Addendum to the Regional Rusumo Falls Hydro Power Project (RRFHPP) main Resettlement Action Plan (RAP); Site Specific RAP for Extra Lands at the Switch Yard, Access Road, Area for Transmission Line from Power House and Access Road to Sand Quarry (Nyakwisi) on Rwanda side. March, 2019 RAP Addendum; Extra land at SY, access road and tower foundations on RW side 1|Page Table of Contents ACRONYMS .................................................................................................................................................. 3 1.0 Back Ground to Regional Rusumo Falls Hydro Power Project (RRFHPP) RAP .......................................... 4 1.1 Introduction: .......................................................................................................................................... 4 2.0 Extra land required .................................................................................................................................... 4 2.0 PAP Identification and Demarcation of extra lands .................................................................................... 6 2.1 1st Extra land at the SY its access road .............................................................................................. 6 3.0 Valuation process of affected properties................................................................................................ 8 3.1 Basis of valuation for compensation ...................................................................................................... 9 3.2 Valuation methods ........................................................................................................................... 9 3.3.1 Entitlement Matrix ........................................................................................................................ 10 4.0 General baseline data for Households affected by this extra land acquisition at the SY and its access road............................................................................................................................................................ 10 RAP Addendum; Extra land at SY, access road and tower foundations on RW side 2|Page ACRONYMS AfDB African Development Bank ANB Annual Income of Building BNV Brand New Value ESIA Environmental Social Impact Assessment CP2 Contract Part two. GIS Geographical Information System GPS Global Positioning System HH Household GRM Grievance Redress Mechanisms LRP Livelihood Restoration Program LV Land Value MW Megawatts NBI Nile Basin Initiative NELSAP Nile Equatorial Lakes Subsidiary Action Program OE Owners Engineers PAP Project Affected People PIU Project Implementation Unit RAP Resettlement Action Plan RCM Resettlement Committee Members RoR Run of River RRFHPP Regional Rusumo Falls Hydro Power Plant RV Residual Value SY Switch Yard WB World Bank RAP Addendum; Extra land at SY, access road and tower foundations on RW side 3|Page 1.0 Back Ground to Regional Rusumo Falls Hydro Power Project (RRFHPP) RAP Regional Rusumo Falls Hydro Power Project (RRFHPP) is implemented by the Republics of Rwanda, Tanzania and Burundi in partnership with Nile Equatorial Lakes Subsidiary Action Program (NELSAP). The hydro power plant is estimated to produce about 80 MW on the Kagera River at the Rusumo Falls located on the border between Rwanda and Tanzania under a Run of River (RoR) scheme. A Resettlement Action Plan (RAP) was prepared in accordance with World Bank (WB) social safeguard requirements; OP 4.12 “Involuntary Resettlement”, the African Development Bank (AfDB) Involuntary Resettlement policy (2003) for transmission line and in accordance with the legislative policies governing resettlement in the two affected Republics of Rwanda and Tanzania. The RAP ensures that project affected people (PAP) who will suffer any economic or physical displacement resulting from the Project, whether permanent or temporary, are compensated in a socially responsible manner and according to good international practice. Noted impacts the power plant construction activities vary from loss of residential structures, business structures, loss of employment, loss of agricultural land and deprivation of marshland use (brick making and sand quarry businesses, fishing and marshland cultivation). The impacts are felt within Kirehe District in Rwanda and Ngara District in Tanzania, both districts are separated by River Kagera where Rusumo falls are located. 1.1 Introduction: This is an addendum to the project’s main Resettlement Action Plan (RAP) for Regional Rusumo Falls Hydro Power Project which received full disclosure and approved by the World Bank (WB) in March 2013. Due to unforeseen changes and oversight in the project designs that took place in different time due to either to accommodate certain additional infrastructures like transformers, CP2, workers camp, switchyard staff houses, transmission line towers, access roads, levelling and extension of switch yard boundary for safety and environmental protection i.e. drainage and slope protection forced the project to acquire extra lands. . Therefore, extra lands were acquired at the switch yard, access road to switchyard due to changing position as previous one was passing through school, area for power transmission line and towers from power house to switchyard and affected area due to expansion and compaction of the access road to sand quarry (Nyakwisi). Land acquisition was commenced by section as timing, location and needs were different. The anticipated extra lands took long to be acquired as the Owner Engineer and CP1 keep changing the design either to accommodate additional structures or for environmental and safety reasons 2.0 Extra land required Table 1 below describe in summary when extra lands were acquired, size and compensation costs at different time. S/No Extra land Land Size Number Compensation Valuation Report attached acquired of value land and as annex property crop - RWF owner 1st extra Switch yard Activity Land 10 205,550,498 Annex 2.1 land area, access size acquired road, CP2 RAP Addendum; Extra land at SY, access road and tower foundations on RW side 4|Page – workers camp Access 5797 m2 Payment and road to done switchyard switchyard staff houses – Switchyard 23583m2 August 2017 area Switchyard 24459m2 residential area 2nd Extra land at extra switchyard – 8,801m2 1 26,120,808.00 Annex 2.2 land slope protection due acquired to levelling – – July - 2018 Payment done 3rd extra Extra land at 33,759 +11,139 =44898 1 119,770,812.00 Annex 2.3 land switchyard for acquired slope m2 – protection and Payment power TL from not yet power house done to switch yard and Extra land – Land owner preferences (no valuer) Annex 2.3 located in between Switch yard and Switch yard staff house Extra land for access road to sand quarry 623m2 4 6,177,229.00 Nyakwisi Annex 2.4 owners February 2019 TOTAL OF COMPENSATION AND NUMBER OF PROJECT 16 357,619,347 AFFECTED PEOPLE TOTAL COMPENSATION PAID AND NUMBER OF PAPs 11 231,671,306 TOTAL COMPENSATION NOT YET PAID AND NUMBER OF PAPs 5 125,948,041 RAP Addendum; Extra land at SY, access road and tower foundations on RW side 5|Page Detail of land, crops, and type of houses attached in the annexes - valuation reports Important to note that for 3rd extra land at switchyard there was only one property owner identified and he raised an issue that small part of his land remained will no longer have any significant economic value after expropriation 2.0 PAP Identification and Demarcation of extra lands 2.1 1st Extra land at the SY its access road The extra lands were identified by the project’s contractors in partnership with the Owners Engineers plus the PIU Civil Engineer. The demarcation of the required extra land was done by the EO, CP1 in partnership with the PIU Civil Engineer and safeguard team. The PIU Safeguards team called for a meeting with identified land owners of the required extra lands at the SY and its access road. The cutoff date was set on according to time when the process of land acquisition started. The cutoff dates for 1st extra land acquired was on 27th June 2017 and land owners were informed. One household was affected by acquisition of the extra land at the SY, while nine households were affected by access road to the SY. The district of Kirehe provided a government registered property Valuer to conduct the valuation exercise of affected assets. The valuation exercise was led by the registered valuer in partnership with the district officer in charge of lands (Kirehe district), in the presence of PIU Safeguard team. The same processes were applied to all other extra land acquisition at switch yard and access road to the sand quarry. Cutoff date was set on 12th July 2017 for 2nd extra and 28th November 2018 for 3rd extra land and access road to sand quarry. Summary of number of house hold is presented below. Summary indicating HHs affected by acquisition of extra land at the SY and its access road and related compensation. RAP Addendum; Extra land at SY, access road and tower foundations on RW side 6|Page RWANDAN FRANCS; TWO HUNDRED AND FIVE MILLIONS EIGHT HUNDRED AND FIFTY THOUSANDS FOUR HUNDRED AND NINENTY EIGHT Summary indicating HHs affected by acquisition of 2nd extra land at the SY and related compensation RAP Addendum; Extra land at SY, access road and tower foundations on RW side 7|Page Summary indicating HHs affected by acquisition of 3nd extra land at the SY and TL and related compensation Summary indicating HHs affected by compaction of access road to the sand quarry During the meetings with land owners its was agreed that in case of the any grievance the project’s grievance redress mechanism (GRM) would be employed. The GRM is well known to the affected households since most of them are the same PAPs and it is the same mechanism being used by the same community since the commencement of implementing the RAP for RRHPP. Land owners were informed how the GRM process work from receiving the complaint to closing. Also informed where their grievances were to be submitted. Important to note that there was no grievance raised through the valuation process to date. 3.0 Valuation process of affected properties RAP Addendum; Extra land at SY, access road and tower foundations on RW side 8|Page 3.1 Basis of valuation for compensation Affected properties were expropriated for public purposes. In Rwanda is defined in Chapter 1, Article 2(4) of the organic law No. 32/2015 of 11/06/2015 relating to expropriation in the public interest as an acting of taking away individuals land by state due to public interest in accordance with the law and subject to payment of adequate compensation. Also the valuation process was guided by the involuntarily resettlement policies for the World Bank with special reference to OP 4.12 Land tenure and ownership in Rwanda is under Article 3 of the organic law no. 08/2015, land is part of public domain Rwandans and vested in the state Valuer conducted the valuation exercise in presence of land owners, Kirehe District Land Officer and NELSAP PIU afeguards representative. . 