ARAP SFG1607 V1 REPUBLIC OF RWANDA MINISTRY OF INFRASTRUCTURE Abbreviated Resettlement Action Plan Development of Urban Infrastructure in Agatare Area of Nyarugenge District in the City of Kigali Final Report January 2016 i ARAP ACRONYMS AND DEFINITIONS AIDS Acquired Immune Deficiency Syndrome CAC Cell Adjudication Committee CBOs Community Based Organizations CoK City of Kigali CSO Civil Society Organisations DDC District Development Committee DDS District Development Strategy DLOs District Land Offices EDPRS II Second Economic Development and Poverty Reduction Strategy EMF Environment Management Framework ESIA Environment and Social Impact Assessment ESMF Environmental and Social Management Framework GDP Gross Domestic Product GoR Government of Rwanda HIV Human Immunodeficiency Virus JADF Joint Action Development Forums LODA Local Development Agency of Rwanda M&E Monitoring and Evaluation MINAGRI Ministry of Agriculture and Animal Resources MINALOC Ministry of Local Government MINECOFIN Ministry of Finance and Economic Planning MINICOM Ministry of Trade and Industry MININFRA Ministry of Infrastructure MINIRENA Ministry of Natural Resources MTR Mid Term Review NDIS National Decentralization Implementation Secretariat NGO Non-Governmental Organizations NLC National Land Commission OP Operational Policy PAP Project Affected Persons PCDP Public Consultation and Disclosure Procedures PMU Project Management Unit PPP Public Private Partnership RAP Resettlement Action Plan RUDP Rwanda Urban Development Project RDB Rwanda Development Board REMA Rwanda Environment Management Authority ii ARAP RGAC Rwanda Governance Advisory Council RGB Rwanda Governance Board RHA Rwanda Housing Authority RNRA Rwanda Natural Resources Authority RPF Resettlement Policy Framework RRA Rwanda Revenue Authority RSTF Rural Resettlement Task Force RTDA Rwanda Transport Development Agency RWF Rwandan Francs SPIU: Single Project Implementation Unit WASAC Water and Sanitation Corporation WB World Bank iii ARAP DEFINITIONS OF TERMS USED IN THIS DOCUMENT Unless the context dictates otherwise, the following terms shall have the following meanings:- 1. “Affected people” refers to people who are directly affected socially and economically by World Bank-assisted investment projects caused by: a. Relocation or loss of shelter b. Loss of assets or access to assets loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or c. The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons. 2. “Associated projects” means any subprojects or activities which are directly related to the planned infrastructure development in the six secondary cities. 3. “Census” means a field survey carried out to identify and determine the number of Project Affected Persons (PAP), their assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and the Local Leaders. 4. “Environmental and Social Management Framework (ESMF)” is a safeguard instrument (document) which will set out a mechanism to determine and assess future potential environmental and social impacts of the project funded activities in the infrastructure development program and other activities associated with this project regardless of funding agency in the six secondary cities. The framework will set out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument will be prepared as a separate and stand- alone document to be used in conjunction with this RPF. 5. “Compensation” means the payment in kind, cash or other assets given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole. 6. “Cut-off date” is the date of commencement of the census of PAPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation. 7. “Project affected persons” (PAPs) means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Project affected persons physically relocate. These people may have their: a. Standard of living adversely affected, whether or not the Project Affected Person must move to another location ; b. Right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or iv ARAP permanently, adversely affected; c. Access to productive assets adversely affected, temporarily or permanently; or d. Business, occupation, work or place of residence or habitat adversely affected. 8. “Involuntary Displacement” means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by: 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 project affected person has moved to another location. 9. ”Involuntary Land Acquisition” is the taking of land by government or other government agencies for compensation, for the purposes of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. 10. “Land” refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project. 11. ”Land acquisition” means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. 12. “Rehabilitation Assistance” means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable project affected persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels. 13. “Resettlement and Compensation Plan”, also known as a “Resettlement Action Plan (RAP)” or “Resettlement Plan” - is a resettlement instrument (document) to be prepared when subproject locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. 14. ”Replacement cost” means replacement of assets with an amount sufficient to cover full replacement cost of lost assets and related transaction costs. In terms of land, this may be categorized as follows; 15. “Replacement cost for agricultural land” means the pre-project or pre-displacement, whichever is higher, value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: a. preparing the land to levels similar to those of the affected land; b. any registration, transfer taxes and other associated fees; 16. “Replacement cost for houses and other structures” means the prevailing cost of replacing affected structures of the quality similar to or better than that of the affected structures, in v ARAP an area and. Such costs shall include: a. Building materials b. Transporting building materials to the construction site; c. Any labour and contractors’ fees; and d) any registration costs. 17. “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, 18. “The Resettlement Policy Framework (RPF)’ is being prepared as an instrument to be used throughout the planned infrastructure development program implementation. The RPF will be publicly disclosed in impacted areas to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The Resettlement Action Plans (“RAPs”) for the infrastructure development in the six secondary cities will be prepared consistent with the provisions of this RPF. 19. “Resettlement Action Plan”: see Resettlement and Compensation Plan above, 20. “Vulnerable Groups” refers to: a. Widows, the disabled, marginalized groups, low income households and informal sector operators; b. Incapacitated households – those no one fit to work and; c. Child-headed households and street children d. Including among other things, persons characterised by low nutrition levels, low or no education, lack of employment or revenues, old age, ethnic minority and/or gender bias. vi ARAP TABLE OF CONTENTS ACRONYMS AND DEFINITIONS ................................................................................................................ ii DEFINITIONS OF TERMS USED IN THIS DOCUMENT ......................................................................... iv TABLE OF CONTENTS .............................................................................................................................. vii List of Tables ............................................................................................................................................... x EXECUTIVE SUMMARY ............................................................................................................................... 1 1. INTRODUCTION .................................................................................................................................. 3 1.1. Description and location of the project ................................................................................... 3 1.1.1. Project objectives and outputs ......................................................................................... 4 1.1.2. Proposed prioritized infrastructure subproject types and dimensions for the first phase of RUDP in Agatare Area of the CoK .................................................................................... 4 1.1.3. Subprojects for which land acquisition and resettlement are required ...................... 5 1.1.4. Delineation of study area for the assessment ................................................................ 6 1.2. Scope of the ARAP ...................................................................................................................... 8 1.3. Methodology ................................................................................................................................ 9 1.4. Socioeconomic profile of Agatare area .................................................................................... 9 1.4.1. Demographics...................................................................................................................... 9 1.4.2. Existing situation of the physical infrastructure in Agatare area ............................... 10 2. POTENTIAL RUDP IMPACTS ........................................................................................................... 13 2.1 Loss of livelihoods .......................................................................................................................... 13 2.2 Entitlement Matrix .................................................................................................................... 13 2.2 Gap Analysis between Rwandan Expropriation Law and WB Op 4.12 ......................... 15 2.2.1. Implementing support from LODA ................................................................................. 21 2.2.2 Establishment of the Grievance Redress Mechanism ........................................................ 21 vii ARAP 3. CENSUS AND SOCIAL ASSESSMENT OF PAPs.............................................................................. 22 3.1. List of project affected persons .............................................................................................. 22 3.2. Socioeconomic assessment of the PAPs................................................................................ 23 3.2.1 Vulnerable groups/persons ................................................................................................. 23 3.2.3 List of affected businesses in Agatare area......................................................................... 24 3.3 Size of affected households...................................................................................................... 25 3.3.1 Number of children in the affected households ........................................................... 25 3.3.2 Sources of livelihoods for the affected household heads ........................................... 25 3.3.3 Number of school going dependents of affected households .................................... 26 3.4 Records keeping........................................................................................................................ 26 3.5 Determination of Cut-off date................................................................................................. 26 4 DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT ASSISTANCE ................... 27 4.3 Resettlement allowance ........................................................................................................... 27 4.4 Livelihood support to the PAPs ............................................................................................... 27 4.5 The different forms of compensation and resettlement facilitation ....................................... 27 4.6 Eligibility .............................................................................................................................................. 28 5 VALUATION OF AND COMPENSATION FOR LOSSES .................................................................. 29 5.3 Compensation for Land ............................................................................................................ 29 5.4 Valuation for crops ................................................................................................................... 29 5.5 Resettlement measures for each category of eligible PAPs ............................................... 29 6 CONSULT WITH PAPs ON ACCEPTABLE ALTERNATIVES ........................................................... 30 6.3 Verification and disclosure of entitlements ........................................................................... 30 6.4 Other meetings and consultations ......................................................................................... 30 6.5 Main issues raised by the PAPs during the first meeting .................................................... 30 viii ARAP 6.6 Agreement on compensation and preparation of contracts ............................................... 31 7 GRIEVANCE REDRESS MECHANISM .............................................................................................. 32 8 DESCRIPTION OF RELEVANT ORGANISATIONS’ RESPONSIBILITIES...................................... 