REPUBLIC OF RWANDA

MINISTRY OF AGRICULTURE AND ANIMAL RESOURCES

RURAL SECTOR SUPPORT PROJECT

RESETTLEMENT IMPLEMENTATION COMPLETION REPORT FOR RSSP2.

SOCIAL SAFEGUARDS

July 2012

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ACRONOMYS APL : Adaptable Program Loan GDP: Gross domestic product Gross domestic product

MINAGRI: Ministry of Agriculture and Animal Resources

PSCU: Project Supervision and Coordination Unit

PAPs: Project Affected Persons

RAP: Resettlement Action Plan

REMA: Rwanda Environment Management Authority

RPF: Resettlement Policy Framework

RSSP: Rural Sector Support Project

rwf: Rwandan Francs

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Contents EXECUTIVE SUMMARY ....................................................................................................................... 3

1. INTRODUCTION ............................................................................................................................. 4 2. METHODOLOGY ............................................................................................................................ 4

3. PROJECT DESCRIPTION AND RESETTLEMENT IMPLICATIONS ......................................... 4

3.1. Project context .......................................................................................................................... 4

3.2 Project components ....................................................................................................................... 5

4. RAP IMPLEMENTATION PROCESS ............................................................................................. 6

4.1. Public consultations .................................................................................................................. 7

4.2. Census and social-economic survey followed by valuation of crops and other assets ....... 7

4.3. Disclosure of the census and valuation of assets results to the PAPs .................................. 7

4.4. Compensation and other resettlement measures. ................................................................. 8

4.5. Monitoring and supervision ..................................................................................................... 8

4.6. Address complaints among the affected people. .................................................................... 8 5. IMPACTS OF RESETTLEMENT AND COMPENSATION ON THE AFFECTED PERSONS ... 9

5.1 Compensation of land and Crops ............................................................................................. 9

5.2. Compensation on Houses ............................................................................................................. 9 6. CHALLENGES AND GRIEVENCES FACED DURING RAPs ................................................... 12

7. CONCLUSIONS AND RECOMMENDATIONS .......................................................................... 13

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EXECUTIVE SUMMARY

The Government of Rwanda is pursuing a comprehensive poverty reduction Programme. In

order to achieve this program, the government of Rwanda through the Ministry of Agriculture

and Animal Resources instituted the Rural Sector Support Project which aims at revitalizing the

rural economy and improving the quality of life of the rural poor through increased transfer of

technical financial resources for the sustainable rural development. This project has to sustain

poverty reduction through capacity building to facilitate efficient application of resources to the

development and management of investments.

With the Support of World Bank the Ministry of Agriculture and Animal Resources has

completed the Rural Sector Support Project phase II which was implemented from 2008 to 2012.

The Rural Sector Support Project Phase 2 (RSSPII) has identified nine marshlands for

construction and rehabilitation of irrigation scheme with a total of 3324 hectares in different

districts.

The construction of the irrigation system implies a need for land and hence land

acquisition that is expected to lead to physical and economic displacement of people and loss of

access to the land that provides for economic resources. Thus, to triggers World Bank

Operational Policy OP 4.12 on involuntary resettlement, Rwanda laws on expropriation and land

ownership, twelve Resettlement Action Plans (RAPs) have been prepared and implemented in

nine Marshlands and three dam sites.

After the completion of the RSSP phase II, the Social Safeguards team evaluated the

implementation of RAPs and prepared the Resettlement completion report in order to look into

the extent to which the fundamental principles related to the involuntary resettlement have been

met, namely: (i) avoid as far as possible and/or minimize to relocate people exploring all

alternative ways in the project design, (ii) where it is not feasible to avoid resettlement, its

activities should be designed and implemented as sustainable development programs, providing

sufficient investment resources to enable the persons displaced by the project to share in the

benefits of the project, (iii) adequately consult displaced people and provide them with

opportunities to participate in planning and implementation of resettlement programs, and (iv)

assist displaced persons in their efforts to improve their livelihoods and standards of living or at

least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the

beginning of the project implementation, whichever is higher.

This report principally describes the activities of the proposed project and the associated impact

arising thereof. The section on land acquisition highlights the existing land uses on the targeted

areas, a summary of socio-economic data of the Project Affected Persons (PAPs) and the extent of

the loss. The report also describes the process used in land valuation including surveying of the

land in question, and a valuation of the existing structures, and crops (including trees) present in

the project sites.

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1. INTRODUCTION

Rural Sector Support Project phase II, under the Ministry of Agriculture and Animal Resources,

with the support of the World Bank managed to construct four dams and to rehabilitate nine

marshlands covering a total of 3324 hectares in different Districts. Rehabilitated marshlands

include Ntende-Rwagitima marshland (Gatsibo district), Nyarubogo marshland (Nyanza district),

Rugeramigozi marshland (Muhanga district), Kinyegenyege marshland (Nyanza District),

Muvumba, Perimeter 8 (Nyagatare, District), Muvumba V marshland (Nyagatare District), Gisaya

marshland (Ngoma District), Kibaya marshland (Ngoma District) and Kinyogo marshland (Kirehe

District). Dams were constructed at Ntende-Rwagitima, Rugeramigozi, Kiriba and Nyarubogo

marshlands.

Land acquisition involves loss of land used in farming activities and loss of shelters belonging to

the PAPs (Project Affected Persons). This therefore principally triggers World Bank Operational

Policy OP4.12 on Involuntary Resettlement and of the Rwanda expropriation law. To address

these issues, RAPs have been prepared in line with all the necessary requirements outlined in the

Resettlement Policy Framework (RPF) document and according to the Rwandan expropriation

law. The implementation of RAP (Resettlement Action Plans) was done by RSSP and Districts.

The numbers of affected people due to the project activities in all the marshlands so far are

3,088 in total. These people had activities either in the marshlands where canals were

constructed or in the areas to be flooded and some buildings (such as houses) were built in

buffer zones. Therefore, the project had to construct 36 houses in total in terms of

compensations. So far, the total amount of money that was paid in the resettlement process is

equivalent to 460,938,198 Rwf.

2. METHODOLOGY

To prepare this document, the Social safeguards team used a combination of a series of action for the collection primary and secondary data. Primary data was collected based on the interviews with Project Affected Persons (PAPs) local leaders and direct observations on the ground. The secondary data was drawn from different report produced by the project including twelve Resettlement Action Plans developed, compensation reports, Census and social-economic survey and valuation of crops and other assets report.

3. PROJECT DESCRIPTION AND RESETTLEMENT IMPLICATIONS

3.1. Project context

Agriculture is the backbone of Rwanda’s economy, accounting for about 42 percent of GDP, 90 percent of employment, and 85 percent of foreign exchange earnings. Because the agricultural sector is so important, its performance impacts powerfully on the performance of the economy overall. Agriculture’s contribution to economic growth is amplified by the strong multiplier effects that extend from primary commodity production into post-harvest value-adding

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activities. Agriculture also contributes significantly to national food self-sufficiency, as over 90 percent of all food consumed in the country is domestically produced. The acute scarcity of land is by far the most critical constraint facing rural households in Rwanda. The population of about 9 million people is distributed across an area of only 26,340 km², giving Rwanda the highest average population density in sub-Saharan Africa (approximately 355 inhabitants per km²). The average amount of agricultural land available per rural resident in Rwanda is about 0.3 ha, and the average amount of arable land (agricultural land net of permanent pasture) is about 0.2 ha. These figures are lower than those for most other countries in Sub-Saharan Africa, and they are comparable to those for the most densely populated countries in Asia, where a much larger share of agricultural land is irrigated, making it far more productive. With the land frontier effectively exhausted, future agricultural growth in Rwanda will have to come from productivity gains achieved through intensification. Mainly for that reason, the Government has targeted as an urgent priority the development for irrigation of 60,000 ha of marshlands, along with the development and/or protection of surrounding hillsides. In 2004, the Government of Rwanda formulated a National Agricultural Policy (NAP), the goals of which are to contribute to national economic growth, improve food security and the nutritional status of the population, and increase rural incomes. The NAP was operationalized in 2005 with the launching of the Strategic Plan for Agricultural Transformation (PSTA). Rwanda’s agricultural growth strategy focuses on raising agricultural productivity and increasing production through a series of interventions directed at the supply side: intensifying sustainable production systems, strengthening research and extension, improving input distribution, building capacity among farmers’ organizations, promoting commodity chain development, improving export competitiveness, and strengthening the institutions that support agriculture.

3.2 Project components

The centerpiece of the Government’s agricultural development strategy is the Rural Sector Support Project (RSSP), being implemented under the oversight of the Ministry of Agriculture and Animal Resources (MINAGRI) and coordinated by an independent Project Supervision and Coordination Unit (PSCU). Designed as a 15 year Adaptable Program Loan (APL) (now extended to 17 years), to be implemented 4 nationally in three phases, RSSP aims at revitalizing the rural economy and improving the quality of life of the rural poor through the transfer of technical and financial resources for sustainable rural development. The three phases are structured as follows: • Phase 1: 2001-2008: The emphasis during the first phase has been on building the institutional, technical, and human capacity needed to support the adoption of sustainable intensification technologies in developed marshlands and surrounding hillsides. • Phase 2: 2008-2013: During the second phase, the emphasis will be on broadening and deepening the support provided to accelerate the pace of intensification and commercialization of agricultural production. • Phase 3: 2013-2018: During the third and final phase, the stimulus resulting from faster growth in agricultural production will provide the basis for promoting diversification of economic activities in rural areas as a way of increasing and stabilizing rural incomes.

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3.2. Project Activities and resettlement implications

This resettlement completion report is tailored specifically towards Phase 2 of the RSSP where different activities were accompanied by resettlement implications a. Marshlands and hillsides rehabilitation and development and resettlement

implications

The Objective of this subcomponent is to develop infrastructure in irrigated marshlands and promote rainwater harvesting and sustainable land management practices on rain-fed hillsides in order to accelerate the pace of intensification of agriculture. Under this irrigation infrastructure have been developed and rehabilitated on at least 3,500 hectares of marshlands, and it will promote rainwater harvesting and sustainable land management practices on at least 10,500 hectares of hillsides. b. Marshlands irrigation infrastructure rehabilitation and development. Rehabilitation and development of gravity irrigation schemes in marshlands, and promotion of affordable pump irrigation technologies in marshlands using favorable shallow aquifers. The following activities fall into this sub-component: Construction of dams Construction of irrigation channels and related infrastructure Construction of storage/ drying facilities Rehabilitation of existing roads and bridges to provide access to rehabilitated areas Rehabilitation of from subsistence agriculture and grazing to commercial agricultural

activities (mainly rice cultivation) (linked to component Activities under these subcomponent resulted in resettlement implication including: temporary and permanent loss of access to public or leased lands (for agriculture, grazing or

other access) due to dam and irrigation infrastructure; Loss of privately owned hillside land (for use as borrow pits) Loss of crops and structures on these lands Temporary/ permanent loss of employment of full-time laborers on affected lands. Need for economic rehabilitation assistance due to changing crops or a move to higher

intensity farming techniques. Other examples of economic rehabilitation include compensation for marginal land takings,

employment if available, comparable land replacement or micro finance initiatives.

