status of affected people and appropriate parameters and verifiable indicators will be used to Measure the resettlement and compensation plans performance. For each sub-project with adverse social impacts, a monitoring and evaluation plan of the mitigation measures will be established. As part of the preparation of each RAP, a household survey will be conducted of all PAPs, prior to physical or economic displacement, and this will provide baseline data against which to monitor the performance of the RAP. 7.3 Estimated budget for RPF implementation The cost of implementing the SP-IPF Resettlement Policy Framework has been kept to a minimal through using of already existing institutions and structures, plans and programs as well as manpower within and without the SP-IPF. The estimated total cost of the resettlement program for SP-IPF requiring land acquisition, is estimated at US$ 4,320,000. The cost breakdown is presented below. Because the exact unit prices, the number of people to be affected, and the scope of land acquisition are estimates, the exact figures will not be known until the RAPs are prepared. LODA will provide funds for RAP preparation and compensation using government budget. The costs outlined include those relating to preparation and implementation of each individual RAP, capacity building and technical assistance required to ensure that implementers of each RAP are fully able to do so. It should be noted that, it is not possible at this stage to estimate the exact number of people who may be affected since the activities to be implemented will be determined on a yearly basis, before each fiscal year, and hence the technical designs and details have not yet been developed. It is therefore not possible to provide an exact budget for the total cost of resettlement that may be associated with implementation of SP-IPF. Table 9: Estimated cost for RPF implementation Activity Unit Cost per Total Cost for 30 Basis of Estimates District per Districts and 4 year years ($ US) ($ US) RAP preparation for the 30 5,000 600,000 This estimation include cost for Census, districts public consultations and RAP report preparation all done by a hired consultant RAP implementation for 30 30,000 3,600,000 Estimate based on comparable projects districts approved by the World Bank, adjusted to cover inflation. Cost per Sub-project will depend on the number of households affected, houses and other structures and other assets (trees, crops, etc) Capacity building for 1,000 120,000 Based on comparable projects approved by Resettlement committees the World Bank Provision of technical Assumes assistance will be provided by 54| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 assistance Project at no additional cost. Total 4,320,000 7.4 Capacity assessment and capacity building need The IPF nature of the project will require LODA to hire within its SPIU, a team of staff to manage exclusively the project implementation. The team will include the Project Manager who will oversee the project as a whole and ensure the administrative functions are done in a timely and effective way. Within the current LODA team, there are no staff with experience to manage social safeguards implementation for World Bank funded projects. The project team to be hired, will include an Environmental Safeguards Specialist and a Social Safeguards Specialist. At the local level, the project activities will be implemented through the District level under MoUs between MINALOC and the participating District, in accordance with the national decentralization policies. The Districts have already an environmental person, land administration offices and in charge of social affairs and this team will be trained and coordinated environmental and Social safeguards issues at district level. Before the effectiveness of the SP-IPF, LODA will organize training for its safeguards staff, and those from Districts, on social safeguards implementation according to Government and World Bank guidelines. Capacity building will also be conducted for compensation committees after their set up. This capacity building will be done periodically throughout the project period. 7.5 Disclosure of Social Safeguards Instruments LODA will disclose this Resettlement Policy Framework by making copies available at its head office and Districts will disclose them at District level. Copies will be made for easy consultations every time it is needed. The RPF will be disclosed at LODA and Districts websites. The Government of Rwanda will authorize the World Bank to disclose this RPF electronically through its Info Shop. Likewise, all RAPs to be prepared under SP-IPF, will be disclosed by LODA at the national level, and Districts at District level the same way as RPF. The Government of Rwanda will also authorize the World Bank to disclose the RAPs electronically through its InfoShop. 55| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 REFERENCES 1. GoR, 2004. Rwanda National Land Policy. Ministry of Lands, Environment, Forests, Water and Mines. 2. GoR, 2008. Resettlement Policy Framework. Second Rural Sector Support Project. 3. GoR, 2010. Resettlement Policy Framework. Land husbandry, Water harvesting and Hill sides irrigation. 