I REPUBLIC OF RWANDA MINISTRY IN CHARGE OF EMERGENCY MANAGEMENT P.O.BOX: 4386 KIGALI SOCIO-ECONOMIC INCLUSION OF REFUGEES AND HOST COMMUNITIES PROJECT (SEIRHCP) RESETTLEMENT POLICY FRAMEWORK (RPF) March, 2019 II EXECUTIVE SUMMARY Background The Government of Rwanda is preparing the Socioeconomic Inclusion of Refugees and Host Communities Project (SEIRHCP), which will be funded by the World Bank and implemented through the Ministry in Charge of Emergency Management (MINEMA). It will support the six districts hosting refugee camps in Rwanda, namely Kirehe (hosting the Mahama camp) in District, Gatsibo (Gihembe camp), Gicumbi (Nyabiheke camp), Karongi (Kiziba camp), Nyamagabe (Kigeme camp) and Gisagara (Mugombwa camp). The project will have four components: • Component 1: Access to Basic Services and Socio-Economic Investments: This seeks to address the strain that refugee populations place on services, including education, health and water. It will also include activities to promote economic development, including road rehabilitation and the construction of market infrastructure. • Component 2: Economic Opportunity: This will support the implementation of the government’s Economic Inclusion of Refugees Strategy and Strategic Plan for Refugee Inclusion, enhancing them to include host communities. Activities will expand economic opportunities for refugees and host communities through promoting access to finance and private sector investment in support of entrepreneurship and wage employment. • Component 3: Environmental Management: This will minimize the environmental impacts of the presence of refugees and help implement a comprehensive approach to environmental management in hosting areas. • Component 4: Project Management/M&E: This will strengthen the technical and administrative capacity of the government to manage the project and support the ongoing development of policy approaches to refugee inclusion. This Resettlement Policy Framework (RFP) will be used for the social screening and assessment of the project components and subcomponents. The RPF will guide the implementation of civil works packages under the components and sub-components to ensure that displacement issues are resolved. It will also ensure that livelihoods of the affected persons are not negatively impacted on and where it is unavoidable; they are appropriately compensated and/or resettled. The RPF was prepared based on the review of III previous RPFs, project documents, and relevant Rwandan laws, review of World Bank Safeguard Policies, visit to project sites/Districts, as well as key stakeholder consultations. The project is expected to have both permanent and temporary impacts. Under the access to basic services component, the project plans civil works such as the construction, rehabilitation or upgrading of schools, health centers, water supply systems, markets and roads. These could potentially displace some people or require land acquisition. Permanent effects will result in loss of use of property, vegetation, or, parcels of land by the affected persons. While most details are yet to be identified, as a precautionary measure, this Resettlement Policy Framework (RPF) addresses issues which might arise from economic displacement and/or restriction of access to communal resources or facilities. Temporal effects might include an interruption in the current use of properties or land by the affected persons because of project construction. This could occur during construction work on schools, markets and health centers, roads; drainage systems water points, etc. This will require the project to be implemented in phases to avoid massive displacement or disturbance of people, provide alternative routes/paths where needed, consider ways to avoid/reduce noise, dust, etc., to ensure that their livelihoods are not negatively affected. Legal and regulatory Framework • Relevant National Policies and Strategies: Vision 2020, Economic Development and Poverty Reduction Strategy (EDPRS2), National Land Policy, Land Tenure System and Provisions in Rwanda • Refugee-related provisions: Law N° 13ter/2014 of 21/05/2014 Relating to Refugees, 1951 Refugee Convention and its protocols • National Resettlement Regulations: The Rwandan Constitution promulgated in 2015, Land Valuation Law promulgated in 2010, Expropriation Law No. 32/2015 of 11/06/2015, Law N°55/2011 of 14/12/2011 Governing Roads in Rwanda, Law N° 43/2013 of 16/06/2013 governing land in Rwanda • World Bank Involuntary Resettlement Policy (OP/BP 4.12) IV Preparation of Resettlement Action Plans Some of the SEIRHCP subprojects will require the preparation of RAPs/ARAPs since they may require the involuntary taking of land, loss of livelihood and impact on other assets. As soon as sub-projects are identified and approved by the responsible agencies implementing the project, a consultative and participatory process for preparing a RAP/ARAP will be started. This will include undertaking a socio-economic survey to determine the scope and nature of resettlement impacts, including some demographic data, description of the area, livelihoods, the local participation process, and establishing baseline information on livelihoods and income, landholding, etc. It will contain valuation and compensation rates and standards, eligibility and entitlements related to any additional impacts, site description, programs to improve or restore livelihoods and standards of living. It will provide detailed cost estimates and implementation schedule. This RPF has an inbuilt grievance procedure that will be used to address grievances that will arise during the RAP process. Institutional Capacity Assessments for RPF Implementation Several stakeholders will be involved in implementing the RPF. These include the Ministry in Charge of Emergency Management (MINEMA), and the participating Districts, BRD, as well as other organizations deemed necessary. MINEMA and BRD have staff in charge of safeguards. However, the district staff in charge of project implementation will need to be capacitated. V RPF Budget and Funding The cost of RPF and RAPs implementation is expected to be USD 600,000 and will be provided by the Government of Rwanda1 through this project. However, since the costs of resettlement and compensation are based on technical designs, results of scoping, detailed valuation surveys and detailed RAP studies, it is not possible at this stage to produce a detailed and definitive budget for RAP preparation and implementation. The amount provided is just an estimate. Once the budget is finalized, it will be subject to approval by the World Bank. Monitoring and Evaluation Plan In order to assess whether the goals of the resettlement and compensation plan are met, a Monitoring and Evaluation Plan (MEP) will be required. This monitoring plan will indicate parameters to be monitored. It will put in place monitoring milestones and provide resources including responsible persons or institutions necessary to carry out the monitoring activities. The main indicators that the MEP will measure include: (i) impacts on affected individuals, households, and communities to be maintained at their pre-project or better standards of living; (ii) improvement of communities affected by the project; and (iii) management of disputes or conflicts. The Monitoring and Evaluation (M&E) mechanism will be undertaken by the Monitoring staff within MINEMA. 1 Except in the case of component two, wherein compensation will be provided by the proponent applying for financing from SEIRHCP through component two – should the business plan invoke for such compensation as described in this RPF. VI TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................... II TABLE OF CONTENTS ........................................................................................................................ VI LIST OF TABLES ................................................................................................................................ IX DEFINITION OF CONCEPTS/TERMS.................................................................................................. XIII CHAPTER ONE: INTRODUCTION AND PROJECT DESCRIPTION ...............................................................1 1.1. BACKGROUND........................................................................................................................................ 1 1.2. PROJECT DEVELOPMENT OBJECTIVE............................................................................................ 2 1.3. PROJECT DESCRIPTION ........................................................................................................................... 2 1.3.1. Project Overview ................................................................................................................. 2 1.3.2. Project Components ............................................................................................................ 3 1.4. POTENTIAL RESETTLEMENT IMPACTS AND MITIGATIONS.................................................. 9 1.4.1. Permanent Effects ..................................................................................................................... 9 1.4.2 Temporary Effects .................................................................................................................... 13 1.5. RATIONALE FOR PREPARATION OF RPF .................................................................................. 13 1.5.1. Objectives and Principles ............................................................................................................... 13 1.5.2. Methodology ....................................................................................................................................... 15 CHAPTER TWO: LEGAL, POLICY AND INSTITUTIONAL FRAMEWORK ................................................... 17 2.1. RELEVANT NATIONAL POLICIES AND STRATEGIES .............................................................. 17 2.1.1. Vision 2020.......................................................................................................................................... 17 2.1.2. Economic Development and Poverty Reduction Strategy (EDPRS2) ............................. 17 2.1.3. National Land Policy ........................................................................................................................ 17 2.1.4. Land Tenure System and Provisions in Rwanda ................................................................... 18 2.2. REFUGEE RELATED PROVISIONS ................................................................................................. 18 2.2.1. Law N° 13ter/2014 of 21/05/2014 Relating to Refugees .................................................. 18 2.2.2. 1951 Refugee Convention .............................................................................................................. 19 2.3. NATIONAL RESETTLEMENT REGULATIONS............................................................................. 20 2.3.1. Constitution of Rwanda .................................................................................................... 20 2.3.2. Expropriation Law in the Public interest ........................................................................ 21 2.3.3. Law N° 43/2013 of 16/06/2013 governing land in Rwanda ........................................ 21 2.3.4. Law N°42/2015 of 29/08/2015 modifying and complementing Law n0 55/2011 of 14/12/2011 governing roads in Rwanda ....................................................................................... 22 VII 2.3.5. Law n0 17/2010 of 12/05/2010 establishing and Organizing the Real Property Valuation Profession in Rwanda ...................................................................................................... 22 2.4. WORLD BANK INVOLUNTARY RESETTLEMENT (OP/BP 4.12) ......................................... 23 2.5. COMPARATIVE ANALYSIS: RWANDA LEGISLATIONS AND WORLD BANK OP 4.12 .... 24 2.5.1. Stakeholder Participation and Consultation ................................................................... 24 2.5.2. Determining Eligibility for Compensation....................................................................... 25 2.5.3. Transfer period .................................................................................................................. 25 2.5.4. Avoiding Resettlement ...................................................................................................... 25 2.5.5. Assistance to Resettle the Displaced ................................................................................ 25 2.5.6. Criteria for Expropriation and Compensation ................................................................ 26 2.6. INSTITUTIONAL FRAMEWORK ..................................................................................................... 34 2.7. CRITERIA FOR EXPROPRIATION AND COMPENSATION ...................................................... 35 2.7.1. Eligibility ............................................................................................................................ 35 2.7.2 Methods of Asset Evaluation ................................................................................................... 41 2.7.3. Valuation of Assets and National Law ................................................................................... 41 2.7.4. Valuation methods .................................................................................................................. 42 2.7.5. Calculating compensation for assets...................................................................................... 43 2.7.6. Cut-off date............................................................................................................................... 44 2.7.7. Displacement of people ........................................................................................................... 45 CHAPTER THREE: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS........... 45 CHAPTER FOUR: LIVELIHOOD RESTORATION STRATEGY .................................................................... 54 CHAPTER FIVE: SOCIO-ECONOMIC DATA ........................................................................................... 57 CHAPTER SIX: INSTITUTIONAL CAPACITY ASSESSMENTS FOR RPF IMPLEMENTATION ......................... 69 CHAPTER SEVEN: STAKEHOLDER CONSULTATIONS AND DISCLOSURE ................................................ 73 7.2. PUBLIC CONSULTATIONS AS A CONTINUOUS PROCESS IN A PROJECT .......................... 81 7.2.1. Importance of public consultations............................................................................................ 81 7.2.2. Objectives of public consultations .............................................................................................. 82 7.2.3. Consultation phases ......................................................................................................................... 82 CHAPTER EIGHT: RPF BUDGET AND FUNDING ................................................................................... 86 CHAPTER NINE: MONITORING AND EVALUATION PLAN .................................................................... 90 REFERENCES .................................................................................................................................... 95 VIII ANNEX 1: ANNOTATED OUTLINE FOR PREPARING THE RAP .............................................................. 97 ANNEX 2: ABBREVIATED RESETTLEMENT ACTION PLANS ................................................................. 104 ANNEX 3: SAMPLE GRIEVANCE AND RESOLUTION FORM................................................................. 105 ANNEX 4: GRIEVANCE LOG ............................................................................................................. 107 ANNEX 5: RESETTLEMENT SCREENING FORM .................................................................................. 109 ANNEX 6 STAKEHOLDERS CONSULTED ............................................................................................ 111 ANNEX 7: ATTENDANCE LISTS FOR CONSULTATION MEETINGS ........................................................ 116 IX LIST OF TABLES Table 1: Potential resettlement impacts and mitigations measuresError! Bookmark not defined.10 Table 2: Comparative Analysis between World Bank OP 4.12 and National Laws ............. 29 Table 3: Types of compensation................................................... Error! Bookmark not defined. Table 4: Entitlement Matrix ..................................................... Error! Bookmark not defined.40 Table 5: Grievance Redress Process at Project Level ...................................................................... 52 Table 6: Population of Districts hosting Refugee CampsError! Bookmark not defined.58 Table 7: Population of sectors hosting refugee camps .. Error! Bookmark not defined.59 Table 8: SEIRHCP implementation arrangement ............................................................................. 70 Table 9: Key outcomes of the consultation meetings .... Error! Bookmark not defined.79 Table 10: Indicative Guidelines for the preparation of RAP budget .................................... 8787 X LIST OF FIGURES Figure 1: Mapping Districts Hosting Refugee camps in Rwanda ................................................... 1 Figure 2: Grievance Redress Process Chart ....................... Error! Bookmark not defined.54 Figure 3: Consultations in Kirehe, November 27, 2018 Error! Bookmark not defined.76 Figure 4: Consultations in Gatsibo, November 28, 2018Error! Bookmark not defined.76 Figure 5: Consultations in Karongi, December 3, 2018. Error! Bookmark not defined.77 Figure 6: Consultations in Karongi, December 3, 2018. Error! Bookmark not defined.77 Figure 7: Consultations in Karongi, December 4, 2018. Error! Bookmark not defined.77 Figure 8: Consultations in Nyamagabe, December 5, 2018Error! Bookmark not defined.78 Figure 8: Consultations in Gisagara, December 6, 2018 Error! Bookmark not defined.79 XI LIST OF ACRONYMS ARAP: Abbreviated Resettlement Action Plan BDAs: Business Development Advisors BRD: Development Bank of Rwanda DLBs: District Land Bureaus EDCL: Energy Development Corporation Limited GBV: Gender Based Violence GDP: Growth Domestic Product GoR: Government of Rwanda HH: Household HIV: Human Immunodeficiency Virus LODA: Local Administrative Entities Development Agency LVBs: Land Valuation Bureaus LWH: Land Husbandry, Water Harvesting and Hillside Irrigation MFI: Microfinance Institution M&E: Monitoring and Evaluation MIGEPROF: Ministry of Gender and Family Promotion MINAGRI: Ministry of Agriculture and Animal Resources MINALOC: Ministry of Local Government, Community Development and Social Affairs MINECOFIN: Ministry of Finance and Economic Planning MINEMA: Ministry in charge of Emergency Management MINICOM: Ministry of Trade and Industry MININFRA: Ministry of Infrastructure MoH: Ministry of Health MSMEs: Micro, Small and Medium Enterprises NGO: Non-Governmental Organizations OP: Operational Policy PAPs: Project Affected Persons PCT: Project Coordination Team PCU: Project Coordination Unit PDOs: Project Development Objectives XII PFI: Participating Financial Institution PMU: Project Management Unit PS: Permanent Secretary PWDs: People with Disabilities RAP: Resettlement Action Plan REG: Rwanda Energy Group Limited RPF: Resettlement Policy Framework RSSP: Rural Sector Support Project RTDA: Rwanda Transport Development Agency SACCOs: Savings and Credit Cooperatives (SACCOs) SEIRHCP: The Socioeconomic Inclusion of Refugees and Host Communities Project in Rwanda SMEs: Small and Medium-sized Enterprises SP: Strategic Plan SPIU: Single Project Implementation Unit TVET: Technical and Vocational Education and Training UNHCR: United Nations High Commissioner for Refugees UNICEF: United Nations International Children's Emergency Fund WASAC: Water and Sanitation Corporation Ltd WB: World Bank WFP: World Food Program XIII DEFINITION OF CONCEPTS/TERMS Unless the context dictates otherwise, the following terms shall have the following meanings: Act of public interest is an act of Government, public institution, nongovernmental organization, legally accepted associations operating in the country or of an individual, with an aim of a public interest. Census is a complete count of the population affected by a project activity including collation of demographic and socioeconomic information. This will identify and determine the number of Project Affected Persons (PAPs) and the nature and levels of impact. Compensation means the payment in kind, cash or other assets given in exchange for the taking of land, loss of other types of assets (including fixed assets) or loss of livelihoods resulting from project activities. Cut-off date is the date of commencement of the census of PAPs within the project area boundaries (including unidentified owners). Beyond this date, any person not included in the census who lays claim to land or assets affected by the project (which they did not own before the cut-off date) will not be eligible for compensation. Displaced Persons mean people or entities directly affected by a project through the loss of land and the resulting loss of residences, other structures, businesses, or other assets. Displacement means dispossessing someone of their land or part of their land so as to utilize the same for civil works. The affected person is required to relocate. Eligibility means the criteria for qualification to receive benefits under a resettlement Program. Expropriation the taking of private property in the public interest aimed at development, social welfare, security and the territorial integrity. Grievance Procedures mean the processes established under law, local regulations, XIV or administrative decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement. Land refers to agricultural and/or non-agricultural land whether temporary or permanent and which may be required for the Project. Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project under eminent domain. Just compensation is an indemnity equivalent to the value of land and the activities performed thereon given to the expropriated person and calculated in consideration of market prices. Involuntary Land Acquisition is the taking of land by government or other government agencies for compensation, for the purposes of a public project. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. Involuntary resettlement means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by: a. Loss of benefits from use of such land; b. Relocation or loss of shelter; c. Loss of assets or access to assets; or d. Loss of income sources or means of livelihood, whether or not the PAP has moved to another location. Participating Financial Institutions are Banks, SACCOs, or MFIs that have will enter into an agreement with BRD to participate in and offer SEIRHCP financing under component two of the project. Project affected persons (PAPs) means persons who, for reasons of the involuntary taking of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not they said PAPs physically relocate. XV These people may have their: i. Standard of living adversely affected, whether or not the PAP must move to another location; ii. Right, title, investment in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset temporarily or permanently possessed or adversely affected; iii. Access to productive assets temporarily or permanently adversely affected; or iv. Business, occupation, work or place of residence or habitat adversely affected. v. The cost of any registration and transfer taxes. Proponent is an Individual, cooperative, or enterprise that has submitted a business plan to a Participating Financial Institution for funding from the SEIRHCP matching grants under component 2 of the project. Resettlement Action Plan (RAP) is a resettlement instrument (document) to be prepared when subproject locations are identified. Land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. Resettlement Assistance means the measures to ensure that project affected persons who may require to be physically relocated are provided with assistance such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement during relocation. Resettlement Policy Framework (RPF) is an instrument to be used throughout the implementation of the project. It sets out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to all sub-projects during implementation to meet the needs of the people who may be affected by those sub-project XVI activities. The Resettlement Action Plans (“RAPs�) for the project investments/sub-projects will be prepared consistent with the provisions of this RPF. Stakeholders is a broad term that covers all parties affected by or interested in a project or a specific issue—in other words, all parties who have a stake in the project. Primary stakeholders are those most directly affected—in resettlement situations, the population that loses property or income because of the project. Other people who have interest in the project such as beneficiaries of the project (e.g., road users), etc., are termed secondary stakeholders. Vulnerable Groups refers to people who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status get more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits. They include the following: a. Widows, the disabled, low income households and informal sector operators; b. Elderly c. Women/ Women-headed households d. People with Disability/Incapacitated households – those not fit to work and; e. Child-headed households f. Underage mothers g. Orphans 1 CHAPTER ONE: INTRODUCTION AND PROJECT DESCRIPTION 1.1. BACKGROUND The Government of Rwanda is preparing the Socioeconomic Inclusion of Refugees and Host Communities Project in Rwanda (SEIRHCP), which will be implemented by the Ministry in charge of Emergency Management (MINEMA). SEIRHCP, which will be funded by the World Bank, aims to improve access to basic services and economic opportunities, and support environmental management for refugees and host communities in the target areas in Rwanda. It will support refugees and host communities in the six districts hosting refugee camps, namely Kirehe, Gatsibo, Gicumbi, Karongi, Nyamagabe and Gisagara. Figure 1: Mapping Districts Hosting Refugee camps in Rwanda Source: National Institute of Statistics of Rwanda, 2012 2 The project plans civil works such as the construction, rehabilitation and/or upgrading of schools and training facilities, health centers, drainage systems, water points, market infrastructure and roads. This poses risks and has potential negative impacts to the environment. The project also plans to rehabilitate the natural environment around the camps, particularly to address drainage problems. The risk of the proposed construction works to the environment is moderate. The potential impacts are confined to the implementation site and relatively easy to mitigate. The proposed subprojects could potentially displace some people or require land acquisition, triggering OP 4.12 � Involuntary Resettlement. MINEMA has prepared this Resettlement Policy Framework (RPF) as part of the preparation for implementation of the SEIRHCP, since subprojects will be identified on an annual basis during implementation through a participatory process. Once subprojects are clear, the project will prepare subproject site-specific Resettlement Action Plans (RAPs) or Abbreviated Resettlement Action Plan (ARAPs). Where applicable, Project affected persons (PAPs) will have to be compensated before the start of any civil works. This RPF has been developed concurrently with an Environmental and Social Management Framework (ESMF) as one of a set of safeguards instruments required to address and manage potential environmental and social impacts associated with the SEIRHCP. 1.2. PROJECT DEVELOPMENT OBJECTIVE The Project Development Objective is to improve access to basic services and economic opportunities, and support environmental management for refugees and host communities in the target areas in Rwanda. 1.3. PROJECT DESCRIPTION 1.3.1. Project Overview The SEIRHCP seeks to provide socio-economic opportunities that benefit both refugees and host communities in terms of access to and quality of services, while maximizing livelihood and employment opportunities for refugees and host communities to grow the local economy and build self-reliance. Furthermore, the project activities will mitigate the negative impacts of refugees on the environment. 3 The achievement of the project development objective will be measured against the following proposed key indicators: (a) Beneficiaries with improved access to social and economic infrastructure and services, disaggregated by type of service and target group, including refugees and host community members (number) (b) Beneficiaries of economic opportunity activities that report an increase in income, disaggregated by gender and target group, including refugees and host community members (number) (c) Direct project beneficiaries (number), of which percent of females (percentage) (d) People provided with improved environmental conditions in refugee hosting districts (number) These Project Development Objective-level indicators will be reviewed and updated as necessary through project preparation. 1.3.2. Project Components The proposed project will be implemented through four components: Access to Basic Services and Socio-economic Investments, Economic Opportunities, Environmental Management and Project Management/Monitoring and Evaluation. Component 1: Access to Basic Services and Socio-economic investments This component includes subprojects to address the strain that refugee populations place on services, including education, health and water. An intention to integrate refugee children into the national education system is a key commitment made by the Government in 2016 and clarified in the Strategic Plan (SP) for Refugee Inclusion, 2019 - 2024. This component will enable the delivery of key steps outlined in the SP to achieve integrated education by upgrading school facilities in the vicinity of the camps. It will also support facility construction or upgrade of technical and vocational education and training (TVET). It will support socio-economic investments in the form of road upgrading to connect refugees to markets and market infrastructure near the camps to promote economic activity and social integration. Infrastructure under this component will be built in an energy- efficient manner to mitigate climate change impacts, will be accessible to people with 4 disabilities (PWDs) and will address potential risk for GBV (e.g., include appropriate lighting). The component will be implemented through two sub-components. Subcomponent 1 (a): Access to Basic Services This sub-component will finance the following activities: (a) Education: Elementary and secondary schools in and around the camps have a range of different harmonization needs. Many refugee and host community members lack post-secondary education options, particularly technical and vocational education (TVET), which can help employment prospects. Through this project, investments to support integration of refugee children into national schools, to harmonize quality of education across refugee and host community populations and to support access to technical and vocational education and training will be provided. Possible activities under this sub-component include: (i) construction, rehabilitation or upgrading of elementary, secondary, and technical and vocational schools; (ii) provision of facilities and equipment as required for schools (books, furniture, toilets, science kits, etc.); (iii) teacher training; and (iv) study grants for market-linked TVET jobs skills training. (b) Health: the basic needs of refugees are met in camp-based health clinics that are run by UNHCR implementing partners. However, for more serious health issues, refugees are referred to the host communities’ health facilities. This makes those facilities overclouded by patients from both communities. Therefore, the subprojects could include: (i) construction or upgrading of health clinics, centers and/or district hospitals; and (ii) purchase of equipment and medical supplies. (c) Water supply: The refugee presence often affects the water table as refugees and host communities utilize the same water sources. Refugees also generally enjoy a higher level of service delivery through UNHCR implementing partners whereas there is a serious deficit of water in the refugee surrounding communities which can be a source of tension with host communities. Investments for this subcomponent could include construction or rehabilitation of water supply systems in host communities, 5 such as wells, boreholes, pumps, water tanks or other community-based water systems. Subcomponent 1(b): Socio-economic investments This subcomponent will support investments to promote economic activity, connect remote refugee and host populations to markets and to strengthen the access of traders and entrepreneurs to the refugee and host population. This subcomponent will finance: (a) Road upgrading: Due to land scarcity, some refugee camps have been constructed in remote areas far from centers of economic activity. This increases the cost of travel to seek employment and is a major obstacle to self-reliance. It also prevents local traders from accessing the potentially lucrative refugee market. Under this subcomponent, roads will be revamped to link refugee populations and host communities to economic opportunities. (b) Market infrastructure is generally poor or non-existent in and around the camps. Assessments undertaken during project preparation to identify constraints to economic inclusion recommended that investing in market places will increase economic activity and enhance social cohesion by providing a place for refugees and host communities to interact. This subcomponent can finance market facilities outside camps that can be used by both refugees and host communities. Subprojects could include: (i) construction of market places and stalls; (ii) installation of lighting for security and extended business hours; (iii) construction of water and toilet facilities for markets; and (iv) construction of child care facilities to encourage women’s participation in commercial activities and minimize the problem of child neglect in the camps and host Districts. Component 2: Economic Opportunity The component will be implemented through two subcomponents: (a) to promote entrepreneurship and employment through access to finance (grants or loans); and (b) improve access to finance through advisory services and capacity-building. Subcomponent 2(a): Access to finance for refugees and Rwandan entrepreneurs (US$8,000,000) 6 This sub-component will provide finance to refugees and Rwandan entrepreneurs. Both grants and loans will be possible. During the initial phase, a matching grant scheme will be implemented while exploring options to open up a line of credit that would be attractive to refugees and host communities. The remainder of this section describes the matching grant scheme. Matching grants will be provided as a complement to loans offered by participating financial institutions, including SACCOs and MFIs. The process for the scheme will be as follows: • Cooperatives or enterprises will prepare a bankable proposal; • Participating financial institutions (PFIs), including SACCOs and MFIs, will appraise the proposal; • If the project is considered viable, then BRD will conduct safeguards screening; • The beneficiary contributes 10 percent; the program contributes in grant (30 percent) and the beneficiary contracts a loan with the PFI for the balance (60 percent); • The matching grant will be released once the loan is repaid; and • BRD will transfer the grant to the PFI or hold it until the loan has been repaid in the case of MFIs, which cannot hold deposits. The grant will, therefore, serve both as a collateral and a repayment incentive for the loan. Going through financial institutions will allow for proper screening and appraisal of projects and will ensure that the projects are market-based and viable. The financing could cover initial investments or expansion of existing businesses. This design uses existing access to finance mechanisms, while addressing the issue of lack of collateral for Rwandans and refugees, improving repayment rates and reducing non- performing loans, which tend to be high in the case of SACCOs (above 20 percent). The eligibility criteria, minimum allocation per district, maximum amount per grant and operating procedures – including a negative list of activities – will be detailed in a grants manual. Eligible beneficiaries of this component are: • MSMEs led by refugees and/or host communities; • SMEs with proposals that will employ people, of whom at least 10 percent are refugees; • Cooperatives with proposals that will employ people, at least 10 percent of whom are refugees; and • Joint cooperatives between refugees and Rwandan nationals. 7 Subcomponent 2(b) Capacity building for improved access to finance (US$1,000,000) The project will provide capacity-building to strengthen the financing value chain and improve access to finance in the six project districts through: a) Building the capacity of enterprises and cooperatives to start and grow their projects; b) Enhancing the capacity of the existing network of Business Development Advisers (BDAs), who will, in turn, support local initiatives by linking them with funding from the project and other sources. In addition to existing BDAs, refugees will also be trained as BDAs and will operate in and outside the camps; and c) Enhancing PFI capacity, including SACCOs, to help them access financing and better manage their funds. The government supports business planning and entrepreneurship skills through a network of BDAs, whose role is key in the financing value chain.[1] They are paid success fees by the National Employment Program through vouchers when they provide support to entrepreneurs. Enhancing the skills of BDAs will enable them to better advise entrepreneurs and develop their portfolio, thereby increasing their activity and income, including by charging service fees to the enterprises or cooperatives they support. SACCOs are a key element of the financing value chain given their widespread presence across the country.[2] However, some lack capacity to manage funds and screen proposals. Strengthening SACCOs capacity for project screening, fund management and to identify new clients will contribute to improving access to finance for small entrepreneurs in the target districts. Business planning and entrepreneurship skills are limited in the target districts. Many potential cooperatives and businesses lack the knowledge, skills or resources to draft bankable proposals for project financing. The project will therefore provide the following training and capacity building: • Self-initiative training, to be performed by a specialized training provider. This type of training has a proven track record for fostering entrepreneurship;[3] • Training on financial literacy, business plans preparation, to be performed by BDAs; and • Cash flow management, loan repayment, basic accounting, to be performed by BDAs. [1] BDAs provide support at the sector level to generate business ideas, help MSMEs access financial services, and support existing businesses and start-ups. There are two BDAs in each sector in all 30 districts in the country. Under this project, they can a) raise awareness on the financing available to host communities and refugees and b) support entrepreneurs and businesses access the funding by helping them develop business plans and linking them to financial services. [2] There are 416 SACCOs in Rwanda – one in each administrative sector. [3] Teaching personal initiative beats traditional training in boosting small business in West Africa. Campos, Frese, Goldstein, Iacovone, Johnson, McKenzie. World Bank 2017. 8 BRD will undertake a needs assessment and prepare a capacity-building plan for the BDAs and PFIs, including SACCOs. The Plan will describe in detail the needs and form of technical support to be provided in the six project districts. Component 3: Environmental Management The establishment of refugee camps has degraded the environment, creating tensions with host communities. Many camps are located on hilltops and have inadequate drainage systems. This has caused soil erosion and run-off, leading to landslides and the formation of ravines. Climate change is predicted to increase the likelihood of extreme weather events, flooding and landslides, exacerbating the current problems. In addition to affecting social cohesion, the environmental damage also has economic impacts through soil degradation resulting into loss of agricultural land and damage to houses and infrastructure (such as roads and markets) in the host communities. The SEIHCRP component three will support the rehabilitation and stabilization of the natural environment in and around the camps to minimize negative impacts, reduce tensions with host communities and improve the productivity of existing natural resources. Rehabilitation and stabilization activities will involve the enhancement of drainage systems; storm water control and harvesting into surface water reservoirs for productive use by host communities. Where possible, activities under this component will be implemented through labor intensive public works, with employment to be made available to refugees and host communities. Component 4: Project Management/M&E This component will strengthen the technical and administrative capacity of the government to manage the project. It will cover the cost of project management, implementation and supervision at MINEMA and the districts, including: (a) procurement and financial management; (b) a rigorous monitoring and evaluation system, including analytical work to evaluate the impact of refugee inclusion on the local economy; (c) progress reporting; and (d) compliance with safeguards policies. 9 Project management will include monthly coordination meetings between MINEMA, BRD and districts to ensure effective management and information flows. The component will also include support to citizen engagement (communications plan, grievance redress, etc.) and capacity building. 1.4. POTENTIAL RESETTLEMENT IMPACTS AND MITIGATIONS The project will support interventions designed to improve livelihoods and access to basic socioeconomic services in selected districts. The salient physical characteristics relevant to safeguard analysis relate to project Component 1 and 3 which entail civil works and construction of infrastructure such as water supply systems, electricity, schools, markets, health centers, drainage systems, etc. There is also a possibility that business plans submitted for financing under component 2 may bear similar characteristics, though not known at this stage. The SEIRHCP subprojects may involve limited land acquisition and displacement of land- users and impact on livelihoods. The potential environmental and social impacts can be adequately managed by integrating environmental and social due diligence during the project cycle. Given the overall limited likely environmental and social impacts, the project is rated as Category B. The subprojects are likely to have two categories of effects. 1.4.1. Permanent Effects The SEIRHCP aims to improve basic services and economic opportunities for refugees and host communities. Under the access to basic services and socioeconomic investments component, the project plans civil works such as the construction, upgrading and/or rehabilitation of schools, health centers, markets, water systems and roads. The proposed subprojects could potentially displace some people or require land acquisition. While these interventions are yet to be identified, as a precautionary measure, this Resettlement Policy Framework (RPF) addresses issues which might arise from economic displacement and/or restriction of access to communal resources or facilities. This RPF will be consulted upon, finalized and disclosed prior to appraisal. Permanent effects will result in the permanent loss of use of property, vegetation, or, parcels of land by the affected person as a result of the project activities. 10 The following could occur as a result of the construction of, for example, schools, health centers, water systems, roads and other project interventions: a. For people in concerned Districts whose land is found suitable for the constructions, this can translate into either loss of land, crop cover or both of them and livelihood b. Resettlement may lead to a decline in accessing communal resources or facilities such as water sources, farm lands, schools, markets, health centers or hospitals, and natural resources such as trees, related wood resources and wetlands. There can also be disruption of social relations and ties due to resettlement; c. Given, the socioeconomic spectrum for project beneficiaries, if appropriate measures are not taken, men can take all the money. Instances of polygamy and related conflicts can also increase as men get some money from the project and this can result in more uncontrolled births; d. Violence linked to drunkenness and drug abuse can increase in youths, especially refugee youths as youths get money from the project; e. There can also be instances of infectious diseases like HIV/AIDS due to new interactions of communities and contract workers f. There can also be child labor by contractors. Table 1: POTENTIAL RESETTLEMENT IMPACTS AND MITIGATIONS Potential resettlement impacts Mitigation measures For people in concerned Districts Implementing article 35 of Law No. whose land is found suitable for the 32/2015 of 11/06/2015 relating to constructions, this can translate into expropriation in the public interest either loss of land, crop cover or both stipulating that fair compensation can be of them and livelihood paid in monetary form in the Rwandan currency or in any other form mutually 11 agreed upon by the expropriator and the person to be expropriated. Implementing the RPF, including consultations and preparation and implementation of RAPs. Given, the socioeconomic spectrum Implementing article 208 of Law no. for project beneficiaries, if 32/2016 of 28/08/2016 governing persons appropriate measures are not taken, and family stipulating that the right to the men can take all the money or patrimony of spouses commences upon benefits that may be associated with celebration of marriage before the civil the project. Instances of polygamy registrar in accordance with their and related conflicts can also matrimonial regime. increase as men get some money Ensuring women have access to project from the project and this can result benefits, including economic benefits, and in more uncontrolled births; setting minimum targets of women beneficiaries in project results framework. Ensuring sign-off of compensation by both spouses and, where applicable, payment of compensation into joint action accounts. Gender and GBV education and awareness campaigns supported through the project. Increasing access to social services and economic infrastructures through gender- sensitive facilities, including child care centers in markets, suitable spaces for girls in schools, and others. 12 Project communications plan to promote positive practices related to self-reliance. Violence linked to drunkenness and Implementing article 268 of Law drug abuse can increase in youths, n0.68/2018 of 30/08/2018 determining especially refugee youths as youths offences and penalties in general stipulating get money from the project; that any person who is drunk in public is liable to imprisonment for a term of not less than eight (8) days but not more than two (2) months_ and a fine between 20, 000 Rwf and 100, 000 Rwf or only one of the penalties. Security measures implemented about project-financed infrastructures (including appropriate lighting), project communications plan to promote positive practices related to self-reliance, and gender and GBV campaigns. Instances of infectious diseases like Public awareness on mode of transmission HIV/AIDS due to new interactions of and prevention of HIV/AID, provision of communities and contract workers; condoms. There can also be child labor by Implementing article 5 of LAW N° 66/2018 contractors. OF 30/08/2018 REGULATING LABOUR IN RWANDA Minimum age for admission to employment The minimum age for admission to employment is sixteen (16) years. A child aged between thirteen (13) and fifteen (15) years is allowed to perform 13 only light works in the context of apprenticeship. Implementing the Law no. 71/2018 of 31/08/2018 relating to the protection of the child Sub-project screening and monitoring and evaluation to include provision for monitoring compliance with labour laws. 1.4.2 Temporary Effects Temporal effects might result into an interruption in the current use of properties or land by the affected persons as a result of the construction activities. This could occur during the construction, upgrading and/or rehabilitation of schools, markets and health centers, drainage systems, water points, etc. The mitigation measures to the temporary impacts will require the project to be implemented in phases to avoid massive displacement or disturbance of people, provide alternative routes/paths where needed, consider ways to avoid/reduce noise, dust, etc., to ensure that their livelihoods are not negatively affected. 1.5. RATIONALE FOR PREPARATION OF RPF 1.5.1. Objectives and Principles The Resettlement Policy Framework (RFP) will be used for the social screening and assessment of the project components and subcomponents to be funded by the Socioeconomic Inclusion of Refugees and Host Communities Project in Rwanda (SEIRHCP). The Resettlement Policy Framework (RPF) will guide implementation of civil works packages under the components and sub-components to ensure that displacement issues are resolved and that the livelihoods of the affected persons are not negatively impacted on and, where it is unavoidable; they are appropriately compensated and/or resettled. The RPF also clarifies resettlement principles, organizational arrangements and design criteria to be applied when implementing the SEIRHCP. 14 The objectives of the Resettlement Policy Framework (RPF) are to: a. Establish the resettlement and compensation principles and implementation arrangements for the project; b. Describe the legal and institutional framework underlying approaches for resettlement, compensation and rehabilitation; c. Define the eligibility criteria for identification of Project Affected Persons (PAPs) and entitlements; d. Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; e. Provide procedures for filing grievances and resolving disputes; and f. Develop an outline for the development of Resettlement Action Plans. The RPF provides framework guidance to identify and manage situations when subprojects may lead to displacement of people, affect their livelihoods (physical or economic displacement/resettlement, denial of rights of access to resources) or interfere with their cultural resources. Any resettlement and/or compensation measures will be implemented in accordance with the RPF, which will guide when and how site-specific Resettlement Action Plans (RAPs) will have to be completed and implemented before project implementation commences. The RPF follows the guidance provided in the World Bank Operational Policy on Involuntary Resettlement (OP 4.12). It ensures that project activities that will cause physical and or economic displacement or any possible adverse impacts of proposed project activities are addressed through appropriate mitigation measures. Below mentioned are the principles that will guide the process: a. Avoiding displacement of people without a well-designed compensation and relocation process; b. Minimizing the number of PAPs, to the extent possible by seeking alternative sites and designs; c. Compensating for losses incurred and displaced incomes and livelihoods where land take is unavoidable; and d. Ensuring resettlement assistance or rehabilitation, is timely and as needed, to address impacts on PAPs livelihoods and their well-being. 15 1.5.2. Methodology During this process, previous RPF and project documents were reviewed to have a common understanding on the subject, relevant Rwandan laws and World Bank safeguards were explored to create a proper linkage between them. Selected sites where the project will be implemented were visited to have a clear understanding of the ground/terrain and key stakeholders’ consultations conducted. In this process, principles like significance, completeness and responsiveness guided our consultations. During these interactions, effective communication, transparence, collaboration, inclusiveness and integrity were used to attain the intended objectives. Stakeholders involved in this project range from central and local government, national and international organizations, private entities, communities neighboring refugee camps, and partners, refugee representatives and refugee communities where the project will be implemented. Methodologies and techniques that were used to engage and obtain input from stakeholders included face-to-face meetings, focus group discussions and literature searches. Consultations were carried out in the six Districts that have refugee camps in Rwanda, which are Kirehe, Gatsibo, Gicumbi, Karongi, Nyamagabe and Gisigara. The main purpose was: a. To exchange views with stakeholders, refugees and host communities on potential sub-projects b. To explore national and World Bank Environmental and social safeguards requirements from project design and implementation c. To assess the capacity, role and responsibilities of stakeholders in the application of relevant social and environmental safeguards policies d. To identify possible social and environmental risks of the project and mitigating measures e. To explore possibilities in which host communities and refugees can participate in project implementation f. To get an understanding of social economic baseline indicators of the project areas. 16 g. To understand how grievances have been handled in the project site to get an insight on how the GRM can be developed Stakeholder meetings were held from November 7, 2018 to December 18, 2018 at the concerned Districts, Sectors and Cells as well as at concerned refugee camps. During the meetings an overview of the proposed SEIRHCP was presented as well as the purpose of the consultation. The flow was then given to stakeholders. Follow-up and probing questions were also used to help stakeholders open up and provide their ideas, expectations, worries, wishes, etc. Key consulted stakeholders in the proposed project are shown in Annex 6 as well as the attendance list in Annex 7. 17 CHAPTER TWO: LEGAL, POLICY AND INSTITUTIONAL FRAMEWORK This section describes the legal and administrative framework for undertaking land acquisition and resettlement for the Project, with specific reference to all relevant Rwandan laws and other statutory provisions, and the World Bank OP 4.12 for Land Acquisition and Involuntary Resettlement. This legal and institutional framework is presented in the following sections: 2.1. RELEVANT NATIONAL POLICIES AND STRATEGIES 2.1.1. Vision 2020 Rwanda Vision 2020 aspires to transform Rwanda from a poor country to a middle-income country from a per capita income of USD 290 in 2000 to USD 900 in 2020. Attaining a productive and high-value agriculture and developing infrastructure with improved transport links are two among the six key pillars of Vision 2020 that will help poverty reduction by achieving a Pro-Poor growth where all Rwandans have the chance to gain from the new economic opportunities. Sustainable environmental and natural resource management with gender equality are identified as crosscutting areas that will always affect the Vision 2020 development goals and therefore are important to consider at all times. 2.1.2. Economic Development and Poverty Reduction Strategy (EDPRS2) The Second Economic Development and Poverty Reduction Strategy (EDPRS 2) is a medium-term (2013-2018) framework for achieving the country’s long-term development aspirations as embodied in Rwanda Vision 2020. The Strategy underscores social protection as one of the foundations of income generation in rural areas, a critical component of strategic direction for achieving EDPRS2. Under EDPRS 2, environment and climate change are amongst the major crosscutting issues, with request for mainstreaming environmental sustainability into productive and social sectors. 2.1.3. National Land Policy The land policy emphasizes productive use of land based on suitability of specific land units. It also advocates for and entrenches land rights and tenure security by promoting land registration and titling. For road scheme development, the implications of this policy relate 18 to resettlement and compensation; assessing the suitability of particular areas for road infrastructure; and the influence of infrastructure development on the changing value and use of land. 2.1.4. Land Tenure System and Provisions in Rwanda Land in Rwanda is divided into two categories, urban or rural land. Urban lands are defined as lands confined within the legal boundaries of towns and municipalities as well as lands in suburbs and collective settlements of towns and municipalities. Any other land is rural land. Land ownership is divided into the following categories: individual owned lands and State lands (whether urban or rural). Individual land is comprised of land acquired through custom, written law, acquisition from competent authorities, purchase, gift, and exchange and sharing. State lands are further categorized into two sub-categories: public domains and private State-owned lands. State land for public domain comprises land reserved for public use, for use by organs of state services or for environmental protection. The Land Use Master Plan (Law No 43/2013 of 16/06/2013 governing land in Rwanda, article 6) states that all types of land tenure must be in compliance with the designated land use. This Law provides two types of formal land tenure: full ownership/ freehold and long- term leasehold. As a result of the privatization of State-owned lands, many land users don’t hold either type of land tenure. As a result of this, the Law recognizes existing rights, whether written or unwritten, under both civil law and customary practices through new national land tenure arrangements. Article 7 of this law (No 43/2013 of 16/06/2013) formalizes land ownership, especially those acquired through customary means. In such cases, populations with customary/indigenous land rights are being encouraged to register their land through decentralized District Land Bureau, Sector Land Committees and Cell Land Committees. 2.2. REFUGEE RELATED PROVISIONS 2.2.1. Law N° 13ter/2014 of 21/05/2014 Relating to Refugees The relevance of this law is based on the fact that the Socioeconomic Inclusion of Refugees and Host Communities Project in Rwanda will have refugees as important stakeholders and beneficiaries. This law established a Refugee Status Determination Committee of which the organization and functioning shall be determined by a Prime Minister’s Order. This committee is mandated to (1) to consider and decide on asylum applications made by those 19 applying for refugee status in Rwanda; (2) to revoke refugee status in accordance with the provisions of this Law, and (3) to submit to the Minister an activity program and report each year and whenever necessary. Article 18 of the Law n°13ter/ 2014 of 21/05/2014 relating to Refugees in Rwanda stipulates that “Without prejudice to other laws, any person having obtained refugee status in Rwanda shall enjoy the rights and liberties provided for by international instruments on refugees ratified by Rwanda�. It is inferred that the right to work for refugees recognized under these international instruments is also recognized under Rwandan laws. 2.2.2. 1951 Refugee Convention Rwanda is a signatory of the 1951 Refugee Convention and its protocols. This Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention, is a United Nations multilateral treaty that defines who is a refugee and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. While the convention states that the refugees will abide by the national laws of the contracting state. It also has some provisions about the rights of refugees that contracting states have to respect. The convention states that contracting states have to exempt refugees from reciprocity; be able to take provisional measures against a refugee if needed in the interest of essential national security; respect a refugee's personal status and the rights that come with it, particularly rights related to marriage; provide free access to courts for refugees; provide administrative assistance for refugees; provide identity papers for refugees; provide travel documents for refugees; allow refugees to transfer their assets; provide the possibility of assimilation and naturalization to refugees; cooperate with the UNHCR in the exercise of its functions and to help UNHCR supervise the implementation of the provisions in the Convention; provide information on any national legislation they may adopt to ensure the application of the Convention, and settle disputes they may have with other contracting states at the International Court of Justice if not otherwise possible. The convention also states that the Contracting State shall accord to refugees lawfully staying in their territory the most favorable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage-earning employment. 20 The Convention spells out what the contracting states shall not do such as to discriminate against refugees; to take exceptional measures against a refugee solely on account of his or her nationality; to expect refugees to pay taxes and fiscal charges that are different to those of nationals; to impose penalties on refugees who entered illegally in search of asylum if they present themselves without delay, which is commonly interpreted to mean that their unlawful entry and presence ought not to be prosecuted at all; to expel refugees, and to forcibly return or "refoul" refugees to the country they have fled from. The convention also states that refugees shall be treated at least like nationals in relation to freedom to practice their religion, the respect and protection of artistic rights and industrial property, rationing for products in short supply, elementary education, public relief and assistance, and labor legislation and social security. It also states that refugees shall be treated at least like other non-nationals in relation to movable and immovable property, the right of association in unions or other associations, wage-earning employment, self- employment, practice of the liberal professions, housing, education higher than elementary, and the right to free movement and free choice of residence within the country. 2.3. NATIONAL RESETTLEMENT REGULATIONS Rwanda has numerous laws and policies related to Land and resettlement issues. These include:  The Constitution of 2003 revised in 2015;  Law n0 17/2010 of 12 /05/2010 establishing and organizing the real property valuation profession in Rwanda  Law No. 32/2015 of 11/06/2015 relating to expropriation in the public interest  Law N°42/2015 of 29/08/2015 modifying and complementing Law n0 55/2011 of 14/12/2011 Governing Roads in Rwanda  Law N° 43/2013 of 16/06/2013 governing land in Rwanda 2.3.1. Constitution of Rwanda The constitution is the supreme law in Rwanda. Under Article 34 of the Rwanda constitution, it is stated that: “everyone has the right to private property, whether individually or 21 collectively owned�. Furthermore, it mentions private property, whether individually or collectively owned, is inviolable. However, this right can be interfered with in case of public interest, in circumstances and procedures determined by law and subject to fair and prior compensation. Article 35 stipulates that private ownership of land and other rights related to land are granted by the State. The constitution provides that a law determines modalities of concession, transfer and use of land. The constitution also provides for a healthy and satisfying environment. Article 53 of the Constitution states that every person has the duty to protect, safeguard and promote the environment and that the State ensures the protection of the environment. 2.3.2. Expropriation Law in the Public interest The law No. 32/2015 of 11/06/2015 relating to expropriation in the public interest determines the procedures relating to expropriation of land in the interest of the public. Article 3 of the law stipulates that it is only the government that has authority to carry out expropriation. However, the project, at any level, which intends to carry out acts of expropriation in the public interest, shall provide funds for inventory of assets of the person to be expropriated and for just compensation on its budget. According to the law, no person shall hinder the implementation of the program of expropriation on pretext of self-centered justifications and no land owner shall oppose any underground or surface activity carried out on his or her land with an aim of public interest. In case it causes any loss to him or her, he or she shall receive fair and just compensation for it. The law identifies properties to be valued for just and fair compensation including land and activities that were carried out on the land such as different crops, forests, any buildings or any other activity aimed at efficient use of land or its productivity. However, as per Article 26 of the law No 32/2015 of 11/06/2015, the owner of land designated for expropriation in the public interest shall provide proof of rights to land and property incorporated thereon like land titles or any other documentary evidence showing he/she has property ownership. 2.3.3. Law N° 43/2013 of 16/06/2013 governing land in Rwanda This is the law that determines the use and management of land in Rwanda. It also institutes the principles that are to be respected on land legal rights accepted on any land in the 22 country as well as all other appendages whether natural or artificial. According to the Law, Land in Rwanda is categorized into two: Individual land and Public land. The latter is subdivided into two categories: the state land in public domain and the state land in private domain. The Article 12 and 13 of Law governing land in Rwanda stipulates that State land in the public domain consists of all land meant to be used by the general public or land reserved for organs of State services as well as national land reserved for environment conservation. Land occupied by national roads and their boundaries, Districts and City of Kigali roads and that of other urban areas linking different Sect ors’ headquarters within the same District, or those roads that are used within the same Sector with their boundaries; arterial roads that connect Districts roads to rural community centers that are inhabited as an agglomeration with their boundaries is among the State land in the public domain. 2.3.4. Law N°42/2015 of 29/08/2015 modifying and complementing Law n0 55/2011 of 14/12/2011 governing roads in Rwanda This law provides classification of roads and defines responsibilities, management, financing and road development. In the context of this project, among the possible investments that might be funded are roads that fall under the District responsibility. The article 17 of this law stipulates that the widening of a road shall be done after expropriation of the people near the road in accordance with the law to secure the land needed. The Article 1 of the Law N°42/2015 of 29/08/2015 (which modified and complemented Article 22 of Law N°55/2011 of 14/12/2011) governing roads in Rwanda stipulates that the road reserve for national roads and District roads, Class 1, shall be delimited by two (2) parallel lines at twenty-two (22) meters on both sides of the road from its median line. The road reserve for District roads, Class 2, shall be delimited by two (2) parallel lines at twelve (12) meters on both sides of the road from its median line. 2.3.5. Law n0 17/2010 of 12/05/2010 establishing and Organizing the Real Property Valuation Profession in Rwanda The Law establishing and organizing the Real Property Valuation profession provides conditions for registration of land valuers in Rwanda, establishes the Institute for real property Valuers and sets conditions to exercise the profession. The law also allows the 23 Government employees to conduct valuation when mandated by their government institutions. Articles 27, 28, 29, 30 and 31 of the law establishing and organizing the real property valuation profession in Rwanda deal with valuation methods. These articles stipulate that price for the real property shall be close or equal to the market value. The valuation could also compare land values country wide. Where sufficient comparable prices are not available to determine the value of improved land, the replacement cost approach shall be used to determine the value of improvements to land by taking real property as a reference. The law also allows the use of international methods not covered in the law after approval from the Institute of Valuers council. 2.4. WORLD BANK INVOLUNTARY RESETTLEMENT (OP/BP 4.12) All the public works will be screened for impacts and an appropriate Resettlement Action Plan (RAP) will be prepared by the Districts, if required. The Resettlement Policy Framework (RPF) sets the guidelines for the resettlement and compensation plans that would have to be prepared when any project investment (activity) triggers this policy. It has to be prepared by the government and approved by the Bank in compliance with OP 4.12. This policy is triggered (as is the case for this project) when a project activity has the potential to cause the involuntary taking of land and other assets resulting in: (a) relocation or loss of shelter, (b) loss of assets or access to assets (c) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Therefore, people are in most cases compensated for their loss (of land, property or access) either in kind or in cash of which the former is preferred. The resettlement policy applies to all displaced persons regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Particular attention should be paid to the needs of vulnerable groups among those displaced. The policy also requires that the implementation of the resettlement plans is a pre-requisite for the implementation/start of the construction to ensure that displacement or restriction of access does not occur before necessary measures for resettlement and compensation are in place. For chosen sites involving land acquisition, it is further required that these 24 measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, the taking of land and related assets may take place only after compensation has been paid, and where applicable, resettlement sites, new homes, related infrastructure and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the project resettlement plans of action. The policy aims to have the displaced persons perceive the process to be fair and transparent. Where there is a conflict between the Laws of Rwanda and the Bank OP4.12, the latter will take precedence if the Bank is to fund the project/activity. 2.5. COMPARATIVE ANALYSIS: RWANDA LEGISLATIONS AND WORLD BANK OP 4.12 The WB Standards require that projects identify all laws of the host country that are applicable to land acquisition and involuntary resettlement, including relevant local customs and traditions that govern affected communities. However, where national legislation falls short of meeting the conditions prescribed by WB policy standards, projects should ensure they meet the policy standards. On this basis, this section identifies gaps between Rwandan laws and WB policies, and proposes a strategy to address those gaps without infringing on issues of national sovereignty. Where differences between standards have been identified, the more stringent of WB policies and Rwandan policies, legislation, and regulations applies for this RPF. Although Rwanda has developed and enacted new land and new expropriation laws that are responsive to land and property especially in case of expropriation, there are some gaps when compared to World Bank OP4.12 on involuntary resettlement. These gaps include the following: 2.5.1. Stakeholder Participation and Consultation World Bank OP 4.12 requires that persons to be displaced should be actively consulted and should have the opportunity to participate in planning and design of resettlement programs. The Rwandan Expropriation (Law No. 32/2015 of 11/06/2015) simply stipulates that affected people should be fully informed of the expropriation process. 25 The law also conflicts the very purpose of consultation and involvement by prohibiting any opposition to the expropriation program if considered to be under the pretext of self- centered justification which might not be the case. 2.5.2. Determining Eligibility for Compensation While World Bank considers and allows a wide range of persons eligible for compensation, such as those who do not own land but have access to the property and will be displaced, Rwandan legislation (Law No. 32/2015 of 11/06/2015) only stipulates that compensation be due to property owners (land or other assets). 2.5.3. Transfer period Rwandan expropriation law (Law No. 32/2015 of 11/06/2015) stipulates a timeframe when the property to be expropriated must be handed over, which is 120 days after compensation has been paid. WB OP4.12 requires that displacement must not occur before necessary measures for resettlement are in place, i.e., measures over and above simple compensation. Measures pertaining to provision of economic rehabilitation, however, can and often do occur post displacement. 2.5.4. Avoiding Resettlement According to OP 4.12, resettlement should be avoided whenever possible. Article 3 of the new expropriation Law in Rwanda (Law No. 32/2015 of 11/06/2015) regards expropriation in the public interest as inevitable. No person shall hinder the implementation of the program of expropriation in the public interest on pretext of self-centered interests. 2.5.5. Assistance to Resettle the Displaced While the expropriation law (Law No. 32/2015 of 11/06/2015) provides for compensation measures, it is silent on other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. 26 2.5.6. Criteria for Expropriation and Compensation 1. Eligibility Eligibility for compensation as a result of expropriation is enshrined in the Constitution of Rwanda under article 29 and the Expropriation Law (Law No. 32/2015 of 11/06/2015). As per Article 26 of the law No 32/2015 of 11/06/2015, the owner of land designated for expropriation in the public interest shall provide proof of rights to land and property incorporated thereon, such as land titles or any other documentary evidence showing he/she has property ownership. WB OP 4.12 requires that those who do not have formal legal rights to land at the time the census begins but have a recognized claim to such land or assets are also eligible for compensation for the land they lose, and other assistance. Each category in the eligibility matrix has compensation calculations associated with it based on type of lost asset, type of tree, type of crop and yields. WB OP 4.12 indicates that squatters (i.e., the PAPs who do not have title or valid claim to the land) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas. Rwanda expropriation law stipulates a timeframe upon when the property to be expropriated must be handed over, which is 120 days after compensation has been paid. WB OP4.12 requires that displacement must not occur before necessary measures for resettlement are in place, i.e., measures over and above simple compensation. 2. Compensation Entitlement In event of loss occurring to an individual, Article 3 of the Expropriation Law stipulates that Expropriation “shall be carried out only in the public interest and with prior and fair compensation�. This entitlement is based on the figure arrived at by the independent valuer. Article 4 of this law also stipulates that any project which results in the need for expropriation for public interest shall provide for all just compensation in its budget. Through mutual arrangement, both parties can determine the mode of payment. 27 Article 35 of the Expropriation Law (Law N° 32/2015 OF 11/06/2015) provides that through an agreement between the person to expropriate and the one to be expropriated, just compensation may either be monetary, alternative land or a building equivalent as long as either option equates to fair and just monetary compensation. In case the determination of ‘just’ compensation exceeds in value the alternative land given to the expropriated person, the difference will be paid to the expropriated person. 3. Expropriation and Valuation in Rwanda Land and other assets incorporated thereon are classified into two categories: movable and immovable assets, both of which are eligible for compensation. Valuation of property on land is done by the Government or independent valuers registered by Institute of Real Property Valuers. The amount of compensation for property is determined on the basis of the replacement cost of the property. The law provides that the valuation for expropriated assets be based on its type, use, location and availability, building on this guidance provided by MINIRENA. At the moment market prices for property on it are negotiated openly and freely by the buyer and the seller based on mutual agreement (willing seller willing buyer basis). 