PROJECT : BURUNDI - RWANDA INTERCONNECTION OF ELECTRICITY GRIDS PROJECT

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1 Language: Original: English French PROJECT : BURUNDI - RWANDA INTERCONNECTION OF ELECTRICITY GRIDS PROJECT COUNTRY : MULTINATIONAL (BURUNDI RWANDA) SUMMARY OF THE RESETTLEMENT ACTION PLAN Date : AUGUST 2018 Project Team Team leader Humphrey N. RICHARD Moussa KONE Team Members Anita NUGU Mamadou DIOMANDE Abdoulaye TANDINA Gisèle BELEM Jin Jason SEUNG-SOO Acting Division Manager RDGE Electrical Engineer, Consultant Procurement Specialist, Consultant Financial Management Specialist, Country Programme Officer Environmental and Social Safeguard Specialist, Consultant, Financial Analyst, Consultant RDGE SNFI RDGE COBI 7214 SNSC 5749 RDGE Interim Division Manager Humphrey N. RICHARD RDGE Resident Representative Daniel NDOYE RDGE Deputy Director General Nnenna NWABUFO RDGE Director General Gabriel NEGATU RDGE Sector Director Batchi BALDEH PESD 4036

2 SUMMARY OF THE COMPREHENSIVE RESETTLEMENT PLAN (CRP) Project Title: Transmission line (110/220 kv) Kigoma- Butare- Ngozi-Gitega SAP code: P-Z1-F Country : BURUNDI Category: 1 Department : RDGE Division RDGE-1 1. INTRODUCTION This document summarizes the Comprehensive Resettlement Plan (CRP) of the Electricity Interconnection Project linking Rwanda (Kigoma-Butare) to Burundi (Ngozi-Gitega). The interconnection of Burundian and Rwandan electricity grids by connecting the Gitega, Ngozi, Butare and Kigoma localities is part of the Nile Equatorial Lakes Subsidiary Action Programme Interconnection of Electric Grids Project known by its English acronym NELSAP. The total planned length of the kv line is km, comprising 61.5 km in Rwanda and 79.2 km in Burundi. The building of two new transformer substations and the expansion of two existing ones is also planned. In accordance with the African Development Bank (AfDB) Group s Integrated Safeguards System (ISS) and national regulations, the project has been classified in Category 1 due to its nature, the number of people affected by the line corridor, and the land required for the construction of the new sub-stations. An ESIA was prepared in 2012 to cover the entire project in both countries. However, following the suspension of cooperation by the Federal Republic of Germany with the Republic of Burundi in June 2015, KfW withdrew from the Project on the Burundian side, while the project's preparation and implementation were pursued on the Rwandan side. Subsequently, the Environmental and Social Management Plan (ESMP) for the Burundi project was updated in 2017, without data of the bio-physical and socio-economic environment being updated. In addition, two Resettlement Action Plans were prepared in 2017 for Rwanda and Burundi. Burundi's was developed on the basis of the 2015 census and inventory data. Following the AfDB s recent involvement in the project, including financing the Burundian section of the line, the Bank has requested and financed ESIA, ESMP and CRP updates for the Burundian party, to get the documents comply with ISS requirements. In the case of the CRP, the main objectives were to update census and inventory data and to identify livelihood improvement activities. This CRP summary was prepared in accordance with ISS requirements. It presents the project s impacts in terms of resettlement as currently identified, outlines the resettlement principles and arrangements as well as compensation and resettlement activities for people affected by the project, identifies activities for the improvement of the livelihoods of vulnerable people and establishes a rough budget and indicative implementation schedule. 2. PROJECT RATIONALE AND DESCRIPTION 2.1. Project Rationale The proposed Kigoma-Butare-Ngozi-Gitega 110/220 kv transmission overhead line between Rwanda and Burundi is part of the NELSAP regional transport programme that aims to link five countries in the Nile Equatorial Lakes region, namely Burundi, the Democratic Republic of Congo (DRC), Kenya, Rwanda and Uganda. With regard to the line that is the subject of this project, the general objective is to contribute to efforts at improving the population s livelihood as well as the quality of the economic and social development framework through the increased availability of electrical energy at affordable cost. 2

3 The project is in line with priorities set out in the Country Strategy Papers for Burundi and Rwanda. This refers to Burundi's Strategic Framework for Growth and Poverty Reduction, which remains effective because the crisis situation has not allowed for the adoption of a new strategic framework. For Rwanda, it is the Second Economic Development and Poverty Reduction Strategy (EDPRS II). The development of energy infrastructure is one of the pillars of the national strategies of both countries. Indeed, Burundi and Rwanda face major economic and social development challenges resulting from various constraints, including the structural deficit and very high energy costs, among other things. Electricity access rates in both countries are low, at about 10% in Burundi and 30% in Rwanda in The Burundi-Rwanda Interconnection Project is one of the priority integration projects that will optimize the use of energy resources by integrating production and transmission infrastructure in the East African region Project Description In Burundi, this will involve (i) constructing a 220 kv line from the Rwanda/Burundi border to Ngozi (Mwumba Municipality) and Ngozi to Gitega (single phase); (ii) constructing a 220/30 kv sub-station at Ngozi and integrating it with the existing 30 kv distribution network; (iii) expanding the 110 kv Gitega sub-station by installing a 110 kv busbar and two additional 110 kv feeders at Ngozi; and (iv) integrating the line with the Bujumbura grid control centre. In Rwanda, it will consist in (i) constructing a 220 kv line from Kigoma to Butare, and from Butare to the Rwanda/Burundi border (single phase); (ii) expanding the existing 110 kv sub-station in Kigoma; (iii) building a 220/30 kv substation in Butaré and integrating it with the existing 30 kv distribution network; and (iv) integrating the line with the Kigali grid control centre. The total length of the transmission line to be constructed is about km (79.2 km in Burundi and 61.5 km in Rwanda). The project will include the following components: A. Construction of Transmission Line Lines Substations B. Project Management Functioning National Project Implementation Unit; Works control and supervision; CRP implementation (including Information-Education-Communication (IEC) campaigns); and Financial audit. 3

