Senate to summon government over anomalies in expropriations
Thursday, March 11, 2021

The plenary sitting of the Senate that was held virtually on March 10, resolved to summon a representative of the central government to provide verbal explanations on claims of illegal expropriations, an issue that has been persistent for years.

The senators want the executive to respond to the issues that were identified and show strategies in place to make expropriations for public infrastructure, especially road construction, done without compromising people's rights.

The summons followed an assessment by the Senate Committee on Economic Development and Finance of the special audit that the Auditor General carried out on the state of expropriations for public roads.

The projects assessed were implemented by the Rwanda Transport Development Agency between July 1, 2015 and November 30, 2020.

Senators said that residents raised issues like lack of fair and timely compensations, where some projects started before residents were given compensation.

The issues, senators observed, have also been recurrent in different reports including that of the Ombudsman, the Rwanda Governance Board (RGB), the National Commission for Human Rights, and the Auditor General.

The senators reiterated that expropriation should be effectively planned for, and that the law should be observed.

According to the 2015 law relating to expropriation in public interest every project, the implementing agency must have a budget to compensate the affected residents.

It also stipulates that the approved fair compensation shall be paid within a period not exceeding one hundred and twenty (120) days from the day of its approval by the District or City of Kigali Council or the relevant ministry.

Senator Juvenal Nkusi, the Chairperson of the Committee on Economic Development and Finance said that the review of the analysis of the Auditor General’s report was intended to find out how road construction is planned for, and how the valuation for the property to be expropriated is implemented.

Through its assessment, the Senatorial Committee found no loophole in the expropriation law, but pinned the implementing organs on flouting it.

"Expropriating people for public interest projects should be in line with improving their welfare; not worsening them,” he said.

Among the issues that the Committee found include lack of proper planning for projects, which results in inadequate budget allocation to expropriation activities.

Espérance Nyirasafari, senate vice-president in charge of legislation and government oversight said that expropriating residents from sites designed for public infrastructure should be done in a way that benefits them. 

Meanwhile, the 2015 expropriation law provides for the committee in charge of supervision of projects of expropriation in the public interest.

However, the Senators expressed concern that an Order of the Prime Minister which shall determine the organisation, functioning, responsibilities and composition of these committees has not yet been issued.

Senators will want to know from the designated representative of the central government why the order is not yet out.