4. GoR, 2011. Resettlement Policy Framework and Process Framework for LVEMP II. 5. GOR, 2012. Resettlement Policy Policy Framework, the Third Rural Sector Support Project. 6. GoR, 2010.Organic Law No.17/2010 of 12/05/2010 establishing and organizing the real property valuation profession in Rwanda. 7. Primature, 2015. Law No. 32/2015 of 11/06/2015 Relating to Expropriation in the Public Interest, 56| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ANNEXES ANNEXE 1: RESETTLEMENT INSTRUMENTS This annex describes the elements of a Resettlement Action Plan and an abbreviated resettlement plan as discussed in OP 4.12, paras. 17-31. Resettlement Action Plan The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan. Description of the sub- project. General description of the project and identification of the project area. Include location maps and plans as applicable. Potential impacts. Identification of (a) The project component or activities that give rise to resettlement (include plans/maps that clearly indicate the impact areas); (b) The zone of impact of such component or activities; (c) The alternatives considered to avoid or minimize resettlement; and (d) The mechanisms established to minimize resettlement, to the extent possible, during project implementation. Objectives. The main objectives of the resettlement program. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including (a) The results of a census survey covering (i) Current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (ii) Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; (iii) The magnitude of the expected loss—total or partial—of assets, and the extent of displacement, physical or economic; 57| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 (iv) Information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom special provisions may have to be made; and (v) Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement. (b) Other studies describing the following (i) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; (ii) The patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; (iii) Public infrastructure and social services that will be affected; and (iv) Social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 7. Legal framework. The findings of an analysis of the legal framework, covering (a) The scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; (b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that may be relevant to resettlement under the project; (c) Relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights; customary personal law related to displacement; and environmental laws and social welfare legislation; (d) Laws and regulations relating to the agencies responsible for implementing resettlement activities; 58| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 (e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank’s resettlement policy, and the mechanisms to bridge such gaps; and (f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land —including claims that derive from customary law and traditional usage (see OP 4.12, para.15 (b)). 8. Institutional Framework. The findings of an analysis of the institutional framework covering: (a) The identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; (b) An assessment of the institutional capacity of such agencies and NGOs; and (c) Any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. 9. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 10. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets.1 11. Resettlement measures. A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy (see OP 4.12, para. 6). In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them. 12. Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected, covering: (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (b) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (c) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and (d) Legal arrangements for regularizing tenure and transferring titles to resettlers. 13. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers’ provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); 2 59| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 14. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement3 and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 15. Community participation. Involvement of resettlers and host communities,4 including: (a) A description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities; (b) A summary of the views expressed and how these views were taken into account in preparing the resettlement plan; (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and (d) Institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 16. Integration with host populations. Measures to mitigate the impact of resettlement on any host communities, including: (a) Consultations with host communities and local governments; (b) Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers; (c) Arrangements for addressing any conflict that may arise between resettlers and host communities; and (d) Any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. 60| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 17. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 18. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies’ capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. 19. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 20. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 21. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. Abbreviated Resettlement Plan 22. An abbreviated plan covers the following minimum elements: (a) A census survey of displaced persons and valuation of assets; (b) Description of compensation and other resettlement assistance to be provided; (c)Consultations with displaced people about acceptable alternatives; (d) institutional responsibility for implementation and procedures for grievance redress; (e) Arrangements for monitoring and implementation; and (f) A timetable and budget. 61| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ANNEXE 2: RESETTLEMENT SCREENING FORM Sub-project name Subproject Location include map/sketch (e.g. District, Sector, Cell etc) Type of activity (e.g. new construction, rehabilitation, periodic maintenance) Estimated Cost (Rwandan Francs) Proposed date of Commencement of Work Technical Drawing/ Specifications Renewed Yes No (circle answer) This report is to be kept short and concise. 1. Site Selection When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse environmental and social effects, and that more substantial environmental and/or social planning may be required to adequately avoid, mitigate or manage potential effects. Issues Site Sensitivity Rating Low Medium High Involuntary Low population Medium population High population density; resettlement density; dispersed density; mixed major towns and villages; low population; legal ownership and land income families and/or illegal tenure is well tenure ownership of land; communal defined. properties. 2. Checklist questions: Physical data Yes/No answers and bullet lists preferred except where descriptive detail is essential. Site area in ha Extension of or changes to existing alignment Any existing property to transfer to sub-project Any plans for new construction Refer to project application for this information. Land and resettlement Yes/No answers and bullet lists preferred except where descriptive detail is essential. Will the subproject involve loss of land and other resources? Will the project result into temporary or permanent loss of crops, household infrastructure like shelter, granaries or latrines? What is the likelihood of land purchase for the subproject? How will the proponent go about land purchase? What level or type of compensation is planned? Who will monitor actual payments? 62| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Refer to the SP-IPF Resettlement Policy Framework Actions List outstanding actions to be cleared before sub- project appraisal. Approval/rejection Yes/No answers and bullet lists preferred except where descriptive detail is essential. Recommendations Requires a RAP to be submitted on date:_____________________ Does not require further studies Reviewer: Name: Signature: Date: 63| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ANNEXE 3: SOCIO ECONOMIC AND LAND ASSET INVENTORY FORMS 1. Socio-economic Household Datasheet of PAPs Name of interviewer signature ID Code Name of supervisor (after verification of interview) ID Code Cell Name Number of Concession in Village (GPS Coordinates) Date: Day Month Year Name of Head of Extended Family Number of Nuclear Families in Extended Residential Group (including household of head of extended family) Name Relationsh Sex Place Ag Marital Residen Religi Educatio Income Economi ip to head of e Status ce on n Level Earner c of family birth Tenure activities M F Ye No Pri se s ma co ry nd ary 1. 2. 3. 4. 5. 6. 7. Relation to Head of Family 1 HOH; 2 Spouse of Hoh; 3 Child of HoH; 4 Spouse of child of HoH; 5 Grandchild of HoH; 6 Parent of HoH; 9 Other (specify); 0 No answer Marital Status 1 Married 2 Widowed; 3 Divorced; 4 Unmarried; 0 No answer Residential status 1PRP (Permanent Resident) 2 RA (Resident Absent) 3 Member of non-resident HH; 4 Visitor; 9 other (specify); 0 No answer Occupations Principle Occupation 1 Farmer 2 Shepherd; 3 household; 4 Merchant; 5 Religious leader; 6 Artisan; 7 Transport; 8 UnemDPCOyed; 9 Other (specify); 0 No answer Secondary Occupations 64| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Educational Level 1 Illiterate; 2 Three years or less; 3 Primary School; 4 Secondary school ; 5 Technical School; 6 Religious School; 0 No Answer Religion 1 Christian (Specify denomination); 2 Muslim; 9 Other (specify); 0 No Answer 65| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 2. Land asset inventory for Project Affected People Village; Date; Cell; Survey Name Identity No of Total land Land to be Land Loss Loss of assets Loss of crops Loss of Other No. of HH card persons in holding of acquired(m2) use of % other losses Head number Household Household(m2) Type* total assets Structures Fruit trees lost e.g. Residence permanent(m2); type and graveyards, rented; Structures number; wells Business temporary Agricultural etc(type & lost; land lost(m2) no) Income Other(specify) loss *Land types are as follows (please fill in the types of land for Rwanda) 1. 