SFG3220 REV Public Disclosure Authorized Nigeria Electricity Transmission Project (NETAP)
Resettlement Policy Framework (RPF) Public Disclosure Authorized
Prepared by Public Disclosure Authorized
Environment, Resettlement and Social Unit (ERSU), Project Management Unit (PMU) Transmission Company of Nigeria (TCN), 7 Hombori Street, Wuse II, Abuja, Nigeria www.tcnpmu.ng Public Disclosure Authorized
April, 2017.
Acronyms AGIS Abuja Geographic Information System CDP Community Development Program CEO Chief Executive Officer CLO Community Liaison Officer EA Environmental Audit DEA Department of Environmental Assessment EF Electric Field ESIA Environmental & Social Impact Assessment EMF Electromagnetic Force ESMF Environmental & Social Management Framework ERSU Environment, Resettlement and Social Unit ESMP Environmental and Social Management Plan FEPA Federal Environmental Protection Agency FGN Federal Government of Nigeria FMEnv Federal Ministry of the Environment GHG Green House Gas IDA International Development Association IFC International Finance Corporation IUCN International Union for the Conservation of Nature JV Joint Venture MW Mega Watts MYTO Multi-Year Tariff Order NCP National Council on Privatization NESREA National Environmental Standards & Regulations Enforcement Agency NETAP Nigeria Electricity Transmission Project NEPA National Electric Power Authority NERC Nigerian Electricity Regulatory Commission NM Nautical Mile OPN Operational Policy Note TCN Transmission Company of Nigeria tcf Trillion Cubic Feet PHCN Power Holding Company of Nigeria PMU Project Management Unit RAP Resettlement Action Plan ROW Right of Way RPF Resettlement Policy Framework RTM Regional Transmission Manager GMT General Manager Transmission TTL Task Team Leader WBG World Bank Group WCM Work Centre Manager WHO World Health Organization
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Table of Contents
Acronyms ...... 2
Executive Summary ...... 5
Project Components ...... 5
Safeguard Policies Triggered ...... 6 1.1 Purpose of this document ...... 8 1.2 World Bank Resettlement Policies ...... 9 1.2.1 OP/BP 4.12: Involuntary Resettlement ...... 9 1.3 Sector Guidelines for Electrical Power Transmission ...... 10 1.4 NETAP Environmental and Social Management Framework ...... 10
2 The Nigeria Electricity Transmission Project (NETAP) ...... 11 2.1 Project Concept ...... 11
3 Description of the Nigerian Environment ...... 14 3.1 Bio-Physical Environment ...... 14 3.2 Vegetation ...... 14 3.3 Political Geography and Population ...... 14 3.4 Natural Resources and Land Use ...... 15
4 Objectives and Principles underlying Resettlement procedures ...... 18
5 Process for RAP preparation and approval ...... 20
6 Potentially Affected Populations ...... 21
7 Eligibility Criteria ...... 37 7.1 Rights to Land ...... 37 7.2 Claims to Land ...... 40 7.3 No Rights or Claims to Land ...... 40 7.4 Vulnerable Groups...... 40
8 Legal Framework ...... 41
9 Methods of Valuing Assets for the Purpose of Compensation ...... 45
10 Organizational Procedures for Delivering Compensation and Assistance ...... 46 10.1 Organizational Responsibilities ...... 46 10.2 Organizational Capacity-building ...... 46
11 Resettlement Implementation Process ...... 47 11.1.1 Objective of the GRM ...... 48 1 1 . 1 . 2 Composition of Grievance Redress Committee (GRC) ...... 48 11.1.3 Grievance Redress Process ...... 49 11.2 Financing of the Grievance Redress Mechanism and Cost of Remediation ...... 50
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
11.3 Budget and Funding Arrangements ...... 50 11.4. Participation of PAPs in Resettlement Process ...... 51
12 NETAP Resettlement Implementation Monitoring ...... 53 12.1. Internal Monitoring ...... 53 12.2. External Monitoring ...... 53
Appendix 1: NETAP RAP template ...... 54
Annex 1. Consultations ...... 62
Annex 2. Cost Breakdown for Implementing the RAP...... 75
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
Executive Summary This Resettlement Policy Framework (RPF) is a mitigation tool for the proposed Nigeria Electricity Transmission Project (NETAP). The RPF will help address and mitigate the effects of relocation of populations as a result of the implementation of NETAP; which are mainly loss of assets, income, or revenue. NETAP will, most likely, trigger the Bank’s Policy on resettlement (OP 4.12, Involuntary Resettlement) when dealing with people who have encroached on the Right of Way (ROW) for the transmission lines to be rehabilitated under NETAP.
