progress of monetary compensation. Minimum compensation amounts are fixed for different ministries. If it is a government project, the Ministry responsible for environment will be in charge. If compensation is for land in a rural area, the Directorate of Land Management will take charge; and if in an urban area, the Directorate of Urban Development and Housing will take charge. The Ministerial Ordinance # 720/CAB/810/2003, May 28, 2003; According to this Ordinance, when expropriation is mandated to benefit a collective entity under public law, the general rate for compensation is determined by an ordinance issued by the Minister of Agriculture and Livestock or the Minister in charge of Urban Development. The ordinance updates the compensation rates for land, crops and structures in case of expropriation for public usefulness. According to article 3 “the compensation in case of expropriation for public usefulness can be either a monetary compensation, or an exchange with, if needed, a partial compensation to help the expropriated individual to resettle.” As for the compensation rate, this ordinance defines the base for its calculation according to the location of the expropriated land and the plants and structures existing on that land. is no specific law cited for grievance resolution. The people may however solve their grievances through the customary system of the Bashingantahe, and the judicial system of the state. While the former relies in the first place on conventions and customary regulations, the latter bases itself on the legislation of the state. People may also resolve their grievances through representatives of local authorities. OP 4.12 The World Bank policy on involuntary resettlement emphasizes that any development project should avoid or minimize involuntary resettlement and where this is not feasible, it should assist the displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The Bank OP 4.12, Annex A (Paragraphs 17-31), describes the
WB OP 4.12 There are some differences between the World Bank Policy and the Burundi Laws in regard to compensation and resettlement. The laws of Burundi only provide compensation for land that is legally owned by PAPs and no compensation to those without formalized rights. The World Bank OP 4.12 provides for compensation for land to both legal owners and those without formalized and/or fully legalized rights. OP 4.12 states that where there is a conflict between the Bank and government frameworks, those of the Bank shall take precedence. A comparison between the Laws of Burundi and the World Bank OP 4.12 is contained in Table I below. Table I: Comparison of Burundian and World Bank Policies on Resettlement and Compensation Category of PAP/Type of lost assets Burundi Law World Bank OP 4.12 Comment Land Owners Cash compensation based upon market value. Land for Land under Customary Law – the land should at least be of the same size as land acquired Land-for-land exchange is the preferred option; compensation is on replacement cost. Land should be of the same size as or bigger than acquired land. No gap Land Tenants Entitled to compensation based upon the amount of rights Are entitled to some form of compensation whatever the legal recognition of their occupancy. Follow the OP. 4.12 guidelines and principles Land Land users are entitled to compensation for crops and any other economic assets. Entitled to compensation for crops, may be entitled to replacement land and income must be restored to pre-project levels at least. Owners of buildings Cash compensation based on market value Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement.
classified into three groups namely; Those who have formal legal rights to the land they occupy; Those who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national laws including those measures put in place by the draft land policy; or who have no recognizable legal right or claim to the land they occupy. The following categories of PAPs will be used in identifying groups of PAPs for the purpose of determining impacts. Project affected persons (PAPs) are individuals whose assets may be lost, including land, property, other assets, and/or access to natural and/or economic resources as a result of activities related to sub-project(s). Project affected households are groups of PAPs in one household and one or more of its members are directly affected by the Ruvyironza Multipurpose Water Resource Development Project. These include members like the head of household, male, and female members, dependent relatives, tenants, etc. Vulnerable groups of people. From these households, the Ruvyironza Multipurpose WRD Project will identify the vulnerable members, such as those who are too old or too ill; children; those stricken with HIV/AIDS; women; unemployed youth; the landless, the indigenous people, people displaced by the civil war, repatriated people and demobilized soldiers etc. Households headed by women that depend on sons, brothers, and others for support will also be identified. The prefeasibility report for the project indicated that approximately 8,500 people will be displaced. The actual the number of persons that will be affected by Ruvyironza Multipurpose WRD Project will be determined through a socioeconomic survey and census when preparing the Resettlement Action Plan. It will also take into account the feasibility and engineering studies. During implementation of Ruvyironza Multipurpose WRD Project, a
zoning laws Relocation assistance (costs of shifting + allowance) Buildings and structures Structures are partially affected Remaining structures viable for continued use Owner Cash compensation for affected building and other fixed assets. Cash assistance to costs of restoration of the remaining structure Rental/lease holder Cash compensation for affected assets (verifiable improvements to the property by the tenant). Disturbance compensation equivalent to two months rental costs Entire structures are affected or partially affected Remaining structures not suitable for continued use Owner Cash compensation for entire structure and other fixed assets without depreciation, or alternative structure of equal or better size and quality in an available location which is acceptable to the PAP. Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rehabilitation assistance if required (assistance with job placement, skills training) Rental/lease holder Cash compensation for affected assets (verifiable improvements to the property by the tenant). Relocation assistance (costs of shifting + allowance equivalent to four months rental costs). Assistance to help find alternative rental arrangements Rehabilitation assistance if required (assistance with job placement, skills training) Squatter/informal dweller Cash compensation for affected structure without depreciation to salvage materials without deduction from compensation Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through