2. 3. 66| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 3. Entitlements of Project Affected People Sector date Cell Survey Name of Identity card Compensation for Compensation for Compensation for Compensation for other Total (FRW) No. Head of number Land Structures crops and trees assets and losses( e.g. Household graveyards, wells, businesses, etc)   Quantity(m2)  Quantity(m2)  Quantity Unit  Quantity Unit  Unit Price(FRW)  Unit Price(FRW)  Unit Price(FRW)  Unit Price(FRW) per m2 per m2  Entitlement  Entitlement (FRW)  Entitlement  Entitlement (FRW) (FRW) (FRW)           67| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ANNEXE 4: SAMPLE GRIEVANCE REDRESS FORM Grievance 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 DETAILS OF GRIEVANCE 1.Access to land and 2.Damage to 3.Damage to Infrastructure 4.Decrease or Loss 5.Traffic Resources or Community Assets of Livelihood accident Fishing grounds  House  Road  Agriculture  Injury  Lands  Land  Bridge/ Passageways  Animal husbandry  Damage  Pasture lands  Latrines  Power  Beekeeping to  House  Livestock  Water sources, canals  Small scale trade property  Water  Means of and water infrastructure  Other  Damage  Latrines livelihood for irrigation and animals to  Commercial site  Water  Drinking water livestock  Other  Road access  Other  Other  Other 6.Incidents 7.Legacy issue 8.EmDPCOyment and 9.Construction 10.Other Regarding (specify) recruitment (Specify) Camp and (specify) Expropriation and Community Compensation and Relations resettlement process  Nuisance from (Specify) dust  Nuisance from noise  Vibrations due to exDPCOsions  Misconduct of the project personal/worker  Complaint follow 68| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 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:……………………………………………… 69| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Annex 5: CONSULTATIONS WITH STAKEHOLDERS Two different categories of feasibility studies for public works are normally prepared depending on the size of planned public works. These include the Full and simplified feasibility studies. These studies are prepared by Districts through consultancy services, but are reviewed by LODA before they are approved. These studies cover both Social and Environmental aspects. Before such feasibility studies are prepared, LODA consults with MINICOFIN during the planning process to understand how much funding can be availed for VUP projects. Then LODA works with Districts in guiding them on how to prepare the Project Profile Documents and reviews them before submitting the final documents of approved projects to MINECOFIN. The projects are prepared by Districts after consultations have been made with the population in their villages. Once, projects submitted by Districts are approved; LODA works with the Districts to ensure people that will be affected by works will receive fair and just compensation. Consultations with MINAGRI stakeholders focussed on the process of safeguards implementations during roads rehabilitation works, land terracing and marshlands rehabilitation. From the consultations, it was understood that among the three land terracing does not require permanent land taking. After the works, the land owner gets back the land and MINAGRI ensures that the land owners are first to be employed during terracing works to ensure they recover income lost during the agriculture season when terracing works are being implemented. For the marshlands and feeder roads, where land is permanently acquired the affected people are compensated with another land in a different location. All these projects consulted are funded by the World Bank. Cash compensation for full replacement value will be considered only if the affected land is less than 20% of the total land. No Names Institution Telephone 1 GATSINZI Justine LODA - Division Manager, Social Protection 0788307442 2 KALIGIRWA Ernestine LODA 0788536436 3 AYEBARE Crispus LODA 0788772890 4 MACUMI Jean de Dieu LODA 0788454198 5 COANTIC Antonin LODA - Consultant 0784873229 6. NYAMIHANA Camille MINALOC 0788435066 7 BARRETT Stephen LODA - CPDF 0782306689 8 KETTLEWELL Andrew LODA - CPDF 0789662048 9 KABERA Juliet REMA 0788514577 10 MUKARANGE Jean RLMUA 0788498927 Baptiste 11 RUZIBIZA Emile MINAGRI – FEEDER ROADS PROGRAM 0788522355 12 NKEZABO Jean Pierre MINAGRI – FEEDER ROADS PROGRAM 0788738411 13 INGABIRE Aurore MINAGRI – LAND HUSBANDRY WATER 0788861583 Regine HARVESTING AND HILLSIDE IRRIGATION PROJECT 14 AMAHE Arthur NYARUGURU DISTRICT – DIRECTOR 0788706496 SOCIAL DEVELOPMENT UNIT 70| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 15 ABURORABO NYARUGURU DISTRICT – ONE STOP 0783041384 Vedaste CENTER 16 HABIMANA Vedaste NYARUGURU DISTRICT, CYAHINDA 0727180578 SECTOR EXECUTIVE SECRETARY 17 NYANDWI Vital NYARUGURU DISTRICT, CYAHINDA 0788425029 SECTOR AGRONOMIST 18 MUKAYIBANDA MUHANGA DISTRICT - DIRECTOR SOCIAL 0788558141 Prisca DEVELOPMENT UNIT 19 BIZIMANA Eric MUHANGA – Director of Planning Unit 0788858152 20 NGUMYEMBAREBE MUHANGA – Director of Agriculture 0788584071 Thacien 21 RURANGWA Laurent MUHANGA, MUHANGA SECTOR EXECUTIVE 0783163928 