General: The project will require approximately 150 ha of land for the construction of the cement plant, the quarry, the overburden stockpile and other project facilities. Of this, approximately 28 hectares have been identified as currently owned/utilised by local communities and requiring physical and/or economic resettlement. This, in combination with other project impacts (dust, noise, safety etc.) will result in physical resettlement of one village of 9 households, and economic resettlement of approximately 56 households. 

Due to the fact that the project footprint was not finalized at the time of the ESIA, a Framework Resettlement Action Plan (FRAP) was developed, with a view to developing Resettlement Action Plans (RAPs) and/or Livelihood Restoration Plans (LRPs) once the footprint is finalized. The initial layout as used for the FRAP includes the physical resettlement of the Yuku Village (9 households) as well as economic resettlement associated with approximately 56 households in the area. It has now been confirmed that this footprint as identified during the ESIA and FRAP is indeed the finalized footprint, although the final details of a number of the facilities still need to be confirmed. Thus NYA is in the process of commissioning a detailed Resettlement Action Plan. This, and any other RAP that will be required for land acquisition and displacement associated with amendments to the footprint or any ancillary components, will be undertaken in accordance with the FRAP. IFC will also require a report on the implementation of such a plan, yearly livelihood monitoring reports (if relevant), and a completion audit. These requirements are contained within the ESAP.

A census and asset inventory was undertaken by SRK in June 2013. This was done in the presence of a local government authority and owner of each asset/facility/field, and based on a sound methodology and appropriate stakeholder consultation; however, detailed measurements for the fields associated with the final footprint must still be undertaken. This will need to be incorporated within the detailed RAP, as required within the ESAP. 

Compensation and Benefits for Displaced Persons: All assets will be compensated for based on an agreed entitlement matrix. The principles for this entitlement matrix were determined in the FRAP, but a detailed entitlement matrix still needs to be developed as part of the RAP process. This will need to be disclosed and agreed prior to finalization of the RAP, as required within the ESAP. 

The selection of a host site for the resettlement of Yuku village was undertaken in conjunction with the chief of Mbemba Village, to which Yuku is affiliated. This site is located very near to the Mbemba Village and according to the chief in discussions during the site visit, will satisfy the needs of those from Yuku, while not causing negative impacts for those in Mbemba Village. This will need to be further investigated as part of the detailed RAP, as required within the ESAP.

NYA will not provide affected households with cash compensation for housing structures and agricultural land; rather they will provide like-for-like assets. Where feasible, they will also supply households with land-for-land compensation for agricultural activities, and equivalent or improved measures as part of a Livelihood Restoration Plan. Where cash compensation is appropriate, this will be done in conjunction with measures to help provide assistance with re-establishing fields and gardens and calculated at market rates, plus 50% as defined in the DRC Mining Code. NYA will need to ensure that this equates to Full Replacement Value (FRV) for each affected party. This is a required action within the ESAP. A proposed Livelihoods Restoration Plan (LRP) has been included within the FRAP and will need to be developed as part of/alongside the RAP. NYA will need to ensure that adequate budget is made available for development and implementation of the LRP, as required in the ESAP. Where cash compensation will be paid to those directly affected, the FRAP provides no details on the mechanisms for this payment, whether they will help those directly affected to establish bank accounts, ensure that both spouses are involved etc. This must be described in the detailed RAP, as required in the ESAP.

Community Engagement and Grievance Mechanism: Appropriate engagement was undertaken with PAPs and relevant stakeholders during the FRAP process. However, RAP engagement and management structures were not developed during the FRAP, and these will need to be established prior to and part of the RAP development and implementation phases. The FRAP suggests ways in which RAP engagement structures should be set up, including a Compensation Negotiations Committee (CNC) and potentially a Resettlement Advisory Committee (RAC) if deemed appropriate. These engagement structures are required, as per the ESAP.  A resettlement specific grievance procedure has been included within NYA?s overall grievance mechanism. This must be detailed and included within the RAP, as required within the ESAP. Based available information there are no grievances on resettlement to date.