principle. With regard to the type of payment and the eligible persons for compensation, there is a slight similarity and a bit difference between Congolese legislation and ESS No. 5. However, the World Bank's ESS No. 5 and Congolese legislation present fundamental differences on several other points, in particular the principle of evaluation (with, for Congolese law, the only price list pre-established as an alternative standard and, for the World Bank, several possible alternative standards), the management of physical and economic displacements, the complaints management mechanism; voluntary land transactions and voluntary donations, provisions for the protection and support of women and the involvement of local communities in the process.

In the context of voluntary land transactions, it is important to note that for the acquisition of land to be considered a voluntary 'willing buyer/seller' agreement, owners must be able to refuse to sell, without threat of forced acquisition (Guidance note on ESS n° 5, para. GN4.7). The transaction price is the fair value in terms of the price agreed between a willing buyer and seller acting in normal competition. The owners of the land must be able to refuse to sell, without being threatened with forced acquisition, and the property should not have squatters or other types of encroachments. The ESS n°5 does not apply to these types of transactions.

On the other hand, voluntary donations of land may be accepted if they meet the conditions set out in footnote number 10 of the ESS n°5. Furthermore, the EAS/HS complaints procedure is part of the overall Grievance Management System (GMS), which simultaneously includes both the procedure for dealing with complaints related to resettlement and those related to any other negative impacts.

Thus, to guide the process of possible compensation within the framework of the implementation of project activities; It is the provision of Congolese legislation or that of the World Bank's ESS 5 which is favorable to the PAPs which applies.

######### Socio-economic characteristics of the project area

On the human and socio-economic level, the project is located in eight (8) communes of Kinshasa, each crossed by the pipelines, namely Ngiri-Ngiri, Makala, Selembao, Bumbu, Ngaliema, Bandalungwa Kintambo and Ngaba. It will run along three main roads (Avenue Nguma in the commune of Ngaliema, Avenue Kasavubu crossing the communes of Kintambo, Bandalungwa and Ngiringiri and Avenue du flambeau-Ex 24 novembre separating the commune of Bandalungwa in Ngiringiri) as well as several secondary roads, on an area of high human concentration where there are both luxury villas, medium- standing and modest standing housing as well as several commercial structures and various income- generating activities (shops, restaurants, terraces, carpentry, stalls, pharmacies, and brick kilns) likely to be impacted by the Project.

######### Scope of planned resettlement

Investigations have revealed that the works will result in:

- 1. Temporary restrictions on access to sources of income resulting in the temporary closure of 137 commercial infrastructures, no permanent economic displacement is to be envisaged;
- 2. the permanent restrictions and losses of slices of residential land, following the laying of pipes through 5 private residential plots;
- 3. As well as the temporary physical displacement of 2 PAPs occupying precarious structures.

Thus, these negative impacts affect a total of 144 PAPs, 137 of whom are irregularly exploiting the public right-of-way for economic purposes, 5 are owners of the residential land that will be encroached by the laying of the pipes and 2 are squatters living free of charge in two tin houses that will be destroyed and rebuilt by the project. Only three (03) municipalities, out of the eight (08) concerned by the works, host PAPs. These are the following municipalities: