Republic of Rwanda Ministry of Infrastructure Urgent Electricity Rehabilitation Project (UERP)

Abbreviated Resettlement Action Plan 2008 Proposed Construction of Thermal (Diesel) Power Plant at Jabana Sub Station

July, 2008.

RP272 v. 2 rev.

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EXECUTIVE SUMMARY The Urgent Electricity Rehabilitation Project (UERP) with the support of World Bank has identified a site for the construction of a thermal power plant for electricity generation. The construction of the 20 Mega Watt (MW) thermal power plant is expected to involve acquisition of land for the same purpose. Land acquisition is expected to lead to the economic displacement (not physical) of the Project Affected Persons (PAPs) who are utilizing the identified parcel of land as well as loss of access to the land that provides for economic resources to the PAPs. This therefore principally triggers World Bank Operational Policy OP4.12 on Involuntary Resettlement and the laws of Rwanda related to land acquisition. The major portion of the land already identified for the construction of the plant is partly owned by Home of Hope Rwanda a faith based organization which had initial plans of utilizing the land for the construction of a church and a children’s’ orphanage. There are 5 other PAPs who own the remaining part of the targeted land including crops and trees. The UERP wants to acquire part of this land that is owned by these 5 other individuals in order to consolidate a whole piece of land for security purposes. These are small portions of land that the UERP would like to consolidate in order to enforce security and keep off intruders from the property once constructed. A total of 3.59 hectares of land is going to be acquired for this project. The total land size and crops including trees present in the site have been valued and will be compensated in cash amounting to RFW 91,757,177. The UERP will also assist the Home of Hope Rwanda to look for another site for construction of the church and orphanage. In accordance with the World Bank Policy OP4.12 a resettlement action/compensation plan must be developed by the Government of Rwanda and be submitted to World Bank and the Rwanda Environment Management Authority (REMA) for approval before any land acquisition, resettlement, loss, denial of, and restriction to economic resources or any other impact on livelihoods occur. However, most of the actions and activities related to implementing the resettlement plan have been undertaken including land measurement and valuation, crop valuation, consultation with the PAPs and eventual compensation. This is therefore a retrospective Abbreviated Resettlement Action Plan (ARAP) by the Government of Rwanda-Urgent Electricity Rehabilitation Project (UERP) and is in line with all the necessary requirements outlined in the UERP Resettlement Policy Framework (RPF) document. All the supporting documents including minutes of consultative meetings and copies of final compensation payments have been attached as an annex in the annex section. This report principally describes the activities of the project that is proposed and the associated adverse impacts 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 the valuation of the existing

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structures, and crops including trees present in the project site. The Government of Rwanda would like to present this report to the World Bank as an Abbreviated Resettlement Action Plan (ARAP) document. This is mainly because the fewer than 200 people will be displaced economically in this site. There will be no physical displacement and shelter destruction because the land in question does not have any dwellings and households present. The land is currently being used for cultivation of crops and trees by the owners.

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TABLE OF CONTENTS

ACRONYMS................................................................................................................................... 5

1.0 DESCRIPTION OF THE PROJECT ....................................................................................... 6

2.0 OBJECTIVES OF ARAP .......................................................................................................... 6

3.0 PROPOSED ACTIVITIES ....................................................................................................... 7

3.1 DESIGN AND PLANNING PHASE..................................................................................................................................7 3.2 CONSTRUCTION PHASE............................................................................................................................................ 10 3.3 OPERATION PHASE .................................................................................................................................................... 10

4.0 POTENTIAL ADVERSE IMPACTS...................................................................................... 11

4.1 SIZE OF LAND EXPECTED TO BE ACQUIRED........................................................................................................... 11 4.2 LAND OWNERSHIP .................................................................................................................................................... 11

4.2.1 Home of Hope Rwanda....................................................................................................................................................11 4.2.2 Other Individuals..................................................................................................................................................................11

4.3 LAND USE TYPE.......................................................................................................................................................... 12

5.0 DOCUMENTATION OF HOLDINGS AND ASSETS........................................................ 13

5.1 MAGNITUDE OF EXPECTED LOSS.............................................................................................................................. 14 5.2 INFORMATION ON VULNERABLE GROUPS OR PERSONS ........................................................................................ 14

6.0 VALUATION OF AND COMPENSATION FOR LOSSES ................................................ 15

6.1 CALCULATION OF LAND COMPENSATION RATE.................................................................................................. 15 6.2 LAND MEASUREMENTS/VALUATION........................................................................................................................ 15

6.2.1 Roles of the UERP/PCU during Land Measurements..............................................................................................17 6.2.2 Roles of the PAPs during Land Measurements..........................................................................................................17 6.2.3 Roles of the Gasabo District Officials during Land Measurements ....................................................................17

6.3 COMPENSATION FOR LAND ..................................................................................................................................... 17 6.4 COMPENSATION FOR INITIAL TOPOGRAPHIC SURVEY ......................................................................................... 18

6.4.1 Assistance in Acquiring another Land-Home of Hope Rwanda ...........................................................................18 6.5 CALCULATION OF CROPS COMPENSATION RATE ................................................................................................ 18

6.5.1 Calculation for Crop Compensation ..............................................................................................................................19 6.5.2 Total Cash Compensation ................................................................................................................................................19

7.0 NOTIFICATION/INSTITUTIONAL RESPONSIBILITY FOR IMPLEMENTATION AND PROCEDURES FOR GRIEVANCES .......................................................................................... 21

7.1 CONSULTATION WITH PAPS. .................................................................................................................................. 21 7.2 GRIEVANCE REDRESS MECHANISM .......................................................................................................................... 21 7.3 ARRANGEMENTS FOR MONITORING AND IMPLEMENTATION SCHEDULE........................................................... 21

8.0 AGREEMENT ON COMPENSATION AND PREPARATION OF CONTRACTS. ......... 23

8.1 COMPLETION REPORT....................................................................................................................................... 23 8.2 MONITORING AND EVALUATION ............................................................................................................... 23

9.0ANNEX.................................................................................................................................... 24

9.1 ANNEX A. LIST OF PERSONS MET ......................................................................................................................... 24 9.2 ANNEX B. ................................................................................................................................................................. 25 9.3 ANNEX C. ................................................................................................................................................................ 28 9.4 ANNEX D.. ............................................................................................................................................................... 38 9.5 ANNEX E. .........................................................................................................ERREUR ! SIGNET NON DEFINI.

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ACRONYMS ARAP Abbreviated Resettlement Action Plan CORIKA Cooperation of Rice Growers of Kabuye EA Environmental Advisor EIA Environmental Impact Assessment EMP Environmental Management Plan GoR Government of Rwanda HFO Heavy Fuel Oil MINAGRI Ministry of Agriculture (MINAGRI) MINIAGRI Ministry of Agriculture MINITERE Ministry of Environment, Lands and Forestry MW Mega Watts PAPs Project Affected Persons PCU Project Coordinating Unit RAP Resettlement Action Plan REMA Rwanda Environment Management Authority RFW Rwanda Francs RPF Resettlement Policy Framework UERP Urgent Electricity Rehabilitation Project

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1.0 DESCRIPTION OF THE PROJECT

Introduction The Urgent Electricity Rehabilitation Project (UERP) through the Project Coordinating Unit (PCU) and with the support of the World Bank has identified a site where it wants to install a new 20 Mega Watt (MW) thermal power plant for electricity generation by Electrogaz of Rwanda. The Thermal Power Plant proposed site is located in the City of Kigali and is along the Kigali-Byumba road which divides the area into industrial and residential zones to the east and north respectively. On the Administrative plan, the site is located in Gasabo District, Kabuye Sector in Cyerere Cell. The Thermal Power Project is a proposed 20MW diesel generators running on Heavy Fuel Oil (HFO). The equipments/generators to be installed at the project site will include 3 sets of generators, with a rated out put of 7.5 MVA and a rated voltage of 6.6 kV, rated current of 656 A, rated frequency of 50 Hz with 0.8 lagging and a speed of 1000 rpm. The construction of the power plant shall also include related engineering works, earthworks, and service utility buildings including an engine hall, control building and a fuel handling house. In order to construct this plant, Electrogaz would need to acquire the piece of land which is currently under private ownership. According to the requirements of the World Bank, any project which it provides support towards and involves acquisition of land must have a Resettlement Action Plan (RAP) prepared. The RAP is the document that highlights the steps and procedures that were followed in order to ensure that the project does not impoverish the livelihood of the PAPs.

2.0 OBJECTIVES OF ARAP The main objective of the ARAP is to ensure that the land acquisition and resettlement of the project is fulfilled successfully, so that the affected persons will be compensated adequately, their livelihood and income restored as soon as possible, and the standard of living of all categories of the affected persons improved, or at least restored, after resettlement. This ARAP is retrospective in nature mainly due to the fact that all the major key activities related to the preparation of an ARAP have been concluded. The PAPs have been fully compensated in an acceptable manner and supporting documentation is attached as annex.

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3.0 PROPOSED ACTIVITIES

3.1 Design and Planning Phase During the design phase of this project, the expected activities some of which have already occurred include: Site Selection History Identification of a proper site for the construction of the thermal power plant has been an on going process for a long time now since 2006. An initial site for the construction of the plant next to the Jabana substation was already identified and the UERP Environmental Advisor (EA) prepared an Environmental Management Plan (EMP) including an Abbreviated Resettlement Action Plan (ARAP) based on that site. However, UERP was forced to identify another site after WARTSILA, the company contracted to undertake the construction of this plant, commenced initial site clearing works and excavations in the proposed location beginning September 2007 and experienced immediate problems with the soil which was soft in texture. In order to install the plant in the earlier identified site, WARTSILA would be obliged to excavate far much deeper than was initially anticipated and do extensive filling so as to have a stable and required base structure to support the plant. This new discovery would increase the project cost tenfold a factor that had not been provided for in the International Development Association (IDA) loan. This new dimension necessitated the need for the UERP/PCU, and the contractor to begin the search for an alternative site for the 20MW plant. It has now since emerged after looking around that there is an appropriate and much suitable site for the construction of this power plant and for this reason, the EA has now revised the EMP to suit this new site accordingly. A similar assignment of revising and preparing a new ARAP is needed hence this report. Rationale for the new site The following reasons primarily bordering on Rwanda Environment Management Authority (REMA) concerns about the site, legislative related issues and technical site viability played a significant role in arriving at a unanimous decision to relocate to this new site for the power plant. They include; Rwanda Environment Management Authority (REMA) Rwanda Environmental Management Authority (REMA) the environmental regulatory institution in Rwanda and charged with approvals for EIA reports has been unwilling to approve the EIA report submitted citing poor choice of site. REMA considers the close proximity of the proposed location to the Nyabugogo wetland as a reason for not approving the project for fear of imminent and possible contamination of this feature. This is in spite of the fact that the site already has an existing substation and the wetland is no longer natural owing to its conversion into rice cultivation. There have been many meetings held and communication with REMA by the UERP/PCU and its implementing partners attempting to prevail upon REMA to approve the project owing to the well developed EMP to no avail. REMA has consistently maintained that only a cabinet approval from

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the parliament authorizing through a decree for the allocation of the land for the project remains the only way that would make them give a positive decision. Weak and unstable soil structure Recently, the company contracted to undertake the construction of the power plant began clearing and excavation of the site and quickly discovered that the soil structure is weak and susceptible to sinking. The heavy equipment on site began to get stuck in the soil. This implied that in order to build a stable foundation and base for installing the plant/engines and auxiliary infrastructure, the contractor would have to excavate as deep as 4 meters and undertake plenty of backfilling. This new dimension was not factored in the bidding process and would make the cost to shoot tremendously bearing. In actual sense the contractor would have to excavate and backfill 105,000cm3 of soil and could end up costing approximately 7 million USD. The additional cost was not anticipated in the IDA loan and would prove difficult to renegotiate from the side of the Government of Rwanda. Beginning renegotiations would also drag the implementation of the 20MW plant which is long overdue. Selecting an alternative site was proposed as the most viable alternative to this quagmire. Site Selection Process These two fundamental reasons stated above triggered the need for identification of another site for the construction of this plant. During the initial and very early discussions in 2006 REMA had proposed a site that is about 1.2 km from the existing Jabana substation as an ideal site that is far off from the wetland and would thus not pose an environmental risk. At that point in time, there was no strong justification for considering this site because the Jabana substation site provided an ideal extension to the proposed 20 MW plant. However, with the new turn in events, the UERP/PCU together with Electrogaz and the contractor considered this site as the first alternative and made a preliminary visit to this site to verify its efficacy. The EA with and Erik Fernstrom (World Bank Energy Specialist) also paid a site visit to this new location in an effort to contribute into final decision making towards settling on this new site. Indeed the reconnaissance surveys by this team indicated that this site is by far highly appropriate and suitable than the initial site this providing for a win-win situation to the earlier conflicting issues. The site is along the main Kigali-Byumba-Gatuna road hence provides adequate access during construction, is on a highly elevated area, and even though a soil investigation is yet to be undertaken, the preliminary observations according to the contractor show that the soil texture is of the hardy nature. This discovery rule out the problem of weak soil formation that would require deep excavation and massive backfilling during the construction and in effect lead to additional costs previously not factored in the IDA loan. This new site is also extensive in terms of size and provides room for any future planned expansion if required.

Finally, the proposed new site has two houses/structures thereby making the resettlement process that will occur before the construction begins fairly easy and straight forward. These two households who are previous legal land owners had already sold the land and were already fully compensated by Home of Hope Rwanda, a faith based organization the current land owners. However, the owners of the households have not yet moved out of this land because Home of

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Hope Rwanda is planning to construct a church and an orphanage some time later and have left the occupiers to use the land until that time that they will be ready to commence construction. Land Acquisition The land in question must be acquired for purposes of construction and for this reason an assessment was undertaken to find out land ownership. The existing parcel of land identified is largely owned by the Home of Hope Rwanda a faith based organization which plans to construct a church and a children’s orphanage in the site. It should be noted however that the land which now legally belongs to the Home of Hope Rwanda was initially owned by 2 families who sold it to Home of Hope Rwanda after mutually agreeing and having been duly compensated. See the annex section for bank slip deposit copies showing compensation made by Home of Hope Rwanda to the 2 families. However, because Home of Hope Rwanda did not have immediate plans to commence with the construction of the church and a children’s orphanage, they allowed the 2 households to continue residing and utilizing the land until such a time that they would be ready. There are 2 houses in the site and different crops have been planted by the household members who in spite of using this land are not the legal owners and will thus not get compensated. Home of Hope Rwanda thus remains the PAPs who will be duly compensated as per the requirements of the bank and not the 2 households.

Plate 1. Photo of one of the houses of already compensated families Adjacent to the land owned by Home of Hope Rwanda are 4 different small parcels of land owned by 4 different individuals that the UERP/PCU have engaged in discussion and intends to acquire these parcels of land for technical and security purposes so as to consolidate the entire parcel of land into a single manageable unit.

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3.2 Construction Phase Excavation of land during civil works Civil works including stripping of the land, excavation and installation of equipment is largely expected to occur during the construction phase of this project. However this is expected to occur only after the PAPs have been duly compensated and resettled with approval from World Bank. Installation of the thermal power plant This will involve the construction and installation of a 20MW diesel generators running on Heavy Fuel Oil (HFO). The equipments/generators to be installed at the project site will include 3 sets of generators, with a rated out put of 7.5 MVA and a rated voltage of 6.6 kV, rated current of 656 A, rated frequency of 50 Hz with 0.8 lagging and a speed of 1000 rpm. The Thermal Power Plant shall have 2 sets of power transformers of 15 MVA, 6.6/110 kV three phase, 50 HZ, two winding oil immersed with on-load tap charger complete with accessories under natural-oil circulation and natural-air cooled operation referred to the 110 kV side of the transformer.

3.3 Operation Phase During operation phase the expected activities include, operation and maintenance of the generators, transformers, circuit breakers, circuit switches and capacitors that will have been installed during the construction phase.

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4.0 POTENTIAL ADVERSE IMPACTS Loss of Agricultural Land The activity that gives rise to the need for compensation is mainly acquisition of the piece of land for which the thermal power plant will be constructed. This will mainly impact the PAPs who have cultivated crops in the land that will be acquired and which has already been identified as the project site. The types of crops in the site include bananas, grevillea, jacaranda, bamboo tress, mangoes, sorghum and eucalyptus trees.

Destruction of Vegetation The civil works activities during the construction will entail clearing of the vegetation inherent in the project site which includes fruit trees, normal tress, grass and crops that have been planted and or cultivated by the PAPs. Other Impacts will be those related to Occupation Health and Safety of the workers during the construction and operation of the thermal power station.

4.1 Size of Land expected to be Acquired The project will only acquire approximately 3.59 ha size of land for the construction of the plant including its ancillary infrastructure.

4.2 Land Ownership

4.2.1 Home of Hope Rwanda The major part of the land targeted for acquisition is owned by Home of Hope Rwanda which is a faith based organization and initially had plans to construct a church and a children’s orphanage in the land.

4.2.2 Other Individuals There are 5 PAPs who possess part of the remaining land and use it for growing crops and tress and these land owners include;

1. KABAKA Francois Regis Land Owner 2. NYIRAZUBA Flavia Land Owner 3. NDAHIRO Emmanuel Land Owner 4. INEMWENYEWE Jean Bosco owner of crops 5. HELENA Rebeka –Land Owner

Brief Background about HELENA Rebeka-PAP Mrs. HELENA Rebaka is a recent inclusion in the compensation plan for Jabana and the description given in the following section highlights this very late inclusion and reasons behind it. During the time of assessment of land and valuation one of the land owners identified was Mr. INEMWENYEWE Jean Bosco who at that time presented himself as the land owner. His parcel of land was valued as well as the crops and tress and the compensation in terms of payment was drafted.

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However just about the time that UERP was making arrangements to deposit the cash compensation in INEMWENYEWE’s bank account, the local authority at the district level who was engaged in the compensation process revealed the following; That INEMWENYEWE was not the actual land owner instead the land he laid claims to was owned by his elder brother called Augustine MWENYEWE who had moved to Burundi during the genocide era. INEMWENYEWE Jean Bosco was approached to verify these claims and he readily accepted that this was the case and that he was not the rightful owner of the land. MWENYEWE Augustine came to hear about the land compensation and immediately sent her daughter KANEZA Alida to negotiate on his behalf. KANEZA Alida traveled to Kigali and held negotiations with UERP including land verification, measurements and re-valuation in her presence to satisfy her. Upon her satisfaction, it was now decided that a new contract be written and payment be made to MWENYEWE Augustine. UERP decided to contact the Burundi embassy and confirm that indeed Mr. MWENYEWE was based in Burundi and the embassy duly provided these reference documents. See annex section for these documents. However and unfortunately, before the payment was made on Mr. MWENYEWE’s account, he passed on and this immediately complicated the matter. UERP thus decided to pay the compensation to the next of kin this being the wife called HELENA Rebeka. In order to ensure that Mrs. HELENA Rebeka was indeed the legal wife of the late MWENYEWE, the 7 children of HELENA swore an affidavit in court confirming that she was indeed their mother and the wife to their late father. They also gave authorization in the affidavit for their mother to collect the compensation on their behalf. The 7 children are MUKAMUSONI Sona, NKEZABERA Arnaud, KANEZA Alida, MWENYEWE Anabelle, MWENYEWE Nathalie, POPPE Jeanine and POPPE Helenie. See annex section for attached sworn affidavit. UERP also demanded that HELENA further submit a copy of marriage certificate to demonstrate legality for which she did and is also attached in the annex section. Based on this submission, UERP therefore compensated the HELENA Rebeka for the land as well as the trees as follows; INEMWENYEWE Jean Bosco also presented a case that he would like to be compensated for the food crops that he had planted and was available on the piece of land before the acquisition. This was a justified claim and therefore, he was only compensated for the food crops present in the land and not for land ownership or the other long lasting crops and trees.

4.3 Land Use Type The identified parcel of land proposed for the construction of the plant is currently utilized for agricultural production of mainly subsistence crops at a small scale level as well as for shelter as a dwelling area. Typical crops grown in the area and observed during the assessment study include bananas, beans, and nappier grass, mangoes, jacaranda, bamboo trees, eucalyptus and grevillea trees and other local tree species. There are 2 houses in the identified site which provide shelter

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for the 2 families who have been previously compensated by Home of Hope Rwanda. This ARAP is in effect a Compensation Action Plan detailing the modalities that will be employed in compensating the identified PAPs for the loss of their crops, tress and land due to the acquisition.

5.0 DOCUMENTATION OF HOLDINGS AND ASSETS Electrogaz through the UERP/PCU engaged the local community leaders in the area in discussing the compensation process. Using qualified land surveyors and valuers, UERP/PCU has already undertaken a complete and detailed inventory of all the crops of the PAPs and the land to be acquired including total land holdings and any necessary personal information of the same. The UERP/PCU with the assistance of the EA is developing a database for keeping all this information including the relevant signed records and copies. The table below provides a full census of the 5 PAPs including the household head, other adults and children as well as assets. The PAPs do not reside in the land that is targeted for acquisition. They live in the Kigali city and use the land for crop cultivation in the meantime.

Table 1 Household-Names Description

KABAKA François Régis (Household Head)

NDAHIRO Emmanuel (Household Head)

HELENA Rebeka (Household Head)

NYIRAZUBA Flavia (Household Head)

Number of children

5 children 7 children 7 children 1 child

Number of adults

1 wife 1 wife Widow Widow

Assets He has 1.5 ha of land, 1 house at KICUKIRO city, 1 car, and different equipments and assets in the house

Has 3 ha of land and 2 forests, 1 house, different equipments in house, one truck of 5 tonnes

Resides in Burundi Has 1 ha of land, 1 commercial building for rent at Remera

Current job Head of one department in an insurance company (SOLAS)

He’s a business man in the construction industry and supplies construction material makes and sells cooked bricks

She’s a businesswoman: She sells different things at Remera market

Household Name(INEMWENYEWE Jean Bosco) Number of children 6 Children

Number of adults 5 including wife Asset Owns land in Kigali Current job Business man

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Shelter The land to be acquired from these 5 PAPs does not include any shelter for human or livestock. This is because the owners do not dwell in the parcel of land. They all dwell in the Kigali city where they own or rent houses and only utilize the land at the Jabana site for cultivation of crops and trees. The PAPs as indicated in the census table above own property and other parcels of land elsewhere within the city and in this regard the percentage of land loss per family as a result of this acquisition is approximately 20% considering the other pieces of land that they possess elsewhere.

5.1 Magnitude of expected loss The magnitude of expected loss of the land to be acquired can be termed as fairly moderate in significance in terms of economic or physical losses this is because physical displacement will not occur and the economic loss from cultivation of crops will be negligible compared to the general income of the PAPs.

5.2 Information on vulnerable groups or persons NYIRAZUBA Flavia one of the PAPs can be categorized as vulnerable because she is a widow heading a household and as such requires special provisions. Before the concluding the land acquisition deal, detailed discussions were held specifically with her to determine of by possessing her land, the project would make her vulnerable. She indicated that she would have sold the land anyway with or without this project and was comfortable conducting business in town and was thus able to fend for herself and her single child with ease. HELENA rebeka is also categorized as vulnerable PAPs because she is a widow having lost her husband (Augustine Mwenyewe) recently. Helena resides in Burundi where she is undertaking various businesses ventures left behind by the husband and currently she has no plans of returning back to Rwanda.

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6.0 VALUATION OF AND COMPENSATION FOR LOSSES

6.1 Calculation of Land Compensation Rate The total land that will be acquired by Electrogaz for the construction of the 20MW plant is 3.59ha. This land measurement was undertaken by the District office of Gasabo-Land Valuation Department who were hired by the UERP for this work. The measurements were done in the full presence of the PAPs who were informed in advance that the measurement process would occur at such a date. The staff of Gasabo district acted as witnesses during the measurement and valuation process of this land.