33 8.3 Roles of RUDP during Land and assets measurements ...................................................... 33 8.4 Roles of the PAPs...................................................................................................................... 34 8.5 Roles of the CoK ....................................................................................................................... 34 9 IMPLEMENTATION SCHEDULE ....................................................................................................... 35 10 ESTIMATED COSTS FOR RESETTLEMENT ................................................................................ 36 11 FRAMEWORK FOR MONITORING, EVALUATION AND REPORTING ..................................... 47 11.3 Monitoring plan ......................................................................................................................... 47 11.4 Resettlement Implementation Completion report ............................................................... 48 Annexes: .................................................................................................................................................... 49 Annex 1: Minutes of meeting with affected households..................................................................... 49 Annex 2: LIST OF AFFECTED STAKEHLDERS THAT PARTICPATED IN THE CNSULTATION MEETING ON , 19-11-2015 ..................................................................................................................... 54 ix ARAP List of Tables Table 1: Summary of proposed infrastructure works for Agatare area ............................ 5 Table 2: Details of property affected by implementation of subprojects in Agatare Area ......................................................................................................................................................... 6 Table 3: Assessed impact of the RUDP subprojects implementation in Agatare area ... 13 Table 4: Entitlement Matrix....................................................................................................... 13 Table 5: Comparison of Rwandan and World Bank Policies on Resettlement and Compensation ............................................................................................................................. 15 Table 6: Average Number of persons above 60 years old per affected household (N=221) ....................................................................................................................................... 23 Table 7: List and details of the businesses affected by RUDP in Agatare area ................ 24 Table 8: Categorization of affected households by size of households ............................. 25 Table 9: Average number of persons under 13 years old per affected household (N=221) ....................................................................................................................................... 25 Table 10: Source of income per affected household (N=226) ............................................ 25 Table 11: Average number of Students per affected household (N= 223)....................... 26 Table 12: Resettlement measures for each category ........................................................... 29 Table 13: Issues of PAPs and responses given ..................................................................... 31 Table 14: Roles and Responsibilities for each institution ..................................................... 33 Table 15: Implementation schedule ........................................................................................ 35 Table 16: Estimated cost for resettlement ............................................................................. 36 Table 17: Plan for Monitoring, evaluating and reporting ..................................................... 48 List of Figures Figure 1: Site Context at National and City level ................................................................... 7 x ARAP Figure 2: Location of Agatare Project Area for RUDP implementation .............................. 8 Figure 3 : Accessibility means in Agatare area ...................................................................... 11 Figure 4: Income levels per month per HH ............................................................................ 12 Figure 6: Institutional arrangement for implementation of RUDP in Agatare area. ........ 20 xi ARAP EXECUTIVE SUMMARY This document is the Abbreviated Resettlement Action Plan prepared by Green World Consult Limited (GWCL) on behalf of the Ministry of Infrastructure (MININFRA) as part of the processes for preparation of a funding proposal, the ‘Rwanda Urban Development Project’ (RUDP), for the development of urban infrastructure in the six secondary cities of Muhanga, Huye, Musanze, Rubavu, Rusizi and Nyagatare, as well as the Agatare area of the Nyarugenge District in the City of Kigali (CoK). As the social and environmental safeguards consulting firm, GWCL, was required to study the environmental and social impacts of the RUDP, and prepare a Resettlement Action Plan to guide MININFRA, as the executing agency of RUDP, and the implementing agencies (the beneficiary districts that host the six secondary cities and the CoK), in event RUDP implementation in Agatare involved acquisition of land and consequent involuntary displacement of the project affected persons (PAPs). Survey of the proposed subprojects in Agatare Area of the CoK established that up to 34 households will have to be displaced and another 255 households will be partially affected without necessarily having to be displaced to give way for the implementation of the respective proposed subprojects. The Rwanda Law requires that MININFRA as the Executing Agency of the RUDP applies for expropriation of the affected property in public interest, and ensures that the CoK as the Implementing Agency, diligently values the affected property, and duly compensates and facilitates the resettlement process of the PAPs. In addition, according to the World Bank Operational Policy on involuntary displacement and resettlement, WB OP 4.12, the CoK has to follow up the PAPs and support their restoration of livelihoods to better level or at least a level equivalent to the standard the PAPs were are prior to the displacement. The WB OP 4.12 to this effect requires that a Resettlement Action Plan (RAP) be prepared to guide the process of acquisition of the land, valuation and compensation for the land and property thereon, and resettlement of the displaced persons; and in the monitoring of the resettled persons to ensure that their livelihoods are at minimum at level equivalent to the level prior to being expropriated. Going by the principles of the WB OP 4.12, an ‘Abbreviated RAP’ (ARAP) was prepared for implementation of RUDP in Agatare area given the limited number of persons that will have to be entirely affected and will have to be displaced as indicated above. The main elements of the ARAP for Agatare area are: public consultation and engagement with affected citizens on expropriation processes, social assessment of the PAPs, census report of the PAPs, documentation of assets of the PAPs, disclosure of cut-off point and entitlement, provision of alternatives, compensation and resettlement, addressing grievances, monitoring and reporting of the compensation and resettlement. The CoK has proposed to offer land for land compensation and or build alternative equivalent houses for the property owners at the current standard of the city that will be better or higher 1 ARAP in standard than the affected structures, as compensation for the physically displaced persons. In case of tenants the CoK is proposing setting up temporary model housing for renting in the area to assist the tenants adjust and look for new housing arrangement in the interim. The other option offered by the CoK is payment of cash for the land owners that fail to agree to any of the above alternatives. The CoK is also proposed to citizens that all the informal businesses that will be displaced by implementation of the proposed subprojects will be provided alternatives equivalent or better than level they were operating at prior to the implementation of the planned infrastructure projects. This will include providing the PAPs with space in the different existing or planned public markets and unionizing them into cooperatives to assess public support for their businesses. Those partially affected will be given the option of their houses being repaired by the city contractors or being given cash compensation. The total cost of the ARAP implementation for Agatare area in the CoK was estimated at RWF 1,010,000,300 (equivalent to USD 1,346,4667.7$) including compensation for the property, and offer of disturbance allowance, and of resettlement actions and resettled persons. A Grievance Redress Mechanism (GRM) has been established in accordance to the Resettlement Policy Framework for the RUDP, Rwanda Law and WB OP4.12 guidelines. The GRM has been popularized through sensitization by GWCL as the Safeguards Consultant, as part of the efforts in preparation of the ARAP for Agatare area. The GRM provides a framework for any aggrieved party to seek review of the decisions of the implementation of the ARAP for Agatare area. Forms for capturing any grievance raised have been left at Nyarugenge Sector level; the Nyarugenge land Bureau will handle any grievance related to resettlement and compensation before and during implementation of the RUDP subproject activities in Agatare area and filed complains at the Nyarugenge Sector level will be gather by the Sector executive and forwarded to Nyarugenge District Land Bureau for addressing and resolving. Efforts were made to sensitize all those involved to ensure that they use all available avenues under the GRM to resolve any disputes without necessarily going to the Courts of Law. 2 ARAP 1. INTRODUCTION 1.1. Description and location of the project With funding from the World Bank, the Government of Rwanda (GoR) through the Ministry of Infrastructure (MININFRA) is in the process of preparing an investment proposal to support the development of six secondary cities of Rwanda including Musanze, Rubavu, Nyagatare, Huye, Rusizi, and Muhanga; as well as development of infrastructure in Agatare area of Nyarugenge District in the City of Kigali. The proposed investment aims to improve urban management, infrastructure services and local economic development. The key project elements components include: a) Performance Based Grants to Support Infrastructure Investments for Basic Services (including settlement upgrading) in the secondary cities of Rubavu, Rusizi, Musanze, Muhanga, Huye, and Nyagatare that have been identified in the National Urbanization Strategy to serve as poles of future urban and economic growth. The focus will be on supporting district governments in improving core infrastructure and services in the core urban centers of these six districts. Districts would be provided with grants based on their performance in critical institutional areas such as urban management (including, but not limited to, procurement, financial management, revenue collection, and planning and budgeting). b) Facilitating Local Economic Development in the six secondary cities: Linked to the infrastructure investments, support will be provided to secondary cities in promoting local economic development this could include infrastructure investments to facilitate markets, and technical assistance to district governments in enabling and partnering with the private sector (e.g., through guidance on Public Private Partnership (PPP) arrangements). c) Upgrading of the Agatare Informal Settlement in Nyarugenge District of the City of Kigali. This intervention includes planning, facilitation and implementation of the Agatare neighbourhood upgrading intervention, and is intended to serve as a pilot for testing approaches for community based urban regeneration that can subsequently be scaled up to other parts of Kigali and to secondary towns. d) Technical Support for the Implementation of the National Urbanization Strategy: Targeted capacity building support will be provided to districts and national government agencies working to enable an equitable urbanization process which also promotes economic growth. In the six secondary cities the focus will be on (a) improving urban management, spatial planning systems through use of GIS and support to the ongoing effort to revise master plans, as well as enhancing the capacity of cities to plan, develop and execute capital investment plans in view of their long term urbanization trends, (b) supporting the development of a systematic methodology and approach on urban upgrading (e.g., land 3 ARAP sharing for housing, community roles in housing development etc.) and for sharing its knowledge between Kigali and other districts, (c) at the national level, support could be provided to national government entities such as RHA to establish an urban observatory, including the systematic collection of data on demand and supply aspects of housing. e) Project Management Support: Support will be provided to the implementing agencies at national level and to the Districts on project management, including for the recruitment of staff as needed (e.g. engineers, financial management, procurement, Social and Environmental Safeguards specialists). The districts may also be provided with technical assistance for managing and implementing infrastructure works. The RUDP implementation in the Agatare area in the CoK will include rehabilitation and construction of several infrastructure projects that principally fall under three categories: rehabilitation, expansion and upgrading of urban roads from murram to cobblestone and asphalt grade; construction and rehabilitation of natural and existing drains; and to a limited extent setting up a new public street lighting system in the Biryogo, Agatare, Kiyovu and Rwampara cells of the Nyarugenge Sector in Nyarugenge District of the CoK. The proposed infrastructure developments were assessed to trigger the Bank policies WB OP 4.01 on Environmental Assessment (EA); the WB OP 4.11 on Physical Cultural Resources (PCR); and. WB OP 4.12 on involuntary displacement and resettlement. 