The proposed NETAP will also finance specific programs to increase quantity, quality and access to the electricity network, particularly in the Northern part of the country where economic activities have long suffered from lack of affordable energy supply. Finally, the proposed NETAP will also provide targeted technical assistance and capacity building support for the FGN agencies that are to support the implementation of the Project.
Project Components 1. Component 1: Transmission Network Strengthening and Improvement (IDA US$444 million including contingency). This component has four subcomponents: (i) the upgrading and rehabilitation of up to 47 existing substations – of these, approximately 11 require the replacement of transformers, while the others require the addition (and not the replacement) of transformers, and addition and replacement of protection and control systems, switchgear and associated equipment; (ii) replacement of conductor on up to thirteen 132 kV transmission lines and conversion of up to two 132 kV lines from single circuit to double circuit. The total length of the transmission lines is about 1,270 kilometers; (iii) the upgrading and expansion of the network’s SCADA and telecommunication system and (iv) installation of System Voltage Control (SVC) at Gombe Substation in the North Eastern part of the country and purchase of spare equipment.
2. Component 2: Capacity Building and Technical Assistance (IDA US$46 million equivalent). This component includes the following activities: (i) consulting support and capacity building to improve the PMU’s performance; (ii) consulting services for construction supervision and management; (iii) consulting services for feasibility studies of priority investment projects for donor financing as identified by the ongoing transmission expansion plan study; (iv) consulting services (transaction advisory) to support the implementation (i.e. selection and contracting of a private contractor) of a pilot PPP for transmission infrastructure that is part of network expansion (i.e., for greenfield infrastructure); (v) consulting services and capacity building to support TCN’s corporatization and commercialization efforts and enhance its managerial, technical, environmental/social, and financial capacity; and (vi) consulting services and capacity building to support the following public institutions in the sector: Nigerian Electricity Regulatory Commission (NERC); the Bureau of Public Enterprise (BPE) and the Nigeria Bulk Electricity Trading Company (NBET) and other government bodies including the power task force attached to the Vice President’s office.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
Safeguard Policies Triggered
The World Bank Safeguard policy on Environmental Assessment (OP/BP 4.01) will be triggered by the implementation of the NETAP sub-projects.
Most of the sub-projects under NETAP are expected to be confined to the premises of existing Substations and already acquired corridors for transmission lines. Consequently, the impacts associated with these subprojects will be mostly confined to the premises of these facilities.
Furthermore, the World Bank Safeguard policy on Involuntary Resettlement (OP/BP 4.12) may be triggered when dealing with subprojects involving the upgrade/reinforcement of existing Transmission lines if the corridors have been encroached by squatters.
This may affect a few settlements or result in restriction to sources of livelihood. Involuntary resettlement will be avoided as much as possible. When that is not feasible, displaced persons will be assisted in their efforts to improve their standard of living or at least restore them to pre-displacement levels. Whenever the implementation of a sub- project results in (i) relocation or loss of shelter or (ii) loss of assets or access to assets or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, a Resettlement Action Plan (RAP) will be prepared and implemented. This RPF is intended to help guide the preparation of RAPs, to ensure that Project Affected Persons (PAPs) who suffer loss of means of livelihood or limited access to basic social services or amenities as a result of the implementation of the subprojects under NETAP are adequately compensated. Generally OP 4.12 provides that people with rights or claims to land receive compensation for loss of structures at the replacement value, without depreciation. Compensation for loss of land can be in cash or kind; land replacement may be appropriate when livelihoods are land based. Table 7.1 shows the Eligibility Matrix for Various Categories of PAPs under NETAP while Table 8.1 makes a comparison between Nigerian and World Bank Resettlement Policies and actions to remedy any discrepancies.