Plate 2. Photo of trees and crops in the proposed site

6.2 Land Measurements/Valuation The total size of land to be acquired according to the measurements taken and verified is 3.59 ha. The individual parcels of lands which have been identified for acquisition and which combined together makes this total figure is tabulated below: Table 2

Name Land

Size(ha)

Unit of

Measurement

Price per

Unit(RFW)

Total

Price(RFW)

Home of Hope

Rwanda

1.66 Ha As per the amount

used to

compensate the

former two

individuals land

owners

16,147,767.

NDAHIRO Emmanuel 6,642.9 s Square Metres 1,500 5,406,750

KABAKA Francois Regis 3,604.5 Square Metres 1,500 9,964,350

NYIRAZUBA Flavia 19,194.5 Square Metres 1,500 28,791,750

HELENA Rebeka 6,426. Square Metres 1,500 9,639,000

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The process of taking measurements of the land to be acquired by Electrogaz was done in full presence of the PAPs and thereafter verification was done to ensure agreement in sizes recorded. The PAPs were informed of the day that the land measurement would be done and informed to be present on that day. The unit of land measurement was done in m2 and later converted into hectares. After the measurements, the PAPs were told to verify the same and eventually signed a document indicating that indeed the size of land measured is correct. One “land owner” Mr. INEMWENYEWE Jean Bosco (It was later discovered that he was not the actual land owner instead it was the elder brother’s land) was not satisfied with the results of the land measurements and for this reason, the UERP/PCU allowed him to procure the services of a private professional land valuation firm in Rwanda to undertake a repeat valuation of his land. The private land valuation firm confirmed the same results as those found by the Gasabo district office thus bringing this dispute to rest. Figure 1. Map Of Project Site Showing The Different Sizes Of Land Owned By The Project Affected Persons

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6.2.1 Roles of the UERP/PCU during Land Measurements The UERP/PCU played an oversight role in monitoring and ensuring that the process of surveying the land was done in an open and transparent manner and in the presence of all the PAPs. The UERP/PCU 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 these meetings.

6.2.2 Roles of the PAPs during Land Measurements The primarily role of the PAPs during the process of measuring the 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.

6.2.3 Roles of the Gasabo District Officials during Land Measurements The Gasabo District Land surveyors were contracted by the UERP/PCU to undertake measurements, survey and valuation of land targeted for the construction of the thermal plant. The role of this department was to take physical measurements of the land in the presence of the PAPs and UERP/PCU and to demarcate the size of land to be acquired and determine parcel of land owned by each of the 4 PAPs. The department then produced a map highlighting the total size of land to be acquired which it then submitted to the UERP/PCU.

6.3 Compensation for Land The Gasabo District office then valued the land in accordance with the existing land rates and then negotiations were held in full presence of the PAPs. The existing land compensation rate presented by the district of Gasabo officials is 200.00 RFW per square metre. This is the official compensation rate that the office of land in the district of Gasabo offered to the PAPs as compensation for their land according to the Government of Rwanda statutes on land acquisition. The new law on land ownership provided by the MINITERE especially on 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 best price for their land after being made aware of the current existing market land rates. However, the UERP/PCU regarded the 200 RFW compensation proposed by the Gasabo District office as too low a value for the PAPs. UERP/PCU then negotiated with the 4 PAPs and agreed upon a rate of 1,500 RFW per square metre for the 4 individuals. This was the same amount of compensation that the UERP/PCU offered to the PAPs affected by the construction of the Birembo substation which is another UERP project. The negotiations held also agreed that Home of Hope Rwanda would be given back the exact equal amount of cash that they used to acquire the land from the 2 initial land owners. To show proof of the exact amount of cash that they paid, Home of Hope Rwanda provided copies of bank cheques deposits to the accounts of the previous 2 PAPs as evidence.

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The land owners/PAPs were therefore compensated for loss of land at the above rates. The PAPs have been informed of how this calculation for compensation has been done and it has been agreed that compensation to the PAPs will be in cash. The PAPs have already appended their signatures willingly and in the presence of the local government authorities on documents prepared and that show how much parcel of land they own that will be acquired and how much that will translate into cash based on the current land valuation rates. According to COTRAPETO, a private firm undertaking valuation of land and houses that was requested to provide current land rates for Jabana area, the cost price for land is 1,000 RwF per square metre. This implies that the UERP still was able to offer better cash compensation rates to the PAPs that are way above the current market rates. The table below shows the total land compensation cost that was paid by UERP to the PAPs upon successful negotiation and agreement.

Total Land Compensation Table 3

Name Land Size(ha)

Unit of Measurement

Price per Unit(RFW)

Total Price(RFW)

All PAPs 3.59 Hectares 53,801,850

6.4 Compensation for Initial Topographic Survey The negotiations between UERP/PCU and Home of Hope Rwanda agreed that compensation shall cover incurred costs for the topographic survey initially performed by Home of Hope Rwanda totaling 500 USD on the land. See annex section for attached documentation of communication from Home of Hope requesting for this compensation.

6.4.1 Assistance in Acquiring another Land-Home of Hope Rwanda The UERP/PCU has also already provided assistance to the Home of Hope Rwanda in identifying another piece of land for establishing the school and children’s home.