1.1.1. Project objectives and outputs The overall objective of the proposed project is to support Rwanda’s urbanization process by delivering basic services that will improve living conditions and promote local economic development. The project is guided by Rwanda’s Urbanisation and Rural Settlement Sector Strategic Plan 2013-18, which appropriately recognizes and calls for the need to ensure socially equitable development and environmental integrity in all urban infrastructure developments. The Sector Strategy promotes the development of secondary cities while creating a network of urban and urbanizing centers. Additional overall urban development guiding principles to be followed in preparing this project are: (a) designs which will encourage densification of the cities, resulting in reduced urban infrastructure and services costs, (b) local economic development must also be taken into consideration in the dialogue with the cities as to investment options, and (c) the investment options must be ranked as well using social inclusive growth as a major criteria. 1.1.2. Proposed prioritized infrastructure subproject types and dimensions for the first phase of RUDP in Agatare Area of the CoK 4 ARAP The following project types with respective purposes and focus were identified and selected by local authorities with citizens’ engagement and participation in Agatare area of the CoK. The Citizens’ Engagement and participation was coordinated by the District of Nyarugenge and the CoK, with technical backup and facilitation from the Feasibility Study team (Voyants Ltd.) and the Safeguards team (GWCL). Below are the proposed subprojects: Table 1: Summary of proposed infrastructure works for Agatare area Area Proposed Projects Tentative cost (Million USD) Agatare o 8 m Wide Roads = 1,200m in length upgraded to asphalt  1.00 informal o 6 m wide roads = 2,840m in length using mostly  1.50 settlement, cobblestones Nyarugenge o 4 m wide roads = 2,220m in length using mostly  0.90 District, CoK cobblestones o 3 m wide roads = 1,320m in length using mostly  0.50 cobblestones o 2 m wide foot path = 1,360m in length using concrete  0.65 pavers o 1.5m wide foot path = 8,025m in length using concrete  2.80 pavers. o Public Street lighting  0.50 1.1.3. Subprojects for which land acquisition and resettlement are required All the above proposed subprojects will require land and will lead to limited displacement of households. Through surveying and ground truthing the proposed development of both the roads and the drainage physical infrastructure in Agatare area was assessed to displaced 34 households and partially damage property for over 255 households. The summary of the affected households for the respective categories of proposed infrastructure are given the Table 2 below: 5 ARAP Table 2: Details of property affected by implementation of subprojects in Agatare Area Type of subprojects Number of partially affected Number of Total of entirely affected affected property Drainage, footpath and roads 255 34 289 TOAL 255 34 289 1.1.4. Delineation of study area for the assessment Nyarugenge District of CoK comprises of 8 sectors including Nyarugenge, Muhima, mageregere, Kanyinya, Kimisagara, Nyakabanda, Rwezameyo, Nyamirambo, and Kigali Sectors. The project area includes the majority of the Agatare and Rwampara cells and the southern portions of the Kiyovu and Biryogo cells (Figure 1). The total area of the study is 86 ha compared to the sector which covers 456ha, but with the latter having 84% of the population of Nyarugenge sector. Map 1: Location of the study area in national and local context 6 ARAP Source: GISTECH, 2015 Figure 1: Site Context at National and City level Figure 2 below provides the details of the constituent cells including the population and population densities, the total household numbers, and the land area of the umudugudu (villages) of the constituent cells in the Agatare project area. 7 ARAP 2 Project Summary Overview of Nyarugenge Sector Unplanned Settlement BIRYOGO KIYOVU STUDY AREA IS LOCATED IN Population 2436 Population 4459 Total area 11.46 Ha Total area 19.89 Ha NYARUGENGE SECTOR & COVERS THE Density 224 persons/Ha Density 213 persons/Ha CELLS OF BIRYOGO, AGATARE, Total Household 698 Total Household 405 RWAMPARA AND KIYOVU. UNPLANNED AREA = 86 HA TOTAL POPULATION = 18,914 TOTAL HOUSEHOLD = 3,977 HOUSEHOLD SIZE = 4.8 DENSITY = 220 PERSONS/HA AGATARE RWAMPARA Population 5821 Population 6198 Total area 27.62 Ha Total area 26.24 Ha Density 211 persons/Ha Density 236 persons/Ha Total Household 1292 Total Household 1582 Inception Studies Source: Feasibility Study ppt presentation material by Voyants Ltd. Figure 2: Location of Agatare Project Area for RUDP implementation 1.2. Scope of the ARAP The aim of this ARAP report provides an action plan that will ensure that the PAPs livelihoods and standards of living are improved or at least maintained at level they were prior to the displacement, or to levels prevailing prior to the beginning of project implementation, whichever is higher. The scope of work undertaken during the RAP preparation included:  Survey of projected affected area, land and property there on;  Census of the PAPs including persons and their land, assets and property thereon;  Socioeconomic assessment of the PAPs;  Valuation of the land and assets and property thereon to be expropriated;  Analysis of the objective of resettlement programmes;  Consultations with affected Project Affected Persons (PAPs)  Analysis of the legal framework;  Analysis of institutional framework covering the identification of agencies responsible for resettlement activities,  Establishment and popularization of a Grievances Redress Mechanism through evaluation socially and legally available and, affordable and accessible procedures for third party 8 ARAP settlement of disputes arising from expropriation and resettlement process.  Defining relevant organizations’ responsibilities for implementing expropriation and resettling of PAPs, including identification of agencies responsible for implementation of the compensation and resettlement actions as well as monitoring of the PAPs during and after resettlement;  RAP Implementation schedule covering all resettlement activities from preparation through implementation.  Cost and budget showing itemized best cost for all activities; and,  Monitoring and evaluation mechanisms-Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by World Bank. 1.3. Methodology The preparation of this resettlement action plan was through a combination of desk study, surveying of the project areas and affected land and property, socioeconomic survey and assessment of the PAPs, census of the PAPs, their assets and property, and valuation of the land and property thereon to be expropriated. The desk study involved review of project documents and analysis of the proposed subproject feasibility reports including maps for the project sites, preliminary technical designs and rapid assessment reports on the social and environmental impacts; and surveying of the project sites to establish the location of the proposed subprojects and establish the exact impact of the proposed subprojects in terms of required land and affected property. The field survey consisted on conducting household census of identified PAPs; conducting social assessment of the subproject sites in the seven cities including socioeconomic study of the PAPs as well as census and measurement of their land, and assets, property and crops thereon which will be affected by implementation of the RUDP subprojects. Meeting and discussions with PAPs and key stakeholders including District Administration was also undertaken and significantly informed the preparation of this ARAP. 1.4. Socioeconomic profile of Agatare area 1.4.1. Demographics The entire site that is the focus of the study is approximately 86 hectares in area with a population of 18,914 inhabitants within 3,977 households as per the 2012 census. Agatare area like for the rest of CoK, has a sex ratio that is skewed toward men with an average of 106 males for every 100 women. The Agatare area also has over 80% of the population under 40 years of age.Housing + Public Amenities Although the Agatare project area is mainly comprised of poorly accessible houses in deteriorating condition (largely of mud and wood with iron sheet roofs), there are pockets of residential development and civic buildings (churches, clinics and schools) that consist of entirely new structures or ones that have undergone significant renovation. In the last few years, there have also been targeted investments made in public amenities, such as a covered walkway/drainage channel on the northern half of the site and a tarmac road that bisects the 9 ARAP study area from east to west. Despite these localized improvements, the overall area is still characterized by a lack of infrastructure/public services and few organized site systems such as pedestrian, drainage and slope management. These infrastructural challenges are the main reason why the area was identified as one of the priority cases for urban upgrading in the “Kigali City Informal Settlement Report” (RHA, May 2014). Although the Kigali City Master Plan does propose the introduction of a few collector roads intended to improve overall access to and within the surrounding context, these additions should ideally be incorporated into an overall structure plan to measure them against a clear list of community priorities to determine their viability (physically, economically and socially) and maximize their benefit. As with the discrete building improvements or new construction projects, there have been successful attempts to strengthen the site’s social networks as well. Residents have organized themselves into cooperatives (e.g., weaving, wetland agriculture, transport) in order to promote economic opportunity, gender equity and community engagement. District authorities have also stepped in to assist the community in developing processes to facilitate participation in the collection of fees for transportation improvements and waste management. 1.4.2. Existing situation of the physical infrastructure in Agatare area Because it is an upgrading area due to unplanned as well as uncontrolled developments majority of the houses are poorly constructed or dilapidated with no access. 70% of the houses have no vehicular access and the footpaths are also dilapidated and eroded (see figure 3 below). About 20% of the houses are located along the motorable earth roads. These roads are also in a very poor state. Only 5% of the houses are located along the main tarmac road. This makes it very difficult for emergency response like ambulances and fire trucks to access certain areas in case of fires, etc. 1.4.2.1. The challenge of accessibility Over 80% of the respondents in the project area during the urban planning study for upgrading Agatare area (GISTECH, 2015) indicated that accessibility was their biggest challenge. The majority of the residents current access their residents and other facilities in the project area by foot (Figure 3). Indeed because of the informal and unplanned nature of the houses in the area direct access as well as vehicular navigation of the project area is very difficult. 10 ARAP Source GISTECH, 2015 Figure 3 : Accessibility means in Agatare area Although people can walk through easily, the narrow paths and environment safety issues depicted above make the footpaths highly risk. The problem of accessibility in Agatare is more severe to residents who own private vehicles because majority of them do not have direct access to a motorable road/street. Usually, they park their vehicles at Rwampara cell office at night and pay a night guard to watch over the cars. Others park their vehicles in groups along the lighted Kiyovu-Nyamirambo asphalt road. The street-lights at night still cannot deter potential thieves and they too are forced to hire night guards. While it is evident that some drains have been improved to address the problem of storm water in the area, some residents release waste (grey) water into the drains causing pollution along the channel and in the final location of disposal – often Rwampara wetland. Other drains are just natural and un-serviced. Because of low velocity of water in these drains, uncollected solid waste is deposited along the drains leading to blockage and flooding of houses lying along the drain corridor. Some of the existing covered storm water drains which also serve as footpaths in the upgrading area requires repair after being destroyed (swept over) during heavy rains because of high velocity of the water. Three factors are responsible for the high velocity and destruction: impervious surface, high gradient, the presence of solid waste from households which affects smooth flow of water and the general capacity of the drains. To establish the correct sizes, location and length of the drains required to address this problem, an in-depth hydrological modeling is necessary. 