REPUBLIC OF RWANDA MINISTRY OF EDUCATION P.O. Box 622 KIGALI FINAL REPORT RESETTLMENT POLICY FRAMEWORK FOR QUALITY BASIC EDUCATION FOR HUMAN CAPITAL DEVELOPMENT PROJECT May 2019 0. EXECUTIVE SUMMARY Introduction Developing a highly skilled and globally competitive labour force is central in enabling Rwanda to achieve its socioeconomic transformation agenda and harness the Demographic Dividend. To this effect, one of the objectives of the First National Transformation Strategy (NST1) is to improve the quality and relevance of education at all levels (pre-primary education, primary education, lower and upper secondary school, and technical training, TVET, Higher Institutions of Learning (HILs). To achieve the above objective, the Government of Rwanda with the support form World Bank is designing a Quality Basic Education for Human Capital Development Project. The Project objective is to improve the students learning and progression in basic education. Project description The proposed Project will be implemented in all 30 has three components:(i) Improving readiness to learn, progression and completion, (ii) Strengthening teaching and learning of foundational English, Math and Science and, (iii) Strengthening policy and institutional capacity to deliver results. The First component aims at improving school readiness and foundational literacy and numeracy skills in Rwanda through the creation and provision of teaching and learning programs and materials for preschool and early primary children in the country. Further, this component aims at reducing overcrowding and double-shifting at the primary level through school construction program. It is expected that approximately 5,000 furnished classrooms and 7,500 latrines will be financed in schools offering primary education and this improve learning conditions for 230,000 pupils. Further news schools with around 2,000 rooms will be constructed and the project will support school feeding program by construction of kitchens in 382 primary schools. The second component will focus on Literacy of Teachers through e-learning, supporting teaching and learning in mathematics and science by scaling up best practices and, strengthening the preparation of pre-primary and primary teachers in teachers training colleges and, development of 30 demonstration schools to support teachers’ professional development. The third Component will focus on strengthening education quality assurance system and supporting implementation capacity development and project management. Rationale of Resettlement Policy Framework The construction of new schools, additional classrooms, latrines and kitchens requires sites for construction and hence land acquisition. Therefore, per as World Bank Environmental and Social Framework (ESF) a Resettlement instrument is required. Applicable Environmental and Social standards to the proposed project include (i) ESS1: Assessment and management of environmental and Social risks and Impacts; (ii) ESS2: Labour and Working Conditions; (iii) ESS4: Community health and safety; (iv) ESS5: Land Acquisition, Restriction on Land Use and Involuntary Resettlement; and ESS10: Stakeholder engagement and information disclosure. 1|Page The World Bank ESS5, requires Borrowers to:(i) Avoid or minimize involuntary resettlement by exploring project design alternatives, (ii)Avoid forced eviction, (iii) Mitigate unavoidable adverse impacts from land acquisition or restrictions on land use through timely compensation for loss of assets at replacement cost and assisting displaced persons in their efforts to improve, or at least. Given that the specific construction sites and details on final project design are not yet confirmed, a Resettlement Policy Framework (RPF) is appropriate instrument to provide principles, organizational arrangements and funding mechanisms for any displacement and resettlements that may be necessary during implementation of proposed project. The RPF provides the basis for preparing resettlement instruments for individual sub-projects once their location and scope are known and land requirement is confirmed. Legal and institutional 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 the law no 48/2018 of 13/08/2018 on environment are key legal instruments that govern land acquisition in Rwanda and applicable to this project. Further the project, will comply with World Bank Environmental and Social framework especially ESS5 that establish procedures and principles for land acquisition, destruction to land use and involuntary resettlement. The main executing and accountable agency at national level for the implantation of proposed project and associated resettlement instruments is Ministry of Education 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 through one stop center and land officers at sector level. Other stakeholders include Rwanda Education Board (REB), Ministry of Local Government (MINALOC), Ministry of Environment(MoE), Rwanda Environmental Management Authority(REMA) and Rwanda Land Management and Use Authority(RLMUA). Anticipated Resettlement Impacts The field work which covered 120 schools and information collected at district level with school’ s construction engineer on 799 schools revealed that about 90% of schools that need additional Class rooms, latrines and kitchens has land for classrooms construction. However, new schools with approximately 2,000 rooms require the acquisition of land for construction while 79 existing schools need additional land for classrooms, latrines kitchen construction. The required land is to be acquired through land compensation or land donation. Further, in schools visited the consultant noted that local community has encroached to the school land and planted crops and trees. During construction, these trees and crops will be affected and need compensation. In all 799 schools assessed none of them will required physical resettlement of households and the Physical resettlement is expected only for new schools but the site selection and school design will consider avoiding populated area and relocation of households as much as possible however when there no alternative site adequate compensation and livelihood measures will be provided to affected households. 2|Page In some cases, like in Rubavu some school lands were encroached or ranted by local community who planted crops, tress or established some structures and this need proper consideration during project implementation and people who have properties on school’s lands will be compensated for their properties. In other cases, like in Muhanga, the consultant was informed that some schools have free land far from the existing school premises boundaries and they are considering negotiating land exchange with local community. Other social impacts related to the project may include HIV/AIDS escalation, conflict with local communities, Sexual Abuse and Exploitation (SEA), Child labour and gender based Violence, free labour (the unconventional approach of classroom construction to be used under this project requires to be voluntary, free of coercion) etc. Mitigations measures Provisions are made under this RPF to minimize all such impacts including those of socio- economic significance. Provisions are also made in this RPF to accommodate all potential situations, including cases that entail actual displacement and livelihood restoration assistance in accordance with the World Bank ESS5. The potential social impacts to be addressed within the context of preparing this Resettlement Framework have been identified. It is expected that site specific social assessment studies will be carried out within specific sites, as and when required. Further, the site selection and design should consider mitigation hierarchy: Avoid- Minimise-Compensate. The framework for the compensation/ resettlement will then be applied incorporating specific (1) institutional arrangements, (2) resettlement/compensation eligibility criteria, (3) implementation procedures, (4) financial responsibilities, and (5) monitoring and evaluation plan. 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 ESS5 requirements are met for valuation, these valuation methods are to be adopted for all sub-projects requiring expropriation especially where new schools are to be constructed. This will include a screening process, a socioeconomic census and asset inventory of the area and identification of Project Affected Persons (PAPs). Where land is donated, land donation procedures should be followed and documented appropriately. All resettlement instruments developed under the project will be shared with World Bank for review and clearance. Subprojects Screening The land requirement assessment shows that land acquisition is needed for the construction of new schools, additional classrooms, latrines and kitchens on existing schools and this might have a social impact on the community. Potential socio-economic impacts that will require mitigation measures, resettlement and compensation will have to be identified. All schools will be screened to know whether involuntary resettlement, land acquisition, or loss, denial or restriction of access to land and other economic resources will be caused by the implementation 3|Page of the construction activities. Further, the screening process will determine wither the construction will result in the permanent or temporary loss of crops, fruits and household infrastructures such as outside toilets, kitchens, and other structures. Preparation of RAPs This RPF provides guidance on the preparation of Specific Resettlement Plans when all project details are known and affected people identified. Physical relocation is anticipated only for the construction of new schools (2,000 rooms) and additional land will be required in around 10 % of schools that need additional classrooms, latrines and construction of kitchens. For this reason, a detail Resettlement Plan is recommended per district. Alternatively, abbreviated Resettlement plan per site would be adequate if school identification and construction are in different pace in district. The Resettlement Plan will define actions to be taken to properly resettle and compensate affected people and communities when identified. Stakeholder consultation and participation Public consultations in relation to the resettlement plans will occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach is to be adopted as an on-going strategy throughout the entire project cycle starting with the Resettlement Plan preparation. As part of the preparation of this RPF several stakeholders were consulted to obtain an informed view of the land acquisition processes and current land acquisition challenges, institutional capacities to hand land acquisition in their respective districts, to solicit their suggestions and recommendations on how to handle land acquisition issues that may arise during the implementation of the project. Key outcome or issues raised during the initial consultation include the capacity building especially in WB environmental and Social standards standard, the non-involvement of districts in selection of schools to be covered under the project, non-selection of most of public aided schools which have a big number of pupils, construction of girls rooms, encroachment of schools lands by local communities who may claims for compensation; decision are made at Ministry level and district and School management are not fully involved in project preparation and implementation, schools who has rented land to local community and it’s likely tha t the project implementation may start before people harvest their crops, extension of schools that may be done on playing grounds and delays in compensation of affected properties. Grievance Redress Mechanism This RPF has an inbuilt grievance procedure that will be used to address grievances that arise during Resettlement 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 office and resolved in coordination with the District Land Office and project Coordination. Monitoring and evaluation aspects The monitoring and evaluation will be the main mechanism of measuring and reporting progress of compliance and to alert the project management of any delays and problems and these activities will help to measure the extent to which the main objectives of proposed project have 4|Page been achieved. To ensure that the implementation of resettlement is undertaken in line with this RPF, the activities will be monitored and evaluated internally by a Monitoring and Evaluation team at MINEDUC at the national level and on ground at the District level. The PIU will undertake the routine internal monitoring and evaluation of the implementation of the resettlement issues so as to ensure that all the responsible units follow the schedule and comply with the principles of the resettlement plan. A number of indicators shall be used to monitor the impacts of the assets loss and resettlement activities and the subproject implementation in general. Capacity building and training In terms of staffing, MINEDUC should hire a social safeguards expert within its SPIU, before effectiveness of this project to supervise and monitor the preparation and implantation of resettlement plan. At the local level, all issues related to land acquisition are managed through district one stop centre and the current staff in the centre are sufficient to manage resettlement issue if well trained. However, the ministry of education will have to provide them with trainings but also involve them from the beginning. Core team to be involved in project implementation and to be provided will training include the District environmental officer, land administration and valuation officers, District Education officer and in charge of social affairs as well as land officer at sector level. Further, before the effectiveness of the project, MINEDUC should organize training for its safeguards staff, and those from Districts, on social safeguards implementation according to Government and World Bank standards. Capacity building will also be conducted for compensation committees after their set up. This capacity building will be done periodically throughout the project period. Budget At this stage, it is not easy to clearly estimate the likely number of people who may be affected. This is because the technical designs and details have not yet been developed and the land needs have not yet been fully identified. However, in consideration of the number of schools that need additional land for extension/construction across the country, Preparation of specific resettlement instrument where applicable and implementation and Monitoring of these instrument as well as training and capacity building the budget for resettlement can be estimated one million fifteen thousand US$ (1,015,000). The final budget will be calculated during the preparation of resettlement instruments and the government will fund the budget. Public disclosure of resettlement instruments This RPF and Associated resettlement plans, when available, will be disclosed in compliance with relevant Rwandan regulations and The World Bank ESS5. The documents will be disclosed in-country, available to any interested persons through the media, at information offices of the participating districts, at MINEDUC website and at the World Bank Info shop and the date for disclosure must precede the date for appraisal of the project. 5|Page TABLE OF CONTENTS 0. EXECUTIVE SUMMARY ..............................................................................................................................1 LIST OF TABLES ..................................................................................................................................................9 LIST OF ANNEXES...............................................................................................................................................9 DEFINITION OF TERMS .....................................................................................................................................10 ABBREVIATIONS AND ACRONYMS ................................................................................................................12 I. INTRODUCTION AND PROJECT DESCRIPTION ....................................................................................13 1.1. PROJECT CONTEXT .................................................................................................................... 13 1.2. DESCRIPTION AND SCOPE OF THE PROJECT ................................................................................ 14 1.2.1. Component 1: Improving readiness to learn, progression and completion .......................................14 1.2.2. Component 2: Strengthening teaching and learning of foundational English, Math and Science ....15 1.2.3. Strengthening Policy and Institutional Capacity to deliver Results....................................................15 1.3. RATIONALE FOR THE USE OF RPF ............................................................................................... 15 1.4. APPROACH AND METHODOLOGY USED IN RPF PREPARATION ....................................................... 16 1.4.1. Literature Review ...............................................................................................................................16 1.4.2. Public consultation .............................................................................................................................16 1.4.3. Field work ...........................................................................................................................................17 II. PRINCIPLES AND OBJECTIVES OF RESETTLMENT POLICY FRAMEWORK ....................................18 2.1. OBJECTIVES OF RESETTLEMENT POLICY FRAMEWORK ................................................................ 18 2.2. PURPOSE OF THE RESETTLEMENT POLICY FRAMEWORK .............................................................. 18 III. LEGAL AND REGULATORY FRAMEWORK ...........................................................................................21 3.1. NATIONAL REQUIREMENTS FOR LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT.................. 21 3.1.1. National Land Policy ..........................................................................................................................21 3.1.2. Land Tenure System and Provisions in Rwanda ..............................................................................21 3.1.3. The National Gender Policy, 2010 .....................................................................................................21 3.1.4. Important National Resettlement Regulations ...................................................................................22 3.2. WORLD BANK ENVIRONMENTAL AND SOCIAL FRAMEWORK(ESF). ................................................ 24 3.2.1. Objective of ESS5 ..............................................................................................................................24 3.2.2. ESS5 Scope of application ................................................................................................................25 3.2.3. Key ESS5 requirements ....................................................................................................................25 3.3. COMPARATIVE ANALYSIS BETWEEN RWANDA LEGISLATIONS AND WORLD BANK ESS5 ................. 27 3.4. INSTITUTIONAL FRAMEWORK FOR LAND ADMINISTRATION AND ACQUISITION IN RWANDA ................ 33 IV. POTENTIAL IMPACTS AND PROJECT AFFECTED PERSONS ............................................................34 4.1. DEFINITION OF PROJECT AFFECTED PEOPLE (PAP) ..................................................................... 34 4.2. ANTICIPATED PROJECT IMPACTS ................................................................................................. 35 4.2.1. Project Activities requiring land acquisition .......................................................................................35 4.2.2. Project impacts ..................................................................................................................................35 4.2.3. Categories of PAPS ...........................................................................................................................36 4.3. APPROXIMATE NUMBER OF PAPS ............................................................................................... 38 V. PROCES FOR SCREENING, PREPARING AND APPROVING RESTTLEMENT PLANS......................39 5.1. PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS ............................................ 39 5.1.1. Screening Mechanism for Resettlement Plans..................................................................................39 5.1.2. Scope of Resettlement Plans ............................................................................................................40 5.1.3. Preliminary Assessments ..................................................................................................................40 5.1.4. Baseline and socio-economic data ....................................................................................................40 5.2. PREPARATION OF RESETTLEMENT PLANS AND APPROVAL PROCESS ............................................. 42 5.2.1. Process for identifying need for Resettlement Plan ..........................................................................42 5.2.2. Sub-Project Screening .......................................................................................................................42 5.2.3. Socio Economic Survey .....................................................................................................................42 5.2.4. Project Affected Person’s Census .....................................................................................................43 5.2.5. Preparation of asset inventory ...........................................................................................................43 5.3. PUBLIC CONSULTATIONS AND PARTICIPATION .............................................................................. 43 5.3.1. Consultation at inception phase ........................................................................................................44 5.3.2. Consultation at data collection and resettlement Preparation phase ...............................................44 6|Page 5.3.3. Consultation at implementation, monitoring and evaluation phases .................................................44 5.4. ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF PAPS .......................................................... 45 5.4.1.PRINCIPLES ...................................................................................................................... 45 5.4.2. Eligibility criteria for compensation ....................................................................................................45 5.4.3. Cut-off date ........................................................................................................................................50 5.5. ASSETS INVENTORY AND VALUATION METHODS............................................................................ 50 5.5.1. Valuation methods .............................................................................................................................50 5.5.2. Calculation of compensation by assets .............................................................................................51 5.5.3. Preparation of Asset Inventory and PAPs identification ....................................................................56 5.5.4. Forms of Compensation ....................................................................................................................58 5.5.5. Consultation and Participatory Approaches ......................................................................................58 5.5.6. Disclosure and notification .................................................................................................................58 5.5.7. Documentation and verification of land and other assets ..................................................................58 5.5.8. Individual / household compensation ................................................................................................59 5.5.9. Procedures for delivery of compensation ..........................................................................................59 5.6. VOLUNTARY LAND DONATION AND COMMERCIAL TRANSACTION .................................................... 59 5.6.1. Protocol for Voluntary Land Donation ................................................................................................60 5.6.2. Transferring and formalizing the land. ...............................................................................................60 5.6.3. Verification process (surveys) to identify land ownership and use. ...................................................61 5.6.4. Public consultations and disclosure ...................................................................................................61 5.6.5. Establishing informed consent ...........................................................................................................61 5.6.6. Proper documentation. ......................................................................................................................62 5.7. RESETTLEMENT PLAN GRIEVANCE REDRESS MECHANISM .......................................................... 63 5.7.1. Community expectations when grievances arise ..............................................................................63 5.7.2. Anticipated grievances during the implementation of proposed project ............................................64 5.7.3. Procedures and timeframe ................................................................................................................64 5.7.4. Grievance Prevention ........................................................................................................................64 5.7.5. Grievance redress process ................................................................................................................65 5.7.6. Mechanism of GRM for the Project ...................................................................................................66 5.7.7. Steps of the grievance process .........................................................................................................67 5.7.8. Grievance Log ...................................................................................................................................69 5.7.9. Monitoring Complaints .......................................................................................................................69 5.8. APPROVAL OF RESETTLEMENT PLANS ........................................................................................ 