Urgent Electricity Rehabilitation project(UERP ...



REPUBLIC OF RWANDA

MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES

Rural Sector Support Project II (RSSPII)

RESETTLEMENT ACTION PLAN FOR THE CONSTRUCTION OF AN IRRIGATION DAM AT NTENDE SITE IN NTENDE-RWAGITIMA MARSHLAND

GATSIBO DISTRICT

March 2009

ACRONYMS

PAPs: Project Affected Persons

RAP: Resettlement Action Plan

RPF: Resettlement Policy Framework

RSSP: Rural Sector Support Project

rwf: Rwandan Francs

TABLE OF CONTENTS

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0. EXECUTIVE SUMMARY 3

1. DESCRIPTION OF THE PROJECT 5

2. POTENTIAL IMPACTS AND AFFECTED POPULATION 6

2.1. Land Ownership 6

2.2. Land Use Type 6

2.3. Loss of land, crops and shelter. 6

2.4. Size of land expected to be acquired 7

3. FINDINGS OF THE CENSUS 8

3.1. Documentation of holdings and assets 8

3.5 Determination of cut off date 10

4. DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT 10

ASSISTANCE 10

4.1. Resettlement allowance 10

4.2. Availability of input to the PAPS 11

4.3. Accessibility of jobs to PAPs during marshland rehabilitation 11

4.4. Membership to the COOPERATIVE 11

5. ELIGIBILITY 11

6. VALUATION OF AND COMPENSATION FOR LOSSES 12

6.1. Magnitude of expected loss 12

6.2. Compensation for Land 12

6.3. Compensation for houses and structures 12

6.4. Compensation for crops 13

7. RESETTLEMENT MEASURES FOR EACH CATEGORY OF ELIGIBLE 13

PAPs 13

7.1. Preparation of resettlement for displaced households 14

8. CONSULTATIONS WITH PAPs ON ACCEPTABLE ALTERNATIVES. 14

8.1. Disclosure of entitlement 15

8.2. Other meetings and consultations include: 15

8.3. Main issues raised by the PAPs during the meetings. 15

8.4. Agreement on compensation and preparation of contracts 16

9. GRIEVANCE REDRESS MECHANISM 16

10. DESCRIPTION OF ORGANISATIONAL RESPONSIBILTIES 18

10.1. Roles of the RSSP during Land Measurements 19

10.2. Roles of the PAPs during Land Measurements 20

10.3. Roles of Gatsibo District 20

11. IMPLEMENTATION SCHEDULE 21

12. ESTIMATED COST FOR RESETTLEMENT 23

13. FRAMEWORK FOR MONITORING, EVALUATION AND REPORTING. 24

0. EXECUTIVE SUMMARY

The Rural Sector Support Project (RSSP) with the support of the World Bank has identified site for the construction of an irrigation dam for Ntende-Rwagitima marshland at Ntende site located in Gatsibo District in Eastern Province. The construction of this dam is expected to involve the acquisition of land for the same purpose. This dam while constructed, will allow the irrigation of 265 ha as it will have the storage capacity of 700 000 m3

Land acquisition is expected to lead to physical and economic displacement of people and loss of access to the land that provides for economic resources as well as shelters. This therefore principally triggers World Bank Operational Policy OP4.12 on involuntary Resettlement and certain laws of Rwanda primarily the laws regarding land ownership in Rwanda is also triggered. The land already identified for the construction of an irrigation dam for Ntende-Rwagitima Marshland at Ntende site is owned by different individuals who are utilizing the pieces of land into various land uses ranging from shelter/home, livestock keeping and subsistence agriculture.

In accordance with the World Bank Policy OP 4.12 a resettlement action/compensation plan must be developed to be submitted to World Bank for approval.

This is therefore the duly prepared Resettlement Action Plan (RAP) by the project in line with all the necessary requirements outlined in the Resettlement Policy Framework (RPF) document. This report principally describes the activities of the project that is proposed and the associated impact arising thereof. The section on land acquisition highlights the existing land uses on the targeted land, brief biography of the project Affected Persons (PAPs) and the magnitude of the loss.

Eventually, the report describes the process used in land valuation including surveying of the land in question, valuation of the existing structures, and crops including trees present in the project sites. The census results indicate that about 665 people in 108 households from five villages will be affected in some way by project activities.

The meeting held on the site served mainly to inform the would be PAPs that their land might at some point be acquired to pave way for the construction of an irrigation dam at Ntende site. They also give information about the alternatives put in place for the RAPs.

The total compensation will be divided in three categories

• Land in the marshland

• Hill side land that will be used to provide constructing material for the dams

• Households that will be displaced

The main objective of this Resettlement Action Plan is to compensate the PAPs for the loss of land and shelter that will be acquired from them to pave way for irrigation dam’ construction activities.

There will also be compensation for the structures and crops including trees that are inherent in the project sites that will be destroyed or cleared in the process. The persons (families) to be compensated have been meaningfully consulted during different meetings and have participated in planning and implementing of the compensation programs. The total cost of this RAP is 101 362 490 rwf and compensation will be done for land, crops and shelter. The compensation process will begin one month after the RAP‘s disclosure the PAPs. Gatsibo district will implement the RAP and is the institution which the PAPs will first express their discontent and disapproval of the resettlement or compensation process. The aggrieved party may appeal to the immediate higher Land Commission and to the Courts of Law if the case is not resolved.

1. DESCRIPTION OF THE PROJECT

Ntende-Rwagitima marshland is located in Gatsibo District, Eastern Province, at ± 110 km from Kigali. In this marshland, 75 hectares have already been rehabilitated and are being used for rice production. The remaining part of the marshland which is not developed is being used for production of low income crops like sweet potatoes, sorghum and sometimes maize mainly for one season. These farmers need an irrigation & drainage networks, a hydraulic infrastructures and an irrigation dam to be able to use this marshland more profitably and grow crops for two seasons. The works to be done include: the construction of an irrigation dams, an irrigation & drainage network (channels and hydraulic infrastructures). The activities on this marshland include constructions of two dams at 2 different sites but this RAP is prepared for the irrigation dam that will be located at Ntende site. The map of the site is in Annex 4

The planned activities consist of:

• Design and planning phase which include the site selection

• Preparation of RAP and compensation

• Site installation

• Creation of an earthen road for access to the construction sites

• Creation of an irrigation reservoir of 700,000 m³ closed with an earthen dam with a spillway security and a water intake structure to irrigate an area 265 The flooded area of the dam is 64 ha

2. POTENTIAL IMPACTS AND AFFECTED POPULATION

The proposed construction of an irrigation dam at Ntende site in Ntende-Rwagitima marshland will lead to the physical displacement of households living in the project site or utilizing the land for their livelihood.

2.1. Land Ownership

The identified site for burrow pit and the site of the dam are owned by different individuals who have the legal right over the different pieces of land.

2.2. Land Use Type

The land to be acquired is being utilized in different ways that vary in nature and include:

• Shelter

• Livestock keeping

• Agricultural activities

• Water points

• Community load (1km)

2.3. Loss of land, crops and shelter.

The civil works activities will entails clearing of the vegetation inherent in the project site which includes fruit trees, other trees, elephant grass and crops that have been planted or cultivated by the PAPs. Most of land to be used will permanently be lost to the project activities except for the land for the burrow pit which could be reused by the owners after extraction of soil. The land to be permanently lost includes the flooded area and the area where the dams will be constructed. The dam buffer zone (50m from dam, around the highest level of water) could still be used by the owners in a way that ensures erosion control however; shelters in the buffer zone will be resettled. Although some of these shelters are in bad condition, it was indicated by the District officials that the owners of these shelters will be assisted to construct houses which are of the standard designed for the community resettlement (Umudugudu) as per the resettlement plan of the Government of Rwanda.

Notes: The households with property in the water spill way and buffer zones (all shelters and most land) will be affected after a period of more than a year as the dam will only be full of water after this time.

2.4. Size of land expected to be acquired

The total areas of land to be permanently acquired for this project is 19.04ha as indicated in the table bellow;

Table 1: Resettlement impact

|Item |Unity |Site |

|Affected District |Gatsibo District |Ntende |

|Affected Villages | | Amahoro, Bidudu, Kanyangese,|

|(Imidugudu) | |Kabeza and Rebero |

|A) Resettlement |  |  |

|Households to be relocated |  | 108 |

|Households compensated and |  | 40 |

|not relocated | | |

|Households given materials |  |0 |

|for construction | | |

|Households compensated |  |0 |

|+build their own houses | | |

|  |  |  |

|Other assets replaced |  |  |

|Water sources/points |  | 2 |

|Community access |  | 1 |

|  |  |  |

|B) Land |  |  |

|Land for houses | | 0.14 ha |

|Land for crops |  | 18.90 ha |

3. FINDINGS OF THE CENSUS

Three meetings were held before the census begun to explain to the PAPs the project activities and the importance for the RAP preparation. It was in those meetings that the Resettlement and Compensation Committee of 27 people was formed. This Committee is composed of the representatives of Gatsibo District, local leaders, representatives of the PAPs and the RSSP team (Rural Sociologist and Rural Engineer).

3.1. Documentation of holdings and assets

The resettlement and Compensation Committee did a complete and detailed inventory of the land to be acquired, total land holdings including necessary personal information of the households.

The main findings of the census were that there will be 108 households from five villages affected by this project (Table 2). The affected households engage in agriculture as there main source of income. The average household size is 7 people with 51% of the households’ members being children and 52% being women. Average annual income per house hold is 1 080 963 rwf. More than 50% of the households heads are involved in at least one community based organizations. (Annex 1)

Table 2: Description of households in Ntende site

|Village |households No |Households size|% |% women |occupation |Average |Involved in |

| | |(average per |children | | |annual income|Community Based |

| | |village) | | | |(rwf) |organization |

|Amahoro |42 |6 |52 |55 |All farmers |1101481 |60% |

|Bidudu |13 |7 |52 |50 |All farmers |951750 |80% |

|Kanyangese |18 |9 |55 |50 |All farmers |1146725 |44% |

|Kabeza |16 |7 |43 |58 |All farmers |9400000 |60% |

|Rebero |19 |7 |52 |50 |All farmers |1264861 |53% |

The estimated area of land to be acquired by the project is 19.04 hectares used for houses, food crop production intercropped with trees and elephant grass. In the buffers zones 40 shelters will be affected by project activities and therefore would be moved (Detailed PAPs in Annex 4).

3.2. Vulnerable groups or persons

Among the people to be compensated are one old man and one old woman with no child with one piece of land each. These old people will be affected by the project as their households are located near the flooded area.

3.3 Summary

The tables below provide a summary of the total shelter, land and crop compensation for the PAPs at Ntende site.

Table 3: Total compensation

|Item |Number of households affected |Total Compensation (rwf) |

|Compensation for crops |108 |20 562 490 |

|Compensation for houses and other |40 |76 800 000 |

|structures | | |

|Compensation for other structures |4 |4 800 000 |

|Compensation for land (ha) |108 |(≥18.9 ha of exchanged land ) |

| | |Compensation in kind |

The total compensation for crops and structure is 101 362 490 rwf.

The budget allocated to this compensation will come from the District of Gatsibo.

Note: There will be land compensation in kind, i.e. PAPs will get as exchange for land the same size of land in Ntende-Rwagitima marshland after its rehabilitation.

3.4. Record keeping

This information was evaluated by the Mayor of Gatsibo and PAPs and confirmed as true. Both RSSP and the District will keep this information including the relevant records and copies.

3.5 Determination of cut off date

The entitlement cut-off date refers to the time when the assessment of persons and their property in the identified project starts and therefore new cases of affected people would not be considered. The cut off date was determined through a meeting with the PAPs and the representatives of Gatsibo District and RSSP before the census survey was carried out. The census survey started 20th January 2009 and therefore 20th January 2009 was agreed to be the cut off date.

4. DESCRIPTION OF COMPENSATION AND OTHER RESETTLEMENT

ASSISTANCE

4.1. Resettlement allowance

The District is in the process of land consolidation and resettlement, a nation wide government policy being implemented. The policy that is currently being implemented requires people to be in allocated settlement villages (Imidugudu). Since this project is at time when resettlement in IMIDUGUDU is going on, the people whose shelters are affected by the project activities will be resettled in the nearest Umudugudu and are to be resettled by the District. This complies with the government policy of housing in rural areas where the households will be resettled in cells to facilitated easy access to public infrastructures like water, electricity, schools, hospitals etc.

The resettlement allowance therefore will not be required since the distance between the current locations is not far from the new one.

4.2. Availability of input to the PAPs

In order to help them to settle in the new plots, the PAPs will get assistance by providing to them seeds and fertilizer mainly through the cooperative which is currently using the marshland to be rehabilitated.

4.3. Accessibility of jobs to PAPs during marshland rehabilitation

During the construction of two dams the RSSP and the District of Gatsibo will ensure that the PAPs get first priority during job allocation at the site. This will facilitate additional income that will help and support these people in their new location.

4.4. Membership to the COOPERATIVE

The cooperative (COOPRORIZ Ntende) currently using the Ntende marshland has agreed to enroll the affected people that are willing to join the cooperative. In this case, the people that lost their land will be allocating same size of land in Ntende-Rwagitima marshland after rehabilitation for the production of rice. They will also benefit from the project support that will be given to the cooperative like capacity building to improve agricultural production.

5. ELIGIBILITY

Eligibility for compensation is enshrined under the Rwandan constitution (Article 29) and the Expropriation Law and OP 4.12 of the World Bank. The two laws regulate and give entitlement to those affected, whether or not they have written customary or formal tenure rights.

The person to be expropriated is defined under article 2 (7) of the Expropriation Law to mean any person or legal entity who is to have his or her private property transferred due to public interest, in which case they shall be legally entitled to payment of compensation. That is to say the land, crops and shelters owners located on the area to be acquired.

6. VALUATION OF AND COMPENSATION FOR LOSSES

This section describes the methodologies that were used to value losses and determine replacement costs as well as the roles of the different institutions and PAPs during the determination of compensation process.

6.1. Magnitude of expected loss

The magnitude and impact of the expected loss can be termed as fairly significant especially because some of the pieces of land are utilized by the PAPs for Shelter and cultivation. Forty shelters and 19.09 hectares of land that was used for growing various kinds of food crops, elephant grass and trees will be lost.

6.2. Compensation for Land

The exchange of land for land has been taken as an ideal way of compensation. It’s in this context that the District of Gatsibo has chosen to allocate land to the PAPs who have lost their land where they will be given the same size of land in Ntende-Rwagitima marshland after rehabilitation. This agreement was reached by the PAPs who will lose their land for cultivation to have land in the marshland in exchange for their land that will be lost.

The new land law on ownership especially private land in terms of compensation and acquisition in Rwanda provide for negotiations over the value of land during acquisition as a preferred means for arriving at a common agreement. In other words, PAPs are accorded room to negotiate for the suitable compensation.

6.3. Compensation for houses and structures

The PAPs will also be compensated for the loss of buildings and structures in the project site.

As mentioned previously, this will be done through the resettlement program that is already going on in the District. Although some houses are grass thatched and are of low value the resettlement policy requires that these people be resettled and facilitated to have better housing. An amount of 2 000 000 rwf has been taken as the minimum value for any housing that fulfils the basic requirements for the new resettlement plan in the cells.

6.4. Compensation for crops

As it’s shown in the results of census, all the crops were evaluated by the resettlement committee put in place. The valuation of those crops was done using the currents rates in Rwanda. The value of crops depends on its type and age (Annex 3).

6.5 Linking Compensation to Civil Works

Due to the delay in the preparation of Resettlement Action Plan and inadequate information on the scope and extent of the irrigation dam and flooded area, civil works will begin in some selected areas of the site while compensation gets completed in others. This will help in the adequate preparation of the alternative relocation sites and avoiding idleness on the part of the contractor. The areas where civil works will begin have no shelters and will be for purposes of site offices and burrow pits. This approach has been discussed with the affected persons and an agreement reached.

7. RESETTLEMENT MEASURES FOR EACH CATEGORY OF ELIGIBLE

PAPs

PAPs were categorized as shown in the table below:

Table 4: Categories of the PAPs

|Categories of affected people |Total number of PAPs |Measures of resettlement |

|Loosing 20% of land |40 |Compensation of crops, structures and |

| | |exchange of land. |

|Crops |108 |Compensation |

|Shelter |40 |Compensation |

Table 4: Type of compensation on each category of PAPs

The PAPs who are loosing more than 20% of their land due to project activities will be resettled to the nearest community resettlement while the ones loosing less than 20% will be compensated by an equivalent land in the marshland.

7.1. Preparation of resettlement for displaced households

Gatsibo District has sensitized most of the people in the District about the new resettlement plan being implemented by the local government and have given locations where the community resettlement will be located. The affected people will therefore have the first priority to move to these resettlement areas that have been prepared. The government will then provide them with facilities for better welfare in these cells (healthcares, schools, electricity). The construction of those houses will be done by the District via the community work and money that will be given to the PAPs through this compensation process and this will start in March 2009. Note that these people will be affected after a period of more than one year therefore compensation will continue on one part of the dam as constriction starts on another.

8. CONSULTATIONS WITH PAPs ON ACCEPTABLE ALTERNATIVES.

Several and regular consultation meetings were held with the PAPs to discuss issues related to resettlement and compensation. The discussions can be traced back to 19th January 2009 when RSSP held meeting with the local communities at the site for Ntende irrigation dam construction in order to inform them about the planned projects. The local communities were fully involved in all the processes of the development of this RAP and are well informed about the construction of an irrigation dam at this site. The local community also had a lot of consultations with the selected committees on issues arising which were mainly on what they will get as exchange of their land, crops, and shelters and when it would be given.

Upon identification of the households that would be affected by the project, RSSP staff organized several meetings with the Gatsibo District to discuss compensation requirements and concerns. The District also arranged meetings for the negotiations with the local communities to discuss the alternatives for resettlement and compensation. For example, there were two options for RAPs who were losing crops which were compensation for the crops or receiving bigger pieces of land in the marshland.

The committee put in place to do the documentation of holdings and assets and to monitor the RAP is composed of 27 people (Annex 5).