4. Procedures for Expropriation The law on expropriation stipulates and provides for public sensitization on the importance of the project to be established and the need for expropriation. In addition to sensitization, the Expropriation Law requires prior consultative meetings and examination of the project proposal involving expropriation, with a view to avoid eventual prejudice on the person or entity subject to expropriation. Normally, a consultative meeting is held within 15 days after receipt of the application for expropriation. Based on these consultations, the Resettlement and compensation committee shall submit in writing its decision to the District Council for approval of the expropriation in the public interest. The District Council decision shall be announced on at least one of the radio stations with a wide audience in Rwanda and in at least one of Rwanda-based newspapers with a wide readership in order for the relevant parties to be informed thereof. If necessary, any other means of communication shall be used. 5. Complaints Procedure 28 Articles 33 and 34 of the Expropriation Law No 32/2015 of 11/06/2015 provide complaints procedures for individuals dissatisfied with the value of their compensation. Article 33 of the expropriation law stipulates that dissatisfied persons have a period of 10 days from the application for counter valuation by the person to be expropriated. This application should be done within seven days after the approval of the valuation report by the expropriator. However, in the context of this project, the grievance redress committees at the Cell/Quarter, Sector/Camp; the District and the top-level Project Coordination Unit will supervise expropriation procedures and resolve related issues/conflicts (see Grievance Mechanism). The PAPs with no formal rights or recognized claims (i.e., squatters) will also be able to access the grievance redress mechanism. Project implementers will ensure that all affected people are fully informed of the process for expressing dissatisfaction and for seeking redress, and will issue warnings about the consequences of failure to lodge their complaints in time. The first step of redress is to inform those to be expropriated of their rights during the expropriation process. Once the valuation report is approved by the expropriator and the land owner or the owner of property incorporated on land is satisfied with the valuation, he/she shall sign or fingerprint the approved fair compensation reports (Article 31 and 32 of the Expropriation Law No 32/2015 of 11/06/2015). In the event that any PAP rejects the value given by the expropriator, he/she can indicate in writing for his/her dissatisfaction with the valuation report and ask for a counter- assessment of the value. He/she will then engage the services of a valuer or a valuation firm recognized by the Institute of Real Property Valuers in Rwanda at his/her own expense. The counter-assessment report must be available within ten (10) days from the application for counter valuation by the person to be expropriated (Article 33 of the expropriation law No 32/2015 of 11/06/2015). When the counter-assessment report is approved and the land owner or the owner of property incorporated on land is satisfied with the valuation, he/she shall sign or fingerprint the approved fair compensation reports. 29 Table 2: Comparative Analysis between World Bank OP 4.12 and National Laws Principles Rwanda Legislations World Bank OP 4.12 Gap filling measures Valuation Valuation is covered by the Law No OP 4.12 prefers Replacement cost method of Adopt replacement cost method of 32/2015 of 11/06/2015 relating to valuation of assets that helps determine the valuation as per the Law No expropriation in the public interest and amount sufficient to replace lost assets and 32/2015 of 11/06/2015 relating to Law No 17/2010 of 12 /05/2010 cover transaction costs. In applying this expropriation in the public interest establishing and organizing the real method of valuation, depreciation of and Law No 17/2010 of 12 property valuation profession in structures and assets should not be taken into /05/2010 establishing and Rwanda stipulating that the affected account. If the residual of the asset being taken organizing the real property person receives fair and just is not economically viable, compensation and valuation profession in Rwanda compensation. other resettlement assistance are provided as if the entire asset had been taken. Compensation Article 28 of the expropriation law No OP 4.12 gives preference to land based Adopt article 35 of law No 32/2015 32/2015 of 11/06/2015 entitles the resettlement strategies for displaced persons of 11/06/2015 relating to landholder to compensation for the whose livelihoods are land- based as compared expropriation in the public interest value of the land and activities on the to monetary compensation basis of size, nature location considering the prevailing market rates. Fair compensation can be paid in monetary form in Rwandan currency or 30 in any other form mutually agreed upon by the expropriator and the person to be expropriated as per article 35 of law No 32/2015 of 11/06/2015 relating to expropriation in the public interest Meaningful The Rwandan law on Expropriation OP 4.12 requires that persons to be displaced Adopt OP 4.12 methods of and simply stipulates that affected people should be actively be consulted and should consultative participation Participative be fully informed of expropriation in have opportunity to participate in planning and consultation the public interest. The PAPs have design of resettlement programs also rights to appeal for the decision on expropriation in the public interest. The law also conflicts the very purpose of consultation and involvement by prohibiting any opposition to the expropriation program if considered to be under the pretext of self-centered justification which might not be the case Timeframe The cut-off date is not clearly defined. OP4.12 requires that displacement must not A cut- off date should be applied. As per the law (Article 17 of the occur before necessary measures for Adopt OP 4.12 approach, which expropriation law), PAPs are requested resettlement are in place, i.e., measures over states that, where the borrower has not to develop any other long-term and above simple compensation. These include 31 activities on the land after the compensation and other measures required for offered to pay compensation to an publication of the decision on relocation and preparation and provision of affected person in accordance with expropriation in the public interest facilities of resettlement sites, where required. an approved resettlement plan, but and list of PAHs. In particular, taking of land and related assets the offer has been rejected, the may only take place after compensation has taking of land and related assets may been paid and where applicable resettlement only proceed if the borrower has Rwanda expropriation law also sites and moving allowances have been deposited funds equal to the offered stipulates a timeframe upon when the provided. Furthermore, measures pertaining to amount plus 10 percent in a secure property to be expropriated must be provision of economic rehabilitation however form of escrow or other interest- handed over, which is 120 days after can and often do occur post displacement. bearing deposit acceptable to the compensation has been paid. WB OP 4.12 provides for a timeframe (cut-off Bank, and has provided a means date); people who encroach on the area after satisfactory to the Bank for resolving the cut-off date are not entitled to the dispute concerning said offer of compensation or resettlement assistance) compensation in a timely and equitable manner. Overall Article 6 of law No 32/2015 of Under the OP 4.12, It is not necessary to prove Adopt the Law No 32/2015 of strategy 11/06/2015 relating to expropriation that the project fits within the overall land 11/06/2015 relating to in the public interest on procedures, master plan expropriation in the public interest provides for the process to show how the sub projects fits into the land master plan of the area in question 32 Eligibility Article 26 of law No 32/2015 of OP 4.12 criteria for eligibility include even Adopt the World Bank OP 4.12 11/06/2015 relating to expropriation those who do not have formal legal rights to policy which is much broader in the public interest the expropriation land at the time the census begins but have a law requires the person who owns claim to such land or assets--provided that land intended for expropriation to such claims are recognized under the laws of Provide evidence of ownership or the country or become recognized through a rights on that land and presents a process identified in the resettlement plan and certificate to that effect. also those who have no recognizable legal right or claim to the land they are occupying. The latter are only compensated for assets other than land. The Rwandan law provides that Fair OP 4.12 requires and prefers resettlement of Adopt article 35 of law No 32/2015 compensation can be paid in monetary displaced persons through provision of land for of 11/06/2015 relating to form in Rwandan currency or in any land instead of cash compensation for land, expropriation in the public interest other form mutually agreed upon by the when livelihoods are land based. Displaced expropriator and the person to be persons should be assisted in their efforts to expropriated as per article 35 of law No improve their livelihoods and standards of 32/2015 of 11/06/2015 relating to living or at least to restore them, in real terms, expropriation in the public interest. to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 33 Required Fair compensation can be paid in OP 4.12 requires displaced persons to be Use World Bank OP 4.12. Measures monetary form in Rwandan currency or consulted on, offered choices among, and in any other form mutually agreed upon provided with technically and economically by the expropriator and the person to feasible resettlement alternatives. be expropriated as per article 35 of law No 32/2015 of 11/06/2015 relating to expropriation in the public interest Grievance The Law of 32/2015 of OP 4.12 requires that displaced persons and Adopt the World Bank O.P 4.12 redress 11/06/2015 relating to relating to their communities, and any host communities mechanisms expropriation in the public interest receiving them, are provided timely and only talks about mechanisms to relevant information, consulted on redress issues to do with individuals resettlement options, and offered dissatisfied with the proposed value of opportunities to participate in planning, their compensation. implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups. 34 2.6. INSTITUTIONAL FRAMEWORK The Ministry in charge of Emergency Management (MINEMA), the Development Bank of Rwanda (BRD), and six Districts (Kirehe, Gatsibo, Gicumbi, Karongi, Nyamagabe and Gisagara) are the main institutions involved in the preparation and implementation of the present RPF. Ministry in charge of Emergency Management (MINEMA) The Ministry in charge of Emergency Management (MINEMA) will be the main project implementer and will ensure SEIRHCP appropriate preparation, implementation, monitoring and evaluation. MINEMA will oversee all the SEIRHCP components and work with the Districts on Component 1. Districts, in coordination with MINEMA, will spearhead the process of subproject identification for component 1. Subprojects will be identified through the government’s regular district development planning process, which includes consultation at the cell, sector and district levels and, eventually, consolidation into district plans. Both refugees and host communities will be consulted during the planning process, Districts will submit screened subproject proposals, costed annual work plans (AWPs), and budgets to MINEMA for additional screening and safeguards categorization, with the decision on which subprojects to finance to be taken by the Steering Committee. Final decisions will be reported back to refugees and host communities to close the feedback loop. For component 2, in coordination with MINEMA, BRD will agree with partner financial institutions on selection criteria for the project’s financing. This will be reflected in the Grants Manual, which will be part of the Project Implementation Manual. Business plans from proponents will be submitted to Participating Financial Institutions (PFIs) and undergo necessary due diligence, including an initial safeguards checklist which the PFIs will be trained to complete. Should a business plan meet the due diligence requirements of the financial institution and the selection criteria of the project, the plan will 35 be screened by BRD for social and environmental safeguards risks, including those described in the project’s RPF and ESMF. Appropriate safeguards actions will be taken by the proponent following the result of the safeguards screening finalized by BRD. BRD will also arrange to provide capacity building to entrepreneurs, BDAs, and PFIs. For component 3, subprojects will be identified based on the environmental needs assessment undertaken during project preparation and consultations at the cell, sector and district levels. Refugees will also be consulted. MINEMA will prepare subproject proposals with technical guidance from MoE and REMA. MINEMA will cost the screened proposals, develop an annual work plan and budget, and submit them to the Project Steering Committee for final decision. Final decisions will be reported back to refugees and host communities to close the feedback loop. Districts Districts will be the main implementers of Component 1 and will be responsible for implementation of ESMPs, RAPs, and others as may be applicable (including integrating safeguards requirements in contracts for construction, etc.). 2.7. CRITERIA FOR EXPROPRIATION AND COMPENSATION 2.7.1. Eligibility Eligibility for compensation as a result of expropriation is enshrined in articles 34 and 35 of the constitution of the Republic of Rwanda of 2003 revised in 2015 and articles 26, 27 and 35 of the law No 32 /2015 of 11/06/2015 relating to Expropriation in public interest. The two laws regulate and give entitlement to those affected, whether or not they have written customary or formal tenure rights. WB OP 4.12 requires that those who do not have formal legal rights to land at the time the census begins but have a recognized claim to such land or assets- are also eligible for compensation for the land they lose, and other assistance. Each category in the eligibility matrix has compensation calculations associated with it based on type of lost asset, type of tree, type of crop and yields. 36 The proposed SEIRHCP activities will provide compensation to all affected people eligible for compensation based on the nature or category of their losses for example physical assets or income and cut-off-date. The following PAP categories are eligible for compensation: a. People who have been in the surveyed part of the proposed working areas; b. Landlords owning land affected by the proposed sub-projects; c. People whose structures are to be affected by the developments; d. People who rent land for cultivation (sharecroppers) and whose crops or trees are to be removed or damaged due to land acquisition activities. e. Any other group of persons that has not been mentioned above but is entitled to compensation according to the laws of Rwanda and World Bank policies, such as social and community organizations (schools, religious agencies, etc.). f. Those who can show proof of assets loss, apart from those categories mentioned above, before the census cut-off date. a) Eligibility of PAPs According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for persons to be displaced, will be based on the following: a. Persons that have formal legal rights to land, including customary and traditional rights recognized under the Rwandan law. These include people holding leasehold land, freehold land and land held within the family or passed on through generations. b. Persons who do not have formal legal rights to land or assets at the time the census begins, but have a recognized claim of use to such land or ownership of assets. c. Persons who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from. This class of people includes encroachers, illegal occupants/squatters and ownerships under dispute etc. 37 b) Speculative Structures Opportunistic structures established after the cut-off date shall not be compensated. During RAP implementation, these will be established by: a. Comparing with property surveying/valuation records; b. Consultation with local authorities to ascertain whether the contested structure existed at the time of the cut-off date or census and whether it was established in good faith or for opportunistic compensation purposes. c) Vulnerable Groups Vulnerable people are considered to be ones who by virtue of gender, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. Vulnerable groups will be at possible risk of becoming more vulnerable due to displacement, compensation, and resettlement process. Vulnerable groups include households headed by women, households that are headed by children, households made up of the aged or disabled, households whose members are impoverished, households whose members are involved in conflicts and households that are economically marginalized. Assistance to these vulnerable groups of people may include: a. Assistance in the compensation payment procedure (e.g., going to the bank with the person to cash the cheque, if needed; b. Assistance in financial literacy training for people in need, e.g., women, in the post-compensation payment period to secure the compensation money and reduce risks of misuse/robbery; c. Provide specialized livelihood training appropriate to the disabled. d. Implement livelihood improvement programs; e. Ensuring that vulnerable people are included in the consultations regarding the RPF/RAP and compensation and have their share of the compensation; 38 f. Support in nutritional and health status of elderly person’s post-resettlement to ensure successful integration into the resettled community. g. Assistance in building i.e., providing materials, workforce, or building houses; h. Health care if required at critical periods i.e., moving and transition period. Entitlements for compensation shall be based on the eligibility criteria and the various categories of losses identified during field consultations. Unless otherwise indicated, payment of compensation and other entitlements and the extension of assistance will be made to PAP households and individuals. Where possible, affected persons will benefit, in addition to compensation for land-based, livelihood or asset-based compensation, from non- land-based options centered such as opportunities for employment should be provided in addition to cash compensation for land and other assets lost. In addition to these entitlements, households who are found in difficult situations and are at greater risk of impoverishment (i.e., widowed household heads, households without employment, single parent households, etc.) as identified by the census will be provided with appropriate assistance by the project. The assistance is meant to help them cope with the displacement caused by the project. 2.8. Table 3: TYPES OF COMPENSATION Type of Description Compensation In Kind (i) Compensation of affected community assets like water points. The project Compensation will provide building materials, transport and labor costs and reconstruct the affected community asset for all users. (ii) Good varieties of tree, fruit inclusive, and grass will be provided to replace trees likely to be affected by project works and to protect constructed structures. 39 Cash for work It is expected that there will be some temporary loss of income or temporary loss payments of access to certain facilities due to project activities. (i) Those people, together with other job seekers, will be employed in project works (construction of schools, markets, roads, health centers, drainages), etc., to restore the income loss. (ii) They will also be capacitated on other sources of income like tree planting, etc. Economic (i) Capacity building of PAPs on small income generating projects; Rehabilitation (ii) Provision of assistance to facilitate reestablishment of livelihood Assistance activities such as provision of seedlings and agricultural inputs (iii) Creation of income generating activities like farming in cooperatives, etc. Additional (i) Encouraging PAPs to harvest their crops and mobilize PAPs for assistance discouraging perennial crops within the area delineated for Project works (ii) Facilitation/advocacy on government social protection support to vulnerable groups. The entitlement matrix is given in the following table and will form the basis for (resettlement planning through the preparation of RAPs and) compensation of project affected people. support for the vulnerable will be provided as referenced in Section 2.7. 40 Table 4: Entitlement Matrix Type of Loss Eligibility Criteria Entitlement Loss of land Farmer/Title holder, and Tenant/Lease - Land to be used during project holder implementation is public land where available, otherwise, private land will be acquired and compensated for. - Cash compensation for affected land equivalent to market value if less than 20% of land holding affected land remains economically viable. - If greater than 20% of land holding lost land does not remain economically viable, land for land replacement will be conducted where feasible, or compensation in cash for the entire landholding according to PAP’s choice. - All compensation of land will be at replacement value Loss of trees Farmer/Title holder, and Tenant/Lease - Trees for trees replacement or compensation holder in cash, depending on PAP’s choice Vulnerable - Employment, e.g., in setting up tree nurseries (the trees will be used for replacement of the lost trees) Loss of Farmer/Title holder and Tenant/Lease - PAPs are mobilized and encouraged to perennial crops holder harvest their crops before start of works (works start 6 months after the agreed cutoff date) - Provision of capacity on other sources of income 41 Loss of Users of the structure (such as water - In kind compensation for the entire community points, etc.,) likely to be affected by structures to be affected assets and project works structures Loss of income Farmer/tenant; Licensees, Lessees - Employment in project works due to project - Provision of agricultural inputs works - Provision of tree and grass species - Provision and Capacity building of other income generating sources Vulnerable - Vulnerable are employed in softer works like establishment of tree nurseries, etc. Loss of Beneficiaries of the PCRs - Provide assistance with relocation, and cover physical all the costs of moving the PCRs where needed cultural resources (PCRs) 2.7.2 Methods of Asset Evaluation SEIRHCP investments will be mostly in rural areas in and around refugee camps. Assets likely to be affected will be valued and compensated for according to the following guidelines and as appropriate for each site: a. SEIRHCP will compensate for assets and investments according to the provisions of the resettlement plan (cash/land, cash for works, supply of agricultural inputs, tree seedlings, etc.). b. Eligibility for compensation will not be valid for new persons occupying/using the project sites after the cut-off date, in accordance with this policy. c. PAPs will be encouraged to harvest their crops and discouraged to plant perennial crops in the project areas. 2.7.3. Valuation of Assets and National Law According to law No. 32/2015 of 11/06/2015 related to expropriation in the public interest in Rwanda, any expropriated assets are to be ‘justly’ compensated with valuation undertaken by the Institute of Real Property Valuers in Rwanda. This RPF provides the basic principles 42 for the valuation of affected assets. The SEIRHCP in Rwanda through a certified valuer’s assessment will need to determine appropriate unit cost rates for each location. During the consultation with the PAPs, the Social Safeguard Specialist will outline the available options and their advantages to PAPs to assist them to make informed decisions. 2.7.4. Valuation methods There are several methods that can be used for the valuation of affected assets. These are described below: a) Replacement Cost Approach The replacement cost approach is based on the premise that the costs of replacing productive assets is based on damages caused by subproject operations. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on on- site management practices and thereby prevent damage. In applying this method of valuation, depreciation of structures and assets should not be taken into account. The OP 4.12 requires compensation at full replacement cost. For losses that cannot easily be valued or compensated for in monetary terms such as access to water sources, public services, customers, and suppliers; or to fishing, grazing, or forest areas, attempts will be made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, the World Bank policy on involuntary resettlement will be adopted. The approach will involve direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, moving expenses and other transaction costs. b) Gross Current Replacement Cost Gross Current Replacement Cost (GCRC) is defined as the estimated cost of erecting a new building having the same gross external area as that of the existing one, with the same site works and services and on a similar piece of land. 43 c) Other methods Rates from Contractors: When rate schedules do not exist or are out of date, recent quotations by contractors for similar types of construction in the vicinity of the project can be used for calculating replacement costs. In projects offering the options of cash compensation or alternative accommodation, the construction cost estimates for alternative accommodation could be used for calculating cash compensation payable. During the implementation of this RPF, the replacement cost approach will be used in all project sites because it fully meets the requirements of the World Bank policy on involuntary resettlements (OP 4.12). 