4 Electricity transmission line between Rwanda and Burundi The project s different components are as follows: Route The transmission line will be designed as a line with a 220 kv circuit, initially operated with only 110 kv, and subsequently upgraded to 220 kv. The length of the planned transmission line will be km, with 61.5 km of the line corridor in Rwanda and 79.2 km in Burundi. These are the Kigoma-Butare section (44.6 km) and the Butare-Burundi border section (16.9 km). On the Burundian side, the transmission line includes the Ngozi-Gitega section (62.7 km) and the Rwandan border-ngozi section (16.5 km). Right-of-way The transmission line s right-of-way is a strip of land used by power utilities to build, operate, maintain and repair transmission line facilities. The right-of-way must generally be free of unauthorized structures that may interfere with a power line. As the line will eventually be upgraded to 220 kv, a 30-meter right-of-way has been defined, in accordance with national guidelines, fifteen meters on each side of the centre of the line. The right-of-way will also serve as a security buffer. This land will remain the property of its current owners. Agricultural activities will be allowed in the right-of-way, with the exception of trees for commercial purposes over 5 meters high that may interfere with power lines and maintenance activities. Pylons The pylons will consist of corner pylons, which are required when the transmission line changes direction, and alignment pylons to support the line between corner pylons as required, depending on the topography. The pylons will vary between 30 m and 40 m in height, depending on the landscape and type of pylon. The maximum area required for the permanent procurement of each pylon (foundations) will be 100 m² (10 m x 10 m) per pylon. 49 pylons are planned in Rwanda and 54 in Burundi. 4

5 Sub-stations In Burundi, the new Ngozi (Vyegwa) sub-station will be constructed and positioned near the existing industrial area, covering an area of 2.5 ha. The chosen site is located on land allocated to REGIDESO by the Urban Planning Department. The connection in Gitega will be provided through the existing 110 kv sub-station, which will be rehabilitated and expanded for this purpose. The exact extent of the Gitega sub-station extension has not been designed in detail, but should be about 3 ha. The land already belongs to REGIDESO. No homes will be affected. Access Roads and Borrow Site Access roads and material borrow sites will be required. For roads, some will be required on a temporary basis for construction, and others on a permanent basis to facilitate access for maintenance and inspection purposes. Existing borrow sites could be used, but it may also be required to open new sites. The identification of the location and detailed design of access roads and borrow sites will be done by the works Contractor Project Area of Influence Socio-economically, the study area in Burundi covers the central part of the country and crosses the Ngozi, Kayanza and Gitega provinces. The bio-physical study area covers the line corridor and substation sites and their immediate environment. Socio-economically, the study area in Rwanda is located in the southern province, which extends from Kigoma in Ruhango District to Gisagara District (Burundi border). It crosses the Ruhango, Nyanza, Huye and Gisagara districts. In Burundi, the study area covers the central part of the country and crosses the Ngozi and Gitega districts. The municipalities concerned are Mwumba, Ngozi (Ngozi Province), Muhanga (Kayanza Province), Mutaho, Bugendana, Giheta and Gitega (Gitega Province). Administrative Map of Burundi Line Route in Burundi 5

6 The provinces and municipalities concerned by the project are presented in the following table. These municipalities include 42 hills and 78 sub-hills. Provinces and Municipalities Crossed by the Line Province Municipalities Ngozi Mwumba Ngozi Kayanza Muhanga Gitega Mutaho Bugendana Giheta Gitega The project is located in the most populated area of Burundi. The table below presents the demographic situation in the 4 municipalities crossed by the power line. Demographic Situation in the Study Area Municipalities Population Total Density (per km 2 ) % of men % of women Mwumba 80, Ngozi 121, Muhanga 64, Mutaho 68, Bugendana 108, Giheta 78, Gitega 134, POTENTIAL SOCIO-ECONOMIC IMPACTS 3.1. Projected Works The following works are likely to generate negative and positive impacts on the project's host environment. Clearing the right-of-way and access roads: removal of shrubs and cutting of trees over 5 meters in height in the 30-meter corridor will be required. Additional clearing beyond that may be required for access roads during construction to accommodate the transportation of building material and personnel from the nearest road position to the transmission line corridor. Erection of pylons: 30- to 40-meter steel lattice towers will be erected at regular intervals of 300 meters to support overhead conductors. Each steel pylon will be supported by 4 concrete foundation slabs measuring 2 x 2 m x 2.5 m deep; the total size of the pylon shall not exceed 100 m 2 (10 x 10 m). Construction of sub-stations: The expansion of the Kigoma sub-station will cover about 2.5 hectares while the construction of the Butare sub-station will require an area of 2.75 ha. On the Burundi side, a new substation will be built in Ngozi, near the existing industrial area, covering an area of 2.5 ha. The Gitega sub-station will be rehabilitated and expanded and the Kigoma sub-station will be expanded. 6

7 3.2. Resettlement Reduction Measures Burundi and Rwanda have high population densities with 350 and 285 inhabitants per km 2 respectively in Rwanda and Burundi in Given this context, one of the project s main objectives was to mitigate resettlement impacts through an analysis of routing and design alternatives based on this objective. Pylon Design In order to implement the proposed project, the highest priority has been given to minimizing the necessary resettlement activities. As a result, a pylon design with all conductors arranged at the same level was rejected. This type of pylon would require a wider hold with consequences for resettlement. The type of pylon selected has a three-level conductor with the shortest possible arms crossed to minimize the required right-of-way. These pylons will be between 30 and 40 m high, depending on the landscape structure and type of pylon (e.g. the tension tower). The dominant reach would be about 300 m. For the total length of the km line, approximately 460 pylons will be required. The vertical clearance of the proposed line in relation to the roads will be 9 m and 8 m for pedestrian areas. The minimum clearance for overhead lines will be 5 m and 4.5 m for telecommunication lines. Choice of Conductors 2 x 240/40 steel-reinforced aluminium (ACSR) conductors will be used in place of 1 x 570 ASTER AAAC (All Aluminium Alloy Conductor) heavy conductors. The latter would require much heavier machines for stringing, which would result in wider access roads and improved bridges, etc. This would affect the extent of resettlement activities as dwellings are often very close to roads. Choice of the Transmission Line Route Five technical alternatives for the Rwanda - Burundi interconnection were studied: Variant 1: Kigoma (Rwanda) - Rwegura (Burundi), direct connection, no intermediate substations; Variant 2: Kigoma (Rwanda) - Butare (Rwanda) - Rwegura (Burundi), direct connection to the Butare substation in Rwanda; Variant 3: Kigoma (Rwanda) - Butare (Rwanda) - Ngozi (Burundi) - Rwegura (Burundi), with substations in Butare and Ngozi, Bujumbura is not inside the 110/220 kv ring; Variant 4: Kigoma (Rwanda) - Butare (Rwanda) - Ngozi (Burundi) - Gitega (Burundi), with substations in Butare and Ngozi, Bujumbura inside the 110/220 kv ring; Variant 5: Kigali Airport (Rwanda) - Kigoma (Rwanda) - Butare (Rwanda) - Ngozi (Burundi) - Gitega (Burundi), with substations in Butare and Ngozi, Bujumbura inside the 110/220 kv ring. The variants involving Rwegura would require crossing the Kibira National Park of which about 16% consists of primary tropical mountain forest and lies adjacent to two large tea plantations, one in Teza and the other in Rwegura. Moreover, the forest s sacred nature, even before the colonial period, contributed to its conservation. Therefore, it was decided not to cross such a protected area (variants 1 to 3). The extension of the line to the Kigali airport sub-station (variant 4) has been postponed; this substation does not yet exist. Finally, the interconnection variant from Kigoma to Gitega via the Butare and Ngozi sub-stations was selected. 7

8 Location of Sub-stations For the Ngozi sub-station, various possible sites were studied. A first option, 1a, had to be rejected because the site is an old cemetery. Recently established graves were found near this site. Option 1b was identified as the more feasible option. The site is very well connected to a large road that can also be plied by large trucks. It is partly covered by eucalyptus trees of little ecological value and does not require resettlement as the site is occupied by government facilities Positive Impacts During the works and in the operational phase, one of the main positive expected outcomes is the creation of about 50 jobs in the construction phase, 35 of which are semi-skilled, and 5 in the operational phase. Construction work will also contribute to the transfer of skills to local workers. In addition to direct jobs, the presence of the site will result in the supply of different goods and services for the needs of workers. In the operational phase, the project will supply electricity to about 720,000 people in targeted rural and urban areas by 2025, which will help to improve the well-being of beneficiaries, create conditions for increased income-generating activities and improve the quality of public services (health and education) in the communities served Negative Impacts From a socio-economic perspective, the project could disrupt communities in the following areas: The physical and economic resettlement of people located in the 30-meter transit corridor of the transmission line and on sites targeted for sub-stations; The quality of life, health and safety of residents and employees during the works; Social cohesion in view of potential tensions between workers and residents, disruption of women's livelihood activities and friction associated with resettlement; Cultural heritage with the possible disruption of sites that are unidentified at this stage; and Temporary degradation of the landscape during the erection of pylons. In terms of resettlement, the project will result in temporary and permanent land acquisition and access restrictions. The release of the line right-of-way will result in temporary losses as well as access restrictions during the works, while the erection of the pylons and the construction of permanent substations and access roads will result in permanent occupation of land. The works will result in physical displacement and economic loss for 1,561 households totalling 6,712 people in the seven municipalities crossed by the project, as detailed in the following table. Summary of project impacts Project Component Right-of-way of the transmission line Angle of pylons Potential Impacts Loss of residential structures Duration of Impact Permanent 121 Loss of crops Temporary 625 Loss of ancillary structures Permanent 196 Loss of commercial trees Permanent 843 Loss of residential structures Permanent 3 Loss of land Permanent 53 Number of Households Affected in

9 Substations Loss of crops Permanent 22 Loss of residential Permanent 0 structures Loss of land Permanent 1 Loss of crops Permanent or 0 temporary Overall, according to the census and inventories conducted in 2018, the project will have the following impacts: Total number of households affected: 1,561 Total number of people affected: 6,712 Number of households requiring physical relocation (loss of principal residence): 124 Number of ancillary structures affected (kitchens, toilets, animal pens, etc.): 196 Number of households that will permanently lose land: 53 Number of households that will lose more than 20% of their total productive farmland: 2 In the course of updating census and inventory data in July 2018, the main observation is the reduction in the number of houses affected in the line corridor from 168 to 121. Overcrowding in the project area leads to rural exodus, with the outcome that many young people are looking for employment in other provinces, including in the capital Bujumbura. Young people who leave, abandon their homes built out of non-durable material. When they prolong their stay without maintaining their houses, the houses collapse and are, for the most part, not renewed. As for perennial crops, land and trees, there has not been much change. Overall, 196 structures are affected by the project. 121 can be considered primary residences, the vast majority being dwellings only, but also for combined commercial and accommodation uses (1) and others combined with kitchens (36). All other affected structures are ancillary structures including kitchens, toilets and livestock/poultry sheds, businesses (2) and a spiritual house (1). Prior to the project s implementation, in cases where the principal residence is not affected, it will be possible to move the ancillary structure outside the right-of-way. The census and inventories carried out in 2018 have made it possible to locate sections of the route that could be slightly displaced in order to further minimize resettlement. Lastly, periodic access required for the maintenance and inspection of the right-of-way and transmission lines could result in additional temporary loss of access and crop damage. Any maintenance contract should consider these potential periodic losses and the risk of unforeseen damage to crops outside the right-of-way during construction. These losses will also have to be compensated. 4. LEGAL AND INSTITUTIONAL FRAMEWORK 4.1. National Legal Framework on Land and Resettlement The Constitution of Burundi The 2018 Constitution provides that every person has the right to property, guarantees equal rights and equal protection to all Burundians, regardless of sex. Article 36 of the Constitution further provides that "no one shall be deprived of their property except in the public interest and in the cases and manner prescribed by law, subject to fair compensation and prior judgement having the force of res judicata." 9

10 The Land Code of the Republic of Burundi (1986) According to the Land Code of the Republic of Burundi, Law No. 01/008 of 01/09/1986, land is held as public land (public and private property). Rural land falls under customary tenure and urban land under lease. The State has an important right to the management of national land ownership for the public interest in order to ensure economic and social development according to the law. The State provides for specific laws on land management and real estate investment for certain land categories or specific areas. The private domain of the government is land that the government can offer for a project or that it can offer of its own free will. The public domain of the government includes national parks, reserves and other lands held in trust by the government and is not usually subject to project allocation. When resettling vulnerable people, the government allocates land from its private domain. The Land Code also provides for resettlement procedures. Estimates are usually made by a Commission composed of the three main Ministries of Lands, Agriculture and Infrastructure. Monetary or physical (in kind) compensation must take place before a person eligible for compensation can move. Where compensation is in kind or land-for-land, the Ministry of Lands continues to be involved in the process, since the duty to determine land for resettlement falls under its purview. The law provides that affected persons must receive land of the same size as acquired land. In cases where the acquired land is located in an urban area, the value of the land is considered and a land of proportional value is allocated to the affected person. When the compensation is monetary, the role of the land authorities ceases at the estimates stage. Local authorities are responsible for monitoring the progress of monetary compensation. Minimum compensation amounts are set for different ministries. If it is a government project, the ministry responsible for the environment will be responsible. If the compensation is paid for land in a rural area, the Land Management Directorate is in charge and if the resettlement takes place in an urban area, the Urban Development and Housing Department is responsible. Land Code of the Government of Burundi (2011) Law No. 1/13 of 9 August 2011 to amend the Land Code of Burundi resulted in the "new Land Code." It brought major changes to the previous one of The main objective of the Land Code amendment was to secure land resources. It thus provided for the formalization of non-written rights, as well as the safeguard and regularization of written land rights. The text sought to reconcile the legitimacy of land tenure practices by local actors with the legality of legislative and regulatory texts. This legal framework aimed to regulate land conflicts burdening Burundi and contribute to peacebuilding. This amendment also aimed to clarify the status of various lands and define the different statutes, principles and legal regimes governing them. The new Code modernized the land law and introduced better consideration for special status lands like swamps and peasant farms. Lastly, it was intended to strengthen decentralized land management and make it accessible to the entire population: for example, the land certificate issued at the municipality (at a low cost) will serve as a land security document. Other novelties include the possibility of obtaining land by foreign natural or legal persons, the authorities and competences in the allocation of concession or authorization to transfer state lands and the establishment of a National Land Commission. The land code recognizes public and private land. Under the law, all land that is not used is considered state land. Temporary occupancy rights are available on lands classified as private lands. The 2011 Land Code also recognizes the legitimacy of land rights acquired and held under customary law. Under customary law, land is usually owned individually and by households rather than by lineage. However, the Code also states that all rights claimed must be registered. Unregistered customary rights do not have the protection of formal law. 10