6.5 Calculation of Crops Compensation Rate The crops that exist in the project area belong to the 2 households who had been previously compensated for the land and crops including trees at that point in time. For this reason, they will not be compensated for the crops and have been informed to commence preparations to harvest the crops before the construction begins. The initial land clearing and excavation will begin in areas where there are no crops to provide room for the households to harvest their crops in time. However, the other 4 PAPs will be compensated for the crops found in their land. The valuation team undertook an assessment of the crops present in the area. The tables below tabulate the crops found in the land owned by the 5 PAPs.

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Table 4

Name Crops/Trees Quantity Price per

Unit(RFW)

Total

Price(RFW)

NDAHIRO

Emmanuel

Eucalyptus 36.04 66,000 2,378,970

KABAKA

Francois

Eucalyptus 66.42 66,000 4,383,720

NYIRAZUBA

Flavia

Eucalyptus 191,945 66,000 12,668,370

Mangoes 5 pieces 5340 26,700

Small mango

tress

20 pieces 2670 53,400

Eucalyptus 50 pieces 6000 300,000

Grevillea 10 pieces 6000 60,000

Sorghum 3123 Sm 200 642,600

Guava trees 20 pieces 5340 106,800

Bamboo trees 2 pieces 6000 12,000

*Imikindo 2 pieces 6000 12,000

Jacaranda trees 2 pieces 3000 6,000

*Ibiziranyenzi 50 pieces 1200 60,000

HELENA Rebeka

*Imibirizi 10 pieces 1200 12,000

Napier Grass 1620 500 810,000 INEMWENYEWE

Jean Bosco Sorghum 3123 Sm 200 642,600

*Imikindo, *Ibiziranyenzi, *Imibirizi- These are local tree species and have been presented in the local language because at the time of writing this report, their names in English was not known.

Total Crop Compensation Table 5 Name Crop/Trees Total

Price(RFW) All PAPs Various Crops and Trees 21,532,560

6.5.1 Calculation for Crop Compensation Calculation for the compensation of the crops was done by valuing the size of land for which these crops were planted and then using the known market crops rates as compensation. Compensation of trees was undertaken by counting the number of trees and then compensating each piece of tree using the existing market rates for such trees. Market rates for the crops and trees were derived from the Ministry of Agriculture (MINAGRI) average monthly rates for crops in the local market.

6.5.2 Total Cash Compensation Payment of cash compensation for lost assets was the only option implemented in this ARAP. This is because of 2 reasons namely;

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• During the consultation and negotiations with the PAPs, there was a tremendous preference demonstrated by the PAPs towards cash based compensation.

• Secondly in view of the fact that the livelihoods of the PAPs are not entirely land-based and the land taken for the project is a small fraction of the affected asset and the residual is economically viable; (b) active markets for land, housing, cash compensation was considered to be sufficient to replace the lost land and other assets at full replacement cost in local markets.

The total amount of money to be compensated for the acquisition of land from the Home of Hope Rwanda is therefore RWF 16,147,767. An additional US Dollars 500 approximately RWF 275,000 was given to Home of Hope Rwanda for the topographical survey that had been initially done by the organization. The total amount of money that has thus been given as compensation to Home of Hope Rwanda is RWF 16,422,767. The total compensation for land acquisition and crops for the 5 PAPs is RFW 75,334,410. The overall and total compensation for all the PAPs is RFW 91,757,177 and this entire amount has been paid through different cheques to the PAPs. See annex section for copies of transmitted payments.

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7.0 Notification/Institutional Responsibility for Implementation and Procedures for Grievances The UERP/PCU and Electrogaz notified the PAPs and the relevant ministries and departments of the intention to acquire the plot in the project area to construct a new thermal power plant well in advance to kick off the negotiations.

7.1 Consultation with PAPs. Regular consultation and meetings have been held and attended by the Executive Committee of Home of Hope Rwanda, the 4 land owners, UERP/PCU, Electrogaz, REMA, Office of the Mayor in Gasabo District and the 2 household members.

7.2 Grievance Redress Mechanism The office of the mayor for the Gasabo District and the Good Governance office at the district level are the acknowledged institutions for which the PAPs have been made aware of as avenues for expressing discontent and disapproval to the resettlement and compensation process. Further to this the PAPs have been informed that should these two institutions fail to offer them satisfactory redress then the highest judicial institution in Rwanda (Rwanda-High Court) provides an avenue for appeal and hearing.

7.3 Arrangements for Monitoring and Implementation schedule The construction works for the thermal power plant is planned to start in October, 2007. It mainly includes such works as excavations, stripping of the earth, clearing of vegetation, fencing of the site etc. The table below illustrates the compensation implementation plan and responsible institutions that are expected to oversee the implementation.

Activity

Responsible Institution

Date of execution

Indicators Cost (RfW)

Compensation for the land and crops available in the proposed project site

UERP/PCU, Electrogaz, EA, Gasabo District Office of the Mayor

Before the construction begins in October 2007. Already undertaken

Availability of signed contracts and agreements by PAPs for compensation

91,757,177

Communication to PAPs on the due/target date for commencement of and completion of construction activities

UERP/PCU, Electrogaz, 4 months before the construction begins in October 2007. This has already been done. Already undertaken

Minimal-Factored in UERP/PCU budget

Communication on the dates of possession of PAPs land

UERP/PCU, Electrogaz, 4 months before the construction begins in October 2007. This has already been done.

Number of complaints from PAPs

Minimal- Factored in UERP/PCU budget

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Documentation of Holdings/Assets through the completion of a compensation dossier of PAPs in writing

Electrogaz through UERP/PCU, Gasabo District Office, and EA and to be endorsed /confirmed and witnessed by land authorities PAPs.

Already undertaken Availability of a database on PAPs by UERP/PCU

Minimal- Factored in UERP/PCU budget

Communication and explanation of all the types of compensation to PAPs.

Electrogaz, UERP/PCU, EA, Already undertaken Minutes of communication on types of compensation.

Minimal- Factored in UERP/PCU budget

Agreement on Compensation and Preparation of contracts which will be signed in presence of land authorities and PAPs.

Electrogaz, UERP/PCU, Gasabo District, Office of the Mayor

Already undertaken Availability of signed agreements and contracts.

Minimal- Factored in UERP/PCU budget

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8.0 AGREEMENT ON COMPENSATION AND PREPARATION OF CONTRACTS. The UERP/PCU has already drafted agreement for the compensation for the land acquisition and crop and prepared a contract for payments to Home of Hope Rwanda and the 5 PAPs. The UERP/PCU before compensating the PAPs explained to the PAPs what will be compensated for in cash that has already been wired in the bank accounts of the PAPs. See annex section for copies of cash transfer documents. UERP/PCU has also drawn a contract containing all this information and compensation to be made in the presence of the Home of Hope Rwanda, the 5 PAPs and officials from Electrogaz and representatives from the local district administration. The Annex section shows minutes resulting from the negotiations amongst Home of Hope Rwanda, the 5 PAPs and UERP/PCU as well as evidence of agreements and payments made after agreement being reached by both parties.

8.1 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. 8.2 MONITORING AND EVALUATION Monitoring and evaluation of the ARAP will be carried out during the whole process the compensation to ensure that the objectives are met and ensure that successful implementation of the ARAP occur. The monitoring and evaluation will involve both the internal and external monitoring. Internal monitoring will be carried out by the UERP/PCU, assisted by the Safeguards Advisor, to ensure that all of the responsible implementing agencies follow the schedule and comply with the principles of the ARAP. For proper supervision, UERP/PCU will engage the safeguards advisor to undertake supervision, monitoring and evaluation for the Project. The UERP/PCU will through the assistance of the safeguards advisor develop an internal monitoring framework to supervise the compensation activities. The UERP/PCU Project office will maintain the basic database of crop compensation. The local district office at Gasabo will act as independent monitoring facility and will verify that the compensation process has occurred and followed the due process stipulated in the ARAP.

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9.0ANNEX

9.1 ANNEX A. List of Persons Met • Mrs. HAJABAKIGA Patricia: Secretary of state in the MINITERE

• MASHINGA Theobald: Director Compliance REMA

• Claudine NYINAWAGAGA Mayor of Gasabo District

• GAKUBA Felix : Project Manager/Coordinator of the UERP

• Jean Pierre Mutsinzi Previous UERP/PCU Manager

• Mr Kimenyi, Executive Secretary of Jabana Sector

• Mr Hussein Technician from Gasabo District

• KANYAMUHANDA Jean: Responsible of the Development of the sector of Transportation in the MININFRA

• Mr Charles KANYAMIHIGO Director of Electricity Department/ELECTROGAZ

• Ms.Jeanne-Isabelle GASANA Financial Manager/UERP-PCU

• Mr Gérase NGIRABABYEYI Procurement Officer/UERP-PCU

• Mr. Kimenyi Burakari Onesmu Executive Secretary of Jabana Sector

• Mr. Elroy Pankratz Word of Life

• Mr. SHEMA G. Charles Legal adviser of Word of Life

• Mr. Ntagora Emmanuel Pastor of Word of Life Jabana

• Mr. Nshimiyimana Stephen Assistant Pastor of Word of Life

• Mr. Muhorane Alain Accountant of Home of Hope Rwanda

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9.2 ANNEX B. Minutes of the meeting relating to the Jabana plot where Electrogaz plan to install the 20 MW thermal power plant.

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27

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9.3 ANNEX C.Copies of cheques transmitted for compensation to the PAPs.

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30

31

32

33

34

35

36

37

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9.4 ANNEX D. COMPENSATION TO REBEKA HELENA

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40

41

42

43

44

45

46

47

48

49

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Annex E. Records showing payment by Home of Hope Rwanda to previous PAPs.

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52

53

54

55

56

57

58

59

60