1.4.2.2. Economic activities in Agatare Area Both formal and informal business activities thrive in the area with traders dealing in new and second-hand clothes, groceries, spare parts for vehicles, motor-bikes, electronic etc. Other sources of income include transport business e.g. motor-bike taxi and sale of food-stuff. 11 ARAP The economic epicentre of the project area is Biryogo market which is located to the Northern side of the study area. Nine hundred (900) stalls deal in second-hand clothes, 50-80 stalls deal in shoes while others sell farm produce and food stuffs. Field investigations indicated that 24% of the respondents have one member of the family that is formally employed while almost same percentages (27%) have one family member in informal employment Figure 4: Income levels per month per HH Source: GISTECH, 2015 Key economic challenges reported faced by residents include lack of designated place for working; flooding during rainy season in Rwampara wetland; lack of appropriate livelihood skills and training; limited access to financing; and lack of parking space at Biryogo market. 12 ARAP 2. POTENTIAL RUDP IMPACTS The proposed rehabilitation and construction of roads and drainage infrastructure in Agatare area will lead to only 39 households being physically and economically displaced. Another 257 households were assessed as being partially affected in terms of partial damage to their property or acquisition of part of their land without impact on the premises. The summary of the expected impacts including loss of land and property and other structure are given Table 3 below. Table 3: Assessed impact of the RUDP subprojects implementation in Agatare area Item Unit Affected District Nyarugenge Affected Sector Nyarugenge Affected cells Kiyovu, Biryogo, Agatare, Rwampara A) Losing houses and assets Houses – living quarters 34 commercial premises/ formal and 13 informal B) Land Households loosing lands or partial 255 effects 2.1 Loss of livelihoods The survey and assessment of the project sites revealed that 7 formal and 5 informal businesses will be entirely leading to loss or reduced livelihoods 2.2 Entitlement Matrix PAPs were categorized as shown in the table below: Table 4: Entitlement Matrix Category of Type of Loss ENTITLEMENTS PAP Compensation Compensation Compensation Moving Other for Loss of for Loss of for Loss of Allowance Assistance Structures land Income 13 ARAP Property Loss of land ------ Land ------ None Owners replacement at new site, plus land clearing by project. Compensation in cash will be considered if the lost land is below 20% of total land Temporal loss of Rental land allowances Property lease Loss of Compensation For lost rental Coverage Disturbance structure/houses at full income Lump of full cost Allowance holders/Tenant replacement sum cash for total value not payment of 6 transport depreciated, months’ rent expenses taking into per tenant account market values for structures and materials. Loss of crops Crops at market cost in scarce season(the value of crops is considered at harvesting period 14 ARAP 2.2 Gap Analysis between Rwandan Expropriation Law and WB Op 4.12 There are a number of differences between the Rwandan expropriation law and the World Bank operational policy, WB OP 4.12. In such instances the rules in WB OP 4.12 shall prevail. The key differences relate to the general principles for resettlement including income restoration, eligibility criteria, the notification period for expropriation and resettlement, compensation options, fair and just compensation as well as support to displaced or relocated people. The key differences between Rwandan Law and the Bank’s operational policies are outlined in Table 4 below, including the recommendations used in addressing such differences in preparation of the ARAP for Agatare area RUDP. Table 5: Comparison of Rwandan and World Bank Policies on Resettlement and Compensation Category of Rwandan Law World Bank OP4.12 Comment PAPs/ Type of Lost Assets Land Owners According to the National Land Identification of PAPs is The Constitution (loss of land) Policy, all Rwandese enjoy the done through census and provides for land- same rights of access to land, socio-economic surveys of based resettlement. implying no discrimination the affected population, Although its against women. All land should provisions could be be registered for security. The PAPs with title as well as interpreted as title is tradable, but not if it PAPs who do not have a implying a preference fragments plots below 1 formal title but have for land based hectare. customary and traditional strategies for right recognized under displaced persons Compensation for non- Rwandan law or who have whose livelihoods are transferable property based a recognized claim to the land-based, there is upon market value. land at time the census no specific legislative begins – are entitled to or regulatory Land owners, under Rwandese compensation for land provision made for Law, received cash that they lose (besides this preference. compensation based upon other assistance) market value. Land-for-land exchange is the preferred option; compensation is to be based on replacement cost Land Squatters Rwandan legislations entitles Must be compensated for Consider all forms of (i.e. those who only those who are houses and other tenancy have no “landholders” with legal structures whatever the based on formal or recognizable possession of property legal recognition of their informal rights/ legal right of occupancy (see below). agreements between 15 ARAP claim to the land Land tenants, under Rwandese the that they are Law, are entitled to Entitled to compensation land owner and occupying compensation based upon the for loss of crops, and tenants as well as amount of rights they hold upon assistance for relocation, those not legally land under relevant laws. as the case may be, and recognized as long as assistance for restoration they assist – will be The Organic Land Law of livelihoods (see below) compensated as per recognizes existing rights, the principles whether written or unwritten, of OP4.12. under both civil law and customary practices through new national land tenure arrangements. Efforts are being made under the Law (Article 7) to formalize land ownership, especially those acquired through customary means. For instance, rural populations with customary/indigenous land rights are being encouraged to register their land through decentralized land institutions like the District Land Bureau, Sector Land Committees and Cell Land Committees (Ministerial Order N° 001/2006 of 26/09/2006 determining the structure of Land Registers, the responsibilities and the functioning of the District Land Bureau). Land Users/ Land users, in some cases, have No specific provisions to Will be compensated Land some form of secured tenure land compensation. for their movable Sharecroppers / extended to them under new properties and Tenants laws. In other cases land users Entitled to compensation activities present on are not entitled to for crops, entitled to the expropriated land (These include compensation for land, entitled relocation assistance as or property family members, to compensation for crops and the case may be and and/or tenants any other economic assets. income must be restored or any other to at least pre-project persons using Land users are entitled to levels (see below). the land to grow compensation for crops and any crops). other economic assets. Owners of non- Owners of “non-permanent” Recommends in-kind Families should be permanent buildings are entitled to cash compensation or cash consulted on and 16 ARAP buildings compensation based on market compensation at full offered options to value or entitled to new housing replacement cost including choose from. on authorized land under labor. Recommends government (state or local) resettlement assistance housing programs. Owners of Owners of “permanent” Entitled to in-kind permanent buildings are entitled to cash compensation or cash buildings compensation based on market compensation at full value. replacement cost including labor and relocation expenses, prior to displacement Perennial and Perennial crops are Market value for lost annual Crops compensated with cash based crops. upon rate calculated as an average net agricultural income. Income restoration assistance (such as land preparation, credit facilities, training etc). Land for land compensation allows people to re-establish annual crops immediately. Seasonal crops Market value for lost crops when arrangements cannot be made to harvest. Livelihood There are no explicit provisions Livelihoods and living Follow OP 4.12 restoration and on livelihood restoration. standards are to be guidelines and development restored in real terms to principles assistance pre-displacement levels or better 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 (for ex. land preparation, jobs, credits facilities); Timing of Resettlement must take place Implement all relevant Follow the OP. 4.12 17 ARAP compensation only when PAPs have been fully resettlement plans before guidelines and payments and fairly compensated, and project completion and principles compensation has to be provide resettlement completed within 120 days after entitlements before the valuation report is submitted displacement or restriction and decision taken by the of access. For projects expropriator. involving restrictions of access, impose the restrictions in accordance with the timetable in the plan of actions. Consultation and The Expropriation Law governs Consult project-affected Follow the OP. 4.12 disclosure the specifics of land acquisition. persons, host communities guidelines and The law provides for public and local NGOs, as principles dissemination on the appropriate. Provide them importance of the project to be opportunities to established and the need for participate in the expropriation. In addition to planning, implementation, dissemination, the Expropriation and monitoring of the Law requires prior consultative resettlement program, meetings and examination of especially in the process the project proposal involving of developing and expropriation, with a view to implementing the avoid eventual prejudice on the procedures for person or entity subject to determining eligibility for expropriation. Normally, a compensation benefits consultative meeting is held and development within 30 days after receipt of assistance (as the application for documented in a expropriation. Based on these resettlement plan), and consultations, the relevant Land for establishing Commission or Committee appropriate and accessible (from the Cell level to the grievance mechanisms. National level) takes a decision to approve the project within a period of 15 days. Relocation The person to be expropriated is Avoid or minimize Resettlement assistance and defined to mean any person or involuntary resettlement facilitation and resettlement legal entity who is to have his or and, where this is not support to follow WB assistance her private property transferred feasible, assist displaced policies due to public interest, in which persons in improving or at case they shall be legally entitled least restoring their to payment of compensation. livelihoods and standards of living in real terms relative to pre-displacement levels 18 ARAP or to levels prevailing prior to the beginning of project implementation, whichever is higher. Moving allowances Grievance The Expropriation Law Article Establish appropriate and Chapter 11 of this RPF mechanism and 233&34 stipulate the process and accessible grievance provides for GRM in dispute resolution procedures for contesting the mechanisms detail. valuation by 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). Displacement The notification period under Requires that national legislation requires that displacement must not property must be handed over occur until all necessary 120 days after financial measures for resettlement compensation has been paid are in place In a number of cases, as shown in Table I above, the WB requirements are more favorable to PAPs than the provisions of the Rwandan Law. All in all, in the event of divergence between the two, the policy which will be considered to be of a comparatively higher standard shall apply. Institutional framework The sketch of the RUDP implementation institutional framework is provided below in Figure 8. The Central Government, principally MININFRA, LODA and RHA, will have an oversight role over the implementing agencies which include the Districts of the six secondary cities and Nyarugenge District of the CoK. The oversight will include coordination and monitoring of performance of implementation of the respective subprojects, risk management, implementation of RAPs and EMPs, monitoring &evaluation and disclosure of information, developing and putting in place performance agreements, and developing and implementing the communication strategy for Urban Development Project. The MININFRA will be the project executing Ministry with the key role of coordinating the implementing agencies (Districts with six secondary cities and CoK) and other key players including relevant Ministries (MINECOFIN, MINALOC, MINIRENA, MINICOM), Provincial Administrations with the concerned Districts, RGB, RHA, RTDA, LODA, WASSAC, RRA, REMA & RDB among others. 