11 Provisional Statement of Public Utility (DPUP) The DPUP sanctions stages in the preparation and decision of expropriation. It is published and subjected to the appreciation of the population and the PAPs in order to obtain their adherence and involvement in all phases of the resettlement process. Expropriation Decree or Ordinance This decree sanctions all stages of damage assessment and acceptance by the project-affected people. It is posted in municipal offices and the ministry concerned and published in the Official Bulletin of Burundi. It will then be notified to interested parties through meetings with project-affected people to let them know their options, including their actions, whether or not they accept one of the options offered. The following scenarios may occur: In the event of acceptance: preparation of amicable transfer deeds, initiation of payment arrangements and schedule, and resettlement as provided for in the CRP; In case of refusal, application of procedures provided for in the event of disputes as specified in the CRP. The majority of these activities are the responsibility of the Government and take a minimum of two (2) months. Public meetings can be entrusted to an NGO for greater transparency and fairness. Expropriation of land is provided for in Article 407 and Ministerial Decree No 720/304 of 20 March This decree provides guidelines for compensation based on market value and land replacement Institutional Framework Responsibility for resettlement lies with the following ministries and organizations: Ministry of Environment, Agriculture and Livestock (MEAE): This Ministry, under the Directorate of Land Management, Rural Engineering and Land Protection, is responsible for land expropriation and resettlement in rural areas when land is not located in a wetland area. This Ministry is also responsible for land registration and titling. Ministry of Water, Energy and Mines (MEM): The MEM is the supervisory ministry of REGIDESO. Its mission is, among other things, to plan and supervise rural development actions through hydraulics and electrification; promote renewable energies; and provide planning, construction and management of water and energy infrastructure jointly with other relevant ministries. Water and Electricity Production and Distribution Directorate (REGIDESO): REGIDESO as the Water and Electricity Production and Distribution Directorate is controlled by the State. Its role is to ensure the production, transmission, distribution and marketing of electricity and drinking water in urban areas and rural centres. Implementation of the CRP for this Project will include a Project Implementation Unit (PIU) within REGIDESO, composed of Project Engineers and specialists from the Environmental and Social Department. Land Commission: Prior to implementation, the Land Commission assesses the compensations and reviews the CRP on the basis of public consultation outcomes for the budgeting of compensations. It is responsible for forwarding the finalized CRP to regional authorities (sector chiefs, hill chiefs) and the Minister of Finance for CRP approval by the Ministr(y)ies responsible for the project and the Ministry of Finance. Municipal Authorities: Municipal authorities in the project area are the coordinating bodies for resettlement activities. The municipalities will assist with the consultation of local stakeholders, review and sign all documents (compensation agreement, compensation request, reports, etc.), transfer compensation payments to PAPs, take overall responsibility for building the resettlement structures, and monitor implementation of the CRP. 11

12 Working Groups of the Municipality: To specifically coordinate resettlement activities, municipal intervention forces are created in each municipality. These include representatives of the various municipal departments such as property valuation, infrastructure, social affairs and the environment. They act as key implementing bodies for CRP activities at municipal level, in coordination with the REGIDESO Project Implementation Unit (PIU). They also lead the coordination of livelihood restoration programmes. Local Resettlement Committees: A number of Local Resettlement Committees (CLRs) are being established in the hills and villages. They are made up of municipal experts and community representatives, including land officials and agronomists, affected hill leaders, village leaders from affected villages, as well as at least three representatives assigned by the project to each village concerned; including at least one woman and one potentially vulnerable person. CLRs will participate in the compensation, valuation and signing process. They will play a role in resolving grievances at village level. They will participate in project monitoring and also play a key role in identifying potentially vulnerable households AfDB Operational Safeguard for Involuntary Resettlement Overall, the project s implementation must meet the requirements of the Integrated Safeguards System (ISS) through its five operational safeguards: Operational safeguard 1: Environmental and social assessment; Operational safeguard 2: Involuntary resettlement - land acquisition, displacement and compensation of the population; Operational safeguard 3: Biodiversity and ecosystem services; Operational safeguard 4: Prevention and control of pollution, greenhouse gases, hazardous materials and efficient use of resources; Operational safeguard 5: Working conditions, health and security. The other relevant Bank policies and guidelines remain applicable as soon as they are triggered under the ISS. These are mainly: Bank Gender Policy (2001) - Bank Group Strategy on Gender (2014); Framework for Enhanced Engagement with Civil Society Organizations (2012); Policy on Disclosure and Access to Information (2012); Handbook on Stakeholder Consultation and Participation in AfDB Operations (2001) The Bank's Population Policy and Implementation Strategy (2002); Environmental and Social Assessment Procedures for Bank Operations (2015). This CRP was prepared in accordance with the requirements of OS2. The specific objectives of this OS are to: (i) avoid involuntary resettlement as much as possible, or minimize its impacts when involuntary resettlement is unavoidable, after all alternative project designs have been considered; (ii) ensure that displaced persons are genuinely consulted and have the opportunity to participate in the planning and implementation of resettlement programmes; (iii) ensure that displaced persons receive substantial resettlement assistance, so that their standard of living, income-generating capacity, productive capacities, and overall livelihoods are improved beyond what they were before the project; (iv) provide clear guidance to borrowers on the conditions that must be met with regard to involuntary resettlement issues in Bank operations, in order to mitigate the negative impacts of displacement and resettlement, to actively facilitate social development and to build a viable economy and society. 12