4. RAP IMPLEMENTATION PROCESS

Under RSSP2 project several activities were done in order to prepare and implement the

resettlement action plan as well as the Resettlement Framework Policy developed for this

project. The preparation and implementation of different RAPs have been done in accordance to

the World Bank Resettlement policy as well as Rwanda policies and regulations in regard to

resettlement, land ownership and expropriation. Below are the main activities that were done by

the Project during the RAP implementation process:

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4.1. Public consultations

Public consultation is very fundamental in RAP preparation and implementation. They were

conducted through different meetings with the PAPs and the purpose was to explain the planned

activities and to respond to some issues and concerns. Meetings were attended by the Project

staff, District and Sector officials, National Land Centre officials, REMA envoys and the PAPs.

Fig.1 Consultation meeting with PAPs

During these meetings, the discussions were mainly focused on works that were to be done in

the marshlands and the purpose of resettling process, compensation framework for their crops

and assets. The discussions also helped the PAPs to fully understand their rights during the

implementation of resettlement framework and benefits resulting from rehabilitation of

marshlands.

4.2. Census and social-economic survey followed by valuation of crops and other assets

During the RAP preparation a team field surveyors supervised by the resettlement committee

carried out surveys on every household to record the number of PAPs, crops, houses and cattle

sheds that would be destroyed by the rehabilitation of the marshlands. After the census, the

resettlement committee would give value to the destroyed crops and properties. At the end of

the every survey, a report showing how many PAPs would be compensated and the

compensations entitled to each of them would be prepared.

4.3. Disclosure of the census and valuation of assets results to the PAPs

Once the results of census and valuation of Assets is completed, the next step was to conducted

consultation meetings with PAPs and other stakeholders in order to present findings and

address complains if any. Meetings were conducted to each site by project officials and

resettlement committee and attended by District, Sector and Cell officials, National Land Centre

officials, Rwanda Environment Management Authority representative and the PAPs. The

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resettlement committee would explain how the surveys were conducted and present the results

to the participants.

During these meetings, every Project Affected Person would be shown how he or she would be

compensated or resettled and if any PAPs would not be satisfied with the results, they would

provide a room for asking questions, then discussions would follow and finally solutions for the

raised complaints would be found.

4.4. Compensation and other resettlement measures.

During compensation, project officials, local leaders and the affected persons worked together in

order to agree on how best the compensations should be done and decided on which suitable

compensations to be done. The Project had to involve the affected persons to make sure that they

are satisfied with the compensations and their livelihood is improved.

PAPs were compensated according to the surveys and valuations of their crops and property.

And this was done according to the Rwandan Constitution (Article 29), the Expropriation Law of

Rwanda (No 18/2007 of 19/04/2007) and OP 4.12 of the World Bank. For the PAPs who had to

be resettled, the local Government helped in allocating land for the construction of their houses

in line with the Resettlement policy where people are encouraged to join grouped settlement

known as” Imidugudu” and the Project provided construction materials.

4.5. Monitoring and supervision

The Project and the District officials supervised all the activities that were done in the district.

Usually this monitoring and supervision started right from the public consultation meetings up

to the end of the works. It helped to ensure that the Action Plans that were developed in the

initial phase of the project were actually respected and in case any changes or modifications that

came as a result of the works that were done are identified, reconsideration would apply for the

satisfaction of the PAPs.

4.6. Address complaints among the affected people.

During the public disclosure meetings, the PAPs would be shown how their crops and other

properties were valued and how they would be compensated. The PAPs who would not be

satisfied with their compensations, they would raise their complaints and their issues would be

taken care of by the Resettlement committee.

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5. IMPACTS OF RESETTLEMENT AND COMPENSATION ON THE AFFECTED PERSONS

After the completion of RSSP2 project and the implementation of all RAPs developed under the

project, we can confirm that all compensation measures proposed by different RAPs w have been

implemented and presently, the PAPs are living a better life compared to the life they lived

before the project.

5.1 Compensation of land and Crops

All crops which were destroyed during the implementation of project activity were compensated

in cash according to the Rwandan law. Sometimes compensation in kind for seasonal loss is

done, (PAPs whose plots were used during the harvest season are give beans for the loss of the

season, and they were given beans depending on how much crops were destroyed.

A list of PAPs who lost their land was given to the cooperatives in the marshland to ensure that

they are considered during land redistribution in the marshland. In monitoring we have verified

and confirm that all PAPs who lose their land were given lands in marshlands after their

rehabilitation and now they are producing rice in these marshlands.

Fig 2. Production of Rice in rehabilitated marshland

However, in Muvumba 8 where some cattle farms were flooded by the dam, the Project affected

people were given cash to buy other firms for their cattle as most of them are living of animal

keeping.

5.2. Compensation on Houses

In regards to the compensation of houses the following alternatives were applied:

a. Construction of new houses in the mudugudu (resettlement).

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This was done through community work but the project provided materials and technical

support.

Fig.3.A compensated house Fig 3.B. New house

b. Rehabilitation of existing houses

Some PAPs already own other houses outside the sites areas and opted to receive cash to

renovate those houses instead of building new ones. The sector makes agreements with these

people and ensured that the renovation is done. Other people had unfinished houses in other

areas and they were given materials to renovate their houses.

Fig. 4. Rehabilitation of existing houses

Before rehabilitation after rehabilitation

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Cattle sheds were also compensated by cash after the valuation team of engineers has valued their assets In addition to the compensation received by PAPs for their Crops, Lands, cattle shelter and houses, some PAPs were employed during the construction of dams and the minimum pay was 1,000 Rwf per day, hence boosting their daily incomes. Other PAPs were employed at the cooperatives to do different kinds of jobs in the marshlands like supervising the earned around 700 Rwf per day, thus an addition to their daily incomes.

In general, the Project has provided the PAPs a better livelihood that has led to the development

of the society they are living in.

The table below summarize of resettlement measures on different sites:

Sites Crops Land Houses Total

Compensation

(RWF)

No of

PAPs

Amount (Frws) No of

PAPs

Amount No of

PAPs

Amount

Nyarubogo dam 94 31,153,685

100%

-

61

cattle

shed

11,550,000, 100%

500,000 (cattle shed)

(100%)

40,232,600

Kiliba dam 92 19,805,802

100%

- - 13 14,300,000

100%

41,657,444

Ntende dam 132 34,607,637

100%

- - 375

cattle

sheds

69,291,660, 100%

2,000,000

(cattlesheds: 100%)

100,463,245

Rugeramigozi

dam

7 7,017,020

100%

- - 0 0 7,017,020

Nyarubogo

irrigation

channel

281 4,975,060

100%

- - 0 0 4,975,060

Ntende-

Rwagitima

irrigation

channel

570 13,691,266

100%

- - 11 18,000,000

100%

37,445,643

Kinyegenyege

marshland

125 1,776,516

100%

- - 0 0 1,776,516

Gisaya 231 4,811,981, 100% - - 0 0 4,811,981

Kibaya 358 5,665,270, 100% 0 0 6,401,903

Kinnyogo 860 35,681,708, 100% 44,000,000

Muvumba V 152 2,307,225 12,932,767

100%

Muvumba VIII

dam

17 7,984,073, 100% 17 30,716,062 0 0 41,349,524

Muvumba VIII

channels

193 25,493,129,100% - - 55 25

stables

62,498,566 (100%)

13,595,176 (100%)

117,874,495

Total 3,088 460,938,198

In total 460,938,198 rwandan franc were given as compensation to the project affected person in

these project sites and this amount of money has contributed to the improvement of PAPs

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livelihoods. They money received were used either in construction or rehabilitation of houses,

buying cattle sheds and lands. The money gained from works as income restoration has been

used to pay school fees as well as health insurance.

6. CHALLENGES AND GRIEVENCES FACED DURING RAPs

During the implementation of different RAPs some complains were raised and solved using the

grievance mechanism provided under these RAPs. The table below summarize the key

grievances we met in the implementation of RAPs and solutions used to address them.

No Challenges/Grievences Solutions

1 Most of the PAPs were complaining

about not having enough money for

opening up bank accounts in order for

the compensations to be transferred too.

We helped in Negotiating with the banks to let

them open up bank accounts even with their

minimum bank requirements.

2 Some of the PAPs were complaining

about not having enough knowledge on

the cultivation of rice.

Trainings were arranged especially crop

intensification to help them learn more about

cultivation and the production from rice.

3 Some PAPs also complained about the

compensations completed, that they

weren’t satisfied with what they were

provided.

The project thoroughly explained to PAPs that all

the compensations were done according to the

Rwandan law and even showed some of them

the laws, hence they were satisfied.

4

Few PAPs did not find their names on

the compensations lists on their sectors.

After disclosure, the project went back, verify all

the lists and collect them and hence

compensated them.

5 Some people did not give out their bank

accounts.

The Project and Local authorities are looking for

their addresses to make it easier for the

payments to be done on time

6 Burial grounds that were not declared

during evaluation.

The owners of these lands have been consulted

and agreed to be assisted to relocate them from

the project sites.

7 Family land conflicts after families failed

to decide whose names would be written

in RAP.

Authorities at the Sector level have been

informed about these conflicts and are being

resolved by the local courts.

8 Fully implementation of RAP depends on

rehabilitation works of the marshlands

where PAPs will be given land after

completion of works.

Mobilisation has been made at local levels;

(district, Coop and PAPs) so that relocation can

be done soon after rehabilitation works.

9 Delays in payment for some PAPs Districts’ payment process was long so many

would be moved to sector Bank accounts to

ensure the process was faster.

10 Some PAPs were dissatisfied with the

value they got for their crops or assets.

Explanations of the valuation process were done.

Verification process was also done using the

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local leaders.

11 Some PAPs never wanted to grow rice,

and others needed money for their land.

This was mainly in Gatsibo farmers and they

would be given other alternatives.

7. CONCLUSIONS AND RECOMMENDATIONS

In general, the resettlement process that was done in all these marshlands went as planned and

in accordance to the World Bank safeguard policies as well as Rwandan laws and policies in

regard to expropriation, land ownership and compensation. At this point all the compensations

have been done and the project managed to solve most of the problems or issues raised during

RAPs implantation.

Rehabilitation works of the marshlands are now finished and PAPs were given priority in plots

redistribution in rehabilitated marshlands. RSSP together with the districts monitored the

compensation process to ensure it went successful and all the compensations were 100% done

in all sites.

In total 460,938,198 rwandan franc were given as compensation to the project affected person in

these project sites and this amount of money has contributed not only in restoration of previous

livelihood conditions but also in the improvement of PAPs livelihoods.

In conducting the resettlement process several measures to avoid/minimize interference of the rehabilitation/construction on the lives of various people and entities and their assets located in areas that were taken and/or with the potential to be taken were adopted. The options of compensating PAPs by means of (i) cash compensation, (ii) Construction material and land for land were adopted to cause minimum disruption in PAPs livelihood.

With regard to the resettlement processes the principles of (i) disclosure and dissemination of information to the PAPs, (ii) establishment of channels for participation and involvement of PAPs, (iii) negotiations and agreements with the PAPs on the appropriate and acceptable measures for compensation for each case (iv) establishment and operation of systems and mechanisms for the presentation and redressing grievances have been adequately considered or at least in a way that fulfilled the expectations of most of the PAPs.

The evaluation of the delivery of compensation and mitigation measures, or if the compensation was paid and received and that the PAPs were able to use them to make investments in the restoration of income and living standards, including changes in community attitudes in regard to the project. However, it should be noted that, for some reason, the whole process did generate expectations, which were not always properly managed. The management of expectations is also an important aspect in the management of resettlement processes and should be done in a professional manner.

Apart from some issue of management of grievances and perceptions about changes in the lives of the affected people resettlement process is assessed as having been more positive and The lesson learned in the implementation of RAPs in RSSP2 should be used in future RAP implementation.