69 5.8.1. Organs determining projects of expropriation in the public interest ..................................................69 5.8.2. Organs supervising projects of expropriation in the public interest ...................................................69 5.8.3. Organs approving expropriation in the public interest .......................................................................70 5.8.4. Procedure for expropriation in the public interest ..............................................................................70 5.8.5. Resettlement Plan Implementing Agencies ......................................................................................70 VI. COMMUNITY ENGAGEMENT ...................................................................................................................72 6.1. PUBLIC CONSULTATION .............................................................................................................. 72 6.1.1. Overview ............................................................................................................................................72 6.1.2. Purpose..............................................................................................................................................72 6.2. PUBLIC CONSULTATIONS AND PARTICIPATION .............................................................................. 72 6.3. STAKEHOLDERS ......................................................................................................................... 73 6.4. PUBLIC PARTICIPATION – METHODS AND PROCESS ....................................................................... 73 6.5. DISCLOSURE OF RESETTLEMENT INSTRUMENTS ........................................................................... 73 6.6. FEEDBACK FROM INITIAL CONSULTATION FROM STAKEHOLDERS ................................................... 74 VII. IMPLEMENTATION, MONITORING AND BUDGET .................................................................................76 7.1. INSTITUTIONAL ARRANGEMENT ................................................................................................... 76 7.2. RPF MONITORING AND EVALUATION FRAMEWORK ...................................................................... 77 7.2.1. Monitoring Indicators .........................................................................................................................77 7.2.2. Monitoring of RPF Implementation ....................................................................................................78 7.2.3. Storage of PAPs Details ....................................................................................................................79 7.2.4. Annual Audit ......................................................................................................................................79 7.2.5. Socio-economic monitoring ...............................................................................................................80 7.3. CAPACITY ASSESSMENT AND CAPACITY BUILDING ....................................................................... 80 7|Page 7.3.1. Staffing ...............................................................................................................................................80 7.3.2. Training capacity ................................................................................................................................80 7.3.3. TRAINING AND CAPACITY BUILDING REQUIREMENTS................................................................... 80 7.4. ESTIMATED BUDGET FOR RPF IMPLEMENTATION.......................................................................... 81 REFERENCES ....................................................................................................................................................83 ANNEXES ...........................................................................................................................................................84 8|Page LIST OF TABLES TABLE 1: COMPARATIVE ANALYSIS BETWEEN WORLD BANK ESS5 AND NATIONAL LEGISLATIONS ...................................................................... 28 TABLE 2: POTENTIAL NEGATIVE IMPACTS ............................................................................................................................................... 35 TABLE 3: ENTITLEMENT MATRIX FOR VARIOUS CATEGORIES OF PAPS.......................................................................................................... 47 TABLE 4: EXAMPLE OF METHOD TO BE USED TO DETERMINE A MONETARY COMPENSATION RATE FOR LAND* ....................................................... 52 TABLE 5: EXAMPLE OF LAND COMPENSATION SCHEDULE OF PAYMENTS ........................................................................................................ 53 TABLE 6: FRUITS COMPENSATION ..............................................................................................................ERROR! BOOKMARK NOT DEFINED. TABLE 7: PROPOSED SCHEDULE FOR MANGO TREES CUT DOWN ................................................................................................................ 55 TABLE 8: INDIVIDUAL COMPENSATION.........................................................................................................ERROR! BOOKMARK NOT DEFINED. LIST OF ANNEXES ANNEX 1: RESETTLEMENT INSTRUMENTS ...................................................................................................................................... 84 ANNEX 2: SOCIO-ECONOMIC AND LAND ASSETS INVENTORY FORMS. ............................................................................................................ 86 ANNEX 3: SAMPLE GRIEVANCE REDRESS FORM.............................................................................................................................. 89 ANNEX 4: LIST OF CONSULTED PEOPLE DURING RESETTLEMENT PROCESS ................................................................................... 91 9|Page DEFINITION OF TERMS Unless the context dictates otherwise, the following terms shall have the following meanings: • Abunzi”/Mediators 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 Project 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; 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: 10 | P a g e - 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 Plan”.it 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. Resettlement Plans 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 proposed project. 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 Plans for the specific sites 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 11 | P a g e ABBREVIATIONS AND ACRONYMS CAC : Cell Adjudication Committee CBC : Competence Based Curriculum CBO : Community Based Organisation DD : Demographic Dividend CSO : Civil Society Organisation EICV : Integrated Household Living Survey EIA : Environmental Impact Assessment ESF : Environmental and Social Framework ESMF : Environment and Social Management Framework ESMP : Environmental and social management plan ESS : Environmental and Social Standards GoR : Government of Rwanda GRM : Grievance Redress Mechanism ICT : Information and communication Technology IDA : International Development Association IDP’s : Internally Displaced Persons ISDS : Safeguards Data Sheet M&E : Monitoring and Evaluation MoE : Ministry of Environment MINEDUC : Ministry of Education NGO : Non-Governmental Organisation NST : National Transformation Strategy P : Primary PCN : Project Concept Note PCR : Pupil Classroom Ration PDO : Project Development Objective PIU : Project Implementation Unit RAP : Resettlement Action Plan RDB : Rwanda Development Board REB : Rwanda Education Board REMA : Rwanda Environment Management Authority RLMUA : Rwanda Land Management and Use Authority RPF : Resettlement Policy Framework SPIU : Single Project Implementation Unit TTC : Teachers Training School VLD : Voluntary Land Donation WB : World Bank 12 | P a g e I. INTRODUCTION AND PROJECT DESCRIPTION 1.1. Project context Developing a highly skilled and globally competitive labour force is central in enabling Rwanda to achieve its socioeconomic transformation agenda and harness the Demographic Dividend. To this effect, one of the objective of the First National Transformation Strategy (NST1) is to improve the quality and relevance of education at all levels (pre-primary education, primary education, lower and upper secondary school, and technical training, TVET, Higher Institutions of Learning (HILs). To achieve the above objective, the Government of Rwanda with the support form World Bank is designing a Quality Basic Education for Human Capital Development Project. The general project objective is to improve the students learning and progression in basic education. Unfortunately, the current network of pre-primary and primary facilities is under resourced, and primary schools are overcrowded. The dramatic lack of primary classrooms leads to a massive use of double-shifting. In 2017, a total of 2,540,374 primary pupils were enrolled in 2,877 schools, all offering P1–P6. In the public sector, only, 2,444,397 pupils were enrolled in 2,499 public and government-aided schools, counting for 87 percent of the total number of schools. The total number of public classrooms is 28,922, and the national primary PCR averages 84.5. By grades, the PCR peaks at 89 is stable around 84 in P2-P4 and falls down to 75 and 45 in the last grades P5 and P6 respectively. To address this issue, the Ministry has been massively expanding the use of double-shifting, thus increasing the number of classes to 56,282 and reducing the class-size to an average of 43 pupils (2017 statistics). Thus, 27,360 public classrooms are functioning in double-shifting. In P1, P2 and P3 grades, a total of 14,779 classrooms operated in double-shifting in 2018, respectively 5,171, 4,861 and 4,747 classrooms corresponding to 89 percent to 88 percent in each grade. Further, Pre-primary classrooms are increasing rapidly in the country yet resources for pre- primary remain low. Between 2010 and 2017, pre-primary gross enrolment rates rose from 9.9 percent to 24.1 percent while the net enrolment increased from 6.1 percent to 20.6 percent and the number of pre-primary schools more than doubled from 1,369 to 3,186. This rapid increase in pre-primary classrooms has not been accompanied with an adequate amount of budgetary allocation to pre-primary classrooms in the country. In addition, most pre-primary classrooms are not equipped with appropriate teaching and learning materials. Currently, the government of Rwanda is addressing the main challenges to school construction with two priority construction programs. The first program, which started in 2014, aims to replace overaged and substandard classrooms that are totally inadequate for quality education. So far, a total of 4,122 classrooms have been built through this program. The second program, which launched in 2017, seeks to phase out double-shifting in primary schools with the objective of building 9,030 classrooms by 2024. Up-to-date, 33 percent of this program has been delivered (3,037 classrooms). The Government choose to provide these additional classrooms first to the latest grades (P6 and P5) due to budget limits. 13 | P a g e In addition to the lack of enough classrooms, the country is facing challenges in teaching English language and Sciences due to the capacity of teachers but also teaching materials. Given this alarming situation, the government of Rwanda with the support from World Bank is designing the Quality basic education for Human Capital development project as to address the above challenges. 1.2. Description and Scope of the Project Quality Basic Education for Human Capital Development Project in Rwanda is funded through the World Bank IDA allocation to support education sector and the Government of Rwanda. The project will be implemented in all 30 districts across the country and aims at improving students learning and progression in basic education and. The proposed project has three components:(i) Improving readiness to learn, progression and completion, (ii) Strengthening teaching and learning of foundational English, Math and Science and, (iii) Strengthening policy and institutional capacity to deliver results. The only component that may involve land acquisition and resettlement is the first component named improving readiness to learn, progression and Completion. 1.2.1. Component 1: Improving readiness to learn, progression and completion This component has two subcomponents including improving School Readiness and Foundational Literacy and Numeracy Skills. This sub-component aims at improving school readiness and foundational literacy and numeracy skills in Rwanda through the creation and provision of teaching and learning programs and materials for preschool and early primary children in the country. It will include three main activities (i) Development of audio-visual materials for early learning, (ii) Creation and digitization of pre-primary and early grade supplementary books and, (iii)Providing a basic package of teaching and learning materials in pre-primary classrooms. The second subcomponent is named Reducing Overcrowding and Double-shifting at the Primary Level. This sub-component will support Rwanda’s continuous school construction program to provide improved learning environment to primary learners, with a new focus on early grades. Approximately 5,000 furnished classrooms and 7,500 latrines will be financed in existing schools offering primary education, 2,000 classrooms for new construction school and construction of kitchens to support schools feeding program in 382 schools. This will improve learning conditions for 230,000 pupils. The school construction program will support the ongoing government’s program to phase out double-shifting, and reduce class overcrowding, which is currently the highest priority. This subcomponent has one main activity, construction of classrooms, and will include preparation of standards drawings, planning, implementation of construction works and assurance of quality of construction. This subcomponent is the one that may lead to land acquisition and then requires the preparation of Resettlement Policy Framework(RPF) and Resettlement Plans as appropriate. 14 | P a g e 1.2.2. Component 2: Strengthening teaching and learning of foundational English, Math and Science This component has four subcomponents namely:(i) Enhancing English Proficiency and Digital Literacy of Teachers through e-learning, (ii)supporting teaching and learning in mathematics and science by Scaling up best practices, (iii) Strengthening the preparation of pre-primary and primary teachers in teachers training colleges and, development of demonstration Schools to support teachers’ professional development. 1.2.3. Strengthening Policy and Institutional Capacity to deliver Results This component has two subcomponents:(i) Strengthening education quality assurance system and (ii) supporting implementation capacity development and project management. The first subcomponent aims to strengthen key systems and policies that underpin achievement of the Project Development Objective (PDO) of improving student progression and learning in basic education in Rwanda. These systems include: (i) school inspection; (ii) quality at entry assessment for primary school teachers; and (iii) regional benchmarking of learner achievement. The second subcomponent aims to build staff capacity in the various project management units (SPIUs) to ensure effective execution of the project. It will also support capacity building in technical areas relevant to other sub-components of the project. 1.3. Rationale for the use of RPF The Ministry of Education has identified schools that maybe covered under the proposed project. However, the exact location, size and final design of proposed structures have not yet been confirmed and will not be known before the project appraisal. Therefore, it is neither possible to determine the demography and livelihoods of neither the PAPs nor the resettlement related impoverishment risks they might face. Consequently, it is not yet possible to prepare detailed Resettlement Plans, which specify the detailed mitigation measures and develop strategies for livelihood restoration. This Resettlement Framework is developed to provide guidance on how to: - To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. - To avoid forced eviction.; - To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. - To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure; - To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, and 15 | P a g e - To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 1.4. Approach and methodology used in RPF preparation The general approach for the assignment consisted at identifying the major stakeholders and background documents pertinent to the project operations/education, environment sectors, to interview the major stakeholders, and to visit some of the proposed schools to assess potential resettlement implications. 1.4.1. Literature Review Literature review will focus on existing policies, regulations, strategic plans and institutions related to education, environment and land acquisition/expropriation as well as the review of World Bank ESF especially the Environmental and Social Standard 5: Land acquisition, Restrictions on land use and involuntary Resettlement. This review helped in describing the policy and regulatory context (e.g. laws, regulations, and procedures) of the Government of Rwanda on resettlement and displacement. Further the review allowed to make gap analysis between the World Bank’s standard on involuntary resettlement (ESS5 ) and national Regulations. Key documents consulted include: - Project technical concept paper; - Education related Policies; - Land policy, laws and regulations - Environmental Policy and regulations; - Expropriation law; - World Bank Environmental and Social Framework(ESF)/World Bank Environment and Social Standards/ESS5 on Land acquisition, Restrictions on Land use and involuntary Resettlement; - Integrated Household Living Survey 3,4 and 5 - The Fourth National Population Census; - The National Transformation Strategy(NST1) - Land Use Master Plan; etc - List of identified Schools/Assessed school; - Unconventional school construction approach etc. A list of document consulted is provided in references 1.4.2. Public consultation In compliance with National regulations and international standards, Stakeholder engagement is the basis for building strong, constructive, and responsive relationships that are essential for the successful management of a project’s environmental and social impacts. The consultation was held with key stakeholders involved in project implementation and land management, acquisition and compensation process as well as some of the potential affected people near identified schools. However, a comprehensive community engagement and consultation will be required 16 | P a g e when final project design is available and site for construction of new schools are known and potential project Persons identified. • Structured and unstructured interviews The combination of both structured and unstructured interviews was used to collect additional information from different actors and stakeholders. Consulted people and institutions include Rwanda Environment Management Authority (REMA), the Ministry of Environment (MoE), Rwanda Development Board(RDB), Ministry of Infrastructure, Ministry of Education, Rwanda Education Board, Rwanda Land Use and Management Authority. At district level the consultation was held with school construction engineer, Director of education/in charge of education and in charge of land administration and use in one stop centre and head teachers in visited schools. A full list of institutions/people consulted is included in this report as annex. 1.4.3. Field work Field visit was conducted in all 30 district and consisted at data collection and field observations in terms of land requirement and land use in the project area. In total 120 schools were visited across the country and both schools that requires additional and those that have enough land were selected with the support of district construction engineer and the district education officer. Further, the field work was an opportunity to interact with district officials, Schools head teacher and some members of the community around schools that need additional land for construction. Site for the construction of new schools were not visited because as of now only the number of rooms is known. Assessment and discussion focused on data collection especially on availability of land for school’s extension, new school construction, kitchen and latrines construction, land ownership status, land acquisition process and schedule as well as roles and responsibilities in project implementation and land acquisition. It's worth to note that the number and details of project affected people will be determined during detailed census during the preparation of resettlement Plan. 17 | P a g e II. PRINCIPLES AND OBJECTIVES OF RESETTLMENT POLICY FRAMEWORK 2.1. Objectives of Resettlement Policy Framework In accordance to the World Bank ESS5, objectives of the Resettlement Policy Framework (RPF) are to: a) Establish the resettlement and compensation principles and implementation arrangements for the project; b) Describe the legal and institutional framework underlying Rwandan and World Bank approaches for compensation, resettlement and rehabilitation; c) Define the eligibility criteria for identification of Project Affected Persons (PAPs) and entitlements; d) Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; e) Provision of procedures for filing grievances and resolving disputes; This RPF seeks to ensure that any possible adverse impacts of proposed project activities to people’s livelihoods are addressed through appropriate mitigation measures, in particular, against potential impoverishment risks. 2.2. Purpose of the Resettlement Policy Framework The first component of the proposed, especially subcomponent 1.2, will involve the construction of physical infrastructures such as classrooms and latrines. While some schools may have available land to expend classrooms other schools may be expended through acquisition/expropriation or exchange of land plots. Therefore, the World Bank Environmental and Social Standard on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement (ESS5) but also the national regulations on land acquisition and expropriation for public utility applies. The World Bank ESS5, requires Borrowers to avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives; avoid forced eviction and mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. It also requires the borrower to improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure and to conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. Further, ESS5 and ESS10 requires the borrower to ensure that resettlement activities are planned and implemented 18 | P a g e with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. Therefore, the purpose of this Resettlement Framework is to establish the resettlement and compensation principles, organizational arrangements, and design criteria to be applied to meet the needs of the people who may be affected by construction, extension or rehabilitation of schools to be covered under the proposed project. The RPF shall presents the objectives, principles, organizational arrangements and funding mechanisms for any displacement and resettlements that may be necessary during implementation of project whose components must comply with the applicable Rwanda regulations, World Bank ESS5 and other applicable World Bank Standards such as ESS2, ESS4 and ESS10. This RPF will thus serve as the basis and the framework within which Land acquisition/Resettlement instruments will prepared and implemented during project implementation once all details are available. Resettlement plans for specific subprojects causing displacement will be prepared using this RPF and submitted to the World Bank for approval. Hence, the RPF will be used to screen all schools proposed under the project their potential land acquisition impacts and streamline all the necessary procedures to follow in mitigating and minimizing involuntary resettlement associated with the proposed Fund that may be identified during implementation. During implementation of project activities, when required, appropriate detailed Resettlement Plans or Abbreviated Resettlement Plan will be developed to address specific adverse social impacts propose mitigation measures. 2.3. Principles of 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. From the above reasons, this resettlement Policy framework is guided by 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 Project activities. - 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. 19 | P a g e - 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). - 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. 20 | P a g e III.LEGAL AND REGULATORY FRAMEWORK This chapter reviews the existing national legal and regulatory framework in terms of land acquisition, restriction to land use and involuntary resettlement so as to determine how these regulations comply with the requirement of World Bank Environmental and Social Framework. It provides a gap analysis between both policies and proposes measures to bridge these gaps. 3.1. National requirements for land acquisition and involuntary resettlement This section describes the relevant policies and strategies, legal instruments, institutional arrangement and framework applicable to the implementation of Quality basic education for human capital development especially the construction of classrooms and latrines. 3.1.1. National Land Policy The Policy is premised in the National Development Strategy of Rwanda (Vision 2020). Its main objective is to put in place and operationalize an efficient system of land administration and land management that secures land ownership, promotes investment in land for socio-economic development and poverty reduction. The policy provides for land tenure systems, guiding principles of land management, an effective & efficient land registry, and land transactions. According to the National Land Policy, all Rwandese enjoy the same rights of access to land, implying no discrimination against women. All land should be registered for security. The National Land Policy specifies that marshlands are a special category of public land and their use, for those earmarked for it, must be done in the form of concession. All marshlands must be governed by a special legislation which must be vigorously enforced. Marshlands meant for agriculture should not be cultivated except after adequate planning and environmental impact assessment. 3.1.2. 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. 3.1.3. The National Gender Policy, 2010 The Vision of the National Gender Policy is to set the Rwandan society free from all forms of gender based discrimination and see both men and women participate fully and enjoy equitably from the development processes. The main mission of this policy is to contribute to the elimination of gender inequalities in all sectors of na tional life, in order to achieve the nation’s goal for sustainable development. Resettlement activities for the Fund will involve and affect 21 | P a g e both men and women in terms of loss of property and both genders are expected to be treated equally thus this policy will be relevant. 3.1.4. Important National Resettlement Regulations Rwanda has numerous legal and policy framework relating to Land and resettlement issues. • The Constitution of Rwanda The Constitution of Rwanda, Article 11 stipulates that all Rwandans are born and remain free and equal in rights and duties. Discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour, sex, region, social origin, religion or faith, opinion, economic status, culture, language, social status, physical or mental disability or any other form of discrimination is prohibited and punishable by law. Rwandan Constitution recognizes that every person has a right to private property whether personal or owned in association with others (Article 29). The private property, whether individually or collectively owned is inviolable. The right to property may not be interfered with except in public interest, in circumstances and procedures determined by law and subject to fair and prior compensation. Under Article 30, it is stipulated that private ownership of land and other rights related to land are granted by the State. The law specifies the modalities of acquisition, transfer and use of land. Exceptionally, the right to property may be overruled in the case of public interest. In these cases, circumstances and procedures are determined by the law and subject to fair and prior compensation (Article 29). Laws on property are also found in various legal texts of Rwanda. Eligibility for compensation is also enshrined under the Rwandan constitution and the Expropriation Law. - 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. 22 | P a g e - 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. - 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. 3.1.5. Grievance Redress Mechanism Grievance redress mechanism in Rwanda are catered in the Ministerial Order No. 002/2008 of 2008 Determining Modalities of Land Registration. Annex 3 of the Ministerial order provides for dispute resolutions procedures and some provisions related to the Cell Adjudication Committee (CAC). Articles 17, 20, 22, and 23 provide the process for resolving disputes. Article 17 grants parties with a dispute, the right to take that dispute to the mediation committee. That article also provides that where a dispute arose during demarcation and adjudication but, with the assistance of the CAC, the parties were able to resolve the dispute, the parties are bound by that agreement, and may not later attempt to raise the issue. Article 20 provides procedures for the CAC when hearing disputes, including that the hearing is open to the public and announced eight days in advance, among other requirements. Articles 22 and 23 govern the lodging and processing of objections and corrections during a 60-day period. The CAC is comprised of all five members of the cell land committee and five members of the particular Umudugudu where demarcation and adjudication is taking place. The cell Executive 23 | P a g e Secretary acts as the CAC secretary, although he or she has no voting rights. This order can be used to resolve resettlement conflict in the project area. The Expropriation Law Article 26 provides complaints procedures for individuals dissatisfied with the value of their compensation. The Law stipulates that the dissatisfied person has a period of 30 days after the project approval decision has been taken to appeal (Article 19). The first step of redress is to inform those to be expropriated of their rights during the expropriation process. Articles 17-20 of the Expropriation Law obliges the representative government authority (that which is implementing the project requiring expropriation) to inform affected people of their rights at each stage of the process. According to Article 26, all the grievances concerning non-compliance with the provisions of the contract, the value or timing of compensation or seizure of land assets without compensation shall be addressed to the Land Commission at the level at which the issue is based. The aggrieved party is provided with a legal expert in the matters of Land Law or any other survey expert with value verification skills, who will proceed to recalculate the value of compensation due. In the event that the new value is rejected by the Land Commission hearing the complaint, the aggrieved party may appeal to the immediate higher Land Commission within 15 working days which must then deliver its verdict within 30 days. If the aggrieved party is still dissatisfied with the decision, their final resort shall be to file the case to the competent Court of Law. According to Article 26, filing a case in courts of law does not stop the expropriation process from being effected. To ensure that the affected parties are fully aware and to reduce possible backlog of complaints, it should be noted in advance that most members of the rural communities take time to decide to complain when aggrieved and as a result, may miss the 30-day period required to file their complaints. As per international standards, grievances logged outside this timeframe may still be valid and legitimate. Customarily, the government expropriation authorities ensure that all affected people are fully informed, and will issue warnings about the consequences of failure to lodge their complaints in time. Within this customary procedure, affected people are informed of the procedures before their assets are taken. 3.2. World Bank Environmental and Social Framework(ESF). The construction of classrooms and latrines requires constructions site and data collection for during project design shows that some schools do not have land for construction and will involve land acquisition. Therefore, the world Bank ESS5 applies and the project shall meet its requirements including preparation and implementation of resettlement instruments. Other applicable World bank standards include ESS1, ESS2, ESS 4 and ESS10 3.2.1. Objective of ESS5 The objective of Environmental and Social Standard 5 on land acquisition, restriction on land use and involuntary resettlement are: • To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • To avoid forced eviction. • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at 24 | P a g e least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 3.2.2. ESS5 Scope of application The ESS5 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. Therefore, this RPF covers permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation: - Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law; - Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land, if failure to reach settlement would have resulted in expropriation or other compulsory procedures; - Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights; - Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project-specific cut-off date; - Displacement of people as a result of project impacts that render their land unusable or inaccessible; - Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and cropping areas; - Land rights or claims to land or resources relinquished by individuals or communities without full payment of compensation; and - Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for, the project. 3.2.3. Key ESS5 requirements • Compensation measures The Standard also requires that resettlement plans are implemented before any project-related impacts on project affected people. Therefore, the land acquisition, displacement or any restriction of access should not occur before necessary measures for resettlement and compensation are in place. For selected sites involving land acquisition, it is further required 25 | P a g e that these measures include provision of compensation and/or other assistance necessary for 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, related infrastructure and moving allowances have been provided to displaced persons. All activities project activities requiring relocation, loss of shelter or other impacts, the policy requires that measures to assist affected persons are implemented in accordance with the project resettlement plans of action. The policy aims to have a fair and transparent process. Where there is a conflict between the Laws of Rwanda and the WB ESS5, the latter must take precedence if the Bank is to fund the project/activity. • Eligibility criteria Affected persons may be classified as persons: a) Who have formal legal rights to land or assets; b) Who do not have formal legal rights to land or assets, but have a claim to land or assets that is recognized or recognizable under national law; or c) Who have no recognizable legal right or claim to the land or assets they occupy or use. • Assessment of alternatives While the national regulations are silent on project alternatives, the ESS5 requires borrower to consider feasible alternative project designs to avoid or minimize land acquisition or restrictions on land use, especially where this would result in physical or economic displacement, while balancing environmental, social, and financial costs and benefits, and paying particular attention to gender impacts and impacts on the poor and vulnerable. • Consultation and community engagement ESS5 requires borrower to engage with affected communities, including host communities, through the process of stakeholder engagement described in ESS10. Decision-making processes related to resettlement and livelihood restoration will include options and alternatives from which affected persons may choose. Disclosure of relevant information and meaningful participation of affected communities and persons will take place during the consideration of alternative project designs, and thereafter throughout the planning, implementation, monitoring, and evaluation of the compensation process, livelihood restoration activities, and relocation process. • Grievance redress Mechanism ESS5 requires the borrower to establish grievance redress mechanism as early as possible in project development to address specific concerns about compensation, relocation or livelihood restoration measures raised by displaced persons (or others) in a timely fashion. Where possible, such grievance mechanisms will utilize existing formal or informal grievance mechanisms suitable for project purposes, supplemented as needed with project-specific arrangements designed to resolve disputes in an impartial manner. 26 | P a g e 3.3. Comparative Analysis between Rwanda Legislations and World bank ESS5 Although Rwanda has developed and enacted new land and new expropriation laws that are responsive to land acquisition and property compensation especially in case of expropriation, there are some gaps when compared to ESS5. The following table summarizes findings of gap analysis between national regulation and ESS5 as well as proposed measures to bridge identified gaps. 27 | P a g e Table 1: Comparative Analysis between World Bank ESS5 and National Legislations Principles World Bank ESS5 Rwanda Regulations Gaps Measures to bridge the gap Eligibility ESS5 recognizes Affected persons who: National regulations recognize The Bank The compensation and criteria a) Have formal legal rights to land or Affected people who have land diverges with the resettlement measures assets; titles and documentary evidence Rwanda Law should be provided to all b) Do not have formal legal rights to land that he/she is the owner of whereas the law affected person including or assets, but have a claim to land or property incorporated on land. in Rwanda those with no land title and assets that is recognized or refuses to tenants. Those who don’t recognizable under national law; or A person dispossessed of land or recognize illegal have legal right on the land c) Have no recognizable legal right or unlawfully occupying land or land owners and will be compensated for claim to the land or assets they occupy having developed activities on does not provide assets and properties or use. land on which such activities are any established on the land prohibited after the enactment of Compensation relevant laws shall receive no compensation. Assessment of The ESS5 requires borrower to consider The national law on environment While ESS5 The proposed project is alternatives feasible alternative project designs to avoid and ESIA procedures requires requires the designed in a way that or minimize land acquisition or restrictions the developer to explorer project borrower to avoids physical relocation. In alternatives but is silent about explore urban area, proposed on land use, especially where this would avoiding, minimizing involuntary alternatives that classrooms will be in multi- result in physical or economic resettlement. avoid or minimize storey constructions (with displacement, while balancing resettlement three or more floors to environmental, social, and financial costs impacts, the minimise land and benefits, and paying particular attention national requirement. In Rural to gender impacts and impacts on the poor regulations only Areas, schools that and vulnerable. requires the requires significant provision of compensation physical relocation are not eligible under this project 28 | P a g e Compensation When land acquisition or restrictions on The national Regulations Loss of income is (i)During the preparation of and Benefits land use (whether permanent or (expropriation law, art 27) defines not covered resettlement plan, livelihood for Affected temporary) cannot be avoided, the ESS5 properties subject to valuation for under national restoration measures will be the payment of fair compensation regulations and considered for where Persons requires Borrower to offer affected due to expropriation in the public regulations are physical relocation is persons compensation at replacement interest are: silent on expected. cost, and other assistance as may be 1° land; livelihood (ii) Vulnerable people will be necessary to help them improve or at 2° activities carried out on land measures or identified and special for its efficient management or assistance to attention provided to them to least restore their standards of living or rational use; vulnerable people ensure that all affected livelihoods. people improve or restore 3° compensations for disruption livelihood caused by expropriation. Timeframe for ESS5 requires that the Borrower takes Article 36 of the Expropriation law The ESS5 Compensation and provision Compensation possession of acquired land and related (2015) state that approved fair requires to of resettlement measures and provision assets only after compensation in compensation shall be paid within provide will be given prior land take a period not exceeding one compensation and any construction works. of resettlement accordance with this ESS has been made hundred and twenty (120) days measures before measures available and, where applicable, displaced from the day of its approval. land take while people have been resettled and moving Subsequent to receiving fair the national allowances have been provided to the compensation, the expropriated Regulations displaced persons in addition to person shall have a period not allows the project compensation. In addition, livelihood exceeding one hundred and developer to take restoration and improvement programs will twenty (120) days to relocate. the land even before the commence in a timely fashion in order to compensation as ensure that affected persons are sufficiently long as the prepared to take advantage of alternative compensation is livelihood opportunities as the need to do made in 120days. so arises. Community ESS5 requires the Borrower to engage with Article 24 of expropriation law While the ESS5 This RPF provides process engagement affected communities, including host requires the District or City of requires and guidance for Public communities, through the process of Kigali administration or the consultation with consultation and community relevant Ministry to inform the affected engagement. Public stakeholder engagement described in persons to be expropriated in the communities and consultation and information ESS10. Decision-making processes related public interest of the expected other disclosure will be part of to resettlement and livelihood restoration start date of measurement of land stakeholders, the preparation and will include options and alternatives from and inventory of property national implementation of which affected persons may choose. incorporated thereon. regulations resettlement instruments. requires only communication to 29 | P a g e the affected people. Disclosure of relevant information and Such a communication shall be meaningful participation of affected made through an announcement communities and persons will take place posted on the office of the Cell of the place designated for the during the consideration of alternative implementation of the project. project designs and thereafter throughout The communication shall also be the planning, implementation, monitoring, made through at least one radio and evaluation of the compensation station with a wide audience in process, livelihood restoration activities, Rwanda and at least one of and relocation process. Rwanda-based newspapers with a wide readership. Grievance ESS5 requires borrowers to ensure that a Article 33 of expropriation law While ESS5 Grievance redress Mechanism grievance mechanism for the project is in state that Within seven (7) days requires the mechanism will be place, in accordance with ESS10 as early after the approval of the valuation establishment of established at project level, report by the expropriator, any Grievance district level and site level as possible in project development to person to be expropriated who is Redress address specific concerns about not satisfied with the assessed mechanism for compensation, relocation or livelihood value of his/her land and property the proposed restoration measures raised by displaced incorporated thereon shall project , National persons (or others) in a timely fashion. indicate in writing grounds for regulations Where possible, such grievance his/her dissatisfaction with the provides only mechanisms will utilize existing formal or valuation report. steps and Any person contesting the timeframe for informal grievance mechanisms suitable for assessed value shall, at his/her contesting project purposes, supplemented as needed own expense, engage the valuation report with project-specific arrangements services of a valuer or a valuation designed to resolve disputes in an impartial firm recognized by the Institute of manner. Real Property Valuers in Rwanda to carry out a counter- assessment of the value. When the person to be expropriated is not satisfied with that decision, he/she can refer the matter to the competent court within fifteen (15) days from the day he/she appends his/her signature to the minutes indicating points of disagreement. 30 | P a g e Planning and Where land acquisition or restrictions on Article 10 of expropriation law The measures The socio-economic Implementation land use are unavoidable, the Borrower will, requires the project developer to gap in terms of assessment of project as part of the environmental and social prepare application that shall planning and affected people and indicate: implementation is inventory of affected assets assessment, conduct a census to identify 1° the nature of the project; the absence of will be part of Resettlement the persons who will be affected by the 2° the indication that the project socio-economic Plan project, to establish an inventory of land aims at the public interest; assessment of and assets to be affected, to determine who 3° the master plan of land where project affected will be eligible for compensation and the project will be carried out; and inventory of assistance, and to discourage ineligible 4° the document indicating that affected assists in persons, such as opportunistic settlers, the project has no detrimental the application effect on the environment; report. during from claiming benefits. 5° the document confirming the decision making availability of funds for fair about a compensation; 6° the explanatory note detailing that such land or place suits the project; 7° the minutes indicating that the concerned population was sensitized about the project and its importance; Social The social assessment will also address The social assessment is part of Regulations on Social assessment will be assessment the claims of communities or groups who, Environmental Impact land acquisition part of Resettlement Plan. for valid reasons, may not be present in the assessment. does not require social project area during the time of the census, assessment. such as seasonal resource users. Cut-off date the Borrower will establish a cut-off date for The District or City of Kigali The only gap The cut-off date will be eligibility. Information regarding the cut-off administration or the relevant identified is that established and date will be well documented and will be Ministry must inform the persons the national communicated to all affected regulations does people disseminated throughout the project area at to be expropriated in the public not include regular intervals in written and (as interest of the expected start date warnings to the appropriate) non-written forms and in of measurement of land and persons settling relevant local languages. This will include inventory of property incorporated in the project area posted warnings that persons settling in the thereon. after the cut-off project area after the cutoff date may be date may be subject to removal. Such a communication shall be subject to made through an announcement removal. posted on the office of the Cell of 31 | P a g e the place designated for the implementation of the project. The communication shall also be made through at least one radio station with a wide audience in Rwanda and at least one of Rwanda-based newspapers with a wide readership for the relevant parties to be informed thereof. Economic In the case of projects affecting National Regulation are silent Livelihood Both Physical and Displacement livelihoods or income generation, the about economic displacement restoration and Economic displacement will Borrower’s plan will include measures to and does not provide any economic be considered and livelihood livelihood restoration program displacement are plan prepared as appropriate allow affected persons to improve, or at not considered least restore, their incomes or livelihoods. under national The plan will establish the entitlements of regulations affected persons and/or communities, paying particular attention to gender aspects and the needs of vulnerable segments of communities, and will ensure that these are provided in a transparent, consistent, and equitable manner. The plan will incorporate arrangements to monitor the effectiveness of livelihood measures during implementation, as well as evaluation once implementation is completed. Collaboration The Borrower will establish means of Section one of the expropriation No major gap This RPF has provided with Other collaboration between the agency or entity law provide the implantation identified apart implementation arrangement Responsible responsible for project implementation and arrangement for land acquisition from technical form national level to local from approving, implementation capacity of local level and the Resettlement Agencies or any other governmental agencies, and implementation of decisions. entities that plan will included a section Subnational subnational jurisdictions or entities that are Further, the land law of 2013 needs to be on implementation Jurisdictions responsible for any aspects of land defines roles and responsibility of enhanced arrangement acquisition, resettlement planning, or various stakeholders involved in provision of necessary assistance. land administration and expropriation. 32 | P a g e 3.4. Institutional Framework for land administration and acquisition in Rwanda 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 Environment(MoE); - Rwanda Environmental Management Authority (REMA) - Rwanda Land Management and Use Authority (RLMUA) - Districts - Ministry or Agency responsible for Project implementation. The Ministry of Environment 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 Education and Rwanda Education Board (REB) are the main executing agencies for the Quality Basic Education for Human Capital development Project. The project will be coordinated under the Single Projects Implementation Unit (SPIU) in the Ministry. The SPIU will oversee the compensation exercise done by Districts and will ensure that PAPs are fully compensated. REB being the implementation agency for education programmes, will work with the Ministry, districts and other stakeholders to ensure that project objectives are achieved. 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. During the ESIA process REMA assess whether land acquisition issues are considered in the ESIA report and mitigation measures are proposed. 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 and supervise construction 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. 33 | P a g e IV. POTENTIAL IMPACTS AND PROJECT AFFECTED PERSONS Anticipated project resettlement impacts will be results of land requirement for the construction of additional classrooms and latrines in existing schools, construction of kitchens in 382 schools to support school feeding program and the construction of new schools with 2,000 rooms. The construction of additional classrooms, latrines and kitchen will not lead to important land acquisition and involuntary resettlement given that 90% of targeted schools have available land for construction of additional classrooms and latrines. However, the construction of 2000 rooms for new schools will involve important land acquisition and potentially physical resettlement. The potential land for construction is either owned by religious institutions or private individuals. Further, some of the school land were rented or encroached by local communities who planted trees and crops. Therefore, this section describes potential resettlement impacts and potential project affected person (PAP) associated with the Implementation of Quality Basic Education for Human Capital Development Project. 4.1. Definition of Project Affected People (PAP) The ESS5 defines three categories of affected persons who are eligible for compensation and resettlement benefits. While people in all three categories are entitled to assistance of some sort under ESS5, the nature of that assistance may vary, as subsequent paragraphs of ESS5 make clear. Category (a): Affected persons who have formal legal rights to land or assets are those who have formal documentation under national law to prove their rights, or are specifically recognized in national law as not requiring documentation. In the simplest case, an area is registered in the name of individuals or communities. In other cases, persons may have a lease on the land and therefore have legal rights. Category (b): Affected persons who do not have formal rights to land or assets, but who have a recognized or recognizable claim under national law can fall into a number of groups. They may have been using the land for generations without formal documentation under customary or traditional tenure arrangements that are accepted by the community and recognized by national law. In other cases, they may have never been provided formal title or their documents may be incomplete or lost. They may have a claim for adverse possession if they have occupied land for a certain period of time as defined by national law, without the formal owner contesting the occupation. In such cases, national law often has legal procedures by which such claims can become recognized. Category (c): Affected persons who have no recognizable legal right or claim to the land or assets they occupy or use are eligible for assistance under ESS5. These can be seasonal resource users, such as herders, grazers, fishers, or hunters (although if the rights of such users are recognized by national law, they may fall into category (a) or (b)). They can also be persons occupying land in violation of applicable laws. Affected persons in these groups are not eligible for compensation for land, but are eligible for resettlement and livelihood assistance and compensation for assets. 34 | P a g e Based on the above classification and the national land law, this Resettlement Policy Framework considers project affected people as those who stand to lose as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources such as forests, fishing areas or important cultural sites, commercial properties, tenancy, income-earning opportunities as well as social and cultural networks and activities. Such impacts may be permanent or temporary. This might occur through land expropriation, land donation or land exchange. The Policy Framework applies to all economically and/or physically displaced persons regardless of the total number affected the severity of impact and whether or not they have legal title to the land. Particular attention will be paid to the needs of vulnerable groups among those economically and/or physically displaced especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, ethnic minorities and other historically disadvantaged groups or other economically and/or physically displaced persons who may not be protected through Rwanda’s land compensation legislation. 4.2. Anticipated project Impacts 4.2.1. Project Activities requiring land acquisition Among the three components included in the project design, only component 1, subcomponent 2 that consist at construction of classrooms and latrines requires land acquisition. The next table summarize land requirements in all 30 districts. 4.2.2. Project impacts Key anticipated impacts include loss of land, loss of structures, loss of trees and loss of crops. The next table summarizes the project land requirement and potential Impacts. Table 2: Potential Negative Impacts Schools Schools Schools with Number of with considered Number with land potential Province District Preselected potential for kitchen for construction land from schools land construction expropriation donation South Gisagara 23 20 1 2 6 Ruhango 10 9 0 1 20 Nyanza 21 19 1 1 16 Kamonyi 16 15 0 1 18 Muhanga 18 15 1 2 22 Nyamagabe 3 2 0 1 12 Nyaruguru 9 8 0 1 7 Huye 20 18 1 1 13 Western Nyabihu 19 15 1 3 17 Karongi 4 3 0 1 13 Ngororero 17 15 0 2 21 Rubavu 20 17 0 3 16 Rutsiro 19 14 2 3 22 Nyamasheke 4 3 0 1 14 Rusizi 9 8 0 1 13 35 | P a g e East Kirehe 30 28 0 2 16 Rwamagana 23 21 0 2 17 Gatsibo 40 37 0 3 6 Bugesera 49 45 1 3 10 Kayonza 30 26 0 4 7 Nyagatare 59 53 2 4 17 Ngoma 23 21 0 2 6 North Gakenke 39 36 1 2 10 Gicumbi 39 35 2 2 10 Musanze 21 18 0 3 8 Rulindo 48 46 1 2 8 Burera 29 27 0 2 8 Kigali City Gasabo 120 114 2 4 4 Kicukiro 19 16 1 2 12 Nyarugenge 18 16 0 2 9 Total 30 799 720 17 63 382 Though the size of classrooms, latrines and kitchens to be constructed and exact location are not yet known the table 2 provide an indication of land requirement under the proposed project. On 799 schools assessed, 720 (90%) have lands for extension or construction and 17(2.1 %) have potential land from donation mainly from religious organisation. Only 63(7.8%) confirmed that they don’t have enough land to accommodate new classrooms and latrines in order to reduce the number of students in classrooms and implement one shift policy. The additional land will be acquired through expropriation. More importantly, the construction of 2000 rooms for the new schools requires important land acquisition which may results in physical resettlement. Further some head teachers like in Rubavu informed the consultant team that some school lands were encroached by local community and planted some crops and established some structures this need proper consideration during project implementation and people who have encroached on school’s land will be compensated for properties found on the land . In other areas, like in Muhanga, the consultant was informed that some schools have free land far from the school boundaries and they are considering to negotiate land exchange with local community. 4.2.3. Categories of PAPS Land acquisition for classrooms and latrines construction sub-projects may result in negative impacts to different categories of PAPs. Until the exact locations of construction are determined it is not possible to have the likely number of people who may be affected. However, the likely displaced (economically or physically) persons can be categorized into three groups namely: • Affected individuals These are individuals who risks losing assets, investments, land, property and/or access to natural and/or economic resources as a result of classrooms and latrines construction. The field work revealed people living near targeted school may lose land and crops from expansion of schools. In some cases, like in Rubavu some school lands were encroached or rented by the local community who planted crops, tress or established some structures. People who have 36 | P a g e assets (crops or structures) on school’s lands will be compensated for the assets. In other cases, like in Muhanga, the consultant was informed that some schools have free land far from the existing school premises boundaries and they are considering to negotiate land exchange with local community. These communities are considered as project affected person and proper land acquisition/exchange need to be done and documented per as ESS5 and national Regulations Affected households A household is affected if one or more of its members are affected by construction of classrooms. This includes: - Any member in the households, men, women, children, dependent relatives and friends, tenants; - Vulnerable individuals who may be too old or ill to farm along with the others; - Members of households who cannot reside together because of cultural rules, but who depend on one another for their daily existence; - Members of households who may not eat together but provide housekeeping or other activities critical to the family’s maintenance; and - Other vulnerable people who cannot participate, due to being physically challenged or for cultural reasons, in production, consumption, or co-residence. Vulnerable Households- may have different land needs from most households, or needs unrelated to the amount of land available to them. Vulnerable households include: disabled, elderly persons (above 65 years old), HIV/AIDS affected persons, Orphans, Widow-Female- headed households. Special consideration should be paid to these groups outlined above by identifying their needs from the socio-economic and baseline studies undertaken as part of the Resettlement Plan process once project sites are identified and PAPs identified. In addition to that, these groups should be individually consulted and given opportunities to participate in the resettlement decision-making process, as well as project activities, including the identification of mitigation measures that are commensurate with the impacts they experience and appropriate to their circumstances. Consultation with these groups should ensure that resulting resettlement and compensation restores and or improves their pre-project livelihood. • Organisations During the field work and consultation with district officials and head teachers it was noted that some of the potential land for classrooms and latrines are owned by religious organisation. While some of these are willing to donate the land for classrooms construction others may need compensation or exchange of land. In both scenario, a resettlement plan will be required and the land donation should be well documented (see guidance in section 5.6 on Voluntary Land Donation). 37 | P a g e 4.3. Approximate number of PAPs It is not possible at this stage to determine the number of Project Affected People in the project area given that the location of new schools as well as the size and location of proposed classrooms and latrine for each existing school are not yet determined However, based on the number of new schools to be constructed (2,000), number of existing schools that requires additional lands for new classrooms and latrines (79) as well as the number schools that will be supported for the construction of kitchen, the total number of project affected persons will not exceed 750. 4.4. Preparation of Resettlement instruments Given the number of schools that requires land acquisition in each districts it’s recommended to prepare a resettlement plan per district instead of having a resettlement plan per each school. For each district which might require physical and/or economic resettlement, the number of PAPs will be established through a resettlement Plan which will be prepared and implemented before the implementation of project activities. 38 | P a g e V. PROCESS FOR SCREENING, PREPARING AND APPROVING RESTTLEMENT PLANS According to the World Bank ESS5, Resettlement plans are prepared for any project that results in economic or physical displacement. The scope and level of detail of the plan varies with the magnitude of displacement and complexity of the measures required to mitigate adverse impacts. The resettlement plan may take a number of dif ferent forms, depending on the project’s impacts. For Quality Basic Education for Human Capital Development Project the land acquisition through expropriation will be documented in Resettlement plan while land acquired through voluntary land donation will be documented in compliance national regulations and World Bank Environmental and Social Framework especially the ESS5 as described in section 5.6. Therefore, this section of Resettlement Framework provides principles and guidelines for Screening, preparation and, approval and implementation of resettlement plan once all project details are available. Key principals and process provided in this section include screening and approval process, census of the population to be affected by displacement, a survey of livelihoods and sources of income, an inventory of assets that affected persons are likely to lose. These steps help to calculate the magnitude of expected compensation and the overall cost of the displacement and resettlement operation. Further, the RPF provides mechanism for community engagement, Grievance redress mechanism, implementation and Monitoring framework. 5.1. Process for preparing and approving Resettlement Plans This section provides guidelines that shall guide the preparation and implementation of Resettlement Plan during the implementation of Quality Basic Education for Human Capital Development Project. 5.1.1. Screening Mechanism for Resettlement Plans When the additional land for classrooms, latrines as well as the sites for construction of new schools are confirmed, Resettlement Plans will be prepared and shall include measures to ensure compliance with Rwanda and WB environmental and Social Framework. The implementation of these Resettlement Plan should be done before any individual or affected households are impacted by project. Sub-project 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 the impacts. Screening for resettlement issues shall be part of the environmental and social screening. Measures to address resettlement shall ensure that PAPs are: - Informed about their options and rights pertaining to resettlement; - Included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives; - Provided prompt and effective compensation at full replacement cost for; and - Losses of assets and access attributable to the subprojects. 39 | P a g e - Enabled to restore and preferably improve their living standards compared to pre-project ones. Therefore, the first stage in the process of preparing the individual resettlement plans is the screening process to identify the land acquisition and land use needs that will cause resettlement. The required information shall include a description of the nature, scope and location of the proposed project impacts, accompanied by location maps and any other details as may be required. If the screening indicates that a subproject requires in its present layout the physical or economic resettlement, advice to consider feasible alternative designs to avoid or at least minimize physical or economic displacement, while balancing environmental, social and financial costs and benefits will be sought. If the screening indicates that the project has potential for land acquisition, impact on assets, loss of livelihood or restriction of resource use, then this RPF is applies and a resettlement plan for that subproject/district needs to be prepared. 5.1.2. Scope of Resettlement Plans Overall responsibility for preparing a resettlement Plan will be the responsibility of Ministry of Education through Single Implementation Unit (SPIU) and in accordance with this RPF. Given the low number of schools requiring additional land for construction and little number of anticipated project affected households, maximum three per school, it is recommended to prepare a resettlement plan per district. The resettlement Plan should outline the following among others: General description of the project and identification of the project area, Potential impacts, main objectives of the resettlement program, Census survey and baseline socio- economic studies, Legal framework and institutional arrangement, community engagement and participation, Valuation of and compensation for losses, implementation schedule, grievance redress mechanism, cost and budget, Monitoring and evaluation, and arrangements for adaptive management. 5.1.3. Preliminary Assessments The initial preliminary assessments and surveys should include (i) potential social impacts, (ii) direct consultations with individuals and groups who are expected to be directly affected by project activities; and (iii) identification of the major population groups that may be affected by the proposed project. 5.1.4. Baseline and socio-economic data An important aspect of preparing a resettlement plan is to establish appropriate socioeconomic baseline census to identify the persons who will be displaced by the individual subproject, to determine who will be eligible for compensation and assistance, and to discourage inflow of people who are ineligible for these benefits. This shall be carried out to provide baseline data on various factors including the following: • Identification of current occupants and users of the affected area, to establish the basis for the design of the resettlement plan and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance. It’s worth to note that multiple users may be identified on the same land such as owners and tenants. • Standard characteristics of affected households, including a description of production systems, labour, and household organization; and baseline information on livelihoods 40 | P a g e (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the PAPs; • The magnitude of the expected loss of assets, total or partial, and the extent of impact; Baseline data for Resettlement Plan will include number of persons; number, type, and area of the houses to be affected; number, category and area of residential plots and agricultural land and crops to be affected; and productive assets to be affected as a percentage of total productive assets. • Information on vulnerable groups or persons for whom special provisions may have to be made; Identification of the potentially affected people on the individual and household levels, vulnerable groups (persons with disabilities, women, children, the elderly, female headed households, affected internally displaced people, affected internally displaced households, etc.) • Land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance and any issues raised by different tenure systems in the project area; o Those who have formal legal rights to the land they occupy; o Those who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national laws including those measures put in place by the draft land policy; or o Those who have no recognizable legal right or claim to the land they have occupied before the cut-off date. • 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; • Public infrastructure and social services that will be affected; and • Social and cultural characteristics of affected communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups; and Non- Governmental Organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. The preliminary assessments and information and the socio-economic baseline data will assist in determining the cut-off date, period of registration of claims and valuation of land and immovable assets. In summary, the census consolidates information that: a) provides initial information on the scale of resettlement to be undertaken; b) gives an indication of further socio-economic research needed to quantify losses to be compensated and, if required, to design appropriate development interventions; and c) establishes indicators that can be measured at a later date during monitoring and evaluation. The purpose of the socio-economic study is also to collect baseline data within the chosen/targeted sites/areas/homesteads/villages thereby enabling the social assessment of potentially affected populations/communities/homesteads/villages. Detailed calculation of individual and household economies and identification of all impacts will be undertaken as part of the socioeconomic study and be the determinant in the potential compensation process. 41 | P a g e The socio-economic study and baseline census will be carried out by fund beneficiaries its qualified staff aided where necessary by specialist consultants with the support and technical backing of the social specialist to be hired under this project. On completion of the socio- economic study and the baseline census MINEDUC will prepare a Resettlement Plan. Given that new schools are considered and additional classrooms, latrines and kitchens are considered in all district A Resettlement Plan is proposed per district. Alternatively, an abbreviated Resettlement Plan would be prepared per site but this would not be efficient given the reduced number of potential affected persons but also the big number of proposed schools. District. 5.2. Preparation of Resettlement plans and approval process Resettlement Plans shall be prepared by MINEDUC, in consultation with the local authorities and community leaders for schools that have been determined to result in potential involuntary resettlement and/or land acquisition. The resettlement and compensation plans would then be forwarded for review and approval to MINEDUC in compliance with the national and project institutional and administrative requirements. After that, all Resettlement Plans prepared under the proposed project will be submitted to World Bank for review and Clearance before land is actually acquired or access to resources is lost, denied or restricted. This is to ensure that individual resettlement and compensation plans are consistent with World bank ESS5 and national regulations. 5.2.1. Process for identifying need for Resettlement Plan To establish if Resettlement Plan is indeed needed screening will be undertaken at the sub project design stage. After screening and it is known that land acquisition is required, the RAP process can now start. The Resettlement Plan will entail identification of PAPs, socio-economic survey of the PAPs, census and land asset inventory of the area. Throughout the Resettlement Plan 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. 5.2.2. Sub-Project Screening Screening will take place as early as possible, 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. The screening form will then be submitted to the MINEDUC PIU Coordination for review. 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 Resettlement Plan. 5.2.3. Socio Economic Survey To enable identify the numbers and socioeconomic impact of PAP, a socioeconomic 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. 42 | P a g e 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 surveys. 5.2.4. 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) 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 socio- economic survey including inventory of affected properties in collaboration with sub-project Resettlement and Compensation Committees. 5.2.5. Preparation of asset inventory To prepare inventory of the land and development on it, a field team should visit the affected area to carry out an asset valuation survey. The team should include village resettlement committee representative, local administration, a 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. Where the affected is illiterate, he/she will have identified a trusted person to assist him/her and any expenses is need, the project will cover the cost. The document will say when the affected person will be notified, and that the inventory will not be official until a second signed copy, verified by project supervisory staff, is returned to the affected person. Information on Grievance Redress Mechanism(GRM) should be provided to the affected person during community mobilisation stage so that PAPs understand the process, means and places of GRM. A copy of the grievance procedure will also be given to the affected person as stated in the grievance redress mechanism and should be displayed in public notice board at targeted school and cell offices where schools are located. 5.3. Public consultations 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. 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 43 | P a g e - Alternative project design - Assessment of project impacts - Resettlement strategy - Compensation rates and eligibility for entitlements - Development of opportunities and initiatives - Development of procedures for redressing grievances and resolving disputes - Mechanisms for monitoring and evaluation and for implementing corrective actions 5.3.1. Consultation at inception phase 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 line with the Bank policy on disclosure. 5.3.2. Consultation at data collection and resettlement Preparation phase 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 PAPs will be integrated into the resettlement Plan and 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. 5.3.3. Consultation at implementation, monitoring and evaluation phases Before implementation of the resettlement plan, the PAPs will be informed about their rights and options, at which point they will provide their views. The PAPs representatives will participate in the project completion workshops, to give their evaluation of the impacts of the project. They will 44 | P a g e also suggest corrective measures, which may be used to improve implementation of other subprojects. After completion of all expropriation/compensation operation s, the PAPs will be consulted in a household survey to be undertaken as a monitoring and evaluation exercise. 5.4. Eligibility criteria for various categories of PAPS 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. 5.4.1. Principles The involuntary taking of land resulting in relocation or loss of shelter; and loss of assets or access to assets or loss of source of income 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. The WB ESS5 categorizes those eligible for compensation and resettlement in three groups as shown below. a) Those who have formal rights to land including customary/communal land, traditional and religious rights 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 ESS5. Those covered under (a) and (b) above are to be provided with compensation for the land, structures, trees and crops lost, and other assistance in accordance with this RPF. Persons covered under (c) above are to be provided with compensation for assets such as structures, crops and trees 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 which is the date when the census starts. 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 other than land. It is therefore clear that all PAPs irrespective of their status or whether l have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the cut-off date. Persons who occupy the area after cut-off date are not eligible for compensation or any form of resettlement assistance. 5.4.2. Eligibility criteria for compensation Determination of the eligibility of PAPs to be compensated shall be done through a transparent and legal process, taking into consideration all the existing laws of Rwanda and the World Bank policies and local customs. Compensation will be paid only to those persons: - The process will involve review of tenure documents owned by occupants, interviews with households and groups in the affected area. Local Authorities and the Ministry in charge 45 | P a g e of lands will also help in this assignment that will be undertaken by MINEDUC Social Specialist and consultants if needed. - PAPs covered in (a) and (b) will be compensated for the land they lose, and other assistance ensuring that they are (i) informed about their options and rights pertaining to resettlement, (ii) consulted and provided with technically and economically feasible resettlement and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. - Land for land compensation will be applied to PAPs who might lose their land. All PAPs irrespective of their status or whether they have formal titles, legal rights or not, squatters or encroaching illegally on land, are eligible for assistance if they occupied the land before the entitlement cut-off date. Persons who encroach on the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance. There will therefore be a package of compensation and other resettlement measures to assist each category of eligible PAPs to achieve the objectives of the policy. Eligibility criteria will also be determined by loss of property, loss of wages and cut-off date. Anticipated Impact for the proposed project include loss of land, structures, crops and trees and a proposed entitlement matrix is given in Table 3. 46 | P a g e Table 3: Entitlement Matrix for Various Categories of PAPs Land and Type of Impact Entitled Person Compensation/Entitlement/ benefits Asset Acquired Agricultural land No displacement: Cash compensation Farmer/ title holder Cash compensation for affected land equivalent to replacement cost. The for affected land equivalent to market replacement method of valuation of assets that helps determine the amount Value Less than 20% of land holding sufficient to replace lost assets and cover transaction costs shall be applied affected, The remaining land remains Tenant/ lease holder Cash compensation for the harvest of the affected land equivalent to average economically viable. market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Displacement: Farmer/ • Land for land replacement where feasible, or compensation in cash for the More than 20% of land holding lost or Title holder entire landholding according to PAP’s choice. less than 20% of land • Land for land replacement will be in terms of a new parcel of land of holding lost but remaining land not equivalent size and productivity with a secure tenure status at an economically viable available location which is acceptable to the PAP. Transfer of the land to the PAP shall be free of taxes, registration & other costs. • Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature ) Tenant/ • Cash compensation equivalent to average of last 3 years’ market value for Lease holder the mature and harvested crop, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. • Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature; • Relocation assistance (costs of shifting + allowance). Commercial No displacement: Land used for Title holder/ • Cash compensation for affected land Land business partially affected, limited loss Business owner • Opportunity cost compensation equivalent to 5% of net annual income based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist). Business owner is • Opportunity cost compensation equivalent to 10% of net annual income lease holder based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist) Displacement: Land used for business Title holder/ • Land for land replacement or compensation in cash according to PAP’s is severely affected, remaining area business choice. Land for land replacement will be provided in terms of a new insufficient for continued use owner parcel of land of equivalent size and market potential with a secured tenure status at an available location which is acceptable to the PAP. • Transfer of the land to the PAP shall be free of taxes, registration & other costs. • Relocation assistance (costs of shifting + allowance) • Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Business person is • Opportunity cost compensation equivalent to 2 months’ net income based 47 | P a g e lease holder on tax records for previous year (or tax records from comparable business, or estimates), or the relocation allowance such as transport fees, whichever is higher. • Relocation assistance (costs of shifting) • Assistance in identifying rental/ lease of alternative land/ property (for a maximum of 6 months) to re- establishes the business. Residential No displacement: Land used for Title holder • Cash compensation for affected land Land residence partially Rental/lease • Cash compensation equivalent to 10% of lease/ rental fee for the affected, limited loss, and the remaining holder remaining period of rental/ lease agreement (written or verbal) land remains viable for present use. Displacement: Premise used for Title holder • Land for land replacement or compensation in cash according to PAP’s residence severely affected, remaining choice. area insufficient for continued use or • Land for land replacement shall be of minimum plot of acceptable size becomes smaller than minimally under the zoning law/ s or a plot of equivalent size, whichever is larger, in accepted under zoning laws either the community or a nearby resettlement area with similar physical and social infrastructure systems as well as secured tenure status. • When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. • Transfer of the land to the PAP shall be free of taxes, registration & other costs. • Relocation assistance (costs of shifting + allowance) Rental/ • Refund of any lease/ rental fees paid for time/ use after date of removal lease holder • Cash compensation equivalent to 3 months of lease/ rental fee • Assistance in rental/ lease of alternative land/ property • Relocation assistance (costs of shifting + allowance) Buildings and No displacement: Structure partially Owner • Cash compensation for affected building and other fixed assets structures affected but the • Cash assistance to cover costs of restoration of the remaining structure remaining structure remains viable for Rental/ • Cash compensation for affected assets (verifiable improvements to the continued use Lease holder property by the tenant). • Disturbance compensation equivalent to two months’ rental costs; • In cases where the loss is partial, disposition of salvage material will be exercised. • Cash payments may also be made if a small fraction of property is lost instead of replacing the whole property, but if the partial loss results in the PAPs not being economically viable then the property will be replaced. Displacement: no Displacement N/A N/A expected under proposed project Standing crops Crops affected by land PAP (whether • Where possible and does not delay to much the project implementation, acquisition or temporary acquisition or owner, tenant, or affected person will be given time to harvest their crops, easement squatter) • Where this cannot be done, cash compensation equivalent to market value for the mature and harvested crop. Trees Trees lost Title holder • Cash compensation based on type, age and productive value of affected trees plus 10% premium 48 | P a g e Temporary Temporary acquisition PAP(whether owner, • Cash compensation at replacement cost for any assets affected (e. g. Acquisition tenant, or squatter) boundary wall demolished, trees removed) Special assistance Vulnerable • Options for vulnerable people will varies depending on their specific groups/Person circumstance and their socio-economic situation and this may include but not limited to: • Training for income generation activities; • Connection to electricity at reduced cost; • Assistance in land registration if their land is affected, • Priority in employment etc; • Inclusion of affected people in other ongoing community development program such as VUP Umurenge or one cow per family. Loss of business opportunity loss of People that using or • PAPs will be entitled to transitional assistance, which include moving Loss of income rented lands renting the land expenses and livelihood targeted for school • Priority in employment in the project while waiting for employment. construction • In difficult cases, local administration and village leaders shall be used to judge eligibility for inclusion of affected people in other ongoing community development program such as VUP Umurenge or one cow per family. Loss of land, standing crops and Churches, • Compensation of land and affected structure at replacement cost, Loss of structures Community • Where possible and does not delay to much the project implementation, Community organisations and affected institution will be given time to harvest their crops, properties private company • Where this cannot be done, cash compensation equivalent to market value for the mature and harvested crop. • Cash compensation based on type, age and productive value of affected trees plus 10% premium 49 | P a g e 5.4.3. Cut-off date Compensation eligibility will be limited by a cut-off date which should be date of commencement of the census survey of PAPs. The precise cut-off date will be publicly announced by the local leaders in advance and the census of PAPs and assets inventory will commence immediately following this announcement. 5.5. Assets inventory and valuation methods This section describes the methods to be used in valuing assets that will be eligible for compensation consistent with either Rwandan laws or policies or World Bank ESS5. Law No.17/2010 of 2010 establishes and organizes the Real Property Valuation Profession in Rwanda. It provides the registration of land valuers in Rwanda and conditions for registration. The law also allows the Government to conduct valuation when mandated by their government institutions. Articles 27, 29, 30 and 31 of the law deal with valuation methods and stipulate that the price for the real property shall be close or equal to the market value. Land values could also be compared country wide. Where 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 by the law after approval of the Institute of Valuers. 5.5.1. Valuation methods Valuation methods recognized under valuation law in Rwanda include: • Use of Standard Valuation Tables The implementation of the proposed project will be done in all 30 districts and it is anticipated that a relatively large number of small-scale asset valuations will need to be carried out during the course of the project. It would therefore be cumbersome and inefficient to deploy an individual valuation expert in each and every case. Therefore, it is recommended that the independent value is hired to provide the list of properties value and this list will be used by district to calculate the compensation package for affected people when the need arises. The compensation rates / valuation tables would be developed using legally acceptable valuation procedures accepted by both the Government of Rwanda and World Bank for purposes of fairness and consistency. The approach will consider replacement costs and types and levels of compensation under the Rwanda law. Valuation of lost assets will be made at their replacement cost. • Comparison of Land/Property Values Countrywide In case there are no compensation rates, the Valuer shall compare prices by referring to the prices recently assigned to a real property that is similar or comparable to the real property subject to valuation. Where comparable prices are not available for land in a particular area, the Valuer may use comparable prices of similarly classified land from other areas of the country • 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 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 50 | P a g e management practices and thereby prevent damage. The approach involves 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. It is recommended that the replacement Cost is used as valuation methods and results can be used to prepare standardised valuation tables. This is because the Replacement cost valuation methods is recommended by ESS5 and recognised by valuation law in Rwanda. Standardized table will easy the valuation process given that small scare valuation site are scattered in different places. 5.5.2. Calculation of compensation by 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. • Compensation for Land Compensation for land is aimed at providing a farmer whose land is acquired and used for project purposes, with compensation for land labour and crop loss. For this reason, and for transparency, land is defined as an area or homestead (i) in cultivation, (ii) being prepared for cultivation, or (iii) cultivated during the last agricultural season. This definition recognizes the farmer’s labour as the biggest investment he/she makes in producing a crop which is higher than all other inputs such as seed and fertilizer. As a result, compensation relating to land will cover the market price of labour invested as well as the market price of the crop lost. • Land Measurement For purposes of measuring land, the unit of measurement would be that which is used and understood by the affected farmers and if a traditional unit of measure exists in the rural areas, that unit should be used. If a traditional unit of measurement does not exist in a particular area, then it is recommended that land should be measured in meters or any other internationally accepted unit of measurement. However, in such an event, the unit that is being used must be explained to the affected farmers/users and must somehow be related to easily recognizable land features that the 51 | P a g e communities are familiar with, such as using location of trees, stumps, etc as immovable pegs. The most important concern of this exercise is to ensure that the affected person is able to verify using his/her own standards/units of measurement, the size of land that is being lost. This will ensure transparency in the system and will thus avoid subsequent accusations of wrong measurements or miscalculation of areas. A farmer should know how much land he/she is losing, in terms of size and the replacement land must be at least of that same size and comparable value as land lost. • Calculation of Crops Compensation Rate The current prices for cash crops will be determined and all crops will be valued using a single rate considering the crop at mature age. This rate incorporates the value of crops and the value of the labour invested in preparing new land. Determining compensation using a single rate creates transparency because anyone can measure the area of land for which compensation is due and multiply that by a single rate known to all. This approach also allows assignment of values to previous year’s land (land in which a farmer has already invested labour) and land that have been planted but crops have not germinated. Further, it avoids contention over crop density and quality of mixed cropping. The value of the labour invested in preparing agricultural land will be compensated at the average wage in the community for the same period of time. The rate used for land compensation should be updated to reflect values at the time compensation is paid. Table 5 below, derives a total value for a one-hectare land from the value of the crops on the land and the value of labour invested in preparing a replacement land. Table 4: Example of method to be used to determine a monetary compensation rate for land* Item Basis of Value Rwandese Francs/ha Compensated Average of the highest 2007 official and market survey land prices per ha of staple food crops (maize, rice etc.), plus cash crops (e.g. sugar cane, corn). Labour costs of preparing a replacement land. Total Replacement value of crops plus labour. (Rwandan Francs payments will be revised to reflect crop values and labour rates in effect at the time of compensation). This example assumes a one-hectare land. Crop values will be determined on: • A combination of staple foods and cash crops. The 80/20 ratio of land that a farmer typically has in food crops and cash crops is used to determine the chances s/he would lose food crop rather than a cash crop income. • The value of stable crops to be taken as the highest market price (over 3 years) reached during the year, in recognition of the following factors: • Although most farmers grow staple crops mainly for home consumption, they always have the option of selling these crops to take advantage of the market. • Farmers most often purchase cereals when they have run out, during drought when prices are high. Compensating at a lower value might put the individual or household at risk. 52 | P a g e • On average, the highest price of stable food yields a high per hectare value reimburses for the vegetables and other foods that are commonly inter-cropped with staples, but are almost impossible to measure for compensation. • The labour cost for preparing replacement land is calculated on what it would cost a farmer to create a replacement land. This value is found by adding together the average costs of clearing, ploughing, sowing, weeding twice, and harvesting the crop. The labour costs will be paid in Rwandan Francs (FRW) at the prevailing market rates. All agricultural labour activities are included for two reasons. First, because of the need for transparency, all land labour will be compensated for at the same rate. Secondly, it is difficult to forecast when during the growing season, a farmer might need to give his/her land. In certain cases, assistance may be provided to land users in addition to compensation payments e.g. if the farmer is notified that his/her land is needed after the agriculturally critical date when he/she will not have enough time to prepare another land without assistance. In such a case, assistance will be provided in the form of labour intensive in form of community work, or labour work, so that replacement land will be ready by the sowing dates. The farmer will still continue to receive his/her cash compensation to enable him/her to pay for sowing, weeding and harvesting. The following table presents an example of a compensation schedule for a one-hectare land. The cost is based on arbitrary labour rates, which will need to be validated at the time payments are made. Table 5: Example of land compensation schedule of payments Activity Month Paid ( generic, may be different Labour in Rwandese depending on climate zones) Francs/ha Rate Cost/day x no. of days Clear March Plough May Sow May Weed May Harvest November Total • Compensation for Sacred Sites This policy does not permit the use of land that is defined to be cultural property by the Banks Environmental and Social Framework. Sacred and genocide war 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/chiefdoms the use of sacred sites for any project activity, is not permitted under this project. • Compensation for vegetable gardens Until a replacement garden starts to bear, the family displaced (economically or physically), will have to purchase vegetables in the market for daily use. The replacement costs therefore, will be calculated based on the average amount that an average town dweller spends on buying these items for one year from the local market. 53 | P a g e • Compensation for horticultural, floricultural and fruit trees Banana and Mango trees are featured here below as two examples of the set of primary fruit trees that are likely to be found in project targeted area and are estimated to account for a significant amount of all fruit bearing trees. They are primarily important as a source of: - Subsistence food for families - Cash produce that contribute to the export economy - Petty market income in some areas, and - Shade (in the case of mango trees). For banana trees, they have a relatively much shorter productive life, normally, than mango trees. For species, banana trees will not bear fruit more than once. Therefore, compensation for banana trees would be compensated at the full market rates for bananas harvested in that year and for another year. The second year payment is for the replacement cost of planting a new tree, looking after it and harvesting it which could all be done in one year. Therefore, the farmer should have restored his pre-project position by the end of the second year. This example of bananas is an example for trees/plants that have a relatively short life. Given their significance to the local subsistence economy, which this project intends to positively impact, mango trees will be compensated on a combined replacement/market value. Mango trees used for commercial purposes will be compensated at market value based on historical production records. If households chose to resettle, they will be compensated for the labor invested in the trees they leave behind, because they will continue to own the trees left behind under customary rights. It is not uncommon for individuals to own trees in other villages in which they formally lived and, in some cases, to continue to harvest fruit from those trees for subsistence purposes and/or sale to traders. If a household chooses to transfer ownership of the trees, transfer costs will be paid in addition to labor costs. The compensation rate will be based on information obtained from the socio-economic study. From this study, a compensation schedule for mango trees can be developed incorporating the following goals: - Replace subsistence mango production yields as quickly as possible. - Provide subsistence farmers with trees to extend the number of months of the year during which mangoes are produced and can be harvested as a supplemental source of food for their families during their “hungry season”. - Provide farmers with the opportunity to derive additional production income from trees bearing more valuable fruits at offseason periods. - Provide cash payments to farmers to replace pre-project income derived from the sale of excess mango production until replacement trees produce the equivalent (or more) in projected cash income. The compensation schedule is based on providing a combination of new grafted and local trees to farmers, as well as cash payments to offset lost yearly income. The schedule could assume 54 | P a g e the following (the figures in Rwandese Francs (X no.) to be determined in the socio-economic study): Table 6: Fruits Compensation Local Mangoes Estimated Avg. Fruit Yield (kg) of Mature tree 800 to 1,300 kg/year Estimated Yield used Ten sacks(1,000kg)/tree/year Market Price, Rwandese Franc/kg Height of harvest season (March/April) Rwandese Franc/kg End of season (late May) Price used as basis of this estimate 80% height of season;20% end of season Years to Production Six to seven Years to Maximum Production Twenty Costs of Sapling RWANDESE FRANC, locally available Grafted Mangoes Estimated Avg. Fruit Yield (kg) of Mature tree 800 to 1,300 kg/year Estimated Yield used Almost entire yield due to market value Market Price, (varies according to variety) Rwandan Franc /kg Height of harvest season (June/September) Price used as basis of this estimate Price per fruit or sac (100kg) as quoted by growers Years to Production four to five Years to Maximum Production Eight Costs of Sapling Rwandan Franc, not locally available. Table 7: Proposed Schedule for Mango Trees Cut Down Type/Age of Tree Est. In-kind replacement for Credits/Financial Support Years Local Mangoes Sapling 0-1 Deliver to Farmer: Rwandan Franc Trees planted after Choice of two mango trees project (local and/or improved cut-off date in area will grafted) not be eligible for Supplies: fencing to protect compensation Tree, a bucket for watering, and a spade. Sapling/Young Tree 1-6 Deliver to farmer: Equivalent of X no. Rwandan Franc First minor production Choice of two mango trees in credits or other financial support 12-50 fruits occurs (local and/or improved for labour invested in planting, about age 4-5 grafted) fencing, and watering, made in one Supplies: fencing to protect payment. Tree, a bucket for watering, and a Spade Mango Trees 6-30+ Deliver to farmer: Equivalent of X no. Rwandan Franc Fruit Producing Choice of two mango trees in credits or other financial support (local and/or improved for labour invested in planting, grafted) fencing, and watering, made in one Supplies: fencing to protect payment. Tree, a bucket for watering, Equivalent of X no. Rwandan Franc and a in credits or other financial support, Spade representing eight years, (8 years’ x 10 sacks x Rwandan Franc /sack) lost income/subsistence until replacement trees begin production. This rate to be agreed by farmers. Total: Equivalent of X no. Rwandan Franc in cash or equivalent financial support to be paid in one instalment. Mature Trees – Low or 30+ Same as for mature trees Same as above 55 | P a g e Non- Fruit Producing above • Other domestic fruit and shade trees As defined in this policy, individuals will be compensated for wild trees which are located in their land. Wild productive trees belong to the community when they occur in the bush as opposed to fallow land. These trees will be compensated for under the umbrella of the community compensation. Table 8: individual compensation Sub-Category Unit Compensation Value ( X no. of Rwandan Francs) foodstuffs & others(e.g. To be determined cocoa) Rubber, wood, timber To be determined Domestic Fruit Trees Avocado Non-productive Productive Plantain Non-productive Productive Lemon Non-productive Productive Grapefruit Non-productive Productive Papaya Non-productive Productive Shade Trees Young Adult Individual owned wild productive trees Palm Kernel Non- productive Productive Coconut Non- productive Productive Mango Trees 2 saplings & equipment 0-1 year 1-6 years 2 saplings & equipment 6+ years Catch Demonstrable loss according to case Kitchen Garden Beehive No compensation will be paid for minor pruning of trees. Compensation for removal of limbs will be prorated on the basis of the number of square meters of surface area removed. The total surface area of the tree will be calculated using the following formula: (½ diameter of canopy) 2 x 3.14. 5.5.3. Preparation of Asset Inventory and PAPs identification In order to prepare for compensation and other resettlement benefits, it is imperative that a comprehensive asset and affected persons inventory in the designated areas for the different project components is done. The inventory will specify the different assets, properties affected in each plot of land and their owners. The Land Valuation Bureau which is the entity responsible for undertaking valuation of assets will be responsible for the valuation exercise and will therefore provide independent valuation experts. The valuation document will indicate when the affected person will be notified, and that the inventory will not be official until a second signed 56 | P a g e copy, verified by project supervisory staff, is returned to the affected person. As part of asset inventory and PAPs identification, mobilisation meeting should be held where potential PAPs will be given information on, PAPs rights and obligations, assets inventory, PAPs identification Procedures, Valuation methods as well as information on Grievance Redress Mechanism(GRM). The RAP consultant will work hand in hand with the local leaders of the area to provide information to PAPs. • Assets inventory Procedure At each affected land/plot, the Property Valuer will take careful count of all crops and trees. In addition, the Valuer will count and measure all the affected land, buildings / structures in the presence of the affected person and a local leader. If the household does not have a person who can read the assets inventory form, they will be requested to identify trusted member of the community to assist them and the cost required will be provided by the project. A Compensation Assessment Form will be filled to record all the properties affected. The licensees or sharecroppers’ crops will also be noted and recorded on a separate Compensation Form bearing the names of the licensee or sharecropper. The property of the sharecropper/licensee will be recorded in the presence of the landowner, the licensee/sharecropper and the area leader. All the participating parties will verify the contents of the Compensation Assessment Form and will thereafter append their signatures to this form. The affected persons will take a copy of the Compensation Assessment while the original will be retained by the Valuer. • Land Survey A Land Surveyor will demarcate the boundary of the project land required for acquisition. He will then demarcate individual affected property so as to determine the different land areas/sizes acquired from each PAP. The surveyor will work hand in hand with the affected persons, other community members and the Local Authorities Cell Executive Secretary and village (‘mudugudu) leader’). This is mainly for purposes of transparency and confirming land boundaries and ownership of the affected property. In cases where the land owners will be absent, family members, caretakers or spouses will be encouraged to be present and represent the household. The land inventory will specify the different customary tenures under which the different affected plots of land fall (e.g. customary, leasehold, freehold etc.). • Socioeconomic Profile of each PAP The socio-economic survey will reveal a substantial amount of information on the economy and social organization of the affected community. The Resettlement Expert is expected to review this data so as to identify appropriate and sustainable interventions. Special attention will be paid to the needs of vulnerable people among the PAPs especially households with incomes below the national poverty line, including the landless, elderly, disabled, women, children, and other disadvantaged groups. Given the little number of affected people, a simplified questionnaire will be prepared and used to collect information on affected people. For these reasons, the project sponsor should bear in mind that resettlement may provide opportunities to an affected community to improve housing, public infrastructure and services and to engage in land use planning that contributes to the long term development objectives. 57 | P a g e 5.5.4. Forms of Compensation Individual and household compensation will be made in cash, in kind, and/or through assistance. The type of compensation will be an individual choice although every effort will be made to instil the importance and preference of accepting in kind compensation if the loss amounts to more than 20% of the total loss of subsistence assets. Compensation payments raises issues regarding inflation, security and timing that must be considered. One purpose of providing in- kind compensation is to reduce inflationary pressure on the cost of goods and services. Local inflation may still occur and thus market prices will be monitored within the time period that compensation is being made to allow for adjustments in compensation values. The issue of security, especially for people who will be receiving cash compensation payments should to be addressed by the local administration. The RPF has provided an entitlement matrix that shows type of compensation for each category. 5.5.5. Consultation and Participatory Approaches For all stages of the resettlement plan all the relevant stakeholders including the PAPs will be consulted and sensitized. This will be done through a series of individual and public meetings. All types of compensation and valuation principles to be followed will clearly be explained to the individuals or households involved. A participatory approach will be adopted for all meetings. Stakeholders and PAPs will be given a chance to freely participate in the meetings and to raise any queries, concerns or questions. All concerns raised will be taken into consideration when preparing the Resettlement Action Plans. 5.5.6. Disclosure and notification All eligible PAPs will be informed about the project and the resettlement process. Disclosure and notification of entitlements will be carried out by the compensation teams responsible for implementing the respective Resettlement Plans RAPs to enable the dissemination of the results of the land and property compensation assessment process. The individual household database will be updated after individual consultation disclosure. A cut-off date is established as part of determining PAPs eligibility. In special cases where there are no clearly identifiable owners or users of the land or asset, the Resettlement team must notify the respective local authorities and leaders. A “triangulation” of information – affected persons; local leaders and representatives – may help to identify eligible PAPs. 5.5.7. Documentation and verification of land and other assets The inventory of all assets and persons shall be compiled in a Valuation Report and a strip map which shall be submitted to the district and subproject. A Resettlement Plan Report shall also be prepared and submitted to the World Bank, as financier of the project, for approval. The Resettlement Plan report will contain all the necessary personal information on the PAPs and their household members; their total land holdings; inventory of assets affected; and demographic and socio-economic information for monitoring of impacts. The list of PAPs will also identify individuals/households that are vulnerable to adverse impacts. The verification of ownership of land and other assets shall be done with the help of local authorities, neighbours, clan members, family members and documents like land titles and land sale agreements. At this stage GRM committees should be in place and involved in resolution of complaints that may 58 | P a g e arise from RAP preparation process including those related to assets inventory and PAPs identification. A form (Consent Form) detailing the quantities of the affected properties and the total compensation shall be signed by each PAP and witnessed by a spouse, or child above 18 years or any other person as chosen by the PAPs. In addition, the property valuer, the respective village leaders, the implementing agency’s representative and representatives of the Sector and Cell will also append their signatures to the consent form. The form shall be also signed by the respective district mayor for approval. The implementing agency will keep all copies of the documentation of the whole process. The documents will be referred to during monitoring and evaluation of the resettlement activities. The RAP implementing team shall consider several aspects for proof of eligibility and these will include among others the following: Identity Card or passport or the replacement document provided by local government. Consultations with and witnesses like local authorities (Sector/Cell Land Committees and Community leaders, neighbours, family members, elders and the general community will also be undertaken and a copy of Identity Card and a copy of bank cheque or book to prove the right beneficiaries. Identity Card and the Account number of the eligible PAPs will be attached to each PAPs file. This will ensure that the right beneficiaries of the project are compensated. 5.5.8. Individual / household compensation Individual and household compensation will be made in cash, in kind, and/or through assistance. The type of compensation will be an individual choice. However, PAPs will be advised on the importance of accepting in-kind compensation especially when more than 20% of the land has been affected as stated in ESS5. All in kind compensation will be handed over to the PAP in the presence of the local leaders (Sector, Cell and village/ mudugudu), district representatives and representatives of the implementing agency. 5.5.9. Procedures for delivery of compensation It is recommended that compensation be made through reputable local banks. This will ensure security of the PAPs money especially for those receiving large sums. Forms acknowledging receipt of the compensation packages shall be signed by each PAP 5.6. Voluntary land donation and commercial transaction Some schools will acquire land for classrooms and latrines construction through land donation or land exchange. According to WB ESS5 land may be acceptable providing the Borrower demonstrates that: (a) the potential donor or donors have been appropriately informed and consulted about the project and the choices available to them; (b) potential donors are aware that refusal is an option, and have confirmed in writing their willingness to proceed with the donation; (c) the amount of land being donated is minor and will not reduce the donor’s remaining land area below that required to maintain the donor’s livelihood at current levels; (d) no household relocation is involved; (e) the donor is expected to benefit directly from the project; and (f) for community or collective land, donation can only occur with the consent of individuals 59 | P a g e using or occupying the land. The Borrower will maintain a transparent record of all consultations and agreements reached. The land identified for donation is mainly organizing land such land owned by churches. This section provides details on standards and documentation required in the case the land, where the project will be implemented, is obtained via Voluntary land donation. 5.6.1. Protocol for Voluntary Land Donation Schools including voluntary land donation will not be supported under this project if they would significantly harm incomes or living standards of individual owners or users. During project implementation district multi-stakeholder’s committee (“Committee”) will be established to oversee the process and ensure that voluntary land donations process is followed and implemented. The process will include the following protocols: • Official information and initial assessment determining the appropriateness of VLD in the circumstances of the project. Record and documentation on the reasons why donation of land is appropriate for the project. For such documentation, the following details will be considered: o What the land will be used for; o How much land the project will require on both a permanent and temporary basis; o How much of the land will be donated compared to the total land owned; o What alternatives to donation exist (e.g., right of use, right of way); o The terms of the donation; o The identities of the parties who intend to donate as well as users of the land to be donated; o The beneficiary of the donation; o Assessment of vulnerability of people who want to donate the land and; o Any details that are relevant to why donation may be appropriate • Verification of voluntary donations The following conditions will be confirmed by the Committee including the village chief. o Confirmation that affected people agree to donate land or asset, based on a face to face meeting; o No one would lose more than 5% of the total productive assets. o The total land holding of the affected person should be 200m2 or more. o No physical relocation necessary. • Initial Village Consultation. Under the village head leadership, a consultation process will be launched to invite different interest parties, including land owners to discuss and ratify the appropriateness of the voluntary basis of land donation. 5.6.2. Transferring and formalizing the land. The land law includes very clear procedures that explain the process that should be followed to transfer the land, and appropriate ways to formalize the respective transfer. The process 60 | P a g e includes consideration of the legal and administrative requirements based on Rwanda legal framework. 5.6.3. Verification process (surveys) to identify land ownership and use. Ministry of education and District Land Bureau will carry out specific surveys to understand the type of land rights that exist in the project area, and to identify any particular issues relating to land ownership and use. Specific surveys must be conducted on each parcel of land proposed for donation to identify: o The owner or owners of the land; o The users of the land, or any parties that occupy the land (either physically or through ownership of an asset or conduct of livelihood or business activities on the land); o Any competing claims of ownership or use; o Structures and assets on the land; o Any encumbrances on the land. It is important to: (i) identify the right that is being transferred (an ownership right, a use right, a right of way, etc.); and (ii) check whether the transferee actually has the right s/he claims to have. In many circumstances where careful due diligence has not been carried out, significant conflict has arisen at a later stage when another party claims that they have the same or a competing right. In some circumstances – but not all – the transferee will have documentary evidence of such right. Where no such evidence exists, the due diligence can establish rights by speaking with local community officials and neighbours. 5.6.4. Public consultations and disclosure The decision to donate must be taken on the basis of a full understanding of the project and the consequences of agreeing to donate the land. Accordingly, the parties that will be affected by the donation (the owners and users of the land) must be provided with accurate and accessible information regarding what the land will be used for, for how long, and the impact the donation will have on them and their families. It is important that prior written notification indicating the location and amount of land that is sought be provided and that its intended use for the project is disclosed. Where the intention is to deprive the parties affected by the donation of the land permanently, or for a significant length of time, this must be made clear. It is also important to decide who else should be consulted about the proposed donation; for example, spouses and older children. The cost associated with the land donation shall be covered by the project. This could include measurement costs, documentation and notarial fees, transfer taxes, registration fees. It should also include the costs of re-measuring/re-titling the transferee’s remaining land and any new documentation relating to it. 5.6.5. Establishing informed consent MINEDUC in coordination with district land Bureau will verify the informed consent or power of choice by the people who would donate land or asset. In particular, the following will be verified and documented in the voluntary donation report: 61 | P a g e o What the land is going to be used for, by whom and for how long; o That they will be deprived of the ownership or right to use the land, and what this really means; o That they have a right to refuse to donate the land; o Whether there are alternatives to using this land; o What they will need to do to donate the land (e.g., execute documents, get spousal consents, pay taxes); o The effect of the donation on their family, and what they can do if they (or their family or heirs) want the land back. o All conditions provided in the para 2 above. The right to refuse must be a legitimate right, unconditional, and the potential transferee must be capable of exercising it in the local community and political context. For this reason, it is important to be sure that the decision to donate is undertaken without coercion, manipulation, or any form of pressure on the part of public or traditional authorities. For collective or communal land, donation must be based upon the informed consent of all individuals using or occupying the land. 5.6.6. Proper documentation. During the VLD process, it is important to distinguish between: (a) the agreement to donate the land; and (b) the document that carries out and evidences the legal transfer of the land. While it is important to have evidence of an intention and agreement to donate the land, it is equally important to ensure, where required and appropriate, that the land is legally transferred. While the process relating to the legal transfer of the land is frequently complicated and time consuming, it must be addressed. [In specific circumstances, for example where the land is being transferred to the community, it may not be necessary to legally transfer the land. However, experience indicates that lack of formal transfer can create significant uncertainty in the future, which impacts on the sustainability of the infrastructure and services, and can have a negative effect on community relations.] (see form 1 VLD, for reference) MINEDUC should: o Identify the appropriate documentation, including the agreement to make the transfer and any legal documentation that may be required; o Ensure that the agreement: - Refers to the consultation has taken place; - Sets out the terms of the transfer; - Confirms that the decision to transfer was freely made, and was not subject to coercion, manipulation, or any form of pressure; - Attaches an accurate map of the land being transferred (boundaries, coordinates); - Indicate that the project will bear the costs of the transfer (e.g., notarial fees, taxes, title issues) and documenting the residual land rights; o Ensure that all necessary parties sign the documents, including obtaining consent from spouses and children over a certain age; o Ensure that the transfer and title is registered or recorded; and 62 | P a g e o Ensure that the land remaining after the donated land is excised is properly titled, registered or recorded. It is also important to maintain a record of the process that has been followed. Such documents could include the following: o The notification indicating the location and amount of land that is sought and its intended use for the project, with a record of when and where this was made public; o Records of the consultations that were held and what was discussed; o A copy of the due diligence that was conducted; o Copies of each of the formal statements of donation, establishing informed consent as described above, and signed by each owner or user involved; o Copies of all documents, registrations or records evidencing the legal transfer of the land; o A map, showing each parcel of land. The project implementing agency should maintain a record with documentation for each parcel of land donated. Such documentation must be available for World Bank review, and for review in relation to any grievances that may arise. The project specifies means by which donors (and, potentially, persons whose use or occupancy was not recognized in the transfer of land) may raise grievances, and measures to ensure consideration of, and timely response to, grievances raised. The grievance process includes participation of reviewers not directly affiliated with the project implementing agency. The grievance process imposes no cost upon those raising grievances, and participation in the grievance process does not preclude pursuit of legal remedies under the laws of the country. 5.7. Resettlement Plan Grievance Redress Mechanism Impacts on property by Project activities could be inevitable and may give rise to grievances among affected people. This could vary from rates of valuation, compensation eligibility criteria and actual compensation payments. Timely redress or resolution of such grievances is vital to ensure successful implementation of the project. Grievance mechanisms provide a way to reduce risk for projects, provide an effective avenue for expressing concerns and achieving remedies for communities, and promote a mutually constructive relationship and enhance the achievement of project development objectives. Grievance mechanisms are increasingly important for project where ongoing risks or adverse impacts are anticipated. They serve as a way to meet requirements, prevent and address community concerns, reduce risk, and assist larger processes that create positive social change. 5.7.1. Community expectations when grievances arise When local people present a grievance, they generally expect to receive one or more of the following: o Acknowledgment of their problem o An honest response to questions about project activities o An apology o Compensation o Modification of the conduct that caused the grievance o Some other fair remedy. 63 | P a g e In voicing their concerns, they also expect to be heard and taken seriously. Therefore, the SPIU must convince people that they can voice grievances and the project will work to resolve them. 5.7.2. Anticipated grievances during the implementation of proposed project Potential grievances and disputes that arise during the course of implementation of the resettlement and compensation program for proposed project may be related to the following issues: - Inventory mistakes made during census survey as well as inadequate valuation of properties; - Mistakes related to identification and disagreements on boundaries between affected individual(s) and specifying their land parcels and associated development; - Disagreements on plot/asset valuation; - Divorces, successor and family issues resulting into ownership dispute or disputes shared between heirs or family; - Disputed ownership of a given assets (two or more affected individual(s) claim the same); and - Where affected individual(s) opt for are settlement based option, disagreement on their settlement package (the location of the resettlement site does not suit them). Despite best efforts with regard to the public consultation and community relations, there will be times when the developer and PAPs disagree. Affected persons will be informed of their rights to raise grievances via Resettlement information sharing initiatives. Mechanisms will be put in place to ensure that grievances are recorded and considered fairly and appropriately. 5.7.3. Procedures and timeframe There is no ideal model or one‐size‐fits‐all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, local customs, and project conditions and scale. In its simplest form, a grievance mechanism can be broken down into the following primary components: o Receive and register a complaint; o Screen and validate the complaint; o Carry out the investigation on complaint; o Formulate a response; o Select a resolution approach, based on consultation with affected person/group. o Implement the approach. o Settle the issues. o Track and evaluate results. o Learn from the experience and communicate back to all parties involved. 5.7.4. Grievance Prevention There are ways to proactively solve issues before they even become grievances. PIU should be aware and accept that grievances do occur, that dealing with them is part of the work, and that they should be considered in a work plan. Implementers should do the following: • Provide sufficient and timely information to communities 64 | P a g e Many grievances arise because of misunderstandings; lack of information; or delayed, inconsistent or insufficient information. Accurate and adequate information about a project and its activities, plus an approximate implementation schedule, should be communicated to the communities, especially PAPs, regularly. Appropriate communication channels and means of communication should be used. • Conduct meaningful community consultations. MINEDUC will continue the process of consultation and dialogue throughout the implementation of the subproject. Sharing information, reporting on project progress, providing community members with an opportunity to express their concerns, clarifying and responding to their issues, eliciting community’s views, and receiving feedback on interventions will benefit the communities and the project management. • Build capacity for project staff, particularly community facilitators and other field‐ level staff. The local leaders and MINEDUC staff should be provided with adequate information on the project such as project design, activities, implementing schedules, and institutional arrangements as well as enhanced skills in effective communication, understanding community dynamics and processes, negotiation and conflict resolution, and empathizing with communities and their needs. Building trust and maintaining good rapport with the communities by providing relevant information on the project and responding effectively to the needs and concerns of the community members will help solve issues before they even become grievances. It is also important that local leaders and field ‐level staff provide regular feedback on their interactions with the communities to the higher levels of the implementing agencies. 5.7.5. Grievance redress process At the time that the individual resettlement plans are approved and individual compensation contracts are signed, affected individuals and homesteads will have been informed of the process for expressing dissatisfaction and to seek redress. The grievance procedure will be simple and administered as far as possible at the local levels to facilitate access, flexibility and ensure transparency. MINEDUC in collaboration with Districts will make every effort to achieve an amicable settlement of all identified resettlement issues under the resettlement Plan at the community and then Project level. If this attempt fails, the PAP may at his/her grievance to local leaders, mediators at cell and sector levels and court. The proposed redress procedure and mechanisms will be presented to and discussed with the PAPs at the early stages of the RAP preparation process. In order to effectively collect all grievances from the potential PAPs, a specific site(s) may be designated for timely depositing and collection of all complaints. The PAPs can deposit complains orally (these shall be properly documented at the moment of depositing complain at the designated site) or in writing. All the grievances will be channelled to the existing structures in Rwanda for handling grievances beginning with the local leader of the affected people as the first stop before resorting to mediators (Abunzi) at cell, sector level and the Rwanda Courts of Law as the last resort. A grievance log will be established by the project and copies of the records kept with all 65 | P a g e the relevant land authorities at the district, sector and village level and will be used in monitoring of complaints. These will ensure equity across cases, eliminate nuisance claims and satisfy legitimate claimants. 5.7.6. Mechanism of GRM for the Project All grievances concerning non-fulfilment of contracts, levels of compensation, or seizure of assets without compensation should be addressed to the local leader/committee for resolution. As is normal practice under customary law, all disputes in communities are solved by the leaders after a thorough investigation of the facts using the services of his officials. The grievances are first to be addressed to Resettlement and compensation committee and then local leaders the local leaders at the cell and sector level, if not satisfied he or she shall continue to District Land Bureau (DLB), if not satisfied she or he shall forward the grievance to civil courts of law. Given that the number of affected people is expected to be little, maximum 3 per site it is recommended to have a site GRM committee and another committee at District level. These committees will be supported by village leaders, school’s management and MINEDUC SPIU. The Proposed Grievance Redress Mechanism for implementation process is as follows: • Once, Project Affected Persons (PAPs) raises a complaint or a dispute, site committee and school management will address the grievances through public hearings and meetings. Some complaints may require closed door hearing especially those related to personnel information which should not be disclosed to general public. • If the site committee and school management are not able to address the complaints, their will forward it to district committee. • If not satisfied he or she shall forward the grievance at cell level, all grievances will be heard by the already in place cell-level mediators (abunzi) whose work is to hear disputes, especially land disputes and complete a Grievance Form which will be signed by mediator leader and the PAP/complainant. The abunzi, or mediation committees, have a mandatory jurisdiction over disputes involving amounts less than five million FRW, which means disputes over the latter amount, will not be handled by them. The Abunzi also have mandatory jurisdiction over succession and boundary disputes involving less than five million Rwandan Francs (Frw). • The abunzi at cell level will be used in the project as the first step for resolving disputes and grievances regarding resettlement and compensation processes. This is because Abunzi is the existing structure established by the GoR to mediate all disputes with amount not over than five million Rwandan Francs at cell level as well as sector level. The affected person has the right to submit the complaint at cell and she or he can appeal at sector level if unsatisfied by cell level mediator’s decisions. The PAP should expect a response from the mediators within seven (7) days of filing the complaint at each mediation levels (cell and sector). 66 | P a g e • If there is no resolution to the grievance, the complainant has the option to pursue appropriate recourse via judicial process in Rwanda. Courts of law will be a “last resort” option, in view of the above mechanism. • Notwithstanding that the grievance redress mechanism accepts that the compensation and resettlement plans will be (contracts) binding under statute, but it also recognizes that customary law is the law that governs land administration and tenure in the rural/village areas, i.e. areas outside Kigali, and is what most Rwandans living in these areas are used to and understand. The Grievance redress mechanism is designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time. All attempts would be made to settle grievances. Those seeking redress and wishing to state grievances would do so by notifying their local leaders or the appropriate district authority will in turn inform and consult with MINEDUC, homestead/household representatives and leaders and other records to determine a claims validity. If valid, the local leader or the appropriate district authority will notify the complainant and it will be settled. If the complainants claim is rejected, then the matter will be brought before the law courts for settlement. The decision of the lowest court (i.e. Magistrate or high court) would be final and all such decisions must be reached within a full growing season after the complaint is lodged. This is designed to ensure a speedy and affordable adjudication. If a complaint pattern emerges, Implementation unit, the district administrations, with the local leaders will discuss possible remediation. The local leaders will be required to give advice concerning the need for revisions to procedures. Once they agree on necessary and appropriate changes, then a written description of the changed process will be made. MINEDUC, the district administrations and the local leaders and representatives will be responsible for communicating any changes to future potential PAPs when the consultation process with them begins. MINEDUC progress report to the Bank will also contain GRM report and Bank will carry out due diligence as appropriate. 5.7.7. Steps of the grievance process - Step 1: Receipt of complaint 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. - Step 2: Determination of corrective action If in their judgment, the grievance can be solved at this stage, the grievance will be reviewed by MINEDUC and will determine a corrective action in consultation with the aggrieved person. A description of the action; the time frame in which the action is to take place; and the party 67 | P a g e responsible for implementing the action will be recorded in the grievance database. Grievances will be resolved and status reported back to complainants within working 30 days. If more time is required, this will be communicated clearly and in advance to the aggrieved person. Relevant details of grievances, with outcomes, will be made available to the affected parties through personal notification. The preferred course of action will be discussed with the person bringing the grievance. Wherever possible, grievances will be resolved at this level within seven (7) working days. For cases that are not resolved within the stipulated time, detailed investigations will be undertaken and results discussed in the meeting with affected persons which has to take place within seven (7) working days. In some instances, it may be appropriate to appoint independent third parties to undertake the investigations. Written agreement to proceed with the corrective action will be sought from the complainant (e.g. by use of an appropriate consent form). If no agreement is reached, Step 2 will be re-visited. - Step 3: Implementation of corrective action Agreed corrective actions will be undertaken by the Project implement agency or its contractors not more than three 3 days. The date of the completed action will be recorded in the grievance database To verify satisfaction, the aggrieved person will be approached by the PIU to verify that the corrective action has been implemented. A signature of the complainant will be obtained and recorded in the log and/or on the consent form (see Step 2). If the complainant is not satisfied with the outcome of the corrective action additional steps may be undertaken to reach agreement between the parties. If additional corrective action is not possible alternative avenues maybe pursued. - Step 4: Action by Grievance Committee (Mediator at cell and sector level) If MINEDUC and the PAP cannot solve the grievance, it will be referred to relevant parties such as local leaders and Mediators (abunzi) for consultation and relevant feedback provided. If the complainant remains dissatisfied and a satisfactory resolution cannot be reached, the complaint will be handled by the Grievance Committee. A dedicated Grievance Committee starts by established cell level mediators and sector level mediators to assess grievances that arise from disputes. The Grievance Committee will resolve the complaint within fourteen (14) working days. If satisfied, the complainant signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is not satisfied however, the complainant notes the outstanding issues, which may be re-lodged with the Grievance Committee or the complainant may proceed with judicial proceedings. The effectiveness of the Grievance Committee will be evaluated during the periodical performance reporting and as part of the post RPF/RAP evaluations. It should be noted that all the documentation that is as a result of grievance redress should kept safely by MINEDUC with copies at the District headquarters for further reference in case need arises. In case of failure to agree on compensation, the individual PAP has the right to take his/her case to the civil court for litigation. In this grievance redress process, it is important to note that the timeframe will depend on number of complainants and complexity of the 68 | P a g e grievances. However, the PIU shall work closely with the PAPs and their local leaders to minimize backlog of complaints. 5.7.8. Grievance Log The GRM Committee 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. 5.7.9. Monitoring Complaints The monitoring of complaints will be done by districts and SPIU at MINEDUC on regular basis. The monitoring team 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. 5.8. Approval of Resettlement Plans In Rwanda involuntary resettlement is governed by expropriation law and valuation law. Both laws do not have provisions on Resettling Plan preparation and approval. Instead, the expropriation defines the process of expropriation and valuation while the resettlement impacts are assessed together with the EIA report. The chapter III of the law n° 32/2015 of 11/06/2015 relating to expropriation in the public interest expropriation law defines steps to be undertaken for expropriation as follows: 5.8.1. Organs determining projects of expropriation in the public interest Organs which determine projects of expropriation in the public interest are the following: 1) the executive committee at the district level, in case such activities concern one district; 2) the executive committee at the level of the City of Kigali, in case such activities concern more than one district in the boundaries of the City; 3) the relevant ministry, in case planned activities concern more than one district or if it is an activity at the national level, subject to provisions of item 2° of this Article. 5.8.2. Organs supervising projects of expropriation in the public interest Organs in charge of supervising projects of expropriation in the public interest are hereby established as follows: 1) the committee in charge of supervision of projects of expropriation in the public interest at the district level where the project concerns one district; 2) the committee in charge of supervision of projects of expropriation in the public interest at the City of Kigali level where the project concerns more than one district within the 69 | P a g e boundaries of the City; 3) the committee in charge of supervision of projects of expropriation due to public interest at the national level where the project concerns more than one district or it is a project at the national level, subject to the provisions of item 2° of this article. 5.8.3. Organs approving expropriation in the public interest The organs approving expropriation in the public interest are the following: - at the district level, it is the district council after considering the recommendation of the committee in charge of supervision of projects of expropriation in the public; - at the level of the City of Kigali, where the project concerns more than one district within the boundaries of the City of Kigali, it is the council of the City of Kigali after considering the recommendation of the committee in charge of supervision of projects of expropriation in the public interest at the level of the City of Kigali; - at the level of more than one district, the ministry in charge of land, upon proposal by the committee in charge of supervision of projects of expropriation in the public interest at national level subject to provisions of item 2 of this Article. A ministerial order shall be used; - At the national level and in case of activities related to security and national sovereignty, the Prime Minister’s Office upon proposal by the committee in charge of supervision of projects of expropriation in the public interest at the national level by way of a Prime Minister’s order. 5.8.4. Procedure for expropriation in the public interest Procedures for expropriation are as follows: - Request for expropriation in the public interest by project proponent/ developer; - Consideration of the relevance of the project proposal for expropriation in the public interest by relevant committee. - Decision on the relevance of a project of expropriation in the public interest; - Approval of expropriation in the public interest; - Publication of the decision on a project for expropriation in the public interest; - Valuation of assets and agreement on compensation measures; - Compensation. For the proposed project the preparation, approval and implementation of resettlement Plan shall be done in accordance to the organic law on expropriation for public interests but also in compliance with World Bank ESS5. Resettlement Plan prepared under this project will be reviewed and cleared by the Bank. Once the Resettlement Plan has been finalized and cleared it will be publicly disclosed by MINEDUC and the World Bank shall also make the Resettlement Plan RAP available to the public through its Info-Shop. 5.8.5. Resettlement Plan Implementing Agencies Per as national laws, only government is authorized to expropriate land owners for public interest and the valuation of assets should be done by independent valuar. To this end, MINEDUC will work with local administration in the entire process of Resettlement preparation and Implementation. SPIU in MINEDUC will have overall responsibility of monitoring and evaluating the resettlement and compensation activities while the World Bank shall periodically 70 | P a g e supervise the resettlement and compensation action plan activities to ensure compliance with the RPF/RAP provisions. 71 | P a g e VI. COMMUNITY ENGAGEMENT Community engagement is a vital component of the resettlement process. The consultation and engagement 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, are addressed in the RPF and resettlement Plan process and will be considered during project design refinement. Given that the project affected people and affected community are not well identified, this Resettlement Framework provides a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring. It provides also feedback on initial consultation held with key stakeholders and the list of people consulted and to be consulted during its implementation. 6.1. Public consultation 6.1.1. Overview Public consultation and stakeholder engagement is the basis for building strong, constructive, and responsive relationships that are essential for the successful management of a project’s environmental and social impacts. Stakeholder engagement is an on-going process that involves the following elements; stakeholder analysis and planning, disclosure and dissemination of information, consultation and participation, grievance mechanism and on-going reporting to affected communities. 6.1.2. Purpose - To prepare communities on potential emergency scenarios that could be caused by the project and can affect the community. - To build a trusting relationship with the affected communities and other interested stakeholders based on a transparent and timely supply of information and open dialogue. - To ensure effective engagement with local communities and other key stakeholders throughout all phases of the project. - To actively build and maintain productive working relationships, based on principles of transparency, accountability, accuracy, trust, respect and mutual interests with affected communities and other stakeholders. - To get input on impacts and mitigation design. 6.2. Public consultations and participation Public participation and community consultation has been taken up and should continue to be an integral part of social and environmental assessment process of the project. Consultation is used as a tool to inform project affected people, beneficiaries and stakeholders about the proposed activities both before and after the development decisions are made. It assisted in identification of the problems associated with the project as well as the needs of the population likely to be impacted. This participatory process helps in reducing the public resistance to change and enabled the participation of the local people in the decision making process. Initial Public consultation has been carried out with key 72 | P a g e institutions involved in project implementation and land acquisition. Further consultation are planned during the preparation and implementation of Resettlement Plans. The objectives of those consultations is to minimize probable adverse impacts of the project and to achieve speedy implementation of the project through bringing in awareness among the community on the benefits of the project. 6.3. Stakeholders Key stakeholders have been identified and initial discussions held with decision making bodies, key stakeholders, sector institutions and specialist experts were made on the very concepts and nature of the proposed project, giving emphasis on levels of public participation, role of key stakeholders and joint contributions of these actors to the success of the project. In addition, the scope of the proposed project and possible means of maximizing local communities’ social, economic and environmental benefits from the project implementation were underlined. Key stakeholders identified for consultation during preparation and implementation of Resettlement Plans include but not limited to the following: At national level: - Ministry of Environment(MoE); - Rwanda Environment Management Authority (REMA) - Rwanda Development Board (RDB). - Rwanda Land Use and Management Authority At local level: - Districts officials; - School head teachers; and - Potential Project Affected People(PAPs)/parents of pupils. List of consulted people and those to be consulted during Resettlement process is provide in Annex. 6.4. Public participation – methods and process During the Public consultation, the study team applied different participatory methods, namely; interviews, one-to-one discussions, focused group discussions (FGD) and official meetings with stakeholders. Stakeholders consulted were informed on the proposed project and by using the key guiding questionnaires, the study was able to guide discussions and obtain relevant information on the likely impacts of the project activities. 6.5. Disclosure of resettlement Instruments The WB disclosure policies require that RPF as well as Resettlement Plan are disclosed in country and at World Bank infoshop. These reports should be made available to project affected groups, local NGOs, and the public at large. Public disclosure of safeguards instruments such EIA and resettlement decisions, is also a requirement of the Rwanda’s environmental procedures. MINEDUC will disclose this Resettlement Policy Framework, by making copies available at its head office and at Districts office. Copies will be made for easy consultations every time it is needed. Further, this RPF and associated Resettlement Plan will be disclosed at MINEDUC and Districts websites and when PAPs are known, the project will communicate to them where the Resettlement Plan and this RPF can be consulted. Given that most of PAPs may not understand the RAP language, the project will provide a summary translated in 73 | P a g e Kinyarwanda and copies of this summary should be available at cells offices where the school is located. The RAP consultant will be requested to prepare this summary during RAP preparation. Further, the Government of Rwanda will authorize the World Bank to disclose electronically this RPF through its Info Shop. Likewise, all Resettlement Plan to be prepared under the project, will be disclosed by MINEDUC at national level, at District level the same way as RPF. The Government of Rwanda will also authorize the World Bank to disclose electronically Resettlement Plans through its InfoShop. 6.6. Feedback from initial consultation from stakeholders Initial one to one Consultation were held with government institutions, district official, school head teachers and few members of local communities. A stakeholder’s consultation meeting is planned to validated the draft report. The following table summarizes key feedback from initial consultation. No Stakeholder Issues raised Response provided 1 Rwanda Has the Ministry of education budgeted for Once the project design are completed Environment Resettlement Impacts and Required land known, the ministry will management request the compensation from Ministry of Authority Finance What are mechanism put in place to ensure The ministry has agreed with WB that that People are compensated on time construction works will start after compensation of affected People. 2 Rwanda How the ministry is planning to work with The district is fully involved in project Land district especially land Bureau? implementation and the district will be in Management charge of Resettlement process. and Land Use Authority 4 District Land We are requested to comply with WB Before project Implementation, all people Bureaus standard and yet we have never received involved in the project will be trained on any training on these policies. WB environmental and Social Framework. We are informed about land requirement at Ministry of Education will make an effort to last minute and sometimes the districts does involve the district officers at all stages of not have budget for that. project. 5 District District are not fully involved in selection of The project it’s at preparation phase and Education schools to be covered under the project and district will be consulted in confirming officers this may left out schools that are priority to schools to be supported under the Project district It seems that the Project is focusing on Though the Priority was given to government schools while Government aided government school, the project will schools have more problems and more support also Government aided Schools students Some schools are in critical conditions or are The initial identification was done so as to located in areas where there are few people have information of different schools in the and it would be good to relocated these country and to have an idea on needs. schools rather than providing additional The Ministry will work with district to classrooms. confirm schools that can resolve existing problems and achieve the project objectives All project components will be implemented Project components will target different in the same schools. schools based on needs and available resources. The government will find other source of fund to cover schools that are 74 | P a g e not support under this projects 6 Head There are other school need that are not The Ministry has prepared reference teachers covered under the project such as the school plan but during the implementation construction of kitchen, Girls Room the school may make slight modification to accommodate other urgent need. Further, the project is not replacing other ongoing initiatives aiming at improving quality of education Local communities have encroached to the Before the construction, a detailed school lands and some of them managed to resettlement plan will be prepared and get land titles and may claim compensation eligibility criteria have been established. The Ministry will work with district land bureau the check the land ownership and eligible affected people will be compensated. Schools have free land far from the school The school can explore if there any boundaries and this would cause possibility of land exchange between the management issues if additional classrooms school and local community or any other are to be constructed on this land means of acquiring land near the school. Decision are made at Ministry level and Consultation will be an integral part of the district and School management are not fully projects and school management will be involved in project preparation and involved in project implementation implementation. including resettlement process and Grievance Redress Mechanism. Schools has rented land to local community If crops are found on the designated land and it’s likely that the project implementation for construction, the owner of crops will be may start before people harvest their crops. compensated. 