Implementing Rwanda’s Expropriation Law: Development, Change, and Challenges Legal Aid Forum Kigali, Rwanda

Land Tenure in Rwanda Incredible economic growth in post-Genocide era Population growth has put pressure on land Over 10,000,000 people in a country the size of Maryland Most farming HHs live on/cultivate 0.9 ha Pre-colonial land tenure system based on collective ownership Collectives/clans given the right of usufruct for grazing and cultivating—not individual ownership in the modern sense Formal tenure introduced under Belgian rule, formalized in post-colonial 1962 Constitution 2

Context of research Expropriation a growing phenomenon in Rwanda Expropriation law was adopted in 2007 (revised in 2015) Some challenges have arisen—timely payments, etc. However, no systematic study or collection of data yet done by multiple institutions involved Need to measure impacts of expropriation on the population 3

Agenda for presentation Outline of research process Legal framework for expropriation Methodology and sampling for household survey Detailed findings of research Recommendations 4

Phases of research Literature review Qualitative research KIIs FGDs Quantitative research Household survey 5

Legal framework Constitution of the Republic of Rwanda Art. 29 guarantees right to private property Ordinary law governing land in Rwanda (2013), Art. 34 Expropriation Law (2007) Related legal instruments Law governing roads (2011) MO’s on reference land prices (2009) MO on Land Leases (2008), specifically Art. 15 IRPV Law (2010) 6

Methodology – household survey Defining expropriation for the purposes of defining the population under study Obtained lists of “expropriated people” from local administrative authorities (Districts) Lists existed for HHs identified for valuation, already valuated, and identified for compensation or already compensated Randomly sampled 15 Districts (PPS) for study Randomly selected 3-5 Sectors in each selected District Randomly selected 35 expropriated HHs (plus alternates) in each selected Sector 7

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Research findings 1. Profile of expropriations 2. Procedural compliance/findings 3. Socio-economic impacts of expropriation 9

Profile of respondents 10

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Type of project by location 15

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Expropriation process 1. Planning and coordination 2. Public interest determination 3. Notice and public participation 4. Valuation and compensation 17

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Valuation process Property should be valued at market prices (Expro. Law, Art. 22) Historically (and currently in some areas), valuation has been carried out at local level Prices may be set by District authorities Some areas apply “reference” land prices (M.O.s) Independent valuers increasingly used and should be primary (or only) competent valuers once new law adopted 20

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Compensation procedures The law requires compensation to come within 120 days (4 months) of valuation Compensation is to paid to the expropriated person’s bank account Almost all compensated HHs reported receiving compensation in bank accounts 64% of respondents were married, but only 22% reported jointly receiving the compensation (contrary to Expro. Law, Art. 25) 22

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Socio-economic impacts Types of property/income lost Changes in income Spending habits with compensation 24

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Recommendations 1. Improving planning for expropriation projects; 2. Improving notice procedures; 3. Increasing opportunities for public participation; 4. Mitigating negative impacts on expropriated households; 5. Increasing transparency and accountability in the process; 6. Legal reforms

Final remarks These findings have aimed to fill gaps in knowledge about how expropriation is carried out and how it impacts the population Provides a strong basis for managing potential weaknesses in implementation in the new expropriation law, if/when adopted Provides baseline information about the incidence of expropriation in Rwanda 29