2.7.5. Calculating compensation for assets The following methods of calculation should be adopted for the preparation of standardized asset valuation tables and/or the application of specific case by case valuations in the case of projects that have significant impacts. a) Compensation for Crops and Trees PAPs will be permitted, where possible, to harvest their produce before loss of assets. In order to ensure that this is possible and that appropriate market prices are received for yields, there needs to be sufficient consultation beforehand so that harvesting can be properly planned for. In the event that trees cannot be harvested within the project life and interfere with planned project works, compensation for loss of trees including lost income from fruit trees until maturity will be provided as follows: Provision of good quality seed or seedlings appropriate for the resettled areas, fruit tree materials inclusive and planting Compensation for income lost on fruit trees Cash for work in project works Capacity building on farming, tree maintenance, etc. i. Compensation for Community Assets 44 In all cases, these will be provided in kind and new facilities will be provided even if there are existing facilities at the new locations. ii. Compensation for Sites with cultural and religious interests The World Bank’s Safeguards policy OP/BP 4.11 does not permit the use of land that is defined to be cultural property. These might include genocide memorial sites and sacred sites comprising museums, altars, initiation centers, ritual sites, tombs and cemeteries. It also includes other such sites or places/features that are accepted by local laws (including customary), practice, tradition and culture as sacred. To avoid any possible conflicts between individuals and/or communities/homesteads, the use of sacred/religious sites or any other sites with cultural interests under SEIRHCP will not be permitted. 2.7.6. Cut-off date The cut-off date is the date of commencement of the census of Project Affected Persons (PAPs). No structure or other development established in the project-affected area after the cut-off date will be eligible for compensation. During community sensitization as well as household surveys, the cut-off date should be communicated to the PAPs where they are advised against further investments or speculative land and property development after existing assets are surveyed and valued for compensation. The cut-off date should also be communicated and emphasized to the PAPs during the valuation exercise and also to other important stakeholders who have some influence on community members, such as District officials and other local leaders and concerned NGOs. The project implementation unit will use tools such as bulletin boards, posters and local radio stations to remind the PAPs of the cut-off date. The importance of a cut-off date necessitates clear communication to project affected persons and communities and this should be enshrined in the communication plan of the RAP preparation and implementation. Failure to set and clearly communicate the cut- off date often leads to speculative development along the project route in an effort to target compensation. This can affect the project schedule and unduly increase resettlement costs. Communicating and enforcing the cut-off date will be the role of project implementing institutions. 45 2.7.7. Displacement of people The proposed project will require construction of infrastructure such as water supply systems, schools, health facilities, roads, and drainage. Although the exact locations of infrastructure subprojects have yet to be determined, in case of the need for physical relocation of people, the following conditions shall be followed: The entitlement cut-off date shall be determined and agreed upon in consultation with the local governments and all the stakeholders, particularly the affected persons; An assessment of the time likely to be needed to restore their living standards, income earning capacity and production levels shall be made; The livelihood restoration activities shall ensure that the condition of the displaced persons shall be improved or at least maintained, at the levels prior to project implementation; The displaced persons shall be provided with development assistance, in addition to compensation measures described above. This shall include, for example, assistance for land preparation, credit facilities and training for job opportunities. CHAPTER THREE: PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS 46 3.1. OVERVIEW Some of SEIRHCP subprojects will require the preparation of RAPs/ARAPs since they may require the involuntary taking of land, loss of livelihood and impact on other assets or result in economic impact. According to the World Bank Environmental and Social safeguards policies once the subprojects or individual project components are defined and the necessary information becomes available, a site-specific plan (RAP) appropriate to potential risks and impacts must be developed. Since the exact location of these areas are not yet known, the preparation and disclosure of this RPF by MINEMA and the World Bank is a conditionality for appraisal of this Project. However, during implementation of the SEIRHCP, the identification of these areas will be made and when that happens, land could be acquired and people affected. This RPF provides a framework for resettlement associated with the SEIRHCP. As soon as the list of sub-projects are identified and approved by the responsible agency implementing the project, and in case land acquisition cannot be avoided, MINEMA in collaboration with the respective Districts, will consider the use of public land as the first priority before considering land acquisition. Where involuntary resettlement is required, a consultative and participatory process for preparing a RAP will be started. In the case of component 2, it is the proponent’s responsibility to prepare an appropriate RAP/ARAP and compensate, if necessary, which will be subject to approval before SEIRHCP loan or matching grant may be granted by BRD. Each subproject will need to go through a process to identify the level of resettlement required and the development of a plan for resettlement. At this stage, World Bank OP 4.12 calls for the preparation of individual RAPs that must be consistent with this RPF. 3.2. PREPARATION OF RESETTLEMENT ACTION PLAN When a sub-project is expected to cause physical or economic resettlement, the project must prepare a RAP or an abbreviated RAP2 that will be approved by the World Bank. The RAP 2ARAPs may be agreed on where impacts on the entire displaced population are minor (i.e. if the affected people are not physically displaced and less than 10 percent of their productive assets are lost), or fewer than 200 are displaced. The remainder of this section refers to RAPs only. 47 will need to be as detailed as possible in order to guide resettlement of each of the sub- projects. 3.2.1. Process for Identifying need for RAP To establish if a RAP is indeed needed, screening will be undertaken at the subproject design stage. The screening process seeks to identify both environmental and social impacts of a particular sub-project as described in detail in the project ESMF (including screening tools). For environmental impacts, the project ESMF outlines the necessary course of action. For social impacts associated with OP 4.12, the RPF is the governing framework for the project. In all cases, priority will be given to the use of available public land for the implementation of subprojects. If screening determines that land take is required, the RAP process will start. The RAP will entail identification of PAPs, a socio-economic survey of the PAPs, census and asset inventory of the area. Throughout the RAP process, transparent consultation and public disclosure will take place with all the stakeholders including the PAPs, ensuring that the affected persons are informed about the process. During the whole process, the PAPs will be informed of their right to have access to the grievance mechanism. 3.2.2. Sub-Project Screening The first step in the process of preparing sub project RAPs is the screening process. Screening will be done to identify the land/ areas that may result in resettlement impacts. Sub-project screening will be used to identify the types and nature of potential impacts related to the activities proposed under SEIRHCP, and to provide adequate measures to address them. It will also ensure that the avoidance or minimization of resettlement is a key sub-project selection criterion. The screening process presented below will ensure that subprojects presented for SEIRHCP funding complies with the requirements of WB OP 4.12 and Rwandan Laws. Screening will take place as early in the subproject process as possible, and it will identify land that will be required for resettlement. This process will be undertaken in consultation 48 with the PAPs to ensure that it takes all considerations into account, and that all potential impacts are identified. Should the screening process show that resettlement will be required, the next step will be to conduct a socio-economic survey, census and land asset inventory to determine the extent of resettlement required. This will be followed by the preparation of a RAP for the subproject. 3.2.3. Socio-Economic Survey To identify the numbers of and socioeconomic impacts on PAPs, a socioeconomic survey will be conducted. This will include a quantitative household survey of the project affected persons and households. The objective of the quantitative household survey will be to generate a baseline description of pertinent demographic and social characteristics of the affected households. The target population for the quantitative household survey will be those affected persons within the project area. 3.2.4. Project Affected Person’s Census To determine the population of those affected, PAPs census should be undertaken for the displaced. The methodology will encompass all people adversely affected by the project, regardless of their legal status – landowner, tenant, and squatter – or whether they are actually living on an affected site at the time of the census. The lack of land title does not disqualify people from resettlement assistance. Private landowners and holders of rights to land as well as any person currently occupying public or private land for shelter, business purposes or other sources of livelihood (caretakers, squatters, scavengers) should be included in the census. The census will serve five important and interrelated functions: • Establishing a list of legitimate beneficiaries before the subproject’s onset that counters spurious claims from those moving into the project area solely in anticipation of benefits, • Providing indicators for monitoring and evaluation; • Providing initial information on the scale of resettlement to be undertaken 49 • Laying a framework for subsequent socioeconomic research needed to establish fair compensation rates, and • Designing, monitoring and evaluating sustainable income restoration or development interventions, It is the responsibility of concerned districts, with oversight from MINEMA, to prepare the RAPs where applicable during implementation. As MINEMA has limited experience in handling Bank-funded projects and district capacity is limited, an independent social safeguards consultant and a property valuer will be contracted to prepare the RAPs and do valuation respectively. 3.2.5. Preparation of Asset Inventory To prepare an inventory of assets on the land, a field team should visit the affected area to carry out an asset valuation survey. The team should include village resettlement committee representative, local administration, and representatives of the PAPs among others. During the survey, each asset should be enumerated and inscribed on an inventory and a valuation of the asset carried out using the approach described above. The values of each asset should then be recorded in a register and shown to the affected person for agreement. The register will be signed and a copy given on the spot to the affected person. The document will say when the affected person will be notified, and that the inventory will not be official until a second signed copy, verified by project supervisory staff, is returned to the affected person. At this time, a copy of the grievance procedure will also be given to the affected person as stated in the grievance redress mechanism. 3.2.6. Preparation of RAP Report Following the socio-economic census and identification of affected parties, a RAP report will be developed and should include: ➢ The baseline census and social economic survey information 50 ➢ Specific Compensation rates and standards ➢ Policy entitlements related to any additional impacts identified through the census or survey ➢ Description of resettlements sites and program for improvement or restoration of livelihoods and standards of living ➢ Implementation schedule for resettlement activities and ➢ Detailed Cost estimates 3.2.7. Review and Submission to Project Authorities After the completion of the RAP for a sub-project and approval within the project, the RAP will also be submitted to the World Bank for approval to ensure compliance with OP4.12 and any other relevant policies/ procedures. Capacity for RAP review and approval will be built at Local Authority level (specifically via the Sub-Project Resettlement and Compensation Committee as well as through District government). This will be through training and technical assistance to ensure that all stakeholders involved discharge their different responsibilities such as timely compensation of affected assets and properties before the start of any construction works is done effectively. At the central level, the Permanent Secretary (PS) of MINEMA, will be responsible for approval of compensation completion reports and grievance redress reports. This responsibility, however, can be delegated to the Project Implementation unit by the PS. 3.2.8. Implementation of RAP In implementing RAPs for the different sub-projects, a number of Government institutions will play a key role. MINEMA and participating Districts are the main institutions for components 1 and 3. The implementation of the RAPs will be the responsibility of implementing agencies and the Local Authorities in each sub-project location and will be led 51 by the Sub-project Resettlement and Compensation Committee that will be created for each sub-project. In the case of component 2, the proponent will be responsible for preparation and implementation of the RAP and BRD and MINEMA, in a supervisory and oversight capacity, respectively. This committee will be appointed by the District Council in collaboration with other implementing agencies. The District will provide political and administrative support for the implementation of RAPs while funds for any compensation payments will be provided by MINEMA in collaboration with the Districts (for components 1 and 3 only). The MINEMA SPIU will ensure that there is compliance with the RPF, national legislation and WB policies, and that information is available and consolidated in one place for overall SEIRHCP monitoring. 3.3. MECHANISM FOR CONSULTATIONS AND PUBLIC PARTICIPATION Public consultation and participation by the affected communities and individuals is an essential element of the compensation and resettlement process. Throughout the process, and particularly during screening, all stakeholders must be adequately consulted and involved. Details on the mechanism for consultation and public participation for the project, including the RPF are available in the project’s Stakeholder Engagement Plan. 3.4. GRIEVANCE REDRESS MECHANISM A grievance Redress Mechanism(GRM) has been developed for potential use by stakeholders with aim of achieving mutually agreed resolution of grievances raised by such stakeholders. The project GRM is briefly presented below to uphold the project’s social including GBV-related, compensation/valuation related grievances and environmental safeguards performance. For more details for GRM are found in the project’s Stakeholder Engagement Plan, below are certain people that are needed for a grievance redress committee to be more effective, a table 52 summarizing Grievance redress process at project level, grievance redress process graph as well as the grievance redress service at the World Bank. The GRC should be made of but not limited to: o The President of the committee, a community member residing in the concerned area and preferably, affected by the project, o The Vice President, also a community member residing in the concerned area and preferably, affected by the project, o A women representative, also a community member residing in the concerned area and preferably, affected by the project, o A representative of Village leaders in the Cell or Quarter and the Executive Secretary of the Cell or Quarter Leader (if it is at the Cell or Quarter level), o A representative of Cell or Quarter leaders and the Executive Secretary of the Sector or Camp manager (if it is at the Sector or Camp Level) o The representative of the youth and o The representative of people with disability and other vulnerable categories. o Committee member in charge of handling GBV issues. Table 5: Grievance Redress Process at Project Level Stage Process Duration 1 The Aggrieved Party (AP) will take his/her grievance to Cell Immediately after receiving the Grievance Committee which will endeavor to resolve it immediately. complaint Where the AP is not satisfied, the Cell Grievance Committee will 53 refer the AP to the Sector Grievance Committee. For complaints that were satisfactorily resolved by the Cell Committee, the committee will inform the higher level of project management and they will log the grievance and the actions that were taken. 2 On receipt of the complaint, the Project Sector Committee will As soon as possible but not endeavor to resolve it immediately. If unsuccessful, they will then exceeding one week after notify the District project management level receiving the complaint 3 The District Project Management will endeavor to address and As soon as possible but not resolve the complaint and inform the aggrieved party. They will exceeding two weeks after refer to the higher-level Project Coordination Unit at the Ministry receiving the complaint (i.e. the SPIU) unresolved grievances for action. 4 The national level Project Coordination Unit at the Ministry will try As soon as possible but not to resolve the complaint as soon as possible and, if the matter exceeding one month after remains unresolved, the complaint will be referred to the Project receiving the complaint Steering Committee. 5 The Project Steering Committee tries to resolve the complaint as Within 3 months after soon as possible. If the matter remains unresolved, or the receiving the complaint complainant is not satisfied with the outcome at the Project Steering Committee, the complainant will be free to take the matter to the existing Courts. 6 Unsatisfied complainants after the resolution from the Project Any time after the resolution of Steering Committee will be allowed to take their complaints to the the Project Steering Committee existing courts. Figure 2: Grievance Redress Process Chart 54 Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may also submit complaints to the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit http://www.worldbank.org/en/projects-operations/products-and- services/grievance-redress-service. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org. CHAPTER FOUR: LIVELIHOOD RESTORATION STRATEGY According to OP 4.12, the involuntary taking of land results in “loss of sources of income or means of livelihood, whether or not the affected persons must move to another location�. In those instances, “displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- 55 displacement levels or to levels prevailing prior to the beginning of project implementation.� Therefore, the RPF should include a Livelihood Restoration Strategy (LRS) which helps to prevent and mitigate the potential adverse impacts to the PAPs as a direct result of the resettlement process. If it is found that there are severely affected households and/or relocation households caused by the SEIRHCP subproject, an income restoration program shall be prepared during the implementation of identified subproject. In order to assist PAPs to restore livelihoods and income levels, the subproject will provide an income restoration package adapted to the needs and situation of PAPs as identified in the socioeconomic surveys. Livelihood restoration is particularly important where a project affects the livelihoods of vulnerable households (i.e., households that, because of their social or economic status, may be more adversely affected than others by a temporary or permanent loss of part of their asset base). World Bank OP 4.12 suggests that the implementing agency should avoid or minimize displacement of people by exploring alternative project designs (for example, realignment of water pipes to avoid resettlement). However, where displacement is unavoidable, the implementing agency should plan and execute resettlement as a development initiative that provides displaced persons with opportunities to participate in planning and implementing resettlement activities as well as to restore and improve their livelihoods. The World Bank recommends that implementing agency undertake the following actions on behalf of all affected people: • Inform affected people of their options and rights concerning resettlement; • Provide technically and economically feasible options for resettlement based on consultation with affected people and assessment of resettlement alternatives; • Whether physical relocation is required or not, provide affected people with prompt and effective compensation at full replacement value for loss of assets due to project activities; • Where physical relocation is necessary, provide assistance with relocation expenses (moving allowances, transportation, special assistance and health care for vulnerable groups); 56 • Where physical relocation is necessary, provide temporary housing, permanent housing sites, and resources (in cash or in kind) for the construction of permanent housing inclusive of all fees, taxes, customary tributes, and utility hook-up charges or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors are at least equivalent to the advantages of the old site. • Provide affected people with transitional financial support (such as short-term employment, salary maintenance); and • Where necessary, provide affected people with development assistance in addition to compensation for lost assets described above such as land preparation and credit facilities and for training and employment opportunities. The project must be sensitive to needs of women and other vulnerable groups in the planning and implementation of resettlement and livelihood restoration. Livelihood planning should be based on appropriate technological solutions and technical advice from Government, development NGOs, local consultants and research and academic institutions. Where feasible, livelihood programs should be aligned with relevant existing national and District programs. When implementing a RAP, livelihood enhancement initiatives should be outlined to help Project affected persons/households re-establish their livelihoods or create new ones. A participatory approach should also be used for needs assessments. The livelihood programs should be designed in consultation with PAPs, District officials, NGOs, CBOs and interested parties within the project affected areas. Some of the livelihood measures depending on the project areas and from consultations can be categorized under the following thematic areas: • Financial management advice and support to opening a bank account • Agricultural Assistance Programs; • Skills Training and Employment Programs; • Business Development Support Programs 57 CHAPTER FIVE: SOCIO-ECONOMIC DATA 5.1. POPULATION AND DEMOGRAPHY OF HOST COMMUNITIES This section describes the social and economic attributes of the project area, the population and demography of Districts and sectors hosting refugee camps. The refugee camps are hosted by six Districts. Among those districts, two districts are in the Eastern Province namely Kirehe and Gatsibo, two districts in the Southern Province, namely Nyamagabe and 58 Gisagara, one District in the Western Province, Karongi, and another one in the Northern Province, Gicumbi. The demographic information used in this RPF is the information that was made available by the National Institute of Statistics in 2012. The following table indicates the population in the Districts hosting refugee camps in 2012 which obviously have increase throughout the last six years despite the inexistence of current population census. Table 6: Population of Districts hosting Refugee Camps DISRTICT Total Male Female Kirehe 340,983 161,012 176,971 Gatsibo 433,997 208,355 225,642 Gicumbi 395,606 188,671 206,935 Karongi 331,571 155,887 175,684 Nyamagabe 342,112 161,640 180,472 Gisagara 322,803 150,312 172,491 Source: NISR, 2012 Population and Housing Census Table above shows that Gatsibo is the most populated District among the six hosting refugee camps with a total number of 433,997 inhabitants while Gisagara has the least number of people with 322,803 inhabitants. It is also clear that in all the six Districts, females outnumber males. Table 7: Population of sectors hosting refugee camps Total Male Female Mahama 23,858 11,503 12,355 Gatsibo 36,819 17,594 19,225 Kageyo 30,270 14,245 16,025 59 Rwankuba 20,804 9,818 10,986 Gasaka 41,388 20,824 20,564 Mugombwa 22,872 10,578 12,294 Source: NISR, 2012 Population and Housing Census From the table above, the number of females is higher than the number of males. The only exception is in Gasaka Sector of Nyamagabe District where the number of males is slightly higher than the number of females. 