Vulnerable groups, such as households headed by women, households victimized by HIV/AIDS that are headed by children, households made up of the aged or handicapped, households whose members are impoverished, or households whose members are socially stigmatized (as a result of traditional or cultural bias) and economically marginalized, will be given special attention/protection in compliance with Bank policy.
PAPs will have the opportunity to participate in the stakeholder engagement process via consultations and the agreed grievance redress mechanism that will be established as a product of the various consultations that will hold during the life of the project. All changes to this RPF must be approved by the Bank.
The ERSU of PMU will monitor the implementation of the RAPs for sub-projects and produce quarterly reports on the progress which will be forwarded to the World Bank.
The Bank will engage an independent Consultant to assess the resettlement, compensation and assessment process, including the application of this framework. The consultancy will give particular attention to how resettlement social issues for the subprojects have been handled.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
Cost Estimate
An estimate of US$ 3,630, 000.00 (Three million, six hundred and thirty thousand Dollars only) has been proposed for the effective implementation of the RAPs for NETAP. This cost covers consulting services for preparation of the RAPs, organizing stakeholder consultations, publicity, capacity building and training for ERSU and other Agencies that will facilitate the implementation of the RAPs and payment of compensation to all eligible PAPs, and monitoring the RAPs implementation.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
1. 0 Introduction
Nigeria is one of the world’s largest oil exporters and is endowed with abundant domestic energy resources, including the eighth largest reserves of natural gas and significant untapped hydropower. Despite these favorable conditions, access to energy services is low at about 35 percent of the population – this includes those connected to the electricity grid (about 18 percent) as well as those relying on self- generation. Nearly 100 million citizens (about 65 percent) are left entirely without access to electricity. This power crisis is an obstacle to economic growth and has a negative impact on the everyday life of Nigerians. The 2010 Nigeria Investment Climate Assessment stated that, on average, Nigerian businesses experienced 239 hours of power outages per month which accounted for nearly 7 percent of lost sales, and that 83 percent of them identified the lack of electricity as the biggest obstacle to doing business in Nigeria.
In order to achieve tangible improvements in energy services, the Federal Government of Nigeria (FGN), over the past few years, has embarked on an ambitious reform program. In 2009, the ‘Roadmap for Power Sector Reform’ outlined a series of comprehensive measures across the sector value chain with specific short, medium, and long term actions to expand electricity supply and open the sector for private sector investments, while addressing the chronic sector issues hampering investment delivery. Under sustained political commitment, the Roadmap has been successful in: (i) unbundling and privatizing the vertically integrated sector; (ii) addressing broken institutional and regulatory systems; (iii) enhancing sector governance and accountability; (iv) establishing a new pricing regime (multi-year tariff order, MYTO); and (v) scaling up private sector investment in the sector.
1.1 Purpose of this document The World Bank plans to finance a Nigeria Electricity Transmission Project (NETAP) that will be national in scope but with focus on the north-Eastern and south-western parts of the country. The project aims to improve the capacity and efficiency of the transmission network and increase access to electricity services. The project will, among others: i). Upgrade/Reinforce existing Transmission Substations ii).Upgrade existing Transmission Lines
These might entail relocating people that may have encroached upon the ROW of the transmission lines to be rehabilitated thus leading to resettlement of people, loss of assets or access to resources and consequently loss of income or means of livelihood.
However, these subprojects have not yet been fully defined in any detail. Therefore, it is not yet known whether and how the subprojects may affect people or people’s property, places of business, homes, crops, or trees. Every effort will be made not to harm people’s livelihood, incomes, assets, or access to assets, in any way. As a step towards mitigating the negative impacts of the project on people and their assets RAPs would be prepared for sub-projects under NETAP that will result in involuntary resettlement.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
This document, the “NETAP Resettlement Policy Framework” (RPF), lays out the overall policies and procedures for the preparation of RAPs for the NETAP project, including identifying project affected-people (PAPs) and providing compensation, assistance, or both, to people whose assets, income, or standard of living are to be adversely affected by the project activities. The RPF also contains a preliminary description of the population and categories of people that might be negatively impacted by the project and spells out the eligibility criteria. Furthermore, it describes the Nigerian legal frameworks, laws and regulations that will be used to compensate the affected population as well as reviewing the fits and gaps between the Nigerian legal framework, Bank Policy (OP/BP4.12) and its requirements. The document further proposes measures to bridge any noticed gaps. A Resettlement Action Plan (RAP) will be prepared for each sub-project for which resettlement will be required, using the template provided in this RPF, to address the needs and concerns of the people that will be affected by such sub-projects
If Bank policy (i.e. OP 4.12) and Nigerian guidelines on involuntary resettlement differ as to people’s entitlement to compensation and other assistance, the policy that provides for the higher level of compensation and assistance will take precedence. For instance, compensation will be for full replacement costs, without depreciation, even if Nigerian policies and laws normally deduct depreciations.
This document also describes the methods of valuation of assets; it describes the implementation process, the grievance redress mechanisms, and the arrangements for funding resettlement costs. It also presents an initial budgetary provision within the project to finance possible resettlement issues and identifies the flow of funds and contingency arrangements. Finally, it describes the mechanisms for consultation with and participation of displaced persons in planning, implementation and monitoring as well as the steps that will be taken for monitoring activities by the implementing agencies and, if need be, by independent monitors.
1.2 World Bank Resettlement Policies
1.2.1 OP/BP 4.12: Involuntary Resettlement The Bank policy on involuntary resettlement outlines how to address situations where people will lose property, means of livelihood or experience a change in their standard of living as a result of the implementation of a Bank financed project. This policy provides the guidance for the mode and schedule for payment of all compensations, and recommends that due consultations be made with all stakeholders of the project before, during and after project implementation with special attention to disadvantaged groups (women, children and the disabled) within the population.
The International Finance Corporation (IFC) handbook for preparing a Resettlement Action Plan (RAP), consistent with Bank policies, requires the following:
Involuntary resettlement should be avoided
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
Where involuntary resettlement is unavoidable, all people affected by it should be compensated fully and fairly for lost assets.
Involuntary resettlement should be conceived as an opportunity for improving the livelihoods of the affected people and undertaken accordingly.
All people affected by involuntary resettlement should be consulted and involved in resettlement planning to ensure that the mitigation of adverse effects as well as the benefits of resettlement are appropriate and sustainable.
All the Bank Safeguard Policies, including the ones on resettlement just cited, may be obtained at the Bank web site, www.worldbank.org.
The Bank’s Policies require that the RPF be; prepared before project appraisal. made available in Nigeria before project appraisal, at publicly accessible locations and in a form that the potentially affected people can understand and also made available at the Bank’s Info-Shop.
The RPF can be revised as necessary during the entire life of the project. All revisions must be approved by the Bank.
1.3 Sector Guidelines for Electrical Power Transmission The World Bank Group Environmental Health and Safety (“EHS”) Guidelines describe various considerations in the selection of sites for Electricity Transmission Infrastructure. The guidelines also list the potential impacts that may be associated with such projects and acknowledges the fact that Electric transmission lines have high impact due to the need to maintain a minimum corridor for the facility, and construction of towers (risks associated with electromagnetic field – EMF). Under NETAP, however, no new Transmission lines will be built but up to six existing Transmission lines will be upgraded/reinforced to improve their capacity to wheel power. The major impacts associated with transmission line rehabilitation activity include; fall from height, heavy objects falling on persons and electrocution.
All the Bank Safeguard Policies, including the ones on resettlement just cited, may be obtained at the Bank web site, www.worldbank.org. The World Bank Group EHS Guidelines can be found on www.ifc.org.
