Resettlement Policy Framework for LVEMP II

REPUBLIC OF RWANDA

RWANDA ENVIRONMENT MANAGEMENT AUTHORITY (REMA)

LAKE VICTORIA ENVIRONMENTAL MANAGEMENT PROJECT PHASE II

RESETTLEMENT POLICY FRAMEWORK FOR LAKE VICTORIA ENVIRONMENTAL MANAGEMENT PROJECT PHASE II

FINAL DRAFT

May, 2011

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Resettlement Policy Framework for LVEMP II

1. INTRODUCTION

1.1 Background

The Government of Rwanda (GoR) has requested for financial assistance from the World Bank for implementation of the second phase of Lake Victoria Environment Management Project. This regional project involving Burundi, Kenya, Tanzania, Rwanda and Uganda will be coordinated by the Lake Victoria Basin Commission (LVBC). In Rwanda, the project will be implemented in ten (10) Districts in three (3) provinces (East, North and South) and Kigali City located in the Lake Victoria Basin.

Description of the Project. The project aims to enhance socio-economic development and natural resources management of the Lake Victoria basin and will contribute through actions and initiatives of achieving the EAC Basin’s social and economic development. The objectives are to: (i) improve collaborative management of the trans-boundary natural resources of LVB for the shared benefits of the EAC Partner States; and (ii) reduce environmental stress in targeted pollution hotspots and selected degraded sub-catchments to improve the livelihoods of communities, which depend on the natural resources of the LVB. The project is comprised of four components which are: (i) Strengthening institutional capacity for managing shared water and fishery resources; (ii) Point sources pollution control and prevention; (iii) Watershed management and (iv) Project coordination and management. In Rwanda, the project will focus on the following 12 Districts: Kicukiro, Gasabo, Rwamagana, Huye, Muhanga, Kamonyi, Karongi, Nyamagabe, Gakenke, Rulindo, Ngoma and Bugesera. Not all project activities will take place in all of them.

Component 1: Strengthening institutional capacity for managing shared water and fisheries resources

This component will focus on building the capacity and increasing the effectiveness of the existing national institutions to improve the cooperative management of shared transboundary natural resources of the LVB. Its objectives are to contribute to the development of: improved effectiveness of key regional and national institutions through harmonization of national policies, legislation, and standards; sustainable financing options for natural resources management interventions; and regional frameworks for the management of key transboundary natural resources – water and fisheries. In addition, the component will also finance equipment and technical assistance to improve water quality monitoring, and also hydromet station equipment and technical assistance in Burundi to improve the capacity for weather and water balance forecasting, including collection and analysis of data and dissemination of information to potential users.

Sub-component 1.1: Harmonization of policies and regulatory standards

The main objective of this sub-component is to improve the policy and regulatory framework for the management of water and fisheries resources of the LVB. This component will finance the participation of the relevant national and local institutions responsible for issues related to fisheries, water resources, and watershed management, in regional dialogue and workshops organized by LVBC. It may also support consultancies that may be identified, later in this harmonization process, as essential to help the countries harmonize their relevant policies with the EAC agreed regional standards.

Burundi is currently preparing a National Water Strategy, whose implementation will also be supported by LVEMP II. In addition, under the leadership of the Ministry of Agriculture and Livestock (MINAGRIE), Burundi is currently preparing a sub-sectoral strategy for wetland management and protection of watersheds in the agricultural sector. This sub-component of APL 2 will also finance the participation of Burundi in activities, meetings and workshops organized by LVBC towards the development and implementation of regional natural resources and environmental management frameworks for LVB, based on the harmonized policies.

Sub-component 1.2: Ecosystem monitoring and applied

This sub-component will finance, in coordination with the related activities financed at the regional level and coordinated by LVBC, the development and strengthening of existing national data gathering protocols, ecosystem monitoring tools, and data and information-sharing mechanisms which will guide natural resources and environmental management decisions. To that end, this subcomponent will finance the strengthening of the capacity in Burundi for water quality monitoring and for weather and climate forecasting. It will also finance applied research, as needed, on prioritized water, fisheries, and land management issues to fill knowledge gaps on environmental, social, and economic-related aspects of these transboundary resources, and use outcomes to inform LVB policy and management decisions.

Component 2: Point source pollution control and prevention

The main objective of this component is to reduce environmental stresses from point source pollution on the rivers, wetlands, and lakes in the LVB portion of Burundi.

Sub-component 2.1: Planning for sewerage systems and wastewater treatment facilities

The objective of this sub-component is to advance the planning and design stages leading to reduction of point source pollution from municipal waste, and financing some of the investments identified, through: (i) pollution assessment studies and control plans, as well as feasibility studies and engineering designs for localized wastewater collection and treatment systems; and (ii) provision and rehabilitation of on-site sanitation facilities for public buildings, schools, and other public facilities. In Burundi, this sub-component will build on the pilot project currently under implementation in the city of Gitega, with financing from KfW and technical assistance from GIZ. This project supports municipal institutional strengthening for sanitation issues, as well as the targeted provision and/or rehabilitation of basic sanitation facilities for public institutions, primarily schools, but also health centers, markets, and main pollution hotspots such as slaughter-houses. LVEMP II will finance the adaptation and scaling-up of this approach in Kirundo, as well as the rehabilitation of latrines in Gitega schools and other public institutions identified and prioritized under the KfW-financed project.