3.2 Valuation methods Valuation covers properties or interest located in the area where existing switch yard and road to Nyakwisi quarry is located. Also to the existing access road to switchyard. The location of properties vary since some are found in area where the land market is high, some average, low and unpredictable due to lack of appropriate market information’s. Therefore, for acceptable or realistic valuation the valuer shall select the best valuation method that determined the fair market value of the real property. The adopted approach in this valuation was the property value in its current form and condition fetched sale in the open market after ample time and publicity of the intended sale was allowed for. The valuation of land price rate employed as indicated here under was depended on location, accessibility, as well as the available sales data. Land price ranged from 2,500 to 4,500 Rwf per square meter of land located around tarmac road, touristic and on top of cliff. Also based on this valuation there was 5% disturbance allowance of the total value of the properties affected as provided for in the article 28 of the expropriation law no. 32/2015 of 11/06/2015 and also transition allowance in case of harvestable. See Annexes for detail the Valuer’s reports and it describes the valuation process, the methodology used, the identification of PAP and the computation of compensation for every affected assets Following completion of the valuation process disclosure of the valuation results was done. The affected household heads had individual discussions with the valuer where they received explanation for the valuation process and how the final compensation figure was arrived at and each PAPs signed compensation schedule showed that she /he agreed on the amount and valuation processes. Detail attached in annex under valuation reports It is of note that the affected property owner during the expropriation exercise for land required for 4Nos TL towers and access road as well as extra land requested by CP1 (Contractor) for boundary extension is the one who raised and issue with his remaining land. The affected property owner requested NELSAP-PIU to compensate him for the remaining land (refer to Map 2 areas highlighted in blue in annex 1).33.3 Eligibility criteria and entitlement matrix RAP Addendum; Extra land at SY, access road and tower foundations on RW side 9|Page According to the main RAP all people and entities who suffer losses and incur negative impacts due to the acquisition of land for project and other project infrastructure will be considered to be eligible for resettlement entitlements, provided that they own, occupy or use the affected land prior to a cutoff date. Displaced persons will be considered to be eligible regardless of their tenure status with respect to the land that they own, occupy or use. Assets, including structures and fields, that were surveyed in the project affected area at the cut-off-date are eligible for compensation, if these assets, structures and fields are determined as project affected. People residing or holding affected assets in the project affected area at the cut-off date are eligible for compensation. The types of impacts identified as eligible for compensation are: • Loss of crops; • Loss of land and loss of improvements on land • Loss of structures; • Loss of access (to resources); • Loss of business; • Loss of employment 3.3.1 Entitlement Matrix Entitlement Matrix detailed in the original RAP was used to guide determination of entitlements. 4.0 General baseline data for Households affected by this extra land acquisition at the SY and its access road. All the nine households affected by acquisition of extra land to the SY and its access road were affected by the initial project land acquisition on Rwanda side. They already belong to the community of project affected households and are taking part in the livelihood restoration program (LRP) being implemented on the Rwanda side. The LRP is being implemented by the district of Kirehe using the community-based procurement systems by the project affected people. Most of the households affected by this extra land acquisition on Rwanda side are residents of Rusumo village on Rwanda side and like the ones on Tanzania side they are involved in petty cross boarder trading which takes place at the border between Tanzania and Rwanda. They also do subsistence agriculture. Affected people due to expansion and compaction activities for access road to Sand quarry are new PAPs which their HHs baseline data were collected. For the new and old PAPs except 1 the land that was taken is a small piece of land compared to what they owned by the individuals, it did not affect them significantly. For 1 PAP although land acquired was big he used well his compensation money he established hotel business which is doing well Baseline data for affected people for expansion and compaction activities of the access road to sand Quarry (Nyakwisi) RAP Addendum; Extra land at SY, access road and tower foundations on RW side 10 | Page 5.0 Management of Grievance and Disputes Grievance redress mechanisms are essential tools for allowing affected people to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken expeditiously. Such mechanisms are fundamental to achieving transparency in the resettlement process. All PAPs were informed about the process to follow as per original RAP prepared in 2013 if they will have any dissatisfaction. In order to avoid incurring additional costs to come tp project office, PAPs were informed to channel all their queries to the nearby Government Offices whereby the leaders would be requested to handle all complaints from the PAPs and submit all the complaints to project office or liaison office at Rusumo Village. RAP Addendum; Extra land at SY, access road and tower foundations on RW side 11 | Page Annexes RAP Addendum; Extra land at SY, access road and tower foundations on RW side 12 | Page Annex 1 - Maps and Sketches RAP Addendum; Extra land at SY, access road and tower foundations on RW side 13 | Page 1st Extra land acquired and originally acquired land at the SY area The area marked light dark is the extra land to the SY while the darker color indicate the originally acquired land. RAP Addendum; Extra land at SY, access road and tower foundations on RW side 14 | Page Sketch showing the locations of the 4Nos. TL towers in connection with the Switchyard RAP Addendum; Extra land at SY, access road and tower foundations on RW side 15 | Page Map 2: showing 4Nos TL towers and access road as well as extra land requested by CP1 (Contractor) for boundary extension. RAP Addendum; Extra land at SY, access road and tower foundations on RW side 16 | Page Map 3: Showing the area affected by expansion and compaction works on access road to sand quarry (Nyakwisi) RAP Addendum; Extra land at SY, access road and tower foundations on RW side 17 | Page Total area expropriated at Switch Yard area RAP Addendum; Extra land at SY, access road and tower foundations on RW side 18 | Page Annex 2 RAP Addendum; Extra land at SY, access road and tower foundations on RW side 19 | Page Annex 2.1 Valuation Report for 1st Extra Land for Switch Yard and Access Road RAP Addendum; Extra land at SY, access road and tower foundations on RW side 20 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 21 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 22 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 23 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 24 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 25 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 26 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 27 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 28 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 29 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 30 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 31 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 32 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 33 | Page Annex 2.1 Valuation Report for 2nd Extra Land at Switch Yard Levelling and Slope Protection RAP Addendum; Extra land at SY, access road and tower foundations on RW side 34 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 35 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 36 | Page Annex 2.3 - Valuation Report for 3rd Extra land at Switchyard for Slope Protection and Power TL from Power house to Switch yard and Land Owner Preferences (no value) RAP Addendum; Extra land at SY, access road and tower foundations on RW side 37 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 38 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 39 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 40 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 41 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 42 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 43 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 44 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 45 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 46 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 47 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 48 | Page Annex 2.4 - Valuation Report for 3rd Extra land at Access Road to Sand Quarry Nyakwisi RAP Addendum; Extra land at SY, access road and tower foundations on RW side 49 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 50 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 51 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 52 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 53 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 54 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 55 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 56 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 57 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 58 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 59 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 60 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 61 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 62 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 63 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 64 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 65 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 66 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 67 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 68 | Page Minutes of Meetings RAP Addendum; Extra land at SY, access road and tower foundations on RW side 69 | Page RAP Addendum; Extra land at SY, access road and tower foundations on RW side 70 | Page