1.4 NETAP Environmental and Social Management Framework An Environmental and Social Management Framework (ESMF) has been prepared for NETAP. This ESMF will be disclosed separately at the World Bank Info-shop and appropriate locations within Nigeria as required by the Federal Ministry of Environment.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
2 The Nigeria Electricity Transmission Project (NETAP)
2.1 Project Concept
Nigeria’s public Electric utilities had, over the years, failed to meet the country’s Power needs, with the generation data in early 2013 being around 3,500MW while the demand within the same period was in the region of 6,000MW. The demand in the Nigerian power sector is expected to continue to increase at around 10 percent per annum in the medium term, reaching 10,000 MW (medium growth rate scenario) to 14,000 MW (high growth scenario) by the year 2020.1
This shortfall in electricity supply has led to long hours of blackout leading to loss of sales estimated to be about 7%, in various businesses. The fact that 83% of businesses do not have access to public electricity supply makes electricity the biggest obstacle to doing business in Nigeria. The Federal Government of Nigeria (FGN), over the past few years, has embarked on an ambitious reform program in order to achieve tangible improvements in energy services, setting off the ‘Roadmap for Power Sector Reform’ in 2009. Through the implementation of the Roadmap, the Federal Government was able to; (i) unbundle and privatize the vertically integrated sector; (ii) address broken institutional and regulatory systems; (iii) enhance sector governance and accountability; (iv) establish a new pricing regime (Multi-Year Tariff Order, MYTO); and (v) scale up private sector investment in the sector.
As a result of the measures undertaken in the reform program, the supply capacity is expected to reach at least 9,500 MW by 2020.2 The additional capacity is being developed by a mix of public financed and private sector led independent power projects (IPPs). FGN’s National Integrated Power Project (NIPP) is expected to commission around 1,000 MW of additional supply capacity a year during 2013- 15.
The existing transmission network in Nigeria is not equipped to transmit the volume of power needed to meet the growing demand. The Transmission Company of Nigeria (TCN) is building its capacity and improving the efficiency of the national grid operator whose technical losses are estimated to be in the range of 12 percent. FGN intends to combine TCN’s reform with a major investment program which will increase the wheeling capacity of the network from the current 4,800 MW to about 13,000 MW by the year 2020,3 as well as to increase the network’s reliability, stability, and efficiency. TCN’s Investment Plan (2014) has already identified several areas of critical investment – upgrades, refurbishments, and new installations – that are needed to modernize the transmission network, expand its capacity, and reduce losses.
1 Estimates based on Tractebel Load Demand Study of 2009. 2 WB estimates, FGN’s target under the Power Sector Roadmap is 40,000 MW installed capacity by 2020. 3 WB estimates, TCN’s target is 20,000 MW wheeling capacity by 2020. Page 11 of 76
Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
An investment of about 10,000 MW in the North-West and South-West (including Lagos) is being proposed. This includes the reinforcement of the Western corridor that is aimed at increasing the network supply capacity, providing voltage stability and reliability in the region. This investment will also reinforce the supply to Kano- Kaduna area and the international connection with West Africa Power Pool (WAPP) through Niger. Efforts are also on to scale-up system expansion and ATC&C loss reduction by both TCN and the DISCOs.
As the reform program addresses many of the key structural issues for the power supply and grid network, in parallel, the FGN plans to launch a ‘National Electrification Access Policy’ (NEAP) aimed at achieving enhanced electricity access by accelerating both grid and off-grid programs while employing appropriate policies and innovative technical solutions to reduce costs, improve reliability, and provide timely service to all households. The NEAP includes an ambitious target of achieving an access rate of 75 percent by 2020, with a particular focus on traditionally underserved rural population as well as rural institutions such as: schools, health centers, and administrative buildings. The key development challenge for Nigeria is posed by low access to electricity and a spatially dispersed population, combined with the high cost of standalone generation from expensive diesel fuel, and often poor service quality.
FGN aims to develop a sustainable power sector by increasingly incorporating renewable energy technologies, such as solar power. Ongoing reforms are providing emerging opportunities for investments in large scale use of renewable energy technologies. Given the geographic location of Nigeria, there is a tremendous potential for both grid-connected and off-grid generation based on solar power. The FGN is looking to attract private sector investment and streamline renewable technologies, such as solar power, into the emerging power institutional landscape whilst also reducing and diversifying its dependence on hydrocarbon based power generation. The Nigerian Bulk Electricity Trading Plc. (NBET) and NERC have already been in discussions with several large-scale grid-connected solar IPP developers.