19 ARAP MINECOFIN Borrower for the RUDP and responsible for ensuring MININFRA – Project Coordinating Unit value for money Executing Agency of the RUDP Leads coordination of key stakeholders including CoK, LODA, RHA, RTDA & RDB Rwanda Housing Authority, RHA Roads and Transport Chairs the settlements upgrading committee – Development Authority, RTDA (MININFRA, CoK, Nyarugenge District) Provision of technical backup and Will provide policy guidance and technical oversight for RUDP oversight on RUDP upgrading of Agatare area Local Development Agency (LODA) Responsible for management and disbursement of Resources; serve as the Project Implementation Management Unit through the Single Project Implementation Unit, SPIU SPIU within LODA Managing the implementing agencies and monitoring of works to ensure social and environmental concerns are taken on board City of Kigali, CoK Project Implementation Unit (PIU) Responsible for contracting and supervising of the contractor Figure 5: Institutional arrangement for implementation of RUDP in Agatare area. LODA will responsible for management of the funds, and will host the Project Management Unit (PMU). LODA will also manage and oversee the implementation of the subprojects by the beneficiary Districts and CoK. The project implementing agencies will include the Districts of the six secondary cities and Nyarugenge District of the CoK. The roles of the implementing agencies will include:  Contracting and implementing physical works, according to agreed procurement procedures  Managing sub accounts (SOEs etc) according to agreed FM arrangements  Providing quarterly financial reports on physical and financial progress  Environmental and Social Safeguards Implementation  Informing and engaging citizens  Resolving Grievances and complaints  Ensuring availability of district officers 20 ARAP Under each District the Executive Secretary will be directly responsible for effective implementation of the project. Implementing agencies will also be directly responsible for the following activities in preparation of the project:  Review investment priorities identified by Feasibility Study Consultants  Consult locally – CSO, private sector, communities etc  Confirm selection of subprojects  Collaborate closely with consultants preparing the project (FS & Safeguards consultants)  Disclose executed budget for 2014/2015 by December 2015 2.2.1. Implementing support from LODA The Single Project Implementation Unit will comprised of the following technical expertise Municipal Engineer as the RUDP Implementation Coordinator, a Financial Management Specialist as the finance and administration manager, and a Sociologist and a Environmental Expert as the social and environmental Safeguards oversight managers. The SPIU will also serve as the ‘Capacity and Implementation Support Team’ to the implementing agencies assisted by construction supervision consultants and social and environmental experts in project impact monitoring and assessment. 2.2.2 Establishment of the Grievance Redress Mechanism It is for the benefit of both the project and the PAPs to devise a grievance redress mechanism through which complaints and disagreements can be resolved. The grievance framework recommended for this RAP is built on already existing structures within the laws of the GoR and affected community. The project is advised to develop organs involved in resettlement such as Resettlement Steering Committee (RSC) at the District level include the project representatives, the PAPs representatives, the District representative, and relevant key stakeholders. 21 ARAP 3. CENSUS AND SOCIAL ASSESSMENT OF PAPs Land surveyor and sociologist identified and assessed the PAPs for the existing property and socioeconomic conditions as well as the impacts that will be occasioned by implementation and operationalization of the RUDP in Agatare area. A Rwanda certified valuer working under the safeguards consulting firm, GWCL, carried out the valuation with participation and oversight of another certified property valuer from the CoK. 3.1. List of project affected persons Topographic and land survey work using GIS based land information gathering approaches was used to confirm the demarcations of the respective subprojects proposed under RUDP for Agatare area. Two meetings were organized and held before the survey and assessment of the impact of RUDP implementation. This included one with the general community members from the affected cells; and a second one with a narrowed down list of those initially assessed by surveyor to most likely be impacted by the implementation of the subprojects. The two meetings were held on 23/10/2015 and on 19/11/2015 respectively. The meetings were held to explain to the PAPs the proposed project activities, the process and purpose of ARAP, discussion and agreement on ARAP implementation including compilation of the list of PAPs, valuation and social assessment of the PAPs, forms and modalities for compensation, facilitation of the displacement and resettlement of PAPs, following up of PAPs, and the Grievance Redress Mechanism (GRM). During the last meeting a Resettlement and Compensation Committee for the Agatare area RUDP–ARAP implementation set up. The committee comprised of local leaders, representative of the PAPs, one from each cell, District leaders, and women and youth representatives, in accordance with the Rwanda Expropriation Law. The surveyor, certified property valuer and the sociologist with four teams working in the different cells conducted the assessment of the PAPs for confirmation of the subproject boundary lines, extent and value of the affected land and property thereon, inventory of the property owners including their identification details and photographs by their property, exact location and status of ownership, size and type of property affected (where property was involved) and percentage of expected impact as well as the value of the estimated impact. In addition, a disturbance allowance was calculated as per the expropriation law, and added to the total value of the affected property for expropriation. This resulted in compilation of the list of PAPs, affected property and value of the compensation for the affected property (Table 6). A meeting was organized on 8th December, 2015 and presented to the PAPs during disclosure held at a meeting within the project area. After two disclosures, corrections were made and final lists were signed by the respective PAPs in present of the Sector leaders, and attached to the ARAP. The main findings of the census were that 289 households will be affected; with 34 entirely affected and households displaced, and another 255 partially impacted without displacement of the households. The table below summarizes the social economic situation of affected households. 22 ARAP 3.2. Socioeconomic assessment of the PAPs 3.2.1 Vulnerable groups/persons The socio-economic survey identified that over 45.4% of household heads affected are women headed and these are considered vulnerable people among the project affected persons as indicated in the chart below. There was no identified child headed households in the project area. Chart 1: Percentage of house hold head in Agatare area of Kigali city 3.2.2 Number of old persons in the affected households On average around 35 households recorded the presence of elderly persons in their households and the majority approximately 65% recorded no presence of elderly persons. Table 6: Average Number of persons above 60 years old per affected household (N=221) None 143 65.0% 1 person 47 21.1% 2 Persons 28 12.6% 3 Persons 3 1.3% 23 ARAP 3.2.3 List of affected businesses in Agatare area There were 7 formal businesses and 5 informal businesses that will be affected by the implementation of the RUDP. The details of these are provided in Table 7 below: Table 7: List and details of the businesses affected by RUDP in Agatare area Destin Age of No. Monthly ation busine Category Type of of Income of Place ss Sub- Name of of Age of business sta Average produc of (years Commen project owner Sex business owner activity ff (RWF) tion selling ) ts Murekatete Small Bar in AS23 Merita W Informal 46 residence 1 100,000 Kiyovu Kiyovu 2 Musanabera Store/Bralirw Bralirwa AS25 claire W Formal 47 a 4 600,000 Kiyovu Kiyovu 1.2 Stock Salon de coiffure; Depot yamakara Multi- Sebikamba (Charcoal Rwamp Rwamp commercia AS9 Yousouf M Formal 52 stock);Boutique 3 60,000 ara ara 2 l zone Rwanyagahu Rwamp Rwamp AS9 David M Formal 54 Depot;Boutique 2 300,000 ara ara 1 Tenant Dushimiyiman Rwamp Rwamp AS45 a JMV M Formal 48 Boutique 1 40,000 ara ara 3 Tenant he is the owner of Munyagashi Rwamp Rwamp the water AS30 Frodouard M Informal 61 Water house 1 150,000 ara ara 25 house AS31 Habimana M Informal 2 Charcoal 1 30000 none Rwamp 0 07832016 zuberi years selling ara cell 27 AS31 Uwindatwa W formal 1 year Salon de 1 18000 none Rwamp 0 07855602 salama coiffure ara cell 97 AS31 Kagweba M informal 36year Tailor 2 38000 Rwamp Elsewhe 6 07831144 s commerce ara re in 94 kigali AS 31 Nyirahabiman W informal 2 Charcoal 1 40000 Rwamp Rwamp 7 07833651 FP11 a mariam years selling ara ara 7 2 AS36 MUREKATETE W formal 36 marketing non 100000 Rwamp Rwamp 6 07888477 SAFINA e ara ara 19 -gacaca Rich man in kigali AS36 Murekatete W formal 47 Commerce non 20000 kimisa Gacaca 5 0788494 hadja Boutique e gara kimisa 453 gara 24 ARAP 3.3 Size of affected households The size of affected that has between 6-10 persons is 44.3%, followed by those with 1-5 person at 40.7% , 11-15 person at 10% and lastly 15 person and more at 5% as indicated in table 8. Table 8: Categorization of affected households by size of households Number of Comments Size of household Percentage households 1-5 persons 90 40.7% 6-10 Persons 98 44.3% 11-15persons 22 10.0% >15 persons 11 5.0% 3.3.1 Number of children in the affected households The average number of children in the affected households is between 2-5 years recorded at 49.1% and less than 1 year old at 46.4%. Table 9: Average number of persons under 13 years old per affected household (N=221) Under 13 years old children N % <=1Child 102 46.4% 2-5 Children 108 49.1% 6-9 Children 10 4.5% 3.3.2 Sources of livelihoods for the affected household heads The high number of affected households is operating some kind of business activities as the main source of income recorded at 36.3% and the unemployed number of affected household is at 26.1%. Table 10: Source of income per affected household (N=226) Type of activities Number of households % Business 82 36.3% No job 59 26.1% 25 ARAP Professional 37 16.4% Casual Job 34 15.0% Agriculture 3 1.3% Self employed 3 1.3% permanent job 8 3.5% Total 226 100.0% 3.3.3 Number of school going dependents of affected households Table 11: Average number of Students per affected household (N= 223) Number of Students Number of households Percentage 0 38 17.0% 1-3 students 108 48.4% 4-6 students 66 29.6% >7 students 11 4.9% 3.4 Records keeping The information in this ARAP were evaluated by the Sector leaders and PAPs and confirmed as true. Both CoK and the MININFRA will keep this information including the relevant records and copies. 3.5 Determination of Cut-off date The entitlement cut-off date in lieu of this ARAP refers to the timeframe advertised by the CoK beyond which no more claims could be made for inclusion on the list of PAPs, and at which point no assessment of new persons and their property outside the published list would be undertaken. The cut-off date was determined through a meeting with the PAPs, the Nyarugenge Sector leadership and CoK Technical Managers, before the commencement of the census survey and social assessment on 17th November, 2015. The agreed cut-off date was November 30th, 2015. 26 ARAP 4 DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT ASSISTANCE 4.3 Resettlement allowance The CoK will compensate the PAPs for the listed affected items as valued in table 16 below as per agreed to and signed valuation forms. The type and form of compensation will be according to what was agreed to between the CoK and each representative of the affected households or owner of affected property/land, at the time of signing off of the valuation of forms. In regards to public service and utility infrastructure such as water points, electric poles, communication boxes and access roads, their relocation and or compensation will be negotiated with between the CoK and the service providers and in the implementation contract to be funded by the city. 4.4 Livelihood support to the PAPs PAPs will also get different assistance to assist them in resettling in new areas including planting materials, market space in areas under the jurisdiction of CoK, and training in business skills and or in new available livelihood options. The PAPs will be also encouraged to join CoK small- scale business or producer cooperatives as a means of integrating in new communities. The PAPs will also be encourage and supported to take up available employment opportunities that will be created by the implementation of the RUDP during the construction and rehabilitation of the proposed infrastructure in Agatare area. SPIU and Nyarugenge District technical managers of the RUDP will be tasked to including incentive to the contractors to hire, especially the manual labourers from the attendant communities. This will facilitate additional income that will support the PAPs with relocation and or construction of new dwellings. 