SECRETARY 71| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ANNEX 6: PUBLIC CONSULTATIONS GUIDING QUESTIONS DURING RPF PREPARATION 9.1 Guiding questions during public/community consultations General Information District: ………………………………… Sector:………………………………………… Cell:………………………………….. Village: ……………………………………………. Religious Group: …………………………………………………………………………. Social Group/categories: ……………………………………………………………. Categories of PAPs: titleholders, tenants,… Nationality…………………………………………………………………………………. Size of families………………………………………………………………………….. Occupation……………………………………………………………………………….. Source of income (and average income)…………………………………… Frequent expenditures……………………………………………………………… Awareness of the project/program Awareness of the project and source of information Are they consulted when doing site selection? How people were they selected (labor)? How did you get the information? Are the most vulnerable, like elderlies or disabled also considered? What do they do if hired? Comparison of their livelihoods before and after in their own views What was the done well, what was the best achievement? What could be done well? Information on affected property Potential affected assets:………………………………………………………………. Compensation preferences: (in kind or financial compensation; eg: land for land; house for a house in a resettlement site, etc) Preferences of relocation distance, in case of physical resettlement Factors to be considered during relocation: access to family/friends, source of income, etc 72| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 9.2 Guiding questions during consultations with District and Sectors representatives General Information District: ………………………………… ………………………………………………… Social Group/categories (statistics): …………………………………………… Size of families………………………………………………………………………….. Occupation……………………………………………………………………………….. Sites selection for Social Protection Activities How sites are selected? What is the process? Monitoring and reporting of social protection activities Once projects have started, how is the monitoring done? How do you report (different levels up to LODA) Awareness of the project/program Awareness of the project and source of information Expectations How people were they selected (labor)? How did you get the information? Are the most vulnerable, like old people or disabled also considered? What do they do if hired? Comparison of their livelihoods before and after in their own views What was the done well, what was the best achievement? What could be done well? Implementation of Environmental and Social Safeguards Institutional framework for the implementation of safeguards for Social Protection activities Procedure for Preparation of safeguards documents (if any) Implementation and monitoring of safeguards recommendations by the guiding documents How do you plan for compensation? How do you prepare it? When do you compensate? What happens if there is no enough money for compensation? Safeguards Budgeting and Budget execution Reporting system 9.3 Guiding questions during consultations with LODA management and specialists Sites selection for Social Protection Activities Preparation and approval of projects What kind of projects are eligible? Monitoring and reporting of social protection activities Monitoring of ongoing projects, reporting system from Districts. Social Protection Investment Project Financing Operation Description of proposed activities Institutional Arrangements for the proposed project Implementation of Environmental and Social Safeguards Institutional framework for the implementation of safeguards for Social Protection activities 73| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 Procedure for Preparation of safeguards documents (if any) and role of LODA Implementation and monitoring of safeguards recommendations by the guiding documents Is there any guidance given to Districts in management of compensation process Is there any monitoring system to ensure the right people are hired? Safeguards Budgeting and Budget execution Reporting system 9.4 Guiding questions for consultations with MINALOC Environmentalist, RLMUA and REMA Implementation of Environmental and Social Safeguards Linkages with Districts Institutional framework for the implementation of safeguards for Social Protection activities Procedure for Preparation of safeguards documents (if any) Implementation and monitoring of safeguards recommendations by the guiding documents Safeguards Budgeting and Budget execution Reporting system 9.5: Guiding questions for consultation with MINAGRI Feeder Roads and Land Husbandry safeguards team Implementation of Environmental and Social Safeguards Institutional framework for the implementation of safeguards for activities Procedure for Preparation of safeguards documents (if any) Implementation and monitoring of safeguards recommendations by the guiding documents Safeguards Budgeting and Budget execution Reporting system Information on affected property Frequently affected assets for terracing and feeder roads projects:……………………………………………. Compensation preferences by projects affected people: (in kind or financial compensation; eg: land for land; house for a house in a resettlement