The Federal Government of Nigeria (FGN), as part of its strategy, has asked the World Bank to support a Nigeria Electricity Transmission Project (NETAP) that would support transmission network investments. Finally, NETAP will also provide targeted technical assistance and capacity building support to the FGN agencies that will support the implementation of the Project.
Since the specific investments in NETAP are not known with certainty during this time the project is being prepared for presentation to the Bank’s Board of Executive Directors, Bank environmental assessment policy requires the borrower to prepare a Resettlement Policy Framework (RPF). The RPF addresses potential adverse social impacts that might stem from investments supported by NETAP that will lead to: (a) relocation or loss of shelter, (b) loss of assets or access to assets (c) loss of income sources or means of livelihoods, whether or not the affected person must move to another location.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
An Environmental and Social Management Framework (ESMF) has also been prepared for this project. It addresses other possible harmful social and environmental effects of the project and is to be disclosed separately.
Both the RPF and the ESMF are based on World Bank safeguards policies and the relevant Nigerian environmental policies, laws, and regulations and are both required to be disclosed in-Country as two separate draft documents so that they are accessible by the general public, local communities, potential project-affected groups, local NGOs and all other stakeholders. Where there is a discrepancy between the Bank Operational Policies and the Nigerian Environmental and Resettlement regulations the more stringent (i.e. that is more advantageous to the affected people) takes pre-eminence – (Table 8.1 shows a comparison between the World Bank and Nigeria Resettlement Policies). The RPF and ESMF will also be disclosed by the Bank at its Info Shop in Washington and in the Public Information Center of its field office in Abuja. The date for the disclosure of these documents will precede the date for appraisal of the investment program. Stakeholders must be consulted during preparation of the ESMF and RPF and must be given ample opportunity to review and comment on the drafts. The final versions of both documents will be disclosed at the same locations and will include summaries of the consultations, the comments and suggestions received, and their disposition.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
3 Description of the Nigerian Environment
3.1 Bio-Physical Environment The Federal Republic of Nigeria is located on the west coast of Africa and is bounded on the west by Benin Republic (with a boundary of about 773 km), on the north by Niger (with a boundary of 1,497 km), on the east by Chad and Cameroon (with a combined boundary of 1,777 km) and on the south by the Gulf of Guinea (853 km of coastline). It has a continental shelf of 200 meters depth, an exclusive economic zone of 200 nautical miles (NM) and a territorial sea of 12 NM. Nigeria lies around latitude 10o00’N and Longitude 8o00’E and has a total area of 923,768 km2.
It consists of four major natural zones: a 60-km wide coastal band in the south indented by lagoons and by the immense Niger River Delta; a stretch of high forest- covered mountains (Shebshi Mountains) rising to heights of about 2,042 m above sea level in the west; the Jos Plateau (1,200 m) in the center; the Highlands along the eastern border, south of the Benue River; the plains of Sokoto and the Lake Chad Basin in the north, which forms part of the semi-desert Sahel region. The highest point in Nigeria is Chappal Waddi at 2,419 m (7,936 feet). The River Niger traverses the country from the northwest, meets the River Benue at Lokoja in the central part of the country before draining into the Atlantic in a deltaic fashion.
Nigeria is divided into three main climatic regions: the tropical rain forest region covering the southern part of the country with an annual rainfall of around 2,000 mm (80 inches), the near desert region covering the far north of the country with an annual rainfall around 500 mm (20 inches) and the savannah region with annual rains around 1,000 mm (40 inches) and covering the central portion of the country.
3.2 Vegetation The vegetation of Nigeria is of three main types: Savannah, Forest and Montane. The savannah vegetation stretches from the central parts of Nigeria to the extreme northern parts. It is divided into marginal – Sahel – (in the northeastern borders), short grass – Sudan – savannah (stretching from upper western borders to the northwestern borders) and woodland and tall grass – Guinea – savannah (lying below the short grass savannah and covering the central states and parts of the eastern region of the country). The tropical forest vegetation covers the remaining southern portion of the country and is divided into three types: rain forest (with tall trees), fresh water swamp (consisting of both fresh and salt water swamps) and mangrove forest (made up of mangrove vegetation). The Montane vegetation is not very common and is found mainly in the mountains near the border with Cameroon in the eastern boundaries of the country.
