Table I: Comparison of Rwandan and World Bank Policies on Resettlement and Compensation Category of PAPs/ Rwandan Law World Bank OP4.12 Comment Type of Lost Assets Land Owners (loss of According to the National Land Policy, Identification of PAPs is done The Constitution land) all Rwandese enjoy the same rights of through census and provides for access to land, implying no surveys of the resettlement. discrimination against women. All land affected population, Although its should be registered for security. The provisions could be title is tradable, but not if it fragments PAPs with title as well as PAPs who interpreted as plots below 1 hectare. implying a do not have a formal title but have preference for land customary and traditional right Compensation for non-transferable based strategies for recognized under Rwandan law or property upon market value. displaced persons who have a recognized claim to the whose livelihoods land at time the census begins are – are land-based, Land owners, under Rwandese Law, entitled to compensation for land there is no specific received cash compensation based upon that they lose (besides other legislative or market value. assistance) regulatory provision made for this preference. Land-for-land exchange is the preferred option; compensation is to be based on replacement cost. Land Squatters (i.e. Rwandan legislations entitles only those Must be compensated for Consider all forms of those who have no who are with legal houses and other structures tenancy “landholders” recognizable legal right possession of property whatever the legal recognition based on formal or of claim to the land that of their occupancy (see below). informal rights/ they are occupying Land tenants, under Rwandese Law, are agreements between
Table I: Comparison of Rwandan and World Bank Policies on Resettlement and Compensation Category of PAPs/ Type of Lost Assets Rwandan Law World Bank OP4.12 Comment Land Owners (loss of land) According to the National Land Policy, all Rwandese enjoy the same rights of access to land, implying no discrimination against women. All land should be registered for security. The title is tradable, but not if it fragments plots below 1 hectare. Compensation for non-transferable property upon market value. Land owners, under Rwandese Law, received cash compensation based upon market value. Identification of PAPs is done through census and surveys of the affected population, PAPs with title as well as PAPs who do not have a formal title but have customary and traditional right recognized under Rwandan law or who have a recognized claim to the land at time the census begins – are entitled to compensation for land that they lose (besides other assistance) Land-for-land exchange is the preferred option; compensation is to be based on replacement cost. The Constitution provides for resettlement. Although its provisions could be interpreted as implying a preference for land based strategies for displaced persons whose livelihoods are land-based, there is no specific legislative or regulatory provision made for this preference. Land Squatters (i.e. those who have no recognizable legal right of claim to the land that they are occupying Rwandan legislations entitles only those who are “landholders” with legal possession of property Land tenants, under Rwandese Law, are Must be compensated for houses and other structures whatever the legal recognition of their occupancy (see below). Consider all forms of tenancy based on formal or informal rights/ agreements between