7 Local We have heard even experienced some The ministry will work with district and Community project that don not compensate affected ensure that all compensations are made assets or delays in providing compensation. before using the land. Schools do not have playing grounds and The Government is working with different students play in our garden and we have partners to improve learning environment received any compensation from the school and this include recreation facilities. or district. However, before this happens in all schools whoever is affected by school activities can submit his complaints to local authorities and Compensation will be affected 75 | P a g e VII. IMPLEMENTATION, MONITORING AND BUDGET The implementation of the RPF for Quality Basic Education for Human Capital Development Project will involve different stakeholders and will be done at different level from national level to Districts and school levels. The overall coordination of the project will be provided by the Ministry of Education 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 School. 7.1. Institutional Arrangement The following table summarizes roles and responsibilities of various institutions involved in resettlement process for the proposed project. RGANIZATION ROLES AND RESPONSIBILITY Ministry of - Screening of sub-projects to identify resettlement and compensation requirements; Education - Work with all District to create Resettlement and Compensation Committee; - Provision of capacity building and technical support relating to resettlement and compensation activities; - Close monitoring and enforcement of the procedures and requirements of the Rwandan laws and that of the WB Environmental and Social Framework along the project implementation; - Review all RAPs and other resettlement-related documentation to ensure that all procedures have been adhered to and that there is consistency in approach between sub-projects; - Undertake the main monitoring and evaluation role of resettlement activities during and post implementation. Ministry of - Providing guidelines on the implementation and application of the Organic Land Environment law and the Land Use Master Plan through Districts’ bureaus; - Providing clarifications on land tenancy schemes (freehold or leasehold), resettlement arrangements, - Mobilizing the public to participate in the management and protection of natural resources; Rwanda Land - RLMUA through its department of land administration and mapping is the organ Use and responsible for overall management and coordination of all activities related to land Management administration, land use planning and management in Rwanda. The role of Authority RLMUA in RAP process is to advise on matters related to land ownership and expropriation. District land bureau in close collaboration with project staff will check and approve surveys, various maps and approve land surveys carried out during valuation exercise. District - Review and sign off of all documentation (e.g. completed RAPs, grievance forms, Leadership, consultation plans); - Participation in the different consultation meetings that will be held; - Participate in the census activities for the PAPs affected assets; - Compensation of PAPs assets using Government funds; - Sign and approve the individual PAPs list that indicates their affected assets for payment; - Following up and participate in resolving issues raised within the elected Grievance committees; Institute of Real - Proposes regulations, guidelines and standards for valuation while the function of Property Valuers approval lies with the Council; (IRPV) - Play a revision role for any PAP likely to be dissatisfied with a real property valuation; - Selection of other certified Valuers who shall decide other valuation methods to be used in case of misunderstanding on the used valuation methodology. 76 | P a g e District Land - The District land bureau will be engaged in the preparation of all the RAPs Bureaus, including involvement in all the negotiations before transferring the land as required by law; - The District Land Bureau Will Establish the sub-project level Resettlement and Compensation Committees at Sector/ Cell level; - The District Land Bureau Will Establish standards for unit rates of affected assets and compensation estimates, according to the standard units appended to the RPF, adjusted for local conditions where necessary; - The District Land Bureau will be part of the Coordination and supervision of the implementation by Resettlement and Compensation committees as stipulated in the RPF and national/ district guidelines. Resettlement - The District Resettlement Committee will facilitate the RAP implementation along Committees with compensation, land valuation, and grievance redress; - The Resettlement Committee will plan for, coordinate and monitor resettlement, compensation and relocation activities and supervise compensation payments to the project affected parties (PAPs) from Village, Cell, Sector to District levels; Schools and - Schools and Village leaders will be key actors in the implementation of Village Leaders Resettlement Plans by linking the project and the community. They will participate in valuation process and GRM. 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. 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 determine and guide improvement in their social wellbeing. Monitoring indicators to be used for the Resettlement Plan 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 Resettlement 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 77 | P a g e 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 Resettlement Plan: - 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; - 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 project land use requirements including relocation/resettlement and compensation, land impacts or damages; and should prepare Resettlement Completion Reports for each Resettlement Plan, 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. MINEDUC 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. 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 MINEDUC, on a monthly basis. They will compile the following statistics: - Number of households and individuals physically or economically displaced by each sub- project; - Length of time from 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); 78 | P a g e - Number of people raising grievances in relation to each sub-project; - Number of unresolved grievances. MINEDUC will scrutinize these statistics in order to determine whether the resettlement planning arrangements as set out in this RPF are being adhered to. MINEDUC will monitor compensation and loss of wages. Financial records will be maintained by Districts and MINEDUC, 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 MINEDUC 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 MINEDUC 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 Resettlement Plan, (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 should verify payment of compensation, provision of entitlements, and implementation of livelihood restoration measures. 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. 79 | P a g e 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 Resettlement Plan, 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 Resettlement Plan, 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 Resettlement Plan. 7.3. Capacity Assessment and Capacity building The principal institutions that will provide overall coordination including administration of the program is the Ministry of Education and District. While the Ministry of Education does not have Social Safeguards Specialist, districts are well equipped with officer in Charge of land acquisition and administration. However, these staff are not well trained in safeguards Policies and some of them confessed that are not involved in project implemented by central institutions. During RPF preparation the Consultant conduct a quick gap analysis and key findings are presented below. 7.3.1. Staffing At Ministry level there is not staff in charge of environment and Social matters. The ministry relies on external consultant and experts from government agencies Such as Rwanda Environment Management Authority(REMA), Rwanda Development Board(RDB) and Rwanda land Management and Use Authority(RLMUA). At district level, they are a good number of staff dealing with environmental and land administration matters. Those include District Environmental Officer, District land Administration officer, District land valuation officer, Community Development officer, Social Protection officer. 7.3.2. Training capacity Though the district has staff that deals with land acquisition issues most of the have not received any training about land acquisition. Most of them confirmed that they have worked on World Bank and or project funded by other international partners (ADB, JICA) Such as Rwanda Urban Development Project, Rural Sector Support Project, land Husbandry Water harvesting and Hillside irrigation project, Landscape Approach to Forest Restoration and Conservation Project etc but they did not receive any Training. 7.3.3. Training and capacity building requirements The effectiveness of environmental and social issues consideration in the implementation of activities goes particularly through training of program of key actors on validation, monitoring, implementation of identified mitigation measures. The training activities should target MINEDUC working on this project, District officers, Grievance redress mechanism and resettlement committees. 80 | P a g e Thematic focus of trainings could be put on: - Survey Methodologies (Census and Inventory of Losses); - Livelihood Analysis to recognize PAPs perspectives and vulnerability context; - Institutional setup and process for Land Acquisition and Compensation Payments; - Grievance Mechanism and Grievance Redress Committees; - Resettlement process and setup of Resettlement Committees; - Legal support and PAPs difficulties to have access to legal support; - Opportunities and Implementation of specific Livelihood Restoration - Measures as a compensation and local development option; - Internal and External Monitoring / Audit. In terms of staffing, MINEDUC should hire a social safeguards expert within its SPIU, before effectiveness of this project to supervise and monitor the preparation and implantation of resettlement plan. At the local level, all issues related to land acquisition are managed through district one stop centre and the current staff in the centre are sufficient to manage resettlement issue if well trained. However, the ministry of education will have to provide them with trainings but also involve them from the beginning. Core team to be involved in project implementation and to be provided will training include the District environmental officer, land administration and valuation officers, District Education officer and in charge of social affairs as well as land officer at sector level. Before the effectiveness of the project, MINEDUC will also organize training for its safeguards staff, and those from Districts, on social safeguards implementation according to Government and World Bank standards. Capacity building will also be conducted for compensation committees after their set up. This capacity building will be done periodically throughout the project period. 7.4. Estimated budget for RPF implementation The cost of implementing the 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 Project. The estimated total cost of the resettlement program requiring land acquisition, is estimated at US$ 1,015,000. 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 resettlement Plans are prepared. MINEDUC will provide funds for Resettlement Plans preparation and compensation using government budget. The costs outlined include those relating to preparation and implementation of each individual Resettlement Plan per District, capacity building and technical assistance required to ensure that implementers of each Resettlement Plan 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 81 | P a g e therefore not possible to provide an exact budget for the total cost of resettlement that may be associated with implementation of Proposed project. Table 9: Estimated cost for RPF implementation Activity Unit Cost Total Cost Basis of Estimates per District for 30 Districts Preparation of detailed 10,000 300,000 This estimation include cost for Census, public Resettlement Plan covering consultations and RAP report preparation all all 30 districts by independent done by a hired consultant consultant RAP implementation for 30 20,000 600,000 This was estimated based on average schools districts that requires additional land in each district Capacity building for 3,000 90,000 This is the cost of training of district officials Resettlement and GRM and MINEDUC official as well as resettlement committees Committee Capacity building for FF 25,000 This amount include fees for training and MINEDUC Staff monitoring and remuneration of Social safeguards specialist Total 1,015,000 82 | P a g e REFERENCES 1. GOR, 2012. Resettlement Policy Framework, the Third Rural Sector Support Project. 2. GoR, 2011. Resettlement Policy Framework and Process Framework for LVEMP II. 3. GoR, 2010. Resettlement Policy Framework. Land husbandry, Water harvesting and Hill 4. GoR, 2008. Resettlement Policy Framework. Second Rural Sector Support Project. 5. sides irrigation. 6. GoR, 2004. Rwanda National Land Policy. Ministry of Lands, Environment, Forests, Water and Mines. property valuation profession in Rwanda. 7. MINEDUC 2019, Concept note for Quality Basic Education for Human capital development Project. 8. MINIRENA 2015the law No. 32/2015 of 11/06/2015 related to expropriation in the public interests, 9. MINIRENA 2013, law N° 43/2013 of 16/06/2013 governing land in Rwanda; 10. MINIRENA, law No 17/2010 of 12/05/2010 establishing and organizing the real property valuation profession in Rwanda; 11. Premature, 2015. Law No. 32/2015 of 11/06/2015 Relating to Expropriation in the Public Interest, 12. WB Environmental and Social Framework 83 | P a g e ANNEXES Annex 1: RESETTLEMENT INSTRUMENTS In addition to this Resettlement Framework, other expected resettlement instrument to be prepared under the Quality Basic Education for Human Capital Development are: Resettlement Plan and land Donation document. Therefore, this annex describes the elements of a Resettlement Plan and Requirements for voluntary land donation. Given that the project is not expected to have any physical or economic displacement, the Resettlement Plan will have the following Minimum elements: 1. Description of the project. General description of the project and identification of the project area. 2. Potential impacts. Identification of: (a) the project components or activities that give rise to displacement, explaining why the selected land must be acquired for use within the timeframe of the project; (b) the zone of impact of such components or activities; (c) the scope and scale of land acquisition and impacts on structures and other fixed assets; (d) any project-imposed restrictions on use of, or access to, land or natural resources; (e) alternatives considered to avoid or minimize displacement and why those were rejected; and (f) the mechanisms established to minimize displacement, to the extent possible, during project implementation. 3. Objectives. The main objectives of the resettlement program 4. Census survey and baseline socio-economic studies. The findings of a household- level census identifying and enumerating affected persons, and, with the involvement of affected persons, surveying land, structures and other fixed assets to be affected by the project. The census survey also serves other essential functions: a) identifying 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; b) information on vulnerable groups or persons for whom special provisions may have to be made; c) identifying public or community infrastructure, property or services that may be affected; d) providing a basis for the design of, and budgeting for, the resettlement program; e) in conjunction with establishment of a cut-off date, providing a basis for excluding ineligible people from compensation and resettlement assistance; and f) establishing baseline conditions for monitoring and evaluation purposes. g) As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: h) 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; i) 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; and j) social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, 84 | P a g e nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 5. Legal framework. The findings of an analysis of the legal framework, covering: a. the scope of the power of compulsory acquisition and imposition of land use restriction and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; b. (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 grievance redress mechanisms that may be relevant to the project; c. (c) laws and regulations relating to the agencies responsible for implementing resettlement activities; and d. (d) gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS 5, and the mechanisms to bridge such gaps. 6. Institutional Framework. The findings of an analysis of the institutional framework covering: a. the identification of agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons; b. (b) an assessment of the institutional capacity of such agencies and NGOs/CSOs; and c. (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs/CSOs responsible for resettlement implementation. 7. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 8. 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 for land, natural resources and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. 9. Community participation. Involvement of displaced persons (including host communities, where relevant); (a)a description of the strategy for consultation with, and participation of, displaced persons 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; 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. 10. Implementation schedule. An implementation schedule providing anticipated dates for displacement, and estimated initiation and completion dates for all resettlement plan activities. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 85 | P a g e 11. Costs and budget. Tables showing categorized 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. 12. Grievance redress mechanism. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from displacement or resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 13. Monitoring and evaluation. Arrangements for monitoring of displacement and resettlement activities by the implementing agency, supplemented by third-party 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 results for a reasonable period after all resettlement activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. 14. Arrangements for adaptive management. The plan should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcomes. Annex 2: Socio-economic and land assets 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 Marita Residen Religi Educatio Income Economi ip to head of e l ce on n Level Earner c of family birth Status Tenure activities M F Ye No Pri se s ma co ry nd ary 1. 2. 3. 4. 5. 6. 7. 86 | P a g e 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 Cattle Keeping; 3 housekeeping; 4 Trader; 5 Religious leaders; 6 Artisan; 7 Transport; 8 Unemployed; 9 Other (specify); 0 No answer Secondary Occupations 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 87 | P a g e 2. Land asset inventory for Project Affected People Village; Date; Cell; Survey Name Identity No of Total land Land to be Land Loss of Loss of assets Loss of crops Loss of Other No. of HH card persons in holding of acquired(m2) use % total other losses Head number Household Household(m2) Type* assets Structures Fruit trees lost type e.g. Residence permanent(m2); and number; graveyards, rented; Structures Agricultural land wells Business temporary lost(m2) etc(type & lost; Other(specify) no) Income loss *Land types are as follows (please fill in the types of land for Rwanda) 1. 2. 3. 3. Entitlements of Project Affected People Sector date Cell Survey Name of Identity card Compensation for Compensation for Compensation for Compensation for Total (FRW) No. Head of number Land Structures crops and trees other assets and Household losses( e.g. 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) ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ 88 | P a g e Annex 3: 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 2.Damage to 3.Damage to 4.Decrease or Loss of 5.Traffic and Resources • House Infrastructure or Livelihood accident • Lands • Land Community Assets • Agriculture • Injury • Pasture lands • Latrines • Road • Animal husbandry • Damag • House • Livestock • Bridge/ • Beekeeping e to • Water • Means of Passageways • Small scale trade propert • Latrines livelihood • Power • Other y • Commercial • Water • Water sources, • Damag site • Road canals and water e to • Other access infrastructure for livesto • Other irrigation and ck animals • Other • Drinking water • Other 6.Incidents 7.Resettleme 8.EmDPCOyment and 9.Construction Camp and 10.Other Regarding nt Process recruitment (Specify) Community Relations (specify) Expropriation (specify) • Nuisance from dust and • Nuisance from noise Compensation • Vibrations due to (Specify) exDPCOsions • Misconduct of the project personal/worker • Complaint follow up Other Grievances Close Out Form Grievance Number:……………………………………………………………………………….. Define immediate action required:………………………………………………………… Define long term action required (if necessary)…..................................... Verification of corrective action and sign off Corrective action taken Due date Responsible Party Notes: This part will be filled in and signed by the complainant when he/she receives the compensation or file is closed out Complainant:……………………………… Representative of Responsible Party Name and Signature............................... Title, Name and Signature……………….. Date Date:……………………………………………… 89 | P a g e 90 | P a g e Annex 4: LIST OF CONSULTED PEOPLE DURING RESETTLEMENT PROCESS # Name Institution Position Phone Email number March 14,2019 1 REBERAHO Rutsiro District Director of 0788556152 raphaelreberaho@gmail.com Raphael Education 2 NIZEYIMANA Aime Rutsiro District Environment 0788873199 aimeadrieniz@gmail.com Adrien Officer 3 HAKIZIMANA Rutsiro District Ag. School 0788877907 Hakifulg111@yahoo.fr Fulgence construction Engineer 4 NDIKUMANA Staric Rutsiro District Water and 0789710010 Staric98@gmail.com sanitation officer 5 SAHABO Faustin GS Head teacher 0788484698 sahabofaustin@gmail.com KARUGARIKA 6 UWAMBAJIMANA GS KINIHIRA Head teacher 0783136080 Uwambajimanacharles40@gmail.com Charles 7 MANIRAGABA EP GISUNZU Head teacher 0788761029 - Cyprien March 11, 2019 NYIRAHIRWA Rusizi District Education 0788773306 hirwagathe@yahoo.fr Agathe Officer UWABABYEYI Rusizi District School 0783431850 Uwababyeyif@gmail.com Fraterne construction engineer UWAMAHORO Rusizi District Land 0783773349 uwamawin@gmail.com Olive Evaluation Officer KAMPOGO Dalie Rusizi District Environment 0788633846 Kamudalie2014@gmail.com Officer MURWANASHYAKA EP NTENYI Director of EP 0783723116 anicetmurwana@gmail.com Anicet NTENYI NZEYIMANA G.S st Esprit Director of 0788217212 Theonzeyimana33@yahoo.com Theoneste Mushaka G.S st Esprit Mushaka # March 15,2019 1 HAMENYIMANA Nyamasheke Ag. Director of 0784314305 direducation@nyamasheke.gov.rw Athanase District Education 2 NIYIBESHAHO Nyamasheke Environment 0785813817 ananieniyibeshaho@ymail.com Ananias District officer 0788857817 3 UHAWENIMANA Nyamasheke School 0785355580 uhawepaul@gmail.com Jean Paul District construction Engineer 4 MUCYO Romouard Nyamasheke Infrastructure 0786471275 mucyoromouard@gmail.com District property management officer 5 RWAMBONERA EP Rubona Headmaster 0788783709 rwambodieu@gmail.com Dieudonnee EP RUbona 6 MUNYANEZA EP Rurama Headmaster 0784411423 munjoseph100@gmail.com Joseph EP Rurama # March 13,2019 1 YANKURIJE EP RUBOKO Head teacher 0788909580 marcellineyankurije@gmail.com Marceline 2 NIYONSENGA NGORORERO Education 0783554194 padivine@yahoo.fr Protogene District officer 91 | P a g e 3 UMUGIRANEZA NGORORERO School 0788775564 jeanjacquesumugiraneza@gmail.com Jean Jacques District construction engineer 4 MAPENDANO Jean NGORORERO Land 0788657078 Jmv.mapendano@ngororero.gov.rw Marie Vianney District Evaluator 5 MUNYARUKIKO NGORORERO Environment 0788421071 maloys@yahoo.fr Aloys District officer 6 NYIRANEZA EP Kirengo Head teacher 0783599952 nyiranerthe@gmail.com Emerthe 7 MUKAKARANGWA EP Head teacher 0783566952 mukakarangwadonatille@gmail.com Donathile Mbonabyombi # March 12, 2019 1 BANGUWIHA KARONGI Director of 0785289525 Gsgishyita2018@gmail.com J.Damascene District G.S School G.S Gishyita Gishyita 2 HAKIZIMANA KARONGI Director E.P 0783428483 jeromh@gmail.com Jerome District Rwaramba E.P Rwaramba 3 MUHAWENIMANA KARONGI Environmental 0782160511 Caltex17@gmail.com Calter District officer 4 UFITAMAHORO KARONGI Director G.S 0783428452 sofonimaro@gmail.com Sophonie District NYARUBUYE G.s Nyarubuye 5 HITUMUKIZA KARONGI Director of 0788837308 rniragire@gmail.com Robert District Education 92 | P a g e 93 | P a g e 94 | P a g e