8.1. Verification and Disclosure of entitlements

Public consultations were taking place from the initial stage of preparation of RAP through several meetings on the sites. Those meetings were beneficial to the preparation of this RAP as local community and PAPs were involved into the process of documentation of their assets. The PAPs also elected Mr NEMEYE Oscar as their leader to represent them in different institutions. Disclosure of entitlement was done on 24-27/02/2009 and this was done in order to show to the PAPs the results of the census.

8.2. Other meetings and consultations include:

There was a meeting on 20th January with the District of Gatsibo together with the PAPs to discuss how to proceed with the compensation upon signing of the agreement and contract documents.

On 10th February 2009 the RSSP held meeting with the District of Gatsibo to discuss planning and the timing of compensation for the PAPs.

8.3. Main issues raised by the PAPs during the meetings.

The following issues have been raised by the PAPs:

• What will be got in exchange of the land that will lost

• When compensation will begin

• How the crops will be given value.

• If the project will give jobs to the RAPs

There were issues raised by the PAP which the committee responded to as shown in table 5:

Table 5: Issues of PAPs and responses given

|Issues |Responses |

|Exchange of land |The District will give land in the marshland to those who will loose|

| |their land for agriculture. The ones who will lose shelter will be |

| |given shelter in the community resettlements |

|Timing of getting compensation |The District will begin the resettlement process two months after |

| |census and continue the process in one part as construction begins |

| |in another part. |

|Valuing of the crops |The valuation of the crops will be done with reference to current |

| |rates applied in Rwanda. |

|Employment |The PAPs will be given priority in recruiting during construction |

| |works. |

8.4. Agreement on compensation and preparation of contracts

The District of Gatsibo will prepare an agreement for compensation and for payments to the PAPs. The District of Gatsibo has explained to the PAPs what will be compensated for whether in cash or kind. This has been done by listing all the assets and land to be compensated at the current value.

9. GRIEVANCE REDRESS MECHANISM

The District of Gatsibo is an acknowledged institution for which the PAPs have been made aware of as avenues for expressing discontent and disapproval to the resettlement and compensation process.

Article 26 of the Expropriation Law N0 18/2007 of 19/04/2007 provides complaints procedures for individuals dissatisfied with the value of their compensation. The Law stipulates that dissatisfied persons have a period of 30 days after project approval decision has been taken to appeal (Article 19).

The first step of redress was to inform those to be expropriated of their rights during the expropriation process. In the event that the new value is rejected by the Land Commission hearing the complaint, the aggrieved party may appeal to the immediate higher Land Commission within 15 working days which must then deliver its verdict within 30 days. If the aggrieved party is still dissatisfied with the decision, their final resort shall be to file the case to the competent Court of Law. According to article 26, filing a case in courts of law does not stop expropriation process to be effected.

To ensure that the affected parties are fully aware and to reduce possible backlog of complaints, it was noted in advance that most members of the rural communities take time to decide to complain within 30 day period required to file their complaints. As per international standards, grievances logged outside this timeframe may still be valid and legitimate. Customarily, the government expropriation authorities ensure that all affected people are fully informed, and will issue warnings about the consequences of failure to lodge their complaints in time. Within this customary procedure, affected people were informed of the procedures before their assets are taken.

Land expropriation grievances were encouraged to be resolved at Cell level, as there are aware of every operation involved in Resettlement Action Plan. If the grievance is not resolved in this way, local courts (ABUNZI) should be used. If not resolved then the high court or court of appeal of Rwanda remains an avenue for voicing and resolving these complaints.

10. DESCRIPTION OF ORGANISATIONAL RESPONSIBILITIES

The table below gives the summary of responsibility and roles played by every institution during the preparation of RAP.

Table 6: Roles and Responsibilities for each institution

|ORGANIZATION |ROLES AND RESPONSIBILITY |

|PSCU extension team (lead role for |Screening of sub-projects to identify resettlement and compensation requirements; |

|the Rural Sociologist and RE) |Work with District of Gatsibo to create Resettlement and Compensation Committee; |

| |Provision of capacity building and technical support relating to resettlement and |

| |compensation activities; |

|District authorities |Review and sign off of all documentation (eg screening forms, completed RAPS, |

| |grievance forms, consultation plans). |

| |Participation in documentation of assets |

| |Compensation of RAP |

| |Responsible in monitoring and implementation |

|COOPRORIZ Ntende |Participation in documentation and measurement of assets of PAPs |

| |Help the PAPs to join Cooperative so that they may get a long time benefit from the |

| |project. |

|Resettlement and Compensation |Development and implementation of RAP, valuation of assets, distribution of |

|Committees |compensation payments, identification of land for replacement, assistance during |

| |resettlement, and effective consultation at the sector level, cell level, and at |

| |village level (Umudugudu) |

| |Representation of PAPs |

| |Facilitate coordination of information collation activities (such as surveys, |

| |supervising documentation) for monitoring purposes, in accordance with procedures |

| |put in place by the District authorities. |

| |Elect a representative of the Committee to act as Project Liaison Officer who has |

| |regular contact with PAPs and can lead consultation, public participation and |

| |grievance mechanisms. |

| |Playing a role in ensuring effective grievance mechanisms are in place that meets |

| |legislative requirements (the Resettlement and Compensation Committees will be |

| |responsible for ensuring that these mechanisms meet the requirements of the RPF). |