site, etc) Preferences of relocation distance, in case of physical resettlement Factors to be considered during relocation: access to family/friends, source of income, etc 74| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ANNEX 7: MINUTES OF CONSULTATION MEETINGS Minutes for the consultation meetings done on VUP works in Nyaruguru District – 17 & 18 July 2017 The Director of social development unit in Nyaruguru District Mr Amahe Arthur in the meeting that we had with him shared with us how the community is aware of the project even before its implementation. Communities suggest project sites. This was confirmed by the communities. Communities were also able to share how the site selection is done, they said it is during the community general assembly/meetings that they come up with a list of Projects or areas in their sector that they would want to improve. At the same time it helps to change their livelihood for the better. Projects are often either rehabilitating a road, rehabilitating a marshland or construct a school. They submit their proposal to the cell leader, the cell approves it then it goes to the sector the sector shares in with the District, and it is that the District works with LODA to agree on which one to finance depending on the budget available. Mr Macumi Jean de Dieu, LODA staff in charge of Labor intensive public works specialist (LIPW) also explained that LODA guides the District on preparing on the labor intensive Project Profile Document and reviews the document before submitting it to MINICOFIN. After confirming which projects will be done, it is upon the District to communicate to the community again informing them which Project is going to be done and reasons why it was selected. The community in Nyaruguru shared how the labor selection list is done, during their general assembly a targeting list is done with all the households in VUP category one, a list per village is prepared and the whole community during their meeting they agree on the lists provided. The executive sector leader of Cyahinda sector explained to us that the Labor intensive public work officer and the District department of VUP and M&E work closely with the village leaders, sector officials and cell officials to monitor the activity of selecting the eligible beneficiaries. He added on that the category one households are eligible for the public works. We asked the Executive secretary of cyahinda sector how the vulnerable people in his sector are involved in these public works activities. He said the elderly and the disabled ones will be hired to work in the tree nurseries to prepare the trees that will be planted alongside the rehabilitated road. The vulnerable people together with other people in public works are all into savings groups this helps them save more and be able to take care of all their basic needs. When the community was consulted about the involvement of the vulnerable people and they all told us that most of them, those willing to work are hired in the nurseries owned by the cells. The vulnerable people are also part of different cooperatives mainly agriculture cooperatives. The Director of Social development unit shared with us how the community’s livelihood in Cyahinda sector has changed compared to before. He said people can now afford to pay for their health insurance, new bank accounts were open, and the community is now into doing savings, put their children in school in general afford all the basic needs. Community members shared how they were involved in the public works and what their achievements were: - One of the community members told us that he was able to do savings and built a house for herself and her family. - People bought livestock like cows, pigs, goats e.t.c out of their savings - People were able to pay for their health insurance - They were able to put their kids in school. 75| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 The Executive secretary of Cyahinda Sector explained how expropriation and compensation is done right before the Project works get started. The engineers of one stop centre and the District land valuer are in charge of expropriating all the affected assets and make sure they are compensated for. The beneficiaries said during their general assemblies, a cut-off date is set and they are all aware of the dates and therefore they are not allowed to plant anything after that date, if they do then they all know it will not be compensated for. All this is communicated to them before the Project works. The executive secretary of Cyahinda sector Mr Habimana Vedaste said there is a team that is selected to do the monitoring of all the activities that are going on during the public works, this team is made of a community representative per village, a site supervisor and the engineer from one stop center The Executive secretary of Cyahinda sector said these public works being done have managed to get the community out of the extreme poverty that they were in, you can tell there has been a great positive impact in the community’s livelihood. Roads were rehabilitated hence improvement on the transport facilities. Terraces were constructed in different areas of the District, this