4.5 The different forms of compensation and resettlement facilitation The CoK has offered to negotiate with the PAPs, after approval of the list of PAPs and value of expropriated property, on the different forms of compensation and assistance to PAPs in resettling and restoration of their livelihoods – including both land owners and tenants or users of the affected property. The suggested options including payment of cash; exchange of land for land; provision of temporary housing for tenants and landowners that have been displaced; integration of informal business owners into existing or planned markets near Agatare area; and organizing of such persons into cooperatives or integrating them into existing cooperatives so as to access public assistance for small enterprise development 27 ARAP 4.6 Eligibility Eligibility for compensation is as stipulated in the Rwandan Constitution (Article 29), the Expropriation Law of Rwanda (N° 32/2015 of 11/06/2015) and the Bank’s operational policy, WB OP 4.12. These documents regulate and give entitlement to the affected persons. The WB OP 4.12 goes further and recognizes the affected persons as that one using the land at the time, whether or not they have written customary or formal tenure rights. In the Rwandan Expropriation Law the person to be expropriated is defined as “any person or a legally accepted association operating in the country who is to have his or her private property transferred due to public interest as well as legally accepted local administrative entities”. 28 ARAP 5 VALUATION OF AND COMPENSATION FOR LOSSES This section describes the methodologies that were used to value losses and determine replacement costs as well as the roles of the different institutions and PAPs during the determination of compensation process. The new land law, especially regarding private ownership of land and compensation of such land acquired by Government in public interest in Rwanda, provides for negotiations over the value of land based ongoing market value as the means for arriving at an agreeable value. In other words, PAPs are accorded room to negotiate for the suitable compensation. The financial compensation will be the last option and the land value is calculated with reference to the benchmark prices for land and property set annually the Council of Certified Real Property Valuers in Rwanda. 5.3 Compensation for Land The exchange of land for land was suggested and was apparently the preferred means of compensation. In this context, the CoK will allocate approximately 3ha of lands to the PAPs who chose land for land in the compensation arrangement. 5.4 Valuation for crops As is shown in the results of census, crops were valued by the according to the established going market prices, and in line with provisions of the Rwanda Expropriation Law. The summary value of the crops is as indicated in Table 12. 5.5 Resettlement measures for each category of eligible PAPs The Table 12, below describes resettlement measures accepted for each PAPs category: Table 12: Resettlement measures for each category Item Affected Compensation measures Villages Losing lands 4 Exchange of lands or payment in cash Houses 4 Financial compensation and assistance in building other houses 29 ARAP 6 CONSULT WITH PAPs ON ACCEPTABLE ALTERNATIVES Consultation meetings with PAPs led by the CoK were held from the time of the GISTECH study since 2013. When GWCL came on board more formal consultations were conducted starting in the month of October 2015, to discuss issues related to resettlement and compensation. GWCL as Safeguards Consultant, together with local authorities with technical backup from the Feasibility Study team, held the citizen engagements with members of the general public on the preparations for the impending implementation of the proposed infrastructure subprojects in the area. This was followed up with another meeting with the prospective PAPs following the survey of the required land for the planned developments. After establishing and approval of the list of actual PAPs, two meetings were held to update them of the process and to review and negotiate the valuation of their affected land and property thereon. The local communities were fully involved in all the processes of the development of this ARAP and are well informed about the planned project. 6.3 Verification and disclosure of entitlements Upon identification of the households that would be affected by the project was completed, GWCL as the RUDP Social and Environmental Safeguards team, together with Technical Staff from the CoK and Nyarugenge District with the Nyarugenge Sector leaders, organized meetings with PAPs to discuss compensation requirements and concerns with the expropriation process and resettlement plans. The CoK also arranged meetings for the negotiations with the local communities to discuss the alternatives for resettlement and compensation. There have been one meeting for disclosure, one on November, 19, 2015 where GWCL and districts staff presented the list of affected households before conducting a detailed census and value of PAPs assets for validation by the affected persons and the second meeting is scheduled on the 12th December. Comments from the second meeting will also be incorporated in the final report. 6.4 Other meetings and consultations There will be other meeting and consultations with the PAPs, the respective banks, and parties involved in the land exchange programme to discuss how to proceed with the compensation and signing of the agreement and contract documents. 6.5 Main issues raised by the PAPs during the first meeting The following issues have been raised by the PAPs:  What is the time frame for compensation?  What are valuation methods for crops, land and other structures?  Availability of jobs during construction  When and how will land be compensated?  What are the other assistance that project will provides to PAPs 30 ARAP These issues raised by PAPs were responded as follows: Table 13: Issues of PAPs and responses given S. Gender Question/comment Response and how addressed in RAP No 1 Female How does this project help The project will benefit all people and it vulnerable people, people with needs people with the ability to work on disabilities? the project as well. 2 Female Priority for jobs should also Priority will include women, there will not consider women; women can do be discriminated against women if they are the same work. able to accomplish specific task. 3 Male Raised the issue of employment, The consultant team explained that local he suggested that the local people people will be involved in the employment, should be the first ones to be especially those with skills. But those with employed project. no skills will be taken as manpower in the project implementation. 4 Female How will be the expropriation? Will The laws of the country will be followed people have a choice on price for and PAPs will be given a number of their crops or houses destroyed? options including compensation in kind and/or in cash. 5 Female What benefits will there be for the Improved connectivity and accessibility in population? the area, better security and better access to the area markets 6 Female The project is genuine and very All affected assets will be compensated good for us loss of livelihood and with reference to existing laws and need for dwelling places after regulations. The PAPs will be followed relocation closely by the CoK to ensure that your lives are better or at least at the same level as before the project. 6.6 Agreement on compensation and preparation of contracts The CoK prepared formal agreement for release of the affected property, and compensation for the property and for payments for the expropriated land and property thereon, which was duly explained to the PAPs prior to their signing off. Those who chose cash were requested to provide their personal Bank accounts where their money will be transferred. The PAPs were all assured that they will only be moved or displaced after receiving their compensation. In case of husband and wife they were all required to sign off and agree to the banking and compensation arrangement. 31 ARAP 7 GRIEVANCE REDRESS MECHANISM In case of any dissatisfied person, it was made clear to the PAPs that the complaint should be recorded and filed with Nyarugenge Sector leadership for on ward consideration by the Nyarugenge District Land Bureau to handle any resettlement and compensation claim during and before implementation of RUDP project in Agatare area. The CoK is acknowledged institution for which the PAPs have been made aware of as avenues for expressing discontent and disapproval to the resettlement and compensation process. The Rwanda Expropriation Law clearly stipulates the complaints procedures for individuals dissatisfied with the value of their compensation. The Law stipulates that dissatisfied persons have a period of 15 days after the approval decision for the valuation has been taken in this case by the CoK to appeal. In the event that the PAP rejects the value given to his/her property they can ask for justification of the figure from the District land Bureau. Should they still disagree with the value given the District land bureau, they can appeal to courts of law at their own expenses. The District Land Commission officer was present at the local meetings so as to closely follow the proceedings and to guide local leaders when addressing appeals. If the grievance is not resolved via the District Land Committee/Bureau upholds the original value, the complainant final resort shall be to file the case to the competent Court of Law. According to the Expropriation Law, filing a case in courts of law does not stop expropriation process to be effected. The suing for review of the compensation decision should be done within 15 days after the local appeals decision is made. 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 have been fully informed, and will issue warnings about the consequences of failure to lodge their complaints in time. Within this customary procedure, affected people have been informed of the procedures before their assets are taken. The CoK will follow up the aggrieved PAPs at each level to ensure that the grievances are resolved. 32 ARAP 8 DESCRIPTION OF RELEVANT ORGANISATIONS’ RESPONSIBILITIES The Table 9 below gives the summary of responsibility and roles that should be played by every institution during the preparation of ARAP for Agatare RUDP subprojects implementation. Table 14: Roles and Responsibilities for each institution ORGANISATION RESPONSIBILITY CoK  Screening of sub-projects to identify resettlement and GWCL compensation requirements; (Safeguards team)  Preparation and implementation of ARAP;  Work with Nyarugenge District of the CoK to establish a grievance redress procedure ;  Provision of capacity building and technical support relating to resettlement and compensation activities. CoK and  Review and sign off of all documentation (e.g. completed ARAPs, Nyarugenge grievance forms, consultation plans); District  Participation in documentation of assets; authorities  Compensation of ARAP;  Responsible in monitoring and implementation. PAPs  Participation in measurement and valuation of assets of PAPs CoK and  Identification of land for replacement and effective consultation at Nyarugenge the sector level, cell level, and at village level (Umudugudu); District Land  Representation of PAPs; Bureau  Facilitate coordination of information collation activities (such as surveys, supervising documentation) for monitoring purposes, in accordance with procedures put in place by the District authorities;  consultation, public participation and grievance mechanisms;  Responsible for ensuring that grievance mechanisms meet the requirements of the RPF legislation. 8.3 Roles of RUDP during Land and assets measurements The CoK played an oversight role in monitoring and ensuring that the process of surveying the land was done in an open and transparent manner and in the presence of all the PAPs. The CoK informed the PAPs in advance and within adequate time on the dates when the social assessment, survey and measurements, and valuation of their land and property were to be conducted; and insisted upon the presence of the PAPs in all meetings and documentation of assets. The CoK working with SPIU is also to: 1. Ensure that the RAP process is implemented successfully; 33 ARAP 2. Payment of PAPs; 3. Work together with the District to ensure that complaints are dealt with and that the ARAP is implemented smoothly and efficiently; 4. Follow up and monitor the relocation and settlement of PAPs. 8.4 Roles of the PAPs The primary role of the PAPs during the process of measuring land and assessing property thereon is to be physically present and ascertain that indeed the measurements are correct and to their satisfaction. Upon being adequately satisfied with the measurements, their signatures will be given as proof of approval. 8.5 Roles of the CoK The technical staff of CoK played an important role during survey and valuation of land targeted for the implementation of the RUDP. The key roles for the CoK in preparation and implementation of the ARAP included the following: 1. Ensuring that all the money sent to the District of Nyarugenge for ARAP implementation is given to the affected people on time; 2. Worked with Nyarugenge District to ensure the satisfactory implementation of ARAP activities; 3. Ensuring that all the complaints concerning the ARAP are addressed. 34 ARAP 9 IMPLEMENTATION SCHEDULE There will be 15 main steps to be followed during the implementation RAP as shown in the Table 10 below Table 15: Implementation schedule Item Main activities Responsible Timing institution Public consultation Consultation meeting with the CoK November, PAPs to inform them on scheduled 2015 activities and their roles to accomplish the RAP and Compensation Database Measurement and documentation GWCL November, of affected land, property, other 2015 assets (crops) Disclosure of To display to the PAPs the results CoK, December, 2015 entitlement of the census. MININFRA & WB Final disclosure To display to the PAPs final results CoK, December, 2015 of the census and the value of MININFRA & their assets. WB Compensation Preparation and negotiation of CoK, December, 2015 agreement agreement for compensation Nyarugenge payment District, Nyarugenge Sector & PAPs Compensation and Compensation CoK, January-March , other resettlement Nyarugenge 2015 measures District Monitoring and Follow up of the implementation CoK, From January supervision MININFRA & to June, 2015 SPIU 35 ARAP 10 ESTIMATED COSTS FOR RESETTLEMENT Table 16: Estimated cost for resettlement No cell plot Type of road, Level of affect, minimum area Total amount footpath or drainage 1 AGATARE 99 As 20 Partial affected approx. 44 Sqm 1,600,933 2 AGATARE 560 Fp 98 Partial affected approx. 23 Sqm 2,010,716 3 AGATARE 94 Partial affected approx. 43 Sqm 1,803,621 4 AGATARE As 27 Partial affected approx. 25Sqm 447,496 5 AGATARE 178 Fp 84 Partial affected approx. 12 Sqm 622,478 6 AGATARE 662 As 20 Partial affected approx. 43.2 Sqm 1,186,742 7 AGATARE 240 Fp 65 Partial affected approx. 3 Sqm 786,187 8 AGATARE 422 Fp 110 Partial affected approx.18.5 Sqm 708,447 9 AGATARE 869 As 19 Partial affected approx.6 Sqm 322,215 10 AGATARE 313 Fp 122 Partial affected approx.25.4 Sqm 2,793,913 11 AGATARE 28 Fp 31 P approx.22.5 Sqm 709,820 12 AGATARE 32 Fp 31 P approx.12Sqm 477,461 13 AGATARE 37 Fp 8 P approx.43 Sqm 1,279,950 14 AGATARE 678 Fp 22 P approx.32 Sqm 2,847,544 15 AGATARE 695 As 19 P approx.43.8 Sqm 2,448,234 16 AGATARE 668 As 20 P approx.23 Sqm 2,907,109 17 AGATARE 316 As 20 P approx.48.6 Sqm 1,042,230 18 AGATARE 35 Fp 8 P approx.39.7 Sqm 1,516,756 19 AGATARE 47 Fp 117 P approx.19 Sqm 2,112,090 20 AGATARE 666 As 20 P approx.26Sqm 1,564,115 21 AGATARE 30 Fp 31 P approx.14 Sqm 511,061 36 ARAP 22 AGATARE 36 Fp 8 P approx.44 Sqm 4,653,824 23 AGATARE 421 P approx.34 Sqm 2,085,323 24 AGATARE 676 Fp 22 T approx.32.4Sqm 2,520,460 25 AGATARE 19 Fp 31 p approx.32.5Sqm 1,932,280 26 AGATARE 296 p approx.19.5Sqm 2,336,327 27 AGATARE p approx.18 Sqm 1,394,582 28 AGATARE 41 Fp 117 p approx.20 Sqm 1,690,468 29 AGATARE 186 Fp 84 p approx.13.4 Sqm 1,990,645 30 AGATARE 691 As 20 p approx.19 Sqm 798,004 31 AGATARE 692 As 20 p approx.19 Sqm 1,047,575 32 AGATARE 401 Fp 84 p approx.14.7 Sqm 1,214,787 33 AGATARE 9 Fp 31 p approx.22 Sqm 3,643,440 34 AGATARE 66 MD1 partial,31sqm 2,020,676 35 AGATARE 82 AS32A partial,89sqm 6,032,363 36 AGATARE 80 AS32A partial,92sqm 9,488,120.20 37 AGATARE 79 AS32A partial,149sqm 11,418,123 38 AGATARE 62 AS32A,MD1 tatal,121sqm 5,437,624 39 AGATARE 78 AS32A partial,42sqm 4,325,762 40 AGATARE 73 AS32A partial,43 3236750.4 41 AGATARE 60 MD1 Total affected approx. 107 Sqm 7093037 42 AGATARE 61 MD1 Partial affected 10m2 1287265 43 AGATARE 58 MD1 partial affected 47,48m2 1687650 44 AGATARE 48 MD1 Partial affected approx. 27 Sqm 3751544 45 AGATARE 46 MD1 Partial affected approx.. 50,7 Sqm 1129104 46 AGATARE 46 FP NONE NONE 47 AGATARE 48 FP Partial affected 16Sqm none 48 AGATARE 258 FP 34 Partial 14.4 Sqm 1613839 49 AGATARE 45 MD1 Partial affected 35,75sqm 2716605 50 AGATARE 424 FP47 partial affected 386190 37 ARAP 51 AGATARE 425 FP47 Total affected 7032593 52 AGATARE 164 FP46 partial Affected 16,5sqm 1953639 53 AGATARE 168 FP46 partial affected 21sqm 365841 54 AGATARE 170 FP46 Partial affected 1178920 55 AGATARE 159 AS43 Partial 84.4sqm 1626962 56 AGATARE 112 AS45&Road partial 35.64sqm 2013045 57 AGATARE 113 AS43 partail affected 27sqm 1951275 58 AGATARE 639 FP106 (PARTIAL) 483,777 59 AGATARE 327 FP103 TOTAL HOUSE(65.23 sqm) 16,568,974 60 AGATARE 320 FP106 PARTIAL(294 sqm) 10,713,139 61 AGATARE 328 FP103 PARTIAL(26.29sqm) 5,169,646 62 AGATARE 326 FP119 TOTAL( FOR 2HOUSE) 2,269,935 63 AGATARE 347 FP21 PARTIAL(43.9sqm) 829,710 64 AGATARE 605 FP107 PARTIAL(6.3sqm) 529,142 65 AGATARE 614 AS41,FP106 PARTIAL(68.23sqm) 4,406,843 66 AGATARE 643 AS41 PARTIAL(41.06sqm) 2,493,046 67 AGATARE 616 AS41 PARTIAL11.2sqm) 588,096 68 AGATARE FP106 PARTIAL(52.5sqm) 1,226,397 69 AGATARE 157 AS30 Totally affected 1,653,691.73 Sub-Total 179,686,157 70 KIYOVU 125 MD1,AS32A partial,42sqm 1,738,784 71 KIYOVU 281 AS32A,AS34 Total,269sqm 11,107,115 72 KIYOVU 284 AS34 partial,52sqm 3,968,479 73 KIYOVU 290 AS34 partial,69sqm 2545161.6 74 KIYOVU 1323FROM286 AS34 partial,24sqm 2999265.6 75 KIYOVU 1371FROM293 AS34,AS23 partial,84sqm 9753924.2 76 KIYOVU 293 AS23 partial,31sqm 2097196.7 77 KIYOVU 301 AS24,FP69 partial,96sqm 7432194.9 38 ARAP 78 KIYOVU 35 AS24 Tatal,144sqm 4,127,852.40 79 KIYOVU 122 MD1,FP9 partial,120sqm 9,555,750.30 80 KIYOVU 270 AS24 partial,71sqm 5,165,768.00 81 KIYOVU 182 AS24 partil,39sqm 2017348.4 82 KIYOVU 183 AS24 partial,29sqm 2111014.8 83 KIYOVU 36 AS24 partial,41sqm 1588803.3 84 KIYOVU 123 MD1 Partial affected, approx. 51.2Sqm 2463423 85 KIYOVU 274 MD1 Partial affected approx. 28,6Sqm 577239 86 KIYOVU 259 MD1 Total 280sqm 9010247 87 KIYOVU 259 FP27 partial affected 42,6 sqm 944273 88 KIYOVU 104 FP27 Partial affected approx. 38.75Sqm 2130055 89 Kiyovu 122 FHP9 Partial affected approx.38.75Sqm 90 Kiyovu 258 (1393) FP34 Partial affected approx. 9129.52Sqm 2143640 91 Kiyovu 246 FP36 Partial affected approx.41.4 Sqm 1756381 92 KIYOVU 142 FP26 Partial affected 12.5Sqm 943777 93 KIYOVU FP26 94 KIYOVU 232 FP36 Partial affected 16,8sqm 777876 95 KIYOVU 260 MD1 Partial affected 107,5sqm 1942311 96 KIYOVU 264 MD1 partial affected 33sqm 653415 97 KIYOVU 59 AS34A Total 8,219,544.65 98 KIYOVU 60 FP67 Partial 783,008.5 99 KIYOVU 247 AS23 Partial 1,011,360.00 100 KIYOVU 126 AS32A Partial 4,991,959.75 101 KIYOVU 78 FP68 Partial 3,611,352.41 102 KIYOVU 93 AS23 Partial 2,780,288.64 103 KIYOVU 137 AS22 Partial 2,257,289.63 104 KIYOVU 82 FP68 Partial 228,113.93 105 KIYOVU 288 AS23 Partial 473,340.00 106 KIYOVU 289 AS23 Partial 3,953,081.59 39 ARAP 107 KIYOVU 81 FP68 Partial 3,402,700.79 108 KIYOVU 58 FP67 Partial 331,069.96 109 KIYOVU 271 AS34 Partial 1,795,821.05 110 KIYOVU 90 FP68 Partial 1,107,797.04 111 KIYOVU 57 FP67 Partial 601,948.61 112 KIYOVU 302 AS24 Partial 1,035,672.12 113 KIYOVU 157 AS22 Partial 3,845,978.11 114 KIYOVU 96 FP83 Partial 5,476,986.40 115 KIYOVU 48 FP68 Partial 2,980,129.68 116 KIYOVU 76 FP68 Partial 1,685,627.02 117 KIYOVU 136 AS22 Partial 5,339,334.80 118 KIYOVU 135 AS22 Partial 1,723,251.55 119 KIYOVU 94 AS32A Partial 3,580,148.55 120 KIYOVU 94 FP117 Partial 233,685.12 Sub-Total 134,186,407.1 121 RWAMPARA 125 AS31 Total,216sqm 6240725.2 122 RWAMPARA 124 AS21 Total,176sqm 4823858.6 123 RWAMPARA 123 AS31 partial,69sqm 5045133.9 124 RWAMPARA 127 AS31 partial,52sqm 1861846.1 125 RWAMPARA 128 AS31 partial,41sqm 2002416 126 RWAMPARA 133 AS31 partial,92sqm 2421885.2 127 RWAMPARA 129 AS31 partial,45sqm 817782 128 RWAMPARA 134 AS31 partial,72sqm 2011330.7 129 RWAMPARA 234 AS31 partial,37sqm 1700168.5 130 RWAMPARA 231 AS31,FP112 partial,67sqm 2447555.4 131 RWAMPARA 419 FP112,SD1 partial,25sqm 1773317.9 132 RWAMPARA 427 SD1 partial,28sqm 1411388.6 133 RWAMPARA 16 SD1,AS36 partial,34sqm 4197495.5 40 ARAP 134 RWAMPARA 18 AS36 partial,39sqm 4972672.2 135 RWAMPARA 40 AS36 partial,42sqm 2821502.6 136 RWAMPARA 39 AS36 partial,72sqm 6085847 137 RWAMPARA 438 AS36 partial,35sqm 2351076.8 138 RWAMPARA 14 AS36 partial,74sqm 2270364 139 RWAMPARA 9 AS36 partial,54sqm 3844648.5 140 RWAMPARA 13 AS36 partial,65sqm 3967502.3 141 RWAMPARA 8 AS36 partial,101sqm 3584527.8 142 RWAMPARA 7 AS36 partial,42sqm 1112320.8 143 RWAMPARA 392 AS36 partial,33sqm 2245310.8 144 RWAMPARA 242 AS36,FP3 partial,38sqm 2163989.7 145 RWAMPARA 82 AS36 Total,120sqm 7698043.6 146 RWAMPARA 83 AS36 partial,50sqm 1500550.1 147 RWAMPARA 81 AS36,FP3 partial,26sqm 2601480.2 148 RWAMPARA 80 AS36 partial,21sqm 1011987.4 149 RWAMPARA 77 AS36 partial,102sqm 2225491.1 150 RWAMPARA 17 AS36,FP49 Total,108sqm 6536694.9 151 RWAMPARA 393 AS36,FP50 partial,74 4774681.2 152 RWAMPARA 78 AS36,MD3 partial,67sqm 3225465.6 153 RWAMPARA 37 AS36 partial,26sqm 1378197.5 154 RWAMPARA 436 AS36 partial,35sqm 2111432.2 156 RWAMPARA 429 AS36,FP49 partial,29sqm 2515077.6 157 RWAMPARA 428 SD1 partial,21sqm 1056102.4 158 RWAMPARA 100 As 26 Partial affected, approx. 51.2Sqm 867,186 159 RWAMPARA As 27 Partial affected, approx. 20.62 Sqm 2,288,487 160 RWAMPARA 98 As 26 Total affected approx. 354 Sqm 11,763,841 161 RWAMPARA 563 Fp 43 Total affected approx.38.75Sqm 504,000 162 RWAMPARA 347 As 26 Partial affected approx. 72 Sqm 1,221,675 163 RWAMPARA 554 Fp 98 Partial affected approx.12 Sqm 684,177 41 ARAP 164 RWAMPARA 353 As 26 Total approx.202 Sqm 6,638,640 165 RWAMPARA 560 Fp 98 P approx.32.5 Sqm 1,860,262 166 RWAMPARA 527 As 27 & Fp 94 P approx.151.1 Sqm 9,603,280 167 RWAMPARA 3 As 26 Total approx.227 Sqm 21,250,087 168 RWAMPARA 21 P approx.69.5 Sqm 1,195,971 169 RWAMPARA 395 As 26 P approx.91 Sqm 13,314,860 170 RWAMPARA 45 P approx.45 Sqm 981,750 171 RWAMPARA 385 As 26 P approx.108 Sqm 11,071,557 172 RWAMPARA 94 As 26 Total approx.294 Sqm 40,368,872 173 RWAMPARA 175 Fp 110 P approx.28.5 Sqm 1,445,514 174 RWAMPARA 529 P approx.25Sqm 3,468,801 175 RWAMPARA 27 As 26 P approx.125.3 Sqm 8,651,870 176 RWAMPARA 35 As 26 P approx.25.5 Sqm 3,112,303 177 RWAMPARA 244 As 27 P approx.21.8 Sqm 2,840,694 178 RWAMPARA 397 As 26 Total approx.424Sqm 20,316,962 179 RWAMPARA 96 As 26 p approx.48 Sqm 1,218,525 180 RWAMPARA 369 As 26 p approx.54 Sqm 3,675,963 181 RWAMPARA 398 As 26 2,351,505 182 RWAMPARA 200 Fp 84 p approx.92.4 Sqm 2,897,449 183 RWAMPARA 246 As 27 p approx.34.6 Sqm 2,984,201 184 RWAMPARA 641 As 27 p approx.67.3 Sqm 15,657,060 185 RWAMPARA 263 Road AS43 partial affected 75,15 4283511 186 RWAMPARA 260 Road AS43 none none 187 RWAMPARA 252 Road AS43 none none 188 RWAMPARA 251 Road AS43 partial affected 48sqm 2860975 189 RWAMPARA 146 Road AS43 partial affected 1818431 190 RWAMPARA 145 Road AS31 Total 11763702 191 RWAMPARA 116 Road AS31 none none 192 RWAMPARA 119 DrianageSD3 partial affected 21.6sqm 788959 42 ARAP 193 RWAMPARA 147 DrianageSD3 partial affected 52.2sqm 2235947 194 RWAMPARA 262 ROAD AS43 partial affected 2271681 195 RWAMPARA 282 FP89 partial affeced 29sqm 1693928 196 RWAMPARA 447 FP57 partial none none 197 RWAMPARA 401 FP59 Total affected 8203369 198 RWAMPARA 300 FP59 Partial affected 71sqm 2232522 199 RWAMPARA 292 FP59 Partial affected 48sqm 1319698 200 RWAMPARA 142 FP89 partail affected 69.75sqm 1919023 201 RWAMPARA 130 FP68 partial affected 30sqm 852962 202 RWAMPARA 433 FP62 partial affected 1927713 203 RWAMPARA 404 FP90 Partial affected 34.8sqm 2752017 204 RWAMPARA 405 FP90 partial affected 72.60sqm 5111350 205 RWAMPARA 430 Drianage &FP0 partial affected 74.4sqm 3692487 206 RWAMPARA 435 FP57 none none 207 RWAMPARA 434 FP57 none none 208 RWAMPARA 279 FP89 partial affected 74.4sqm 1792891 209 RWAMPARA 272 drainage &FP89 partial affected 60.8sqm 3331084 210 RWAMPARA 276 FP89 partial affected 30sqm 1635152 211 RWAMPARA 126 FP68 Partial affected 34sqm 970673 212 RWAMPARA 261 Road AS43 partial affected 646.2sqm 2208858 213 RWAMPARA 431 FP90 partial affected 40sqm 2985286 214 RWAMPARA 138 FP68 partial affected 35sqm 3975315 215 RWAMPALA 484 AS10 TOTAL HOUSE( 140.3sqm) 27,781,217 216 RWAMPALA 480 AS10 TOTAL HOUSE( 295sqm) 20,261,875 217 RWAMPALA 457 AS10 PARTIAL(76.3sqm) 39,991,585 218 RWAMPALA 456 AS10 PARTIAL(57.6sqm) 5,404,095 219 RWAMPALA 455 AS10 PARTIAL(11.3sqm) 3,514,716 220 RWAMPALA 450 AS10 Flowers 5,387 221 RWAMPALA 451 AS10 Flowers 5,358 43 ARAP 222 RWAMPALA 419 FP55 PARTIAL(42.5sqm) 5,734,118 223 RWAMPALA 349 FP55 Flowers(29.0sqm) 551,786 224 RWAMPALA 461 FP55 PARTIAL(62.5sqm) 1,198,040 225 RWAMPALA 477 AS8 PARTIAL(18sqm) 3,393,699 226 RWAMPALA 474 AS8,FP56 PARTIAL(142.5sqm) 5,033,934.6 227 RWAMPALA 472 FP56 PARTIAL(57.5sqm) 1,688,957 228 RWAMPALA 471 FP56 PARTIAL(8.3sqm) 1,420,562 229 RWAMPALA 478 FP11 PARTIAL(23.5sqm) 468,300.0 230 RWAMPALA 454 AS8 PARTIAL(65.8Sqm) 2,484,468 231 RWAMPALA 637 AS6 PARTIAL(36.3Sqm) 686,259 232 RWAMPALA 465 AS6 PARTIAL(22.5Sqm) 450,712.5 233 RWAMPALA 618 AS6 PARTIAL (36.2) 1,135,687 234 RWAMPALA 617 AS6,109 PARTIAL&TOTAL (109.5sqm) 12,036,665 235 RWAMPALA 614 AS6 PARTIAL (46.6) 7,688,045.4 236 RWAMPALA 610 AS6 PARTIAL (61.6) 5,626,992 