13 4.4. Differences between OS2 and National Legislation A gap analysis was undertaken between national requirements and OS2 requirements, which led to the development of mitigation strategies for land access and resettlement. The analysis of the discrepancies between the OS2 requirements and national regulations shows divergences on a few points, including the following: Avoidance or minimization of resettlement: not considered by law, but required by OS2; The deadline for eligibility: it is not discussed at national level but must be set as required by OS2; Illegal occupants: not covered by legislation while OS2 advocates for resettlement assistance; Estimated value of land: rate fixed by regulation and valid for several years unlike the market value recommended by OS2; Livelihood improvement: not considered by law but required by OS2 especially with regard to vulnerable people; Monitoring and evaluation: not required by law but required by OS2. 5. STAKEHOLDER ENGAGEMENT 5.1. Stakeholder Engagement Plan (SEP) A SEP was prepared for the project and is being implemented. The objective of the SEP is to ensure that adequate information is provided to project-affected persons and other stakeholders in a clear and timely manner and that these groups have the opportunity to voice their concerns and opinions so that they can influence the project s decisions. The main stakeholders encountered as well as the communication activities carried out are presented in the following section. Community involvement and input in the decision-making process to date has been ensured through the mechanisms below. Initial Visits and Transect Walks Site visits were conducted all along the transmission line during the initial scoping and preparation for the ESIA, and included transect walks with community leaders and members. This contributed to the initial identification of stakeholders and potential impacts, while providing a first opportunity to raise awareness about the project. Meetings with Local Government Agencies REGIDESO, as the project promoter, organized meetings with the municipal authorities of Mwumba, Ngozi, Muhanga, Mutaho, Bugendana, Giheta and Gitega, as well as with local hill authorities to discuss project objectives, key impacts, questions and concerns. The role of municipalities and village committees in the land access and resettlement process was also explained. Public Meetings REGIDESO led the organization of public consultation meetings with local communities. The public consultations were held mainly during the following periods: During the project feasibility study in 2012; When developing the ESIA in 2012; When preparing the scope of the CRP in May 2015; 13

14 During the socio-economic survey in August - September 2015; During the public consultation forums and discussion groups in August 2015; and When updating the CRP, ESIA and ESMP in July-August 2018 The meetings of 2015 brought together a hundred people in Burundi in all municipalities crossed by the line. Additional consultations were conducted during the CRP update exercise in July These meetings were held with municipal administrators, sector service heads, hill chiefs and focus group consultations with affected people and surrounding communities. Finally, submission and validation meetings were organized by REGIDESO following the finalization of the ESIA and the CRP in August The 2018 meetings were held in Ngozi, Gitega, Muhanga and Ngozi, Bugendana and Kayanga and brought together about 100 additional people Concerns Expressed during Consultations The main issues and concerns raised to date are summarized in the following table: Concerns Raised during Public Consultations Themes Employment Compensation Resettlement Livelihoods and Community Development Rural Electrification Schedule Community Consultation and Cohesion Concerns Community expectations for a high level of employment, coupled with the fear that the limited local skill base will lead to exclusion. The employment of local youth is considered a priority. Concerns about the cash compensation estimates, which should be at prevailing market rates. Concerns about the impacts and appropriate compensation measures for economic and physical displacement. Concerns about loss of access to water points, schools, cropland and pastures. Community willingness to see rural electrification as a benefit of the project. Concerns about the project schedule and timing of compensatory payments. Communities expressed the need for adequate consultation and community outreach before and during project construction. In addition to these concerns, the 2018 consultations resulted in additional demands for the electrification of affected villages and the development of income generating projects. The project envisions to electrify community health and education infrastructure with solar energy. The detailed assessment of this sub-project will be carried out during project implementation on the Burundi side. Compensation concerns were considered in the CRP and employment and gender issues were considered in the ESMP and also in the CRP income-generating activities Future Stakeholder Engagement All engagements will be jointly undertaken by the authorities and municipal working groups, REGIDESO and the teams of consultants. The main public consultation periods will be during the following activities: (i) follow-up surveys; (ii) development of livelihood plans and in-depth surveys of land availability; (iii) signature of waiver on compensation and estimates; (iv) consultations and sensitization on relocation and construction; and (v) support to restore livelihoods and assistance to vulnerable people. Consultation methods will include: public meetings, key informant interviews, socio-economic and asset tracking surveys, discussion groups, informal consultations and dissemination of CRP information in community media outlets. These activities will be undertaken mainly by the Community Liaison Officers (CLOs) who will be supported by the other actors in charge of the CRP implementation and monitoring. 14