10.1. Roles of the RSSP during Land Measurements

RSSP played an oversight role in monitoring and ensuring that the process of surveying the land was done in an open and transparent manner and in the presence of all the PAPs. RSSP also informed the PAPs in advance and within adequate time on the dates when the survey and measurements would be done and insisted upon the presence of the PAPs in all meetings and documentation of assets.

10.2. Roles of the PAPs during Land Measurements

The primarily role of the PAPs during the process of measuring land was to be physically present and ascertain that indeed the measurements were correct and to their satisfaction. They upon being adequately satisfied that these measurements were correct appended their signatures as proof of satisfaction with measurements as shown below.

Scanned copy of Ntende data sheet.

[pic]

10.3. Roles of Gatsibo District

The authorities of Gatsibo District played an important role during survey and valuation of land targeted for the construction of Ntende irrigation dam. Physical measurements of the land were taken by technicians of Gatsibo District assisted by RSSP staff in the region in the presence of the PAPs. The payment of losses will also to be done by the District of Gatsibo

11. IMPLEMENTATION SCHEDULE

There will be steps to be followed during the implementation RAP as shown in the table below

Table 7: Implementation schedule

|Item |Main activities |Responsible institutions |Timing |

|Public consultation |Consultation meeting with the PAPs on |-Gastibo District |01/01/2009-28/02/2009 |

| |Ntende site to inform them on |-RSSP | |

| |scheduled activities and their roles | | |

| |to accomplish the RAP and Compensation| | |

|Database |Documentation of assets (crops, |-Gatsibo District |01/02-20/02/2009 |

| |shelter) and |-RSSP | |

| |land measurement | | |

|Disclosure of |To display to the PAPs the results of |-Gatsibo District |24-27/02/2009 |

|entitlement |the census. |-RSSP | |

|Preparation of |Comparison and choice of the best |-Gatsibo District |01/01/2009-01/02/2009 |

|alternatives |alternatives of compensation to the |-RSSP | |

| |PAPs | | |

|Compensation and other |Compensation for crops |-Gatsibo District |15/03-15/05/2009 |

|resettlement measures | | | |

| |Construction of new Households |-Gatsibo District |15/03-30/11/2009 |

| |Exchange of land |-Gatsibo District |15/03-30/5/2009 |

|Monitoring and |Follow up of the implementation |-Gatsibo District |01/01/2009-30/11/2009 |

|supervision | |-RSSP | |

The PAPs who will loose their land in the flooded area of the marshland have agreed to be given plot down stream of the dam after the rehabilitation of the marshland where they will be cultivating rice.

12. ESTIMATED COST FOR RESETTLEMENT

Table 8: Estimated cost for resettlement

|Item |Main activities |Responsible institution | Cost (rwf) |

|Public consultation |Consultation meeting with the PAPs to|-Gastibo District | 100, 000 |

| |inform them on scheduled activities |-RSSP |(operating cost) |

| |and their roles to accomplish the RAP| | |

|Database |Documentation of assets (crops, |-Gatsibo District | 500, 000 |

| |shelter), |-RSSP |(operating cost) |

| |Land measurement | | |

|Disclosure of | Display to the PAPs the results of |-Gatsibo District |100, 000 |

|entitlement |the census. |-RSSP |(operating cost) |

|Preparation of |Comparison and choice of the best |-Gatsibo District | 100 000 |

|alternatives |alternatives of compensation to the |-RSSP |(operating cost) |

| |PAPs | | |

|Compensation and other |Compensation for crops |-Gatsibo District | 20, 562, 490 (rwf) |

|resettlement measures | | | |

| |Construction of new Households and |-Gatsibo District | 80, 800, 000 (rwf) |

| |other structure | | |

| |Exchange of land for 18.90 (ha) |-Gatsibo District |59,700,000 |

| |Agricultural land | | |

|Total | | |161,862,490 |

13. FRAMEWORK FOR MONITORING, EVALUATION AND REPORTING.

The construction works for an irrigation dam at Ntende site in Ntende-Rwagitima marshland is planned to start in February, 2009.

Monitoring of the RAP will be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the RAP occurs.

The monitoring will be carried out by a committee composed of Gatsibo District representatives, representative at the Sector &cell level and RSSP, to ensure that all of the responsible implementing agencies follow the schedule and comply with the principles of the RAP.

Suggested monitoring indicators are outlined below and include (and not limited to):

i) Number and place of public consultation meetings held with PAPs and local authorities in preparation of, or during RAP implementation;

ii) Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned);

iii) Number of complaints:

• Total received; total justified; total non justified. This should include the subject matter for all complaints; an explanation for non justified complaints;

• Total resolved at various levels including the type of agreement reached;

• Total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or RSSP II) the referral and the subject matter.

Suggested performance/evaluation indicators include:

i) Total nature and level of all complaints received, resolved;

ii) Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan;

iii) Completion of demolition of structures (if any) or crops/trees in the project area within 3 months after the notice to demolish;

iv) Revival of affected businesses /farming activities within 4 months after the compensation payment;

v) Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly.

The table below illustrates the compensation implementation plan and responsible institutions that are expected to oversee the implementation;

Table 10: Monitoring, evaluating and reporting

|Item |Main activities |Responsible |Frequency of monitoring |

| | |institutions | |

|Public consultation |Consultation meeting with the PAPs on both|-Gastibo |Once a Week from 01/01/2009 to 30/03/2009 |

| |sites to inform them on scheduled |District | |

| |activities and their roles to accomplish |-RSSP | |

| |the RAP | | |

|Database |Documentation of assets (crops, shelter), |-Gatsibo |01/02/2009- |

| |And Land measurement |District |20/02/2009 |

| | |-RSSP | |

|Disclosure of |To display to the PAPs the results of the |-Gatsibo |24-27/02/2009 |

|entitlement |census. |District | |

| | |-RSSP | |

|Preparation of |Comparison and choice of the best |-Gatsibo |01/01/2009-01/02/2009 |

|alternatives |alternatives of compensation to the PAPs |District | |

| | |-RSSP | |

|Compensation and other|Compensation for crops |-Gatsibo |Once a week |

|resettlement measures | |District |15/03-15/05/2009 |

| |Construction of new Hhold |-Gatsibo |Once a week |

| | |District |15/03-30/11/2009 |

| |Exchange of land |-Gatsibo |Once a week |

| | |District | |

| | | |15/03-30/11/2009 |

Resettlement Implementation Completion report

A completion report of the entire resettlement process for this project will be prepared and will include a hand over certificate which will ostensibly provide a verification of when the compensation and assistance were undertaken and to whom these services were provided as well as to indicate that indeed all the compensation has been delivered.

This report will be prepared and submitted to the Bank 6 months after the end of compensation payment by the District of Gatsibo, together with RSSP II or before the Implementation Completion Report by the Bank for RSSP II , which ever comes first. The RAP implementation report should include (but not be limited to) the following information:

o Background of the RAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget.

o Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided

o Complains status

o Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production.

o Total sum disbursed

o Lessons learned from the RAP implementation

o Suggested annex:

▪ List of people affected as per the RAP report

▪ List of people compensated during implementation

▪ Maps of the roads indicating the segments /sections concerned

Annex 4: Rates of Valuation of Crops

|Type of crop |Unity |age |Value (in rwf) |

|Inanasi |Cluster | |300 |

|Ananas | | | |

|Pineapple | | | |

|Ibinyomoro |plant |0 to 1year |1300 |

|Prunier du japon | | | |

|Tree tomatoe | | | |

| | |1 to 3 years |2550 |

| | |3 to 5 years |2000 |

|Umwembe |plant |0 to 1 year |3450 |

|Manguier | | | |

|Mango | | | |

| | |1 to 3 years |7000 |

| | |5 to 5 years |9000 |

|Ipera |plant |0 to 2 years |3450 |

|Goyavier | | | |

|Gauva | | | |

| | |2 to 4 years |7000 |

| | |≥ 4 years |9000 |

|Ipapayi |Plant |0 to 1 year |1200 |

|Papaye | | | |

|papaya | | | |

| | |1 to 3 years |9000 |

| | |≥3 years |10700 |

|Avocat |plant |0 to 1 year |4005 |

|Avocatier | | | |

|Avocado | | | |

| | |1 to 3 years |13020 |

| | |≥3 years |24060 |

|Moringa |plant |0 to 1 years |1000 |

|Moringa | | | |

|Moringa trees | | | |

| | |1 to 3 years |4005 |

| | |3 to 5 years |5500 |

| | |≥5 years |7500 |

|Ibindi biti |plant |0 to 2 years |2100 |

|Others fruits trees (not listed in crop| | | |

|valuation document) | | | |

| | | | |

| | |2 to 4 years |4500 |

| | |4 to 5 years |5500 |

|Ibiti bitanga imiti |plant | |2800 |

|Medicinal crops (umuravumba, igicunshu,| | | |

|umwenya…) | | | |

|Urutoke |mat |0 to 1 year |500 |

|Bananas | | | |

| | |≥1 year |2500 |

| |are |0 to 1 years |22000 |

| |are |≥1 |110000 |

|Urusenda |Plant |0 to 6 months |150 |

|Pilipili | | | |

| |plant |≥1 year |650 |

| |are |0 to 6 months |15000 |

| |are |≥1 year |65000 |

|Urubingo |are | |10000/are |

|Penissetum | | | |

|Elephant grass | | | |

|Imiyenzi |cluster |Young age |105 |

|Euphorbes | | | |

| | |Average |525 |

| | |Aged |920 |

|Imiyenzi ku rugo |m |Young age |270 |

|Enclos d’euphorbes | | | |

| | |Average |420 |

| | |Aged |920 |

|Imihate |cluster |Young age |125 |

|Dracaenas | | | |

| | |Average age |575 |

|Imihate y’urugo |m |Young age |285/m |

|Enclos de dracaenas | | | |

| | |Average age |860/m |

|Umuvumu |Plant |Young age |270 |

|Ficus | | | |

| | |Average |860 |

| | |Aged |2860 to 4290 |

|Imiko |plant |Young age |270 |

| | |Average |450 |

|Ibindi biti |plant |Young age |105 |

|Other trees not specified | | | |

| | |Average |270 |

| | |Aged |450 |

|Ikibonobono |plant |Young age |105 |

|Ricin | | | |

| | |Average |575 |

| | |Aged |715 |

|Sipure |Plant, are |Young |286/plant, 7150/are |

|Cypres | | | |

|-Gereveliya | | | |

|Greveleia | | | |

|-Gasiya | | | |

|Acacia | | | |

|-Pinusi | | | |

|Pinus | | | |

|-Umusave | | | |

|Markhamia | | | |

|-Sederela | | | |

|-Terminalia | | | |

| | |3 to 5 years |572 to 858/plant, 13585/are |

| | |5 to 10 years |1287 to 2145/plant, 22880/are |

| | |≥10 years |4290 to 5720/plant, 57200/are |

|Pasiparumu |m2 | |620/m2 |

|Pasparum | | | |

Source: District of Gatsibo

Annex 5: Composition of resettlement committee

|N° |Names |Responsibilities |

|01. |RWAKA Nicolas |Director of Good Governance in Gatsibo |

| | |District |

|02. |BUTERA Jean Claude |Agronomist of Gatsibo District |

|03. |RWEMA Daniel |In charge of infrastructure |

|04. |KARANGWA Apollinaire |Agronomist of Gitoke Sector |

|05. |RWAKIBIBI NZABA John |Agronomist of Rwimbogo sector |

|06. |SINZAMUHARA Jean de Dieu |Manager of COOPRORIZ – NTENDE |

|07 |TUMWESIGYE MANZI Alexis |Agronomist of Rugarama Sector |

|08 |RYUMUGABE Alphonse |Social Affairs/Rwimbogo sector |

|09 |NUWAGABA Justus |Executif Secretary/ Kanyangese Cell |

|10 |RWAMWAGA J.B. |Coordinator of Kanyangese Cell |

|11 |MUPENZI |Ex. Secr; of Matare Cell |

|12 |MUSONI |Coordinator of Matare Cell |

|13 |KABATESI Julienne |Coordinator of Bukomane Cell |

|14 |MUKAYIRANGA Joyce |Coordinator of Bukomane Cell |

|15 |INGABIRE Julienne |Chief of Nyarusambi Village (Umudugudu) |

|16 |NZEYIMANA Théo |Chief of Ryarukaza Village (Umudugudu) |

|17 |KABARISA Steven |Chief of Rebero Village (Umudugudu) |

|18 |NDAYAMBAJE Félicien |Chief of Amahoro Village (Umudugudu) |

|19 |BAZAMBANZA Tissien |Representative PAPs/Matare Cell |

|20 |KALANGWA James |President of COOPRORIZ NTENDE |

|21 |HISHAMUNDA Patrick |Agronomist of the COOPRORIZ NTENDE |

|22 |SEMINEGA Stanislas |Representative PAPs/Bukomane Cell |

|23 |NEMEYE Oscar |Representative PAPs/Amahoro Umudugudu |

|24. |RUTAYISIRE Emmanul |Representative PAPs/Rebero Umudugudu |

|25 |MULIGANDE Bénjamin |Rural Sociologist RSSP |

|26 |ARUSHA Jérome |RSSP Eastern Province |

|27 |MURENZI Fernand |Rural Engineer RSSP |

Annex 6: Map of Ntende Site

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RP625 V3

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