Sub-component 2.2: Promotion of cleaner production

The objective of this sub-component is to reduce industrial pollution by promoting on-site pre-treatment of waste from industries and enhanced resource efficiency in the use of raw materials – through sorting, reuse, and recycling activities. Polluting industries, located mainly in and around Gitega, will be targeted for the preparation of cleaner technology plans focused on implementation of low-cost options, such as reuse of waste water or the connection of pre-treated industrial effluent discharge to constructed and/or rehabilitated wetlands. The technical assistance to be provided under this sub-component, financed from the Sida grant to LVBC under APL 1, aims at: (i) reducing pollution loads from industrial effluents through the adoption of Cleaner Production Technologies (CPT) piloted under LVEMP I; (ii) adherence to regional effluent standards, once they are agreed on; and (iii) public education and awareness campaigns. The main activities to be supported include: training for targeted industries on cost-effective measures of waste reduction; undertaking cleaner production in-plant assessments; facilitating environmentally sound technology assessments and transfers; assisting industries in preparing bankable projects for upgrading their production lines to reduce pollution and wastes; and sampling and testing of wastewater in order to determine the pollution levels from industries or institutions. These activities will be undertaken by the Ministry of Commerce and Trade with technical support and services provided by the Kenya National Cleaner Production Center (KNCPC). Although financing for this sub-component is already provided for under APL 1, the use of such resources for activities in Burundi is conditioned to approval of APL 2.

Component 3: Watershed management

This component seeks to reduce environmental stresses in the Lake Victoria Basin through integrated watershed management, including the rehabilitation of degraded wetlands and river banks, and the adoption of on-farm soil and water conservation programs on the hillsides. This will result in a reduction of non-point sources of pollution (sediment loads, nutrients, and agro-chemicals) in LVB. In addition, in countries where agriculture contributes a high percentage of GDP and employs most of the active population – which is the case for Rwanda and Burundi, the rehabilitation and conservation of stable and healthy agricultural ecosystems will help increase land productivity, having a direct impact on small farmers’ income. In addition, the stresses caused by present climate variability will be reduced, providing greater resilience against potential future climate change impacts.

Sub-component 3.1: Restoration of wetlands and riparian vegetation

The main objective of this sub-component is to help rehabilitate and conserve the role of river system wetlands and riparian (river banks) vegetation as buffer zones for storage and release of water, and for control of sediments and other non-point sources of pollution. This will be achieved by supporting: integrated management and rehabilitation of critical wetland ecosystems, including the development of national strategic plans for wetland conservation; and protection of river banks through improved management and reforestation of riparian zones along selected rivers. The expected outcome of sub-component 3.1 is the increased adoption of Sustainable Land Management (SLM) and natural resources conservation practices by participating communities in the targeted wetland and riparian areas, as well as reduction in non-point sources of pollution and enhanced communities’ ability to plan, implement, and monitor watershed management interventions in the targeted sub-catchments.

Sub-component 3.2: Rehabilitation of hillside areas for production and conservation

  1. The objective of this sub-component is to provide the essential technical assistance and investments for more sustainable environmental management of hillsides areas aiming at reducing erosion and improving ecosystem services. It will finance: infrastructure such as terracing, small water harvesting and conveyance systems; and technical assistance and investments for adoption of practices such as the use of green manure, intensification of pastures, agro-forestry, and use of crops more resilient to variability in weather conditions.

Sub-component 3.3: Community driven development for livelihoods improvement

The interventions under this sub component will be highly participatory and community based and are expected to have substantial private benefits. These interventions are aimed at intensifying natural resources use and reducing harvesting pressure on the fisheries and wetlands resources, as well as on environmentally-sensitive hillside areas. They include support to income-generating and alternative livelihood activities that benefit the poor and promote environmentally sustainable practices, as well as promotion of private sector development by supporting low-cost technologies that can help reduce post-harvest losses of agricultural and fisheries products.

This sub-component will also focus on mobilizing communities, with a special attention to women, youth and other vulnerable groups, and building their capacity for the preparation and implementation of Community Driven Development (CDD)-type subprojects in watershed management, with the objective of creating community awareness about the key environmental issues affecting the LVB, and the benefits of community participation in watershed management.

Component 4: Project coordination and management

The objective of this component is to provide complementary resources necessary for the effective coordination and communication, and monitoring and evaluation of the project activities. At the national level, these activities will be the responsibility of the National Project Coordination Teams (NPCTs). This component will have two sub-components: (i) Project coordination and communication; and (ii) Monitoring and evaluation.

Sub-component 4.1: Project coordination and communication

This sub-component will finance the incremental operating costs of the various organizations responsible for project implementation, including the National Project Steering Committee (NPSC), and the National Technical Advisory Committee (NTAC). It will also meet the capital and operating costs of the National Project Coordination Team (NPCT). In addition, it will: (i) support the development of communication systems for improving decision making and planning, through sharing of data and information among the main implementing agencies; (ii) finance the national communication and/or outreach programs, including delivering Lake Victoria’s environmental education programs to the policy-makers and public at large; and (iii) support for exchange of experiences with the other five Project Coordination teams from LVBC and Partner States.

Sub-component 4.2: Monitoring and Evaluation (M&E)

This sub-component will support: establishment of the national GIS-based M&E and Management Information System (MIS); and collection, analyses, storage, reporting and dissemination of data and information on the project’s progress with regards to outcomes and impact, based on the indicators provided in the Results Framework. Sources of data for populating the Monitoring and Evaluation (M&E) system will include: (i) administrative data collected through the project Management Information System (MIS); (ii) especially designed qualitative and quantitative household survey instruments; (iii) existing and newly collected geo-referenced data; and (iv) scientifically collected environmental and ecosystem health data. The communities participating in implementing watershed management interventions will also be involved in project monitoring and evaluation. Community-based M&E activities will regularly track the performance of the CDD subprojects, and contribute to the reporting on the national strategic investment program indicators.

Potential Involuntary Resettlement Impacts. Preparation of the Trans-boundary Diagnostic Analysis (TDA) Report, the Strategic Action Plan (SAP) as a well as completion of core studies on the four project components have made it possible to realize a better understanding of project activities and indicate the potential impacts of the various sub-components of LVEMP II that may trigger displacement and resettlement of people affected. It is very unlikely that involuntary physical resettlement will occur during the implementation of the project, especially because identification of investments will be done in a highly participatory manner involving communities and local governments. In addition, the Government is committed to avoid any involuntary rellocation of households as part of project activities. Nevertheless, it is possible that acquisition of small amounts of land may be necessary to achieve project objectives under Components two and three.hree. Lastly, the feasibility studies for sanitation facilities to be conducted under component two should include consideration of potential involuntary resettlement as part of the analysis.

Because of the issues described above, OP 4.12 is triggered for this project. Since specific investments, sub-projects, and feasibility studies will only be identified during the implementation of the project, the following Resettlement Policy Framework (RPF)s been prepared for the purpose of establishing the principles and procedures to be applies in the event that involuntary resettlement, loss of land or other fixed assets, and temporary loss of income would arise as a result of the project implementation. The RPF was drafted based on World Bank Operational Policy 4.12 and the relevant Rwanda laws and regulations, and will form the basis for resettlement planning.

1.2 Benefits of the LVEMP II

The Lake Victoria Environmental Management Project Phase II (LVEMP II) seeks to enhance socio-economic development and biodiversity conservation within the Lake Victoria Basin (LVB) through improved utilization of information, governance of trans-boundary natural resources, investment in socio-economic development activities and improved public participation and communication. Specific interventions will focus on generating data and information for improved planning, reduction of point and non-point pollution, catchment protection, community driven micro-projects, policy review and harmonization, and enhanced internal and external communication on project activities and impacts. The project design is consistent with the World Bank’s African Action Plan (AAP), which focuses on improving governance, strengthening drivers of economic and social growth, enhancing effective public participation and communication, and building partnerships.

The sub-projects under LVEMP II will improve and enhance the living standards of the communities in the Lake Basin. The sub-projects will promote sustainable use of water, land, forests and other natural resources through targeted efforts of harmonizing national policies, laws, and regulations governing the sustainable utilization of these key trans-boundary natural resources endowments. In addition, LVEMP II sub-projects will be complementary and add value to one another by focusing on building institutions to improve governance through sustainable management and utilization of the shared Lake Victoria Basin resources.

Implementation of these sub-projects is expected to have a widespread positive impact on overall socio-economic status and livelihoods of the people in the Lake Victoria Basin as a whole. Whereas the individual sub-project will carry some risks of adverse environmental and social impacts, this report addresses the risks that might arise if a sub-project will result into acquisition of land and hence disturbing the people’s economic, social and/or physical aspects of life, or if the project promotes actions that limit peoples access to natural resources important for their livelihoods. This Resettlement Policy Framework (RPF) provides guidelines on how the sub-projects will avoid, manage or mitigate all these project related displacement risks.

1.3 Purpose of the Resettlement Policy Framework

The purpose of this RPF is to establish the resettlement and compensation principles, organizational arrangements, and design criteria to be applied to meet the needs of the people who may be affected by the various sub-projects to be implemented under LVEMP II. The project triggers Operational Policy (OP) 4.12 on Involuntary Resettlement because some of the activities may result in land acquisition or consolidation of legally established protected areas, and in those cases compensation and/or resettlement of the affected persons may be necessary.