3.3 Political Geography and Population The Federal Republic of Nigeria is made up of thirty-six states with a federal capital territory, Abuja. Each state is ruled by an elected governor and is assisted by a deputy. It is subdivided into local government areas, each headed by an elected Local Government Chairman. The country is governed by a democratically elected President and assisted by a Vice President.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
The 2006 national population census put the population of Nigeria at 140 million, the most populous in Africa. Of this number, 68.3 million are women, while 71.7 million are men. The population growth rate is 2.4%. In general, Nigeria has a young population with a median age of 18.7 years.
Nigeria has more than 250 ethnic groups, with varying languages and customs, creating a country of rich ethnic diversity. The largest ethnic groups are the Fulani/Hausa, Yoruba, and Igbo, accounting for 68% of population, while the Edo, Ijaw (10%), Kanuri, Ibibio, Ebira, Nupe and Tiv comprise 27%; other minorities make up the remaining 7%.
3.4 Natural Resources and Land Use
3.4.1 Agricultural Resources Nigeria has abundant human and natural resources. Agriculture used to be the mainstay of the economy before the discovery of crude oil. Cocoa, rubber and kola nut are cultivated in the southwestern region in commercial quantities for export. Oil palm is cultivated in the southeastern parts of the country, and processed into palm oil and packaged for export. The northern parts of the country were known for groundnut and cotton production. With the production of crude oil, however, agricultural production has declined.
3.4.2 Biodiversity Nigeria is an important center for biodiversity. It is widely believed that the areas surrounding Calabar in Cross River State contain the world’s largest diversity of butterflies. The Drill monkey is only found in the wild in Southeast Nigeria and neighboring Cameroon.
The total number of higher plant species in Nigeria is 4,715 (of which 119 are threatened). For mammals, the total number of species is 274 (27 threatened), and for breeding birds the total known species is 286 (9 threatened).
Nigeria has over 1,000 protected areas (nature reserves, wilderness areas, national parks), covering a total 5.5 million ha. The total land area under protection represents 6% of the total land area. Under categories I and II (the highest level of protection) Nigeria has 2.5 million ha.
3.4.3 Mineral Resources There are varieties of mineral resources found throughout the country; some are of great economic significance, while others are in small quantities. Most of these minerals occur near the soil surface and do not require specialized equipment for extraction. The schist belt of the country stretches from the northwest to the southwest, and hosts the gold deposits of the country. The occurrence is moderate, but is mined by locals for commercial benefits. Typical sites are in Ilesha, Osun State.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
The north-central part of Nigeria is home to precious stones like amethyst, garnet, tourmaline, aquamarine, and emerald. These gemstones are mostly found in Nasarawa and Plateau States and are mined in commercial quantities for export. Jos, in Plateau State, used to export tin worldwide, but large-scale commercial mining of this metal is no longer in progress.
Nigeria has an abundant deposit of limestone, found mainly along the Benue trough with significant deposits in Gombe and Enugu states. These two states have cement factories to serve both local and international markets. There are also occurrences of gypsum in Gombe State.
3.4.4 Energy Resources
3.4.4.1 Oil and Gas Nigeria’s oil reserves are located in the Niger Delta (both onshore and offshore). Proven reserves of petroleum stand at 17.9 billion barrels, sufficient for 24 more years of production at current levels (around 2 million barrels per day – or 3% of world production). Proven reserves of natural gas amount to 182 tcf (approximately 1,000 times the volume of oil reserves).
3.4.4.2 Hydro Power The hydroelectric power stations are located in the north-central part of the country on the River Niger at Shiroro, Kainji and Jebba and have installed capacities of 600 MW, 720 MW and 540 MW respectively. These hydroelectric plants generate below their installed capacities producing an average of 255 MW, 208 MW and 334 MW respectively. Contracts have been awarded for the construction of Hydro Power Plants in Mambila and Zungeru in Adamawa and Niger States respectively. These two plants are expected to add about 2000MW and 700MW respectively to the national grid. There are prospects of other hydroelectric power sources at Makurdi and Katsina-Allah in Benue State. The World Bank, through