15 A preliminary stakeholder consultation and disclosure schedule, covering all activities related to planning for land access and resettlement issues, CRP disclosure and implementation, has been prepared. The project will maintain an active record of all public consultation and disclosure documents collected throughout the project, which will be available for public review upon request. REGIDESO, the Project Implementation Unit, will ensure that all consultation and disclosure activities are properly documented and will publish all documentation locally. 6. SOCIO-ECONOMIC CHARACTERISTICS The project is located in the three provinces of Ngozi, Kayanza and Gitega. The total number of municipalities concerned is seven, including 42 hills and 78 sub-hills. The population characteristics of these 8 municipalities are described below. Distribution by Age The age distribution shows a high proportion of the population under 30 years of age. Only 4% of the population is over 60 years old. Marital Status Age Distribution of the Affected Population Age Total Percentage , , , The majority of project-affected persons over the age of 16 are married (53%), 42% are unmarried and 4% are widowed. Level of Education Marital Status of PAPs Marital Status Percentage Single 42 Married or cohabiting 53 Divorced or separated 1 Widow(er)s 4 Nationally, 24% of young people have no formal education and 62% have not completed primary education. With regard to formal education, the majority of PAPs have primary education, which compares favourably with national figures. 15

16 Education Level of Affected People Level of Education Number out-of-school 95 Pre-primary 1177 Primary 3762 TVET 43 Elementary 277 Secondary 445 Higher 70 Housing Overall, 121 houses are affected by the project. The other structures are for commercial use and accommodation combined; used for accommodation only or combined with kitchens. All other structures affected are ancillary structures including kitchens, toilets and livestock/poultry sheds, shops and a spiritual house. Livelihoods Use of Affected Structures Type of Structures Affected Number of Units House 121 Residence/kitchen combination 26 Toilet 36 Kitchen only 11 Livestock/poultry 3 Trade 2 Residence/business combination 1 Spiritual house 1 In Burundi, more than 90% of the population is involved in agricultural production. Subsistence crops account for 87% of total production. Access to land is becoming increasingly limited as a result of increasing population pressure that is gradually reducing the amount of land available per household. This situation has already led to overexploitation of land, soil degradation and degradation of food production, which has led to the problem of food insecurity observed in recent years. Agriculture is focused mainly on self-sufficiency and involves the combination of several food crops on a single plot. This mixed cropping is based on bananas, legumes, cereals and tubers. Cash crops grown mainly on tea plantations are carried out as monoculture by government businesses, private businesses and smallholder farmers. The survey revealed that most PAPs depend on farming activities. The crops identified include bananas, beans, potatoes and wheat, among others. Beans are the crop most commonly affected by the project, followed by bananas, as shown in the table below. Crop Type of Crops Affected Percentage Bananas 14.8 Beans 15.7 Peas 1.2 Peanuts 2.0 Maize 3.7 Potatoes 0.5 Sweet potatoes

17 Other economic activities include trade (on a very small scale), livestock and handicrafts. It should be noted that some PAPs have a temporary or permanent salaried job. Burundi's high population density is reflected in the very small average size of agricultural plots, which is about 0.5 ha per household. Historically, land is inherited and has resulted in the sub-division of family farms among the sons. In terms of area of affected farms (for those that will lose land), the distribution is shown in the following Table. This shows that the majority (64%) of farms are less than half a hectare and almost all have less than one hectare. Size of Farms in the Project Area Area of the farm (m 2 ) Number % and above For livestock (cattle, sheep and goats), Table 8 below shows the levels of ownership and the number of households in each category. Livestock Ownership In terms of jobs, 14.2% of PAPs have a permanent job and 23.6% said they have a temporary job. In terms of income, more than 50% of PAPs reported earning less than 400,000 Burundian francs (BIF) per year or about EUR 224. Land Tenure Cassava 0.2 Cocoyams 0.6 Sorghum 0.3 Soya 0.1 Wheat 0.1 Cabbages 0.3 Number of Livestock Number of Owner % of PAPs Heads Households During the survey, 86% of households confirmed that they hold land that has been formally sub-divided, with legal documents relating to the property (land titles) available. 13.6% of households indicated that they rented the land where they live and do not have legal documentation. The project will need to follow up with these households to ensure that they continue to have access to land following the resettlement process. 17