237 RWAMPALA 473 AS8 PARTIAL (15.0) 316,470 238 RWAMPALA 631 FP109 TOTAL(80.8sqm) 5,961,776 239 RWAMPALA 616 FP109 TOTAL(117.0sqm) 4,391,230 240 RWAMPALA 615 FP109 PARTIAL (60.5) 8,546,989 241 RWAMPALA 581 FP53,FP115 PARTIAL (19.8) 2,529,751 242 RWAMPALA 580 FP53 TOTAL(60.5sqm) 2,745,765 243 RWAMPALA 582 FP53,FP54 PARTIAL (669.0sqm) 2,990,730 244 RWAMPALA 593 FP53 TOTAL(25.8Sqm) 3,169,358 245 RWAMPALA 592 FP53 PARTIAL (21.2) 434,700 246 RWAMPALA 583 FP115 PARTIAL (49.5) 1,598,480 247 RWAMPALA 636 FP54 PARTIAL (67.6) 1,214,850 248 RWAMPALA 595 FP54 TOTAL(52.4Sqm) 3,700,120 249 RWAMPALA 633 FP54 PARTIAL (61.6) 4,139,662 250 RWAMPALA 634 FP54 PARTIAL (61.3) 2,562,075 44 ARAP 251 RWAMPARA 142 AS9 Partial 343,980.00 252 RWAMPARA 205 AS9 Partial 343,980.0 253 RWAMPARA 181 AS9 Total 8,272,558.18 254 RWAMPARA 179 FP87 Partial 1,706,421.68 255 RWAMPARA 288 AS9 Partial 7,816,710.10 257 RWAMPARA 239 AS9 Total 14,581,215.86 258 RWAMPARA 306 FP85 Partial 6,137,726.49 259 RWAMPARA 201 AS9 Total 13,895,274.53 260 RWAMPARA 153 FP51 Partial 183,209.27 261 RWAMPARA 32 AS9 Partial 3,704,692.57 262 RWAMPARA 305 FP85 Partial 2,833,857.96 263 RWAMPARA 206 AS9 Partial 1,093,452.91 264 RWAMPARA AS9 Partial 873,697.43 265 RWAMPARA AS9 Partial 2,192,541.92 266 RWAMPARA 204 AS9 Partial 297,465.00 267 RWAMPARA 155 FP86 Partial 309,523.20 268 RWAMPARA 44 AS9 Partial 926,527.14 269 RWAMPARA 289 AS9 Partial 284,004.00 270 RWAMPARA 202 AS9 Partial 706,435.88 271 RWAMPARA 283 AS9 Partial 468,235.19 272 RWAMPARA 154 FP51 Partial 408,879.60 273 RWAMPARA 194 FP85 Partial 2,256,685.39 274 RWAMPARA 167 FP88 Partial 6,431,735.71 Sub-Total 640,606,120 Frw 275 BIRYOGO 18 Fp 22 Partial affected approx.25.4 Sqm 1,668,767 276 BIRYOGO 38 As 32 B P approx.22.5 Sqm 977,497 277 BIRYOGO 39 As 32 B P approx.22 Sqm 1,836,176 278 BIRYOGO 35 As 32 B P approx.20 Sqm 2,412,323 45 ARAP 279 BIRYOGO 35 As 32 B p approx.32.5 Sqm 2,101,716 280 BIRYOGO 86 FP16 TOTAL( FOR ANEX & PARTIAL ON FENCE) 6,522,032 281 BIRYOGO 82 FP216 PARTIAL(35.3sqm) 2,316,611 282 BIRYOGO 288 AS40 PARTIAL(31.4sqm) 5,157,235 283 BIRYOGO 79 AS40 PARTIAL(18.8sqm) 721,875 284 BIRYOGO 89 FP85 PARTIAL(16.2sqm) 2,581,698 285 BIRYOGO 296 FP15 PARTIAL(45.2sqm) 1,827,441 286 BIRYOGO 277 FP40 PARTIAL(37.5sqm) 920,560 287 BIRYOGO 274 FP40 TOTAL HOUSE(65.23 sqm) 5,397,890 288 BIRYOGO 267 FP40 PARTIAL(63.5sqm) 15,317,291 289 BIRYOGO 270 AS10 Flowers 4,271 290 Biryogo - AS10 Flowers 6,048 Sub-Total 49,769,431 Total 1,010,000,300 46 ARAP 11 FRAMEWORK FOR MONITORING, EVALUATION AND REPORTING 11.3 Monitoring plan The civil works for rehabilitation and construction of roads, drainage and public lighting infrastructure in Agatare area of Nyarugenge District of the CoK is planned to start in December of 2016. Monitoring of the ARAP will be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the ARAP occurs. The monitoring will be carried out by a committee composed of Nyarugenge District representatives, SPIU for RUDP, Nyarugenge Sector, and CoK to ensure that all of the responsible implementing agencies follow the schedule and comply with the principles of the ARAP. Suggested key indicators are outlined below and include (and not limited to):  Number and place of public consultation meetings held with PAPs and local authorities in preparation of, or during RAP implementation;  Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned);  Number of complaints including total received, total justified, and total non justified. - This should include the subject matter for all complaints; - an explanation for non justified complaints; - Total resolved at various levels including the type of agreement reached; - Total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or CoK) the referral and the subject matter. Suggested performance/evaluation indicators include:  Total nature and level of all complaints received, resolved;  Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan;  Revival of livelihood activities for the affected persons within 4 months after the compensation payment;  Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly. The table below illustrates the compensation implementation plan and responsible institutions that are expected to oversee the implementation; 47 ARAP Table 17: Plan for Monitoring, evaluating and reporting Item Main activities Responsible Frequency of institution monitoring Public consultation Consultation meeting with CoK and Twice a month the PAPs Nyarugenge District Database Updating census results CoK When it’s need Disclosure of Display to the PAPs the CoK & After census and entitlement results of the census. Nyarugenge assets valuation Sector Preparation of Follow up of GWCL and CoK Once a week alternatives implementation of proposed alternatives Compensation and other Follow up compensation Nyarugenge Once a week resettlement measures process District Follow up of PAPs Follow up and monitoring CoK Once a week livelihoods of PAPs livelihoods 11.4 Resettlement Implementation Completion report A completion report of the entire resettlement process for this project will be prepared and will include a hand over certificate which will ostensibly provide a verification of when the compensation and assistance were undertaken and to whom these services were provided as well as to indicate that indeed all the compensation has been delivered. This report will be prepared and submitted to the Bank three months after the end of compensation payment by the CoK, together with SPIU. The ARAP implementation report will include (but not be limited to) the following information:  Background of the ARAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget;  Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided;  Complaints status;  Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production;  Total sum disbursed; and,  Lessons learned from the RAP implementation 48 ARAP Annexes: Annex 1: Minutes of meeting with affected households MINUTES OF THE AFFECTED HOUSEHOLDS MEETING Agatare Affected Houshold Consultation Meeting. The Affected h/h meeting was held on 19/11/2015. The meeting was attended by Nyarugenge District:  Ingabire Emmanuel, In-charge of Land Bureau & Project Coordinator Mr Ingabire Emmanuel the representative of the Nyarugenge District in this meeting answered all questions related to the District responsibility in implementing RUDP project and related expropriation questions from the affected community. He provided a clear direction on all issues raised by affected households during this meeting and ensured timely mobilization of all stakeholders for this meeting. We express our sincere gratitude for the leadership of the district for the invaluable input to the community-based planning process in the field and at the consultative/validation workshops. City of Kigali/OSC:  David Musonera, Urban Planner In collaboration with Nyarugenge District officials, CoK was represented in this meeting by Mr David Musonera, Urban Planner. Nyarugenge District and CoK effectively collaborated with the SG consultants to organize a consultative meeting with affected households. We appreciate the enthusiastic team spirit you showed towards successful completion of this study. MININFRA: Ms Immaculate Mbabazi, Social Development Planner Senior Engineer  Participated in the meeting with affected households and provided inputs to most of the comments during the consultative meeting with the affected h/h. Local leaders and representatives of the study area  Havuguziga Charles, Executive Secretary of Nyarugenge Sector  Niyonsaba Japhet, Executive Secretary of Rwampara Cell 49 ARAP  Muhawenimana Francoise, Executive Secretary of Agatare Cell  Uwera Asha, Executive Secretary of Kiyovu Cell  Gasore Hamad, Executive Secretary of Biryogo Cell The local leaders mobilized the affected h/h consultative meeting and we are grateful for that contribution. The meeting was officially opened by Mr Havuguziga Charles, Executive Secretary of Nyarugenge Sector. The executive Secretary begun by briefing the community about the agenda of the meeting which he emphasized that it was largely to introduce the SG consultants team who would be conducting a property census and valuation of property in the Cell of Agatare, Biryogo , Kiyovu and Rwampara. He highlighted that the project planned activities had also been discussed with the local community in general during the Monthly community work “Umuganda exercise” the previous weekend and the community was well aware of the planned project (RUDP) and the subproject areas. He went on to introduce the MININFRA, District, SG Consultant, CoK representatives to the community. Then each representative was given an opportunity to speak to the affected community members. Nyarugenge District representative emphasized the need for the community members to cooperate with the valuation team during the valuation exercise by providing them with all necessary information. He pointed out that the expropriation budget is from the Nyarugenge District and CoK plus MININFRA and not from the World Bank. He mentioned also that the affected h/h will be compensated based on the new expropriation law and a disturbance fee of 5% will be paid as required by the new law. He requested that any community members affected by the proposed subprojects that do not have land titles should quickly follow-up on this and receive their land title deeds. MININFRA representative emphasized the need to minimize legal procedures in handling compensation claims and she emphasized that the intention of the meeting is to ensure citizens engagement and their grievances addressed in a participatory manner. SG Consultants representatives Mr Eddy BAGAMBA (Valuer) and Mr NKURANGA George in the meeting explained that the property will be valued at market price and replacement cost. He emphasized that people with land related conflicts prior to the valuation exercise should try to solve them through local authority immediately and that it’s not the property valuer who will handle property family existing conflicts. SG representative explained the Grievance redress mechanism in case of any grievances resulting from property valuation and compensation claims. The grievance redress mechanism will follow local administrative procedures and a grievance filling form will be based at the cell level and the affected community will file complains in 7 days after valuation as required by law. The community members were given an opportunity to ask questions related to the proposed project 50 ARAP Names Issues raised by affected h/h Responses given Ms Nadia - Property valuation in some cases half the - In case the house is partially affected to the extent of house is a challenge as the remaining 50% this house will be fully expropriated and the owner part of the house is left hanging and resettled weakened and need to know how this challenge will be handled under this project -The valuation and payment is based on the new - Request that in the above case let the expropriation law and for that reason in case payment is entire house be expropriated instead of not paid within 3 Months after valuation then that half of the house valuation will have to be re-done as per the new law - Valuation now and payment is done after 1-2 years how will this be handled 2. Hasan Muneza - Drainage is one of the major challenges - All drainage networks will be rehabilitated in the area facing Agatare area and would like to know if this was considered under this project (RUDP) 3. MUKAGATARE - The fence to be removed on her affected - Valuation was done based on the existing conditions of Marie property (house) is attached to the house the fence in relation to the fence as this issue cannot be answered fully in the meeting room 4. MUKAGIHANA - Houses that will be partially affected - Sector Executive and Nyarugenge District representative Oliver renovation is difficult as CoK and mentioned that currently they are allowing people to Nyarugenge District are not allowing renovate their houses and anybody who would like to renovations in the unplanned areas renovate his or her house should contact Nyarugenge - House close to the road side are affected Sector office for permission by vibration during compaction in road - In case its clearly established that someone house was construction and houses are weakened affected by vibration during road compaction, that owner how will this be handled will be compensated to renovate the house damaged 5. MAJYAMBERE - A person with a single plot but has sold - Everybody should look for own land title and the sector Vienne portions of that plot to many people and will be ready to facilitate these people to process their it’s the original owner with the title how titles as quick as possible will that be solved 6. Theogene - The 7 days period to file the complain is - This is the requirement by the new expropriation law Rudasingwa too little a time and has to be respected 51 ARAP 52 ARAP The affected h/h consultation meeting was concluded by the sector Executive secretary and requested for continued support of the planned project activities and any grievances should be channeled through the Cell to the Sector 53 ARAP Annex 2: LIST OF AFFECTED PEOPLE THAT PARTICPATED IN THE CNSULTATION MEETING ON, 19-11-2015 For the privacy of the affected People, the list of 128 People with their identification is kept at City of Kigali Office. 54