5.2. POPULATION AND DEMOGRAPHY OF REFUGEE CAMPS As of 31st January, 2019 there are a total of 145,917 refugees hosted in all 6 camps in Rwanda. Those people who fled conflicts zones in Democratic Republic of Congo (DRC) and Burundi are accommodated in six refugee camps whose characteristics can be summarized as follow: • Mahama Refugee Camp: It is located in Kirehe District, Mahama Sector and Munini Cell. It was established in April 2015. This refugee camp covers an area of 175 ha and accommodates Burundian refugees. It is the biggest camp and has the biggest refugee population of 58,968. • Nyabiheke refugee camp: It is located in Gatsibo District, Gatsibo Sector and Nyabicwamba Cell. The camp was =established in April 2005. By that time the camp was accommodating 4,500 Congolese. However, later on in 2007 another wave of conflicts in DRC led to another arrival of refugee contingent. The latter kept Nyabiheke camp receiving more refugees. The total number of refugees accommodated there is 14,479. • Gihembe refugee camp: It is located in Gicumbi District, Kageyo Sector and Gihembe Cell. This camp was established in December 1997 and it accommodates 13,181 Congolese refugees. • Kiziba refugee camp: It was established in December 1996 and it also accommodates refugees from DRC. The camp is located in Karongi District, Rwankuba Sector and 60 Nyarusanga Cell. It was established on a hilly area covering 44 ha. The camp accommodates 17,071 refugees and it is the oldest camp in the country. • Kigeme refugee camp: It is located in Nyamagabe District, Gasaka Sector and Kigeme Cell. The camp was established in 2012 to accommodate refugees from DRC. There are currently 20,626 Congolese refugees in the camp. • Mugombwa refugee camp: It is located in Gisagara District, Mugombwa Sector and Mugombwa Cell. This camp was established in February 2014 and it currently accommodates 9,397 Congolese refugees. • There are also urban refugees specifically in Kigali and Huye. There are 11,436 in Kigali and 759 in Huye. 5.3. BASIC SERVICES FOR REFUGEES AND HOST COMMUNITIES IN RWANDA In the 2017 assessment, UNHCR-Rwanda realized that refugees in Rwanda have been characterized by low attendance in schools, school drop-out and poor performance resulting from overcrowded classrooms. They also observed difficulty for students while revising lessons during evenings at their homes due to the lack of space and light. The latter also applies to the classrooms in host districts. Elementary and secondary schools in and around the camps have a range of different harmonization needs. Many refugee and host community members lack post-secondary education options, particularly technical and vocational education (TVET). The basic needs of refugees are met in camp-based health clinics that are run by UNHCR implementing partners. However, for more serious health issues, refugees are referred to the host communities’ health facilities. This makes those facilities overclouded by patients from both communities. The refugee presence often affects the water table as refugees and host communities utilize the same water sources. Refugees also generally enjoy a higher level of service delivery 61 through UNHCR implementing partners whereas there is a serious deficit of water in the refugee surrounding communities which can be a source of tension with host communities. 5.4. DISTRICT AND REFUGEE CAMPS’ LIVELIHOOD ACTIVITIES 5.4.1. Gicumbi District and Gihembe refugee camp According to MINEMA & World Bank Economic Activity and Opportunity Study (November 2018) the economy of Gicumbi District and Kageyo Sector, which host the refugee camp, comprises predominantly agriculture-based subsistence activities. Major crops consist of beans, sugar cane, Irish potatoes and maize. The five biggest sectors in terms of employment according to the District Business Development and Employment Unit (BDE) are retail, agro-processing, construction, public works, and mining and quarrying. There is relatively-high production in horticulture (fruits and vegetables). There was a plan reported by district authorities for fruits production and value-added processing on 50+ hectares of land. Beans grown in the district are exported to Uganda. The District exhibits high levels of milk production – a surplus that is wasted due to poor storage and milk collection/processing facilities. There is also a large number of cattle and high meat production. The district also sees beekeeping and honey production as a potential. Gicumbi has good soil fertility and a conducive climate for agriculture. The region is, however, prone to landslides and soil erosion. Refugees and the Host Communities have initiated common activities such as vegetable farming. There is a shared selling point in the immediate vicinity of the camp where both sides trade basic household goods, fruits, vegetables and other foodstuff. This is essentially a roadside selling point where locals and refugees gather with their products for sale. Traders are not taxed at this location. Refugees are generally employed in low-skilled jobs in the sector and in the District as night guards, house-keepers and in construction work as helpers. They have over time developed 62 ties with the host community since the camp is 21 years old and this is advantageous in seeking loans and business services: locals vouch for them for business dealings or small loans. District residents are also ‘employed’ by the refugees: locals take care of livestock (cows mainly) owned by refugees and may go into the camp to provide services such as in construction/upkeep of existing houses. Locals have in cases leased land to refugees for cultivation. The district is well-connected to the major road networks and is within the proximity of Kigali city (approximately a one-hour drive). The camp is off-road but does not have serious challenges around access to main road networks. Gicumbi is along the Gatuna road which is the trade route between Kigali and Uganda. 5.4.2. Gatsibo District and Nyabiheke Refugee Camp The economy of Gatsibo District largely comprises rural agriculture-related activities. District officials note high production in maize and there are a number of active rice cooperatives. Cassava, banana and beans are also widely grown in the District basing on the MINEMA & World Bank Economic Activity and Opportunity Study (November 2018) There are small-scale processing units in the District that handle maize, bananas, beans and rice. Cattle-rearing is another major source of casual employment. The District has built a large workshop-cum-trading facility (‘Agakiriro’) that requires equipment in order to be operationalized. This will draw District technicians and traders and refugee craftsmen and traders. Only 23 percent of the District has access to electricity. In Nyabiheke refugee camp, people are involved in a range of activities including small retail businesses, motorcycle taxis (after obtaining operating licenses through the district – based on their refugee registration ID) and in the Education sector as teachers. Refugees also offer labor in carpentry, tailoring and meat processing/butchery. Clothes’ retail and work in small shops and bars/restaurants are other sources of employment. Some have gone to Kigali to work in hotels, banks and security companies. Refugees are also involved in cattle-keeping. 63 The sector SACCO lists around 500 active refugee accounts. Refugees mostly get loans by being vouched-for through their local associates that are members in the SACCO. Women camp residents are economically active in the sale of foodstuff in the camp vicinity. They also take on casual jobs (cleaning, house-keeping), cultivate land, and do tailoring. Existing market facilities near the refugee camp are relatively- basic and in a deteriorated condition (in particular, the Mugera Market). Nyabiheke camp is located approximately in 20 kilometers from the District center. The road link between the camp and the main District road is not in a good condition. The distance and the road raise costs for refugees to commute and to work in the city. There is also a challenge in accessing markets in the sector and in neighboring sectors. 5.4.3. Nyamagabe District and Kigeme refugee camp Livelihoods in Nyamagabe are largely linked to agricultural production and to livestock. The main economic activity involves small retail business and agricultural production linked to coffee, tea, wheat, Irish potatoes, beans and maize. The region also has banana plantations according to MINEMA & World Bank Economic Activity and Opportunity Study (November 2018) The same study informs that the coffee in the region is seen as a major potential. Kigeme refugee camp is adjacent to coffee-producing areas in the District and there are two coffee- washing stations in the sector itself that hires between 50 to 100 workers during the peak season. Coffee is seen as a lucrative trade with higher returns than other crops. The Rwanda Agriculture Board (RAB) according the above mentioned study provides free fertilizers to farmers growing coffee while sector agronomists are tasked with supporting coffee cooperatives. The coffee harvesting season is from April to July. A complete supply-chain linking to a coffee station can potentially hire up to 3000 workers during the 4-month active period. 64 Bee-keeping and honey production has potential but is at a very small-scale at present without strong commercial linkages outside the district. There are a few active cooperatives such as COPAGA that are involved in bee-keeping. COPAGA also acts as a Savings group – a trend noticed among other worker associations and cooperatives. The bee-keeping harvest season for honey is between June and October. Kigeme refugee camp is economically active. It has over 200 Savings Groups with about 25- 30 members each. Refugees work in several ‘non-technical’ jobs outside the camp including in security, as casual laborers, in cattle-keeping, as farm hands, and in construction. They usually travel to Gishwati and Gisenyi and to the Eastern province for cattle-keeping and to Kigali for construction-related work. Some camp residents are hired as teachers. There are also some refugees that engage in cattle-keeping in collaboration with the local population (given that cattle-rearing within the camp is generally not permitted). There is also mobility of refugees from the camp to other parts of the country (MINEMA 2018) recorded that approximately 15 camp residents asked for permission to leave the camp for extended periods of time (and/or to leave the District) each week. They also noticed numerous others who travel outside the camp without permission for short and long durations. There is a tax-exempt market place in the immediate vicinity of the camp’s main entrance that houses saloons, small retailers and electronic repair shops. However, apart from different economic activities contributing to the wellbeing of refugees, women are highly vulnerable to sexual exploitation both within and outside the camp premises. 69 cases of SGBV were registered with MINEMA’s protection partners between January and September 2018. Child neglect is pervasive and directly related to the parents’ attempts to seek livelihood opportunities outside Kigeme. Landslides are an urgent challenge in Kigeme. Refugee households are being relocated from sections of the camp due to drastic land erosion. This has additionally affected farmland and other property adjacent (and downhill) from the refugee camp. This erosion is attributed to 65 the population pressure in the camp, deforestation and poor water management that results in ravine formation. Nyamagabe District is situated along major trade routes in the south of the country. The camp itself is adjacent to a major paved road that links to commercial hubs in the region (Rusizi, Huye, Ruhango, Kigali further north). 5.4.4. Gisagara District and Mugombwa refugee camp As described in the MINEMA & World Bank Economic Activity and Opportunity Study (November, 2018), livelihood activities in Gisagara District is primarily based on agriculture. Small trading and retail businesses are also active. Land terracing and public works such as marshland preparation has also engaged locals. Small processing units in operation mainly focus on maize and cassava flour processing. These crops along with beans have high production under active farmer cooperatives. The District has large areas of marshland and there is potential for rice-farming. There is a rice processing and packaging plant in the District. There is also potential for avocados that are already being produced in the District. The District has nine coffee stations. The District has one of the largest banana productions in the country and possesses seven banana processing plants. There is also a banana processing factory (for banana-based beverage). Apart from processed beverage, banana plant leaves are used to make household items such as bins and boxes. The livestock sector is also active. Cows, poultry and pigs are commonly reared by households. There is a marshlands’ rehabilitation program initiated by UNHCR and WFP that offers potential for agriculture-related activities and the labor force is a combination of District residents and refugees. Mugombwa refugee community seeks work in driving, mechanics, construction, tailoring, and culinary skills. There are a few ‘mixed’ cooperatives in agriculture and in livestock in the 66 District comprising both the host community and refugee camp members. There are cooperatives present within the camp for weaving (handbags) and butchery. Saving groups were created in the camp. Refugees also trade in food supplies. They buy rice, beans, cassava flour and cooking oil from the camp vicinity both to consume and to resell within the camp. MINEMA partners recorded cases of male heads of households that keep possession of the M-Visa cards (where cash-based transfers are deposited) and do not share the cash-based transfers equitably among family members. They also recorded an increase in cases of child neglect – partly due to the movement of parents outside the camp to seek employment. Road connectivity with other districts and commercial hubs is not an issue but connectivity within the district is a challenge. The road from Huye to Mugombwa is unpaved and considered difficult for commuting and trade by both refugees and host communities according to the district officials 5.4.5. Kirehe District and Mahama refugee camp Kirehe District also has an agriculture-based economy with small businesses active in mostly retail and services. There are small-scale processing plants for the major crops: maize, banana, rice and soybeans. A number of sectors in the District border Tanzania and there is small-scale trade at the border; commodities exported from Rwanda include beans, Irish potatoes, bananas and avocados. According to the MINEMA & World Bank Economic Activity and Opportunity Study (November, 2018) there is a cooperative that exports processed dried pineapples to the United States of America. Cattle rearing, pigs and poultry make up the livestock sector; fish- farming is seen as another economic activity that can potentially develop further (the region has water bodies that can be used for irrigation and fish farming). There is some coffee farming within the District as well. 67 Mahama refugee camp is potentially a big market and is a source of large human capital. Over 50 percent of refugees in the Mahama camp are under the age of 18. This is significant factor for educational needs, for training, and the type of livelihoods that need to be created. Many camp residents travel outside to visit their relatives and to take on work in agriculture, construction, and cattle-keeping. The main activities involve the buying and selling of food commodities within the camp and small retail outlets. Refugees generally work on small construction, upkeep and maintenance work in the sector itself. Refugees engage in land preparation and planting. They also find work as teachers in the sector and in the district. There is lack of firewood in the place and this is a major source of tension between the host communities and refugees. There is also lack of power in the camp and several generators are in use in the market place. There is a large water treatment facility funded by MINEMA partner-agencies which supplies the entire camp with water whereas the hosting communities have irregular water supply. The Kabeza market in the immediate vicinity of Mahama camp serves as a major exchange point between the host communities and refugee retailers. Trade include foodstuff, footwear, cosmetics, clothing and other household items. The market infrastructure is basic and very exposed to the climatic conditions. There are a number of worker associations in the camp such as in basket-weaving, livestock, butchery and soap-making. Soap-making is a mixed association with host community members that has gradually expanded its sales to the markets outside the camp. The camp has a big number of vulnerable people. It has a large number of single parent households (about 40 percent), and an estimated 300 unaccompanied children in the camp. The road from the camp to Kirehe District office is in a state of disrepair and vulnerable to extreme weather conditions. It considerably increases the costs of transportation and commuting for residents – and for host community traders – and adds to the camp’s isolation at present. The road condition is a particular challenge for camp residents seeking specialized medical care in the district. The camp’s remoteness from the District office (a travel time of approximately 45 minutes in an automobile) also limits women’s movement 68 outside the camp. They cannot travel long distances from the camp due to personal risks and their role as caretakers. A common choice for them is to seek day labor for cultivation in fields around Mahama. Road rehabilitation is a priority. 5.4.6. Karongi District and Kiziba refugee camp Agriculture and livestock are the dominant sectors in Karongi District followed by trade and tourism. The main agri-business commodities with strong potential are tea, coffee, maize, Irish potatoes, and horticultural produce according to the MINEMA & World Bank Economic Activity and Opportunity Study (November, 2018) The District has tourism-related growth (construction, upkeep, maintenance, staffing) – albeit in higher-end resorts concentrated along Lake Kivu. Livestock rearing is present in the District and households own pigs, cows and poultry. Fish farming is also present in the District. Trade with Congo has a high potential for horticultural products, and meat. The District constructed a market besides Lake Kivu to facilitate water-based trans-border trade in livestock (pigs). There are very few trading points developed in the vicinity of the camp. The sector itself has a few small markets that are active during specific days of the week. There is a number of retailers in the camp but goods and services are more expensive in the camp. The host communities lease land to refugee groups for agriculture. Women are mainly active in tailoring work, hairdressing, clothes retail, kitchen gardening and in running small canteens in the camp and the sector. Men are more involved in construction work, carpentry and cattle keeping. The camp is located in a hilly and rural area. The road connecting the camp to the nearest commercial hub and the rest of the District is in critical condition with landslide risks and constant upkeep required. There is no public transport on the road. Transportation costs for goods traded in the camp are expensive while supplies are conditional on weather and road conditions according to the same study. 69 CHAPTER SIX: INSTITUTIONAL CAPACITY ASSESSMENTS FOR RPF IMPLEMENTATION 6.1. ROLES AND RESPONSIBILITIES OF KEY PLAYERS The main agencies involved in carrying out resettlement and/or compensation in this project are the Ministry in Charge of Emergency Management, the participating Districts. and other organizations and institutions in connection with refugees and their host communities. 70 Other institutions, such as the District Land Office and Valuation Office, will participate in the RAP implementation as cross-cutting units between the key institutions. 6.2. CAPACITY NEEDS ASSESSMENT FOR IMPLEMENTATION OF RPF AND RAPs 6.2.1. Introduction The effective implementation of this RPF will require technical capacity in the human resource base of implementing institutions as well as logistical facilitation. Implementers need to understand inherent social and environmental issues and values to be able to clearly identify their indicators. While MINEMA will ensure the overall coordination, the first component of the project (Access to Basic Services) will be implemented by the Districts. The following table shows the SEIRHCP implementation arrangement: Table 8: SEIRHCP implementation arrangement Implementing Responsibility institution Ministry in MINEMA will manage the overall project budget. For component one, it will provide the Charge of Districts with resource envelopes from which to draft budgets and plans. It will Emergency consolidate District budgets with the other components and submit them to the project Management steering committee for final approval. (MINEMA) MINEMA will also lead implementation of Component 3 and 4. MINEMA will be in charge of all stages of safeguards, screening, preparing instruments, implementation, monitoring and evaluation. This will include the integration of safeguards concerns into business plans prepared for component two. Districts Districts will implement Component 1: Basic Services and Socio-Economic Investments. They will be responsible for the implementation of ESMPs, RAPs, and others as may be applicable (including integrating safeguards requirements in contracts for construction, etc.). 71 Development BRD will implement component 2 of the project. They will be responsible for Bank of Rwanda administering matching grants, loans and capacity-building under the component. They (BRD) will also finalize technical, environmental and social safeguards screening of business plans proposed for funding from SEIRHCP matching grants. The screening results will be shared with MINEMA. Upon determination that a RAP is needed for a particular business plan, BRD will ensure that an appropriate RAP is prepared by the proponent and approved by the World Bank prior to approving or disbursing project financing. BRD will also have a monitoring and supervisory role to ensure that RAP implementation is compliant and thorough. 