18 Vulnerability The categories of vulnerable people considered in the project are: (i) sharecroppers; (ii) households headed by women; (iii) households headed by elderly people (over 65 years of age); (iv) households of orphans or headed by young people; (v) households that will lose more than 20% of their land; and (vi) households headed by people with disabilities. In the study area, the 2018 census identified vulnerable households. Potentially Vulnerable Households Vulnerability Criterion Number of Households Households headed by widows 180 Households headed by people with chronic illness 66 Households headed by people over Households headed by orphans 74 Households headed by persons with disability 92 Households that will lose more than 20% of land 2 Total 519 About 33% of affected households are therefore vulnerable. 7. ELIGIBILITY AND COMPENSATION The eligibility criteria and the method of determining losses and their compensation consider the AfDB s OS2 principles, as well as legislation in force in Burundi regarding compensation in case of expropriation for reasons of public utility (Land Code supplemented by Ministerial Ordinance No. 720/CAB/304/2008). All compensation will have to be settled before relocation or occupation of the land Eligibility and Deadline Households affected by the project are eligible for compensation and other assistance if they have a "legitimate interest" with regard to "real estate" established in the project area (i.e. in the case of buildings) at the time of the interruption of entitlement. The impacts identified as eligible for compensation are: Loss of housing; Loss of land; Loss of crops and trees; Loss of livelihood; and Loss of ancillary and commercial structures The categories of affected persons eligible for compensation are landowners with and without tenure rights, tenants, sharecroppers, livestock breeders, traders and service providers. The types of losses associated with each category are loss of material goods, loss of access to material goods, loss of wages, rent or sales revenue, and loss of public, private or cultural infrastructure. The deadline for the cancellation of compensation rights was July Compensation and Assistance Criteria Asset valuation methods will consider legislative requirements, AfDB standards, expert opinion and stakeholder consultation. Therefore, assets should be valued on the basis of replacement cost, at market rates and without depreciation. 18

19 Best practice suggests compensation in kind preferably to cash compensation because of the risks associated with cash compensation, such as potential deprivation and increased vulnerability. However, in the case of the Project, resettlement in kind (for example, the construction of a house or replacement land) may not be offered due to the lack of alternative land available near the project area and Burundi in general. During consultations, the majority of affected households opted for cash compensation while some preferred compensation in kind. The possibility of offering compensation land in the study area will be assessed when updating the data before implementation. Moreover, vulnerable people will receive assistance for the restoration and improvement of their livelihoods. The eligibility and compensation matrix summarizes the principles that will be used for resettlement and livelihood assistance. Eligibility and Compensation Matrix Loss Category PAP Category Basic Right Packages/Assistance Farmland: Permanent loss of agricultural land. Holder of a registered title deed. Hold a registered fund with the relevant authorities before the deadline Cash compensation for land and all real estate developments on affected lands, such as soils and soil improvement infrastructure Occupant of untitled land: land held according to custom and not yet registered Before the deadline, hold unregistered land, usually or locally recognized, that can be verified Cash compensation for land and all real estate developments on affected lands, such as soil improvement infrastructure. Assistance with the registration of the legal title Residential land: Permanent loss of residential land. Facilities: loss of real estate assets. Leased land: Land rights obtained temporarily under a usual tenancy agreement Title holder Untitled Lands: Land held under customary ownership and not registered Residence: habitable houses used as permanent principal residence Leased the land before the deadline, in accordance with a lease agreement recognized by the landowner and customary authorities. Hold a registered fund with the relevant authorities before the deadline. Before the deadline, hold unregistered land, usually or locally recognized, that can be verified. The locally recognized owner of a habitable home permanently used as a residence before the deadline. Tenant cash compensation for real estate investments that have been made by the tenant. Cash compensation for the land Cash compensation for the land Assistance with the registration of the legal title Cash compensation at full replacement value without depreciation Recovery of authorized material Non-residential structures: commercial premises, walls, fences, enclosures, etc. The locally recognized owner of a non-residential structure by the deadline Compensation in kind if possible Cash compensation at full replacement value without depreciation Recovery of authorized material 19

20 Loss Category PAP Category Basic Right Packages/Assistance Crops and commercial trees: Loss of crops and commercial trees. Crops: removal or destruction of temporary crops. Commercial trees The recognized owner of standing crop before the deadline. The recognized owner of a permanent crop before the deadline Cash compensation at replacement value at prevailing market rates For trees, depending on tree type and age, PAPs need to be informed to allow for harvesting before relocation Cash compensation at full replacement value at prevailing market rates Loss of income Business owner Business owner registered before the eligibility deadline PAPs need to be informed to allow for mature crops to be harvested before relocation. Re-establishment compensation equals to three months of income Disturbance and relocation assistance Tenant of commercial space Physically affected households (owner occupant or tenant) Vulnerable households Tenant of a commercial space Re-establishment compensation equals to three months of income Occupation of the main Disturbance and transportation habitable residence before the allowance equal to 5% of total eligibility deadline compensation (amounts must be revised to ensure that this is sufficient in all cases) Households identified as vulnerable before the eligibility deadline Loss of livelihood Farmers Farmer (owner or tenant) with more than 20% of the land permanently affected by the Project Those with less than one hectare are also considered Additional assistance to vulnerable households Eligible for the livelihood restoration assistance programme Disorientation Households affected by housing loss All physically resettled households Temporary assistance measures Ensure that relocating households can resettle on their own land or in neighbouring villages to keep their old habits. This initial matrix of rights was discussed at meetings conducted by REGIDESO in August It has been adjusted following this validation. 20