helped in fighting against soil erosion and farmers were now able to grow crops without any erosion interference. What could be improved: The Director of Social Development Unit in Nyaruguru District said the budget for public works is not enough, not all the projects they submit to MINICOFIN are financed, out of 10 proposed projects only four go through yet there is need for all the submitted projects to be covered. Minutes for the consultation meetings done on VUP works in Muhanga District – 19 July 2017 The Director of social development unit in Muhanga District Madam Prisca Mukayibanda explained to us that all the Project being done under public works, are projects that the community themselves came up with. The roads that were rehabilitated were roads selected by the community during their general Assembly meetings. During the site visits on the road that was done by the community (kabeza-Ecole primary- Adepr-Nyiraruli- Kumusalaba 12km) we met some of the community, and they shared with us how they are the ones that do the site or Project selection and how informed they are on each activity that is going to be done. The community also told us how close they work with the District, the community said incasethey said when there any changes the District of Muhanga calls for a meeting and informs them on what has changed and what has been selected and why. Site selection The Director of planning Mr Eric Bizimana told us that the community together with the sector officials sit together and come up with a list of sites that should be done, once they all agree on this list then they submit it to the District for its review. Once the Projects are approved the District communicated to the community on what Projects are going to be done. Labor The community in Muhanga sector when asked about labour selection, they explained to how the selection is done, all the people in category one are given the first priority to do the public works, during the general assembly meetings the list is done of all the people to work and the community agrees on the list and it is then submitted to the District. Vulnerable people (elderly and disabled) The District of Muhanga has a program for the vulnerable people, they are put into cooperatives where they do some activities that help them earn an income and be able to take care of their basic needs and they are also encouraged to do some savings. Community’s livelihood after being involved in public works. The Director of Social development unit shared with us how the livelihood of the community in category 1 has changed so much, she said the people can now afford to pay for their family health insurance, their children are all in school, each home has a kitchen garden and at least they can now afford to buy small livestock 76| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 When we discussed with the community and asked them to share with us what they benefitted from the Project after working for 6 months. Below are some quotes from the community members on the achievements they were able to achieve from the public works activities they achieved: - I was able to pay for my health insurance. - I got 3 goats out of the savings I did with the money I got from public works. - I was able to put electricity in my house and renovate my home. - I can now afford to put my children in school. Compensation The Executive secretary of Muhanga sector together with the community that worked on the roads that compensation of affected assets was done way before the Project works started. The people who were claiming to having not been compensated for their affected assets, the District land valuer would follow up and make sure they are fully compensated by the District. Those with seasonal crops they were given enough time to harvest their crops before the works could get started. Monitoring of Project works. The Director in charge of Planning at Muhanga District, told us the District M&E team is in charge of monitoring all the Public works project during and after works, they prepare a Project profile Document which works as their guideline to monitor all the Project activities. Project achievement. The Executive secretary of Muhanga sector explained to us how the Project was of great impact to the community in general and to the District and sector, he said the transport means were improved, the community can now easily transport their harvest to the markets for sell, the community has easy access to the health centres and to schools, The people’s livelihood has changed compared to before. The Public works Project led to a greater change in development in their sector. 77| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 78| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 ATTENDANCE LISTS - CONSULTATION MEETINGS 79| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 80| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 81| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 82| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 83| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646 84| Resettlement Policy Framework for the Social Protection Investment Project Financing Operation - P162646