6.2.2. Capacity Assessment and Capacity building The main proposed project implementing agency, the Ministry in charge of Emergency Management (MINEMA) has not previously implemented a World Bank-funded project. MINEMA SPIU has social and environmental safeguards staff who will need to be trained and mentored in order for them to be able to oversee the preparation and implementation of safeguards policy instruments. It is worth mentioning that contractors, environmental and social staff, supervising engineer, camp managers and other parties that will play a role in implementing safeguards will also need training. The technical support will continue to be provided to build safeguards capacity for better project implementation at the SPIU as well as the decentralized level. Specific activities would include: • Supporting the overall project implementation and monitoring of the Environmental and Social Management Framework (ESMF); • Supporting MINEMA to prepare, implement and monitor sub-project specific Environmental and Social Management Plans (ESMPs) and Resettlement Action Plans (RAPs) where applicable, once specific subprojects are identified. During consultations, it was also observed that Districts that will also play an important role in implementing the project have social development and environment specialists. However, 72 stakeholders at the Districts said that these staff will also need appropriate training and mentoring to ensure that they have sufficient knowledge of the World Bank procedures during preparation and into the implementation phase. District stakeholders expressed the need for training of District personnel on the implementation of the project ESMF and the recommendations and mitigation actions contained in the subproject-specific ESMPs and RAPs. Some district stakeholders confirmed that they had hosted some World Bank-funded projects such as Feeder Roads, RSSP, LWH, VUP. However, these stakeholders expressed that actual implementation, monitoring and follow-up were done by Ministry SPIU staff and District staff were only involved for specific activities and information. They were not actively involved in developing and implementing safeguards documents. Each District has a land officer, social protection director, education director and environmental officer among other staff who are responsible for the social and environment safeguards aspects of the development projects in the District. The staff at the Sector level that will also be involved in the implementation of SEIRHCP include agronomist, social protection officer, education officer and land manager, whereas the Cell Executive Secretary and the Social and Economic Development officer might also be involved at the Cell level. Social and environment safeguards management aspects are daily cared for by the Cells and Sectors staff. However, all these staff at District, Sector and Cell level in the project site do not have sufficient training and technical capacity on safeguards and this will need to be enhanced. BRD has experience implementing safeguards requirements in one World Bank-financed project, for which they have social and environmental safeguards staff. MINEMA SPIU will emphasize on capacity building through trainings and workshops of all the institutions and parties that will be involved in the project implementation and social safeguards implementation and monitoring: • Dedicated safeguards staff at SPIU and BRD 73 • Relevant District staff (land officers, social protection officers, environmental officers, agronomists, Directors of education), • Contractors, • Supervising engineer, • Camp managers, • Concerned Sector staff (Executive Secretaries, Agronomist, Education officer) • Concerned Cell staff (Executive Secretary, Cell Development Officer) • Grievance Redress Committees (GRC), • Relevant NGOs with interest in safeguards implementation and monitoring aspects (i.e., monitoring compensation, valuation, Grievance Redress Mechanisms, gender equity and GBV, child labor prevention, follow up of displaced PAPs, reporting, etc.). Such trainings and workshops will be provided by the project management before the start of project works to ensure proper safeguards management under SEIRHCP. CHAPTER SEVEN: STAKEHOLDER CONSULTATIONS AND DISCLOSURE Project stakeholder consultation is a vital component of the RPF process. The consultation process focuses on providing information on the proposed project in a manner that can be understood and interpreted by the relevant audience, seeking comment on key issues and concerns, sourcing accurate information, identifying potential impacts and offering the opportunity for alternatives or objections to be raised by the potentially affected parties; nongovernmental organizations, members of the public and other stakeholders. 74 Consultation has also been found to develop a sense of stakeholder ownership of the project and the realization that their concerns are taken seriously, and that the issues they raise, if relevant, will be addressed in the RPF process and will be considered during project design refinement. 7.1. INITIAL CONSULTATIONS UNDER SEIRHCP 7.1.1. Consultations with Stakeholders Consultation with the project stakeholders began during the scoping phase, continued throughout the entire RPF process and will continue into the operational phase of SEIRHCP. Consultations with the represented District administration and PAPs representatives were organized in the concerned Districts. The meetings were predominantly conducted in Kinyarwanda Consultation meetings engaged representatives of affected people in the community and refugee camps, Stakeholders and District authorities (Mayor, Vice-Mayors, District Executive Secretary, Director of Education, Director of Social Protection, Director of Health, Environmental officer, Agronomists, etc.). The PAPs representatives were selected in refugee camps and villages neighboring the refugee camps. Consultations were mainly carried out in 36 meetings or Focus Group Discussions and each meeting or Group Discussion comprised a minimum of 10 people. Meetings and consultations in concerned six Districts were held from September 7, 2018 to December 18, 2018. The consultations and meetings discussed the scope of the project, possible subprojects, the impacts that are expected to arise, the mitigation measures in place, etc. All the consulted categories were in favor of the project and perceive it as a possibility of increasing the well-being of refugees and host communities, increasing economic activities in the area through creation of jobs, and in improved education, health, environmental conservation and sanitation, as well as access roads. 7.1.2. Consultation with affected people 75 The affected people have a right to be informed, consulted and involved in the activities that will affect their livelihoods. The exact number of directly affected people in SEIRHCP is yet to be determined. This is because the specific locations and sites have not been identified yet. Nevertheless, indirectly affected people in the concerned Districts and refugee camps were represented by refugee representatives, community representatives and local leaders and several consultation meetings and discussions were conducted. During consultation with the affected people, the scope and objective of the upcoming project were explained at the time the project negative impact which were ranked very minor have been discussed on. In addition to that, project details and proposed subprojects were discussed on. Affected people were allowed to give their feedback and their suggestions were documented and will be taken into account during the project design and implementation. The benefits of the consultation meetings include among others: • Early involvement of the affected people • Improved community understanding of the project scope and objectives • Promised safeguards compliance through increased ownership • Enhancement of decision making by the project decision makers Below, are some photos from several consultation meetings that were held during the development of this RPF: Figure 3: Consultations in Kirehe, November 27, 2018 76 Source: Primary data, Focus Group Discussion, Munini Cell, Mahama Sector, Kirehe District, November 27, 2018 Figure 4: Consultations in Gatsibo, November 28, 2018 Source: Primary Data, Focus Group Discussion, Nyabicwamba Cell, Gatsibo Sector, Gatsibo District, November 28, 2018 Figure 5: Consultations in Karongi, December 3, 2018 77 Source: Primary Data, Focus Group Discussion, Nyabicwamba Cell, Gatsibo Sector, Gatsibo District, November 28, 2018 Figure 6: Consultations in Karongi, December 3, 2018 Source: Primary Data, Focus Group Discussion, Kiziba Refugee Camp – UNHCR Partners, Rwankuba Sector, Karongi District, December 3, 2018 Figure 7: Consultations in Karongi, December 4, 2018 78 Source: Primary Data, Focus Group Discussion, Nyarusanga Cell, Rwankuba Sector, Karongi District, December 4, 2018 Figure 8: Consultations in Nyamagabe, December 5, 2018 Source: Primary Data, Interviews & Focus Group Discussion, Nyamagabe District, December 5, 2018 Figure 9: Consultations in Gisagara, December 6, 2018 79 Source: Primary Data, Interviews & Focus Group Discussion, Gisagara District, December 6, 2018 7.1.3. Key issues raised and responses The following table summarizes the key issues raised and responses provided during the consultations. Table 9: Key outcomes of the consultation meetings KEY ISSUE RAISED RESPONSE Whether the project will take UNHCR partners were assured that SEIRHCP will not over some activities of UNHCR take over their activities. It was explained that the partners project will provide support and complement their humanitarian interventions with development responses to foster socioeconomic inclusion of refugees and host communities Availability of funds for It was clarified that where land take will be necessary, compensation the Government and Districts will provide fair 80 compensation in accordance with national laws and WB policies Role of the District in the It was clarified that this is a Government project and that implementation of the project Districts will also be a key implementing agency. It was and explained that Districts will also participate in selecting resettlement/compensation the subprojects and that they will actively participate in resettlement/compensation where needed Support has always been for Communities that thought that it was taking their time refugees whereas support is always meant for refugees were assured that SEIRHCP is a different project which will consider both refugees and host communities Employment opportunities for Communities were assured that for activities they are PAPs during civil works capable of doing, they will be given a chance in civil works Engaging the vulnerable Vulnerable people were also explained that they will be taken into consideration in SEIRHCP There have been some Stakeholders were explained that SEIRHCP is a consultations that have been government project in line with government endeavors taking people’s time with to better their well-being and economic situation. They nothing transpiring were assured that they will keep getting related information Some assets damaged by They were explained that the cases were raised with the refugees not compensated Districts, Camp management and MINEMA and that they will be informed of the resolutions Some land taken by the refugee They were explained that the cases were raised with the Camp but not compensated Camp management and MINEMA and that they will be informed of the resolutions People who cannot access their They were explained that the cases were raised with the homes without going through Districts, Camp management and MINEMA and that they the refugee camp will be informed of the resolutions 81 A means of changing refugee Refugees were explained that SEIRHCP does not intend, status and make them lose in any case, to change their refugee status and make resettlement chances them Rwandans. They were assured that it is simply aimed at bettering their well-being, livelihoods and economic situations alongside their host communities. They were assured that resettlement programs as well as their other benefits as refugees will not be affected Why refugees and host Refugees and host communities were explained that communities were consulted their ideas and opinions will be considered and put together with ideas of other stakeholders to inform important decisions under SEIRHCP How issues that may arise Refugees and host communities were assured that a during SEIRHCP grievance redress mechanism will be put in place and implementation will be that there will be grievance redress committees in which handled they will be visibly represented and near them, which will be helping them to handle any grievance 7.2. PUBLIC CONSULTATIONS AS A CONTINUOUS PROCESS IN A PROJECT 7.2.1. Importance of public consultations Stakeholder consultation and participation are essential because they provide an opportunity for informing the stakeholders about the proposed project. Public consultation and participation create a sense of ownership for the project, providing an opportunity for people to present their views and values and allowing consideration and discussion of sensitive social mitigation measures and trade-offs. Public consultation and participation will afford the PAPs an opportunity to contribute to both the design and implementation of the program activities. In so doing, the likelihood for conflicts between and among the affected persons and with the management committees will be reduced. 82 In recognition of this, particular attention shall be paid to public consultation with PAPs, households and homesteads (including host communities) when resettlement and compensation concerns are involved. Public consultations in relation to the RAP occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach will be adopted as an on-going strategy throughout the entire project cycle. PAPs are consulted in the survey process; public notices where explanations of the sub- projects are made; RAP implementation activities; and during the monitoring and evaluation process. Selection of ways to consult, and expand participation by PAPs and other stakeholders, will take into consideration literacy levels prevalent in affected communities, cultural aspects, and practical conditions (like distance). The role of traditional, political and cultural leaders, including the community elders, in the participation strategy will be important. The RAP team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures. 7.2.2. Objectives of public consultations The objective of consultations will be to secure the participation of all people affected by the project in project planning and implementation, particularly in the following areas: • alternative project design; • assessment of project impacts; • resettlement strategy; • compensation rates and eligibility for entitlements; • choice of resettlement site and timing of relocation; • Community development opportunities and initiatives; • development of procedures for redressing grievances and resolving disputes; and • mechanisms for monitoring and evaluation; and for implementing corrective actions 7.2.3. Consultation phases A. Data collection phase 83 Consultations during preparation, in particular, the collection of background information, and the social survey or social assessment, are critical for successful data collection. The levels of consultation will vary from households to community groups, based on the particular context of the sub-project(s). The RAP team will design the questionnaires but it will be the households, organizations, and institutions that will validate their effectiveness through feedback. Focus group discussions with women, vulnerable groups, communities, primary and/or secondary schools, health centers, etc., are usually good sources for establishing the community baseline situation. B. Implementation phase During implementation, PAPs will be informed about their rights and options. The grievance mechanism will continue to operate and all grievances will be recorded. The participation of local leaders and PAPs in disseminating information and resolving disputes will be important once RAP implementation starts. A dynamic participatory approach will involve PAPs in decision making about livelihood and community development programs. C. Community involvement and sensitization The affected persons should be engaged in active consultations at the beginning of the project and they should have access to the Resettlement Action Plan and be encouraged to provide input. Consultations should happen in local language where possible; women and other vulnerable groups should be consulted separately if that is more appropriate. The consultation process should ensure sizeable participation of women, youth, migrants, and groups at risk of exclusion, and also ensure prior distribution of project information in a form that is accessible to community members, etc. Communities within the project areas will be sensitized on the project and likely project impacts and the extent of their involvement to ensure project success. Measures taken to address negative project impacts will be well communicated to the community. The Rwandan law requirements on consultation and information, as well as 84 those related with grievance management fall short of meeting WB requirements. The application of these will require: • Meaningful information and consultation to take place before the process leading to displacement is launched in each particular location concerned by a subproject, • A specific grievance registration and processing mechanism to be put in place D. Monitoring and evaluation phase PAPs representatives will participate in the sub-project workshops at mid-term and at the end of RAP implementation. To the extent possible, the RAP should include social accountability tools like citizen report cards to assess the quality of RAP implementation, and in some cases, assist the RAP team in tracking expenditures. The latter would be significant in helping PAPs with money management and restoring their livelihoods. PAPs will be able to suggest corrective measures, as needed, to improve RAP implementation in the sub-project(s). Prior to closing the RAP, PAPs will participate in a feedback survey as part of the RAP’s independent impact evaluation exercise. E. Notification procedure Affected persons will be notified through both formal (in writing) and informal (verbal) manner, for example at community meetings. Public notices in the daily newspapers, radio or Television services will be used to notify the public of the intention to acquire land earmarked for subprojects. A copy of such notice shall be served to each owner, occupier and person or agent having an interest in the land thereof. The names and addresses of the owners, occupiers and agents shall be readily ascertainable. The notice shall state: • The Project’s proposal to acquire the land; • The public purpose for which the land is wanted; • That the proposal or plan may be inspected by the Project Coordination Unit • That any person affected may, by either verbal or written notice, object to the transaction giving reasons for doing so, to the entities cited above within a period to be specified at the time of publication of the notice; 85 • List the cut-off date detailing that in-migration after this date will not receive compensation. F. Documentation The names and addresses of affected persons will be compiled and kept in a database including claims and assets. The project will maintain records of these persons. The records are also important especially for future monitoring activities. Documentation will include documents relevant to land transactions (voluntary and involuntary). G. Contract agreement A contract listing of all property and land/ farms being surrendered and the types of compensation (both cash and kind) will be prepared. The contracts will be presented at community meetings prior to signing. The handing over of property and compensation payments will be made in the presence of the affected persons and the Compensation Committee, and in public. H. Linking resettlement implementation to civil works PAPs will need to be compensated, in accordance with this Resettlement Policy Framework and subsequent Resettlement and Compensation Plan, before works on the sub project can begin. For activities involving land acquisition or loss, denial or restriction to access of resources, it is required that provisions be made, for compensation and for other assistance required for relocation, prior to displacement. The assistance includes provision and preparation of resettlement sites with adequate facilities. In particular, land and related assets may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. For project activities requiring relocation or resulting in loss of shelter, the resettlement policy further requires that measures to assist the project affected persons are implemented 86 in accordance with the individual RAPs. In the implementation schedule of each RAP, details on resettlement and compensation must be provided. The schedule for the implementation of activities, as agreed between the Project Planning team and PAPs must include: • Target dates for start and completion of civil works, • Timetables for transfers of completed civil works to PAPs, dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation) and; • The link between RAP activities to the implementation of the overall sub projects. When approving recommendations for resettlement during screening, PAPs must confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works, in compliance with this policy. Proper timing and coordination of the civil works shall ensure that no affected persons will be displaced physically or economically due to civil works activity, before compensation is paid and before any project activity can start. I. Disclosure arrangements for the RPF and subsequent RAPs The borrower shall disclose the RPF on their website, print media, public libraries and all Districts where project activities will be implemented. All RAPs guided by the RPF should also be similarly disclosed at the Districts main notice board and at the Sectors and Cell offices where the subprojects are implemented for easy access by the PAPs. An executive summary of the key sections of the RAPs, such the entitlement matrix will be translated into the local language that the community can understand. RPF and any subsequent RAPs prepared for the project specific activities will be cleared and be disclosed on World Bank’s external website before its implementation. CHAPTER EIGHT: RPF BUDGET AND FUNDING 87 Although there is some information about SEIRHCP, specific sites related to infrastructure development and sub-projects have not been determined and the exact location and number of PAPs is not yet determined. Because costs of compensation are based on technical designs, results of scoping, detailed valuation surveys and detailed RAP studies, it is not possible at this stage to produce exact budget for RPF and RAP implementation. The cost for implementing the RPF and RAPs for all sub-projects is estimated to be six hundred thousand United States dollars (USD 600,000). This figure has been estimated by holistically looking at the sites and possible relocation that might be needed as well as comparing costs of other RPFs for projects with similar scope. Due to the fact that the feasibility of the sub projects has not been undertaken, the exact unit prices, the number of people to be affected, and the scope of land acquisition are estimates, the exact figures will not be known until the RAPs are prepared. The budget for compensation shall be provided by Government of Rwanda via MINEMA through this project to the districts involved in the implementation of subprojects. The exception to this budgetary arrangement is component two, wherein the proponent will be responsible for the costs of compensation for their respective business plan. Once the budget is finalized, it will be subject to approval by the World Bank. The exception to this budgetary arrangement is component two, wherein the proponents will be responsible for the costs of compensation for their respective business plan. The table below only provides indicative guidelines for developing RAP budget. Table 10: Indicative Guidelines for the preparation of RAP budget Asset acquisition Amount Total estimated Agency responsible or number Cost Land Structure Crops and economic trees Community infrastructure Land Acquisition and Preparation Land Structures Crops areas and others Community infrastructure Relocations Transfer of possessions 88 Installation costs Economic Rehabilitation Training Capital Investments Technical Assistance Monitoring Contingency # Item Costs Assumptions 1 Compensation for loss of Land /hectare For land acquisition purposes, based on Rwandan average market cost, or from similar projects 2 Compensation for loss of Crops /hectare of farm Includes costs of labor invested and lost average of highest price of staple food crops and Rwandan market prices 3 Compensation for loss of access to pastoralists If applicable Those affected would be provided with shared access, or alternate routes (decision agreed through consultation and participation of all). 4 Compensation for loss of access to fishing If applicable Data provided from the revised socio- resources. economic study will determine market values of catch, fish products etc. 5 Compensation for Buildings and Structures If applicable This compensation may be in-kind or cash at full replacement cost. Costs for basic housing needs should include ventilated pit latrines, outside kitchen, 6 Compensation for Trees /year/tree and storage. Includes costs of labor invested and average of highest price of trees (and tree products) and Rwandan market prices. 7 Cost of Relocation Assistance/Expenses /household This cost reflects the moving and transportation allowance. 8 Cost of Restoration of Individual Income Assumed to be higher than the GDP/capita in Rwanda. 89 9 Cost of Restoration of Household Income These costs reflect the livelihood restoration program of the RAP 10 Cost of Training Farmers, pastoralists and This is a mitigation measure involving other PAPs capacity building and involves PAPs and affected communities. 90 CHAPTER NINE: MONITORING AND EVALUATION PLAN In order to assess whether the goals of the resettlement and compensation plan are met, a Monitoring and Evaluation Plan (MEP) will be required. This monitoring plan will indicate parameters to be monitored, put in place monitoring milestones and provide resources including responsible persons or institutions, necessary to carry out the monitoring activities. The main indicators that the MEP will measure include: a) Impacts on affected individuals, households, and communities to be maintained at their pre-project or better standards of living b) Improvement of communities affected by the project; and c) Management of disputes or conflicts In order to measure these impacts, the RAP identifies the specific indicators to be monitored; define how they will be measured on a regular basis, and identify key monitoring milestones. The Monitoring and Evaluation (M&E) mechanism provides a basis to assess overall success and effectiveness of various resettlement processes and measures. This mechanism is based on two components: internal monitoring – undertaken by MINEMA SPIU and BRD. 9.1. INTERNAL MONITORING PROCESS The overall objectives and tasks of the internal monitoring process are: a. Tracking progress of RAP implementation including the number of PAPs compensated, relocated and assistance to vulnerable people; b. Creation of a mechanism to analyze M&E data against a pre-resettlement baseline; and c. Regularly responding to M&E findings by adapting existing measures or by modifying implementation processes. d. The monitoring process will be used to analyze progress and change at regular intervals and shall be linked to the various stages of the RAP, as follows: 91 9.2. DURING RESETTLEMENT While resettlement is not anticipated in the project and will be avoided by opting for public land. In the unlikely circumstance that resettlement is required, M&E should focus on issues such as: a. Number of families that have been affected; b. Number of people given possession and legal papers to new property (land or house) where necessary, c. Impacts on livelihood and income d. Registration of unemployed people and the vulnerable 9.3. AFTER RESETTLEMENT After resettlement, monitoring should focus on rehabilitation issues and status on each of the measures will be assessed, for example: Target date for completion (e.g. within two months of resettlement); • Progress to date • Progress in the last month • Target for the month • Reasons for delay, if any; and • Action to be taken, including specific responsibilities of other members of implementation team. • Socio-economic assessment to ensure minimal impacts – that the PAPs are not worse off than before the RAP process. 9.4. RESPONSIBILITIES OF THE AUTHORITIES The role of the implementing authorities is critical in the operationalization of the Resettlement Policy Framework. The following are important points to observe: ➢ Ensure that there is trust between the PAPs and the authorities throughout the process by being transparent in every action and sharing information. ➢ Being realistic with time frames and sequencing of related activities: • When registration will be completed, 92 • When assessment will be completed, • When computation of entitlements will be carried out, • When payments will be made by whom and where, • When the acquired land will be vacated and when the contractor will move on site. ➢ Adhering to the agreed and publicized timetable of delivery of compensation is critical. This calls for a deliberate effort to ensure: • Funds for compensation are ready set aside and accessible when payment commences; • The location for resettlements is demarcated and available without encumbrances for those who opt to be relocated. 9.5. INDICATORS TO DETERMINE THE STATUS OF AFFECTED PEOPLE These indicators are most important with respect to the RPF policy on resettlement and compensation. They will be informed by the baseline information on the PAPs (for example, provided in RPF and RAPs that will have been developed) and will provide MINEMA/SPIU and the World Bank data and trends for refocusing the project and for improving delivery as a whole. The following will be considered: • Affected individuals, households, and communities are able to maintain their pre- project standard of living, and even improve on it; and • The local communities remain supportive of the project. • Specific indicators may include but may not be limited to the following, which would indicate a change in: • Quality of, and access to services, number of people employed; • Number OF PEOPLE ENGAGED IN INCOME-GENERATING ACTIVITIES; • Number of vulnerable people; • Sources OF INCOME; • Expenditure pattern. 93 9.6. INDICATORS TO MEASURE RAP PERFORMANCE In terms of the resettlement process, the following indicators might be used to understand the success of the measures identified and the working of the relevant parties in implementing the RAP: • Percentage of individuals selecting cash or a combination of cash and in-kind compensation; • The number of contentious cases as a percentage of the total cases; • The number of grievances and time and quality of resolution; • The ability of individuals and families to re-establish their pre-displacement activities; • Number of impacted locals employed by the civil works contractors; General relations between the project and the beneficiary communities. These will be determined through the following activities: i. Questionnaire data will be entered into a database for comparative analysis coordinated by MINEMA SPIU; ii. Each individual will have a compensation dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received; iii. MINEMA SPIU will maintain a complete database on every individual impacted by the subproject land use requirements including relocation/resettlement and compensation, land impacts or damages; iv. The project implementation agencies will prepare Resettlement Completion Reports for each RAP, in addition to other regular monitoring reports. 9.7. ANNUAL AUDIT The annual audit of RPF implementation, and as applicable RAP implementation in sub- project(s), includes: i. A summary of RAP performance of each sub-project; 94 ii. A compliance review of RAP implementation process; and iii. A progress report on the quality of RAP implementation in terms of application of guidelines provided in this RPF. The audit will verify results of monitoring of RAP implementation indicators and assess whether the project achieved the resettlement objectives. A specific measure of whether livelihood and living standards have been restored or enhanced will be completed. The audit will also assess the efficiency, effectiveness, impact, and sustainability of RAP sub-project activities. The aim is to learn lessons for application to future sub-projects or other projects in the sector and in the country. Finally, the audit will ascertain whether the resettlement entitlements were appropriate, as defined in the RPF guidelines. 9.8. SOCIOECONOMIC MONITORING This will entail monitoring project impacts on basic services, livelihoods, trading and business activities in the project sites, etc., utilizing indicators such as complaints or reported weekly losses occasioned by project activities. 9.9. REPORTING AND DOCUMENTATION Reporting should entail documentation of mid-term and end term RAP evaluation of the implementation process including enforcement of cut-off dates and these reports should be shared with the World Bank. Where RAPs are undertaken for given project components, completion reports should be undertaken and shared with the World Bank. 95 REFERENCES Convention and protocol relating to the status of refugees. Available at https://bit.ly/2JjZVmo [Accessed on 05 January 2019] Ministry of Finance and Economic Planning, Rwanda (2016) the Rwanda we want: Towards “Vision 2050�. Available at http://www.minecofin.gov.rw/fileadmin/user_upload/Hon_Gatete_Umushyiki rano_Presentation_2016.pdf [Accessed 05 January 2019] National Institute of Statistics of Rwanda (NISR) (2012) Fourth Population and Housing Census, Rwanda (2012). Population size, structure and distribution. 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Available at http://www.unhcr.org/rw/wp- content/uploads/sites/4/2017/02/Economic-Inclusion-of-Refugees-in- Rwanda-Final-Version.pdf [Accessed 16 November 2018] The World Bank, Operational Manual, OP 4.12 - Involuntary Resettlement. Available at https://policies.worldbank.org/sites/ppf3/PPFDocuments/090224b0822f89d b.pdf [Accessed 05 January 2019] UNHCR Rwanda (2017) Participatory Assessment, September and October 2017. Available at https://www.unhcr.org/rw/wp-content/uploads/sites/4/2018/01/PA- 2017-REPORT.pdf [Accessed 29 January 2019] 97 LIST OF ANNEXES ANNEX 1: ANNOTATED OUTLINE FOR PREPARING THE RAP This template is extracted from OP 4.12 Annex A. Its full description can be found in the World Bank external website. The scope and level of detail of the RAP will vary depending on the magnitude and complexity of resettlement or displacement. The RAP is prepared based on the most recent and accurate information on the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project context. A broad outline of the RAP, as applied to sub-projects covered under an RPF includes, but is not limited to, the following: Description of the sub-project: General description of the sub-project and identification of sub- project area or areas. Potential Impacts: Identification of the: (i) the sub-project components or activities that require resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement, displacement, and restricted access, to the extent possible, during project implementation. For the purposes of SEIRHCP, the following paragraph should be noted in particular from Annex A of OP 4.12 (page 7 of 8): When a resettlement policy framework is the only document that needs to be submitted as a condition of the loan, the resettlement plan to be submitted as a condition of subproject financing need not include the policy principles, entitlements, and eligibility criteria, organizational arrangements, arrangements for monitoring and evaluation, the framework for participation, and mechanisms for grievance redress set forth in the resettlement policy framework. The subproject-specific resettlement plan needs to include baseline census and socioeconomic survey information; specific compensation rates and standards; policy entitlements related to any additional impacts identified through the census or survey; description of resettlement sites and programs for improvement or restoration of livelihoods and standards of living; implementation schedule for resettlement activities; and detailed cost estimate. 98 Objectives: The main objectives of the resettlement program as these apply to the sub- projects. Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation, and with the involvement of potentially affected people will be needed. These generally include the results of a census of the affected populations covering: a. Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; b. Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; c. Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic; d. Information on vulnerable groups or persons, for whom special provisions may have to be made; and e. Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement, and to measure impacts (or changes) in their livelihood and living conditions. There may be other studies that the RAP can draw upon, such as those describing the following: a. Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area; 99 b. Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub-project; c. Public infrastructure and social services that will be affected; and d. Social and cultural characteristics of displaced communities, and their host communities, including a description of formal and informal institutions. These may cover, for example, community organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. Legal Framework: The analysis of the legal and institutional framework should cover the following: a. Scope of existing land and property laws governing resources, including state-owned lands under eminent domain and the nature of compensation associated with valuation methodologies; land market; mode and timing of payments, etc.; b. Applicable legal and administrative procedures, including a description of the grievance procedures and remedies available to PAPs in the judicial process and the execution of these procedures, including any available alternative dispute resolution mechanisms that may be relevant to implementation of the RAP for the sub-project; c. Relevant laws (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law; communal laws, etc. related to displacement and resettlement, and environmental laws and social welfare legislation; d. Laws and regulations relating to the agencies responsible for implementing resettlement activities in the sub-projects; e. Gaps, if any, between local laws covering resettlement and the Bank’s resettlement policy, and the mechanisms for addressing such gaps; and f. Legal steps necessary to ensure the effective implementation of RAP activities in the sub- projects, including, as appropriate, a process for recognizing claims to legal 100 rights to land, including claims that derive from customary and traditional usage, etc. and which are specific to the sub-projects. The institutional framework governing RAP implementation generally covers: a. Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation; b. Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; and c. Activities for enhancing the institutional capacities of agencies, offices, and civil society groups, especially in the consultation and monitoring processes. Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages, for the purpose of determining their replacement costs; and a description of the proposed types and levels of compensation consistent with national and local laws and measures, as necessary, to ensure that these are based on acceptable values (e.g. market rates). Resettlement Measures: A description of the compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of OP 4.12. Aside from compensation, these measures should include programs for livelihood restoration, grievance mechanisms, consultations, and disclosure of information. Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover the following: a. Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources 101 b. Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites; c. Procedures for physical relocation under the project, including timetables for site preparation and transfer; and d. Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being resettled. Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other necessary site development, engineering, and architectural designs for these facilities should be described. Environmental protection and management. A description of the boundaries of the relocation area is needed. This description includes an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). Community Participation: Consistent with the World Bank’s policy on consultation and disclosure, a strategy for consultation with, and participation of, PAPs and host communities, should include: a. Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities; b. Summary of the consultations and how PAPs’ views were taken into account in preparing the resettlement plan; and c. Review of resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns 102 of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and d. Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including indigenous peoples, ethnic minorities, landless, children and youth, and women) are adequately represented The consultations should cover measures to mitigate the impact of resettlement on host communities, including: a. Consultations with host communities and local governments; b. Arrangements for prompt payment due the hosts for land or other assets provided to PAPs; c. Conflict resolution involving PAPs and host communities; and d. Additional services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to PAPs. Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. These mechanisms should take into account the availability of judicial and legal services, as well as community and traditional dispute settlement mechanisms. RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including technical assistance) needed to strengthen the implementing agencies’ capacities of responsibility for managing facilities and services provided under the project and for transferring to PAPs some responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory monitoring; etc.). Implementation Schedule: An implementation schedule covering all RAP activities from preparation, implementation, and monitoring and evaluation should be included. These 103 should identify the target dates for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date. The schedule should indicate how the RAP activities are linked to the implementation of the overall project. Costs and budget: The RAP for the specific sub-projects should provide itemized cost estimates for all RAP activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should include other fiduciary arrangements consistent with the rest of the project governing financial management and procurement. Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency, and the independent monitoring of these activities, should be included in the RAP section on monitoring and evaluation. The final evaluation should be done by an independent monitor or agency to measure RAP outcomes and impacts on PAPs’ livelihood and living conditions. The Bank has examples of performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities; involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to guide subsequent implementation. 104 ANNEX 2: ABBREVIATED RESETTLEMENT ACTION PLANS An abbreviated plan covers the following minimum elements: (a) a census survey of displaced persons and valuation of assets; (b) description of compensation and other resettlement assistance to be provided; (c) consultations with displaced people about acceptable alternatives; (d) institutional responsibility for implementation and procedures for grievance redress; (e) arrangements for monitoring and implementation; and (f) a timetable and budget. In case some of the displaced person lose more that 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures. 105 ANNEX 3: SAMPLE GRIEVANCE AND RESOLUTION FORM Name (Filer of Complaint) *: _________________________________ ID Number*: (PAPs ID number) Contact Information*: _____________________________ (Village; mobile phone) Nature of Grievance or Complaint: _______________________________________________ _______________________________________________ Date ________________________ Individuals Contacted: ___________________________________________________________ ___________________________________________________________ Summary of Discussion: _________________________________________________________ __________________________________________________________ Signature_ Date: __________________________ Signed (Filer of Complaint): ____________________________ Position or Relationship to Aggrieved Person *: _ (if different from Filer) Name of Aggrieved Person *: ____________________________ (if different from the filer) Review/Resolution Date of Conciliation Session: ___________________ Was Filer Present? Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: _____________________________________________________ _____________________________________________________ *Completing that place is optional. Anonymous grievances may be filed however the filer should be aware that follow-up action to resolve received grievances and report back can only be made based on information available. 106 Summary of Conciliation Session Discussion: ___________________________________________________________________________ ___________________________________________________________________________ Issues: _____________________________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: _____________________________ ______________________________ If agreement was not reached, specify the points of disagreement below: _______________ ___________________________________________________________________________ Signed (Conciliator): ______________________________ Signed (Filer): ___________________________________ Signed (Independent Observer): _______________________________ Date:……………………………………………. 107 ANNEX 4: GRIEVANCE LOG Nam Day Mode of delivery: Location Issue Summary Classificat Action Date Status Status Status e receive Received by complaint type: of ion: undertak of +30 +60 +90 d Complaint box, received Request, grievance Resettlem en action days days days Mail, Delivered Concern, ent, letter Grievance contracto r 108 109 ANNEX 5: RESETTLEMENT SCREENING FORM Sub-project name Subproject Location include map/sketch Type of activity (e.g. District, Sector, Cell etc) Estimated Cost (e.g. new construction, rehabilitation, periodic (Rwandan Francs) maintenance) Proposed date of Commencement of Technical Work Drawing/ Specifications Yes No Renewed (circle answer) This report is to be kept short and concise. 1. Site Selection When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse environmental and social effects, and that more substantial environmental and/or social planning may be required to adequately avoid, mitigate or manage potential effects. Issues Site Sensitivity Rating Low Medium High Involuntary Low population Medium High population density; Resettlement density; dispersed populatio major towns and villages; population; legal n low income families tenure is well density; mixed and/or illegal defined. ownership and ownership of land; land tenure communal properties. 110 2. Checklist questions: Refer to project application for this information. Land and resettlement Yes/No answers and bullet lists preferred except where descriptive detail is essential. Will the subproject involve loss of land and other resources? Will the project result into temporary or permanent loss of crops, household What is the likelihood infrastructure purchase for of land granaries like shelter, or the subproject? latrines? How will the proponent go about land purchase? What level or type of compensation is planned? Who will monitor actual payments? Refer to the Resettlement Policy Framework Actions List outstanding actions to be cleared before sub-project appraisal. Approval/rejection Yes/No answers and bullet lists preferred except where descriptive detail is essential. Recommendations Requires a RAP to be submitted on date: Does not require further studies Reviewer: Name: Signature: Date: 111 ANNEX 6 STAKEHOLDERS CONSULTED No Stakeholders/Insti Interest in the project Date Place tutions 1 MINEMA Project preparation and September 7, Kigali World Bank implementation; Social and 2018 environmental considerations 2 MINEMA Project preparation and September Kigali World Bank implementation; Social and 11, 2018 environmental considerations 3 MINEMA, Project preparation and October 12, Kigali MININFRA, implementation; Social and 2018 MINICOM, MoH, environmental MINECOFIN, considerations REG/EDCL, LODA, RTDA, NECDP, NCC, WASAC, UNHCR, WFP. 4 MINEMA, MoH, Project preparation and October 17, Kigali MININFRA, implementation; Social and 2018 MINECOFIN, Gatsibo environmental District, Gicumbi considerations District, Gisagara District, Karongi District, Karongi District, Kirehe District, Nyamagabe District 112 5 MINEMA, World Project preparation and October 22, Kigali Bank implementation; Social and 2018 environmental considerations 6 MINEMA, Project preparation and October 23, Kigali MIGEPROF, World implementation; Social and 2018 Bank environmental considerations 7 Mahama Camp Project preparation and October 27, Kirehe Managers, UNHCR & implementation; Social and 2018 Partners, environmental considerations 8 Mahama Camp Project beneficiaries October 27, Kirehe Refugee 2018 Representatives 9 Mahama Camp Host Project beneficiaries October 27, Kirehe Communities 2018 10 Gatsibo District Project preparation and October 28, Gatsibo authorities implementation; Social and 2018 environmental considerations 11 Nyabiheke Camp Project preparation and October 28, Gatsibo Managers, UNHCR & implementation; Social and 2018 Partners environmental considerations 12 Nyabiheke Camp Project preparation and October 28, Gatsibo Refugee implementation; Social and 2018 Representatives environmental considerations 113 13 Gatsibo Sector Project preparation and October 29, Gatsibo leaders implementation; Social and 2018 environmental considerations 14 Nyabiheke Camp Project preparation and October 29, Gatsibo Managers, UNHCR & implementation; Social and 2018 Partners environmental considerations 15 Nyabiheke Camp Project preparation and October 29, Gatsibo Host Communities implementation; Social and 2018 environmental considerations 16 Gicumbi District Project preparation and October 29, Gicumbi leaders implementation; Social and 2018 environmental considerations 17 Gihembe Camp Project preparation and October 30, Gicumbi Managers, UNHCR & implementation; Social and 2018 Partners environmental considerations 18 Kageyo Sector Project preparation and October 30, Gicumbi Leaders implementation; Social and 2018 environmental considerations 19 Gihembe Camp Host Project beneficiaries October 30, Gicumbi Communities 2018 20 Kiziba Camp Project preparation and December 3, Karongi Managers, UNHCR & implementation; Social and 2018 Partners environmental considerations 114 21 Kiziba Camp Refugee Project preparation and December 3, Karongi Representatives implementation; Social and 2018 environmental considerations 22 Kiziba Camp Refugee Project beneficiaries December 3, Karongi Representatives 2018 23 Karongi District Project preparation and December 4, Karongi Leaders implementation; Social and 2018 environmental considerations 24 Rwankuba Sector Project preparation and December 4, Karongi Leaders implementation; Social and 2018 environmental considerations 25 Gihembe Camp Host Project beneficiaries December 4, Karongi Communities 2018 26 Nyamababe District Project preparation and December 5, Nyamagabe Leaders implementation; Social and 2018 environmental considerations 27 Gasaka Sector Project preparation and December 5, Nyamagabe Leaders implementation; Social and 2018 environmental considerations 28 Kigeme Camp Project preparation and December 5, Nyamagabe Managers, UNHCR & implementation; Social and 2018 Partners environmental considerations 115 29 Kigeme Camp Project beneficiaries December 5, Nyamagabe Refugee 2018 Representatives 30 Kigeme Camp Host Project beneficiaries December 6, Nyamagabe Communities 2018 31 Gisagara District Project preparation and December 6, Gisagara Leaders implementation; Social and 2018 environmental considerations 32 Mugombwa Sector Project preparation and December 6, Gisagara Leaders implementation; Social and 2018 environmental considerations 33 Mugombwa Camp Project beneficiaries December 6, Gisagara Host Communities 2018 34 Mugombwa Camp Project preparation and December 7, Gisagara Managers, UNHCR & implementation; Social and 2018 Partners environmental considerations 35 Mugombwa Camp Project beneficiaries December 7, Gisagara Refugee 2018 Representatives 36 Kirehe District Project preparation and December 18, Kirehe Leaders implementation; Social and 2018 environmental considerations 116 ANNEX 7: ATTENDANCE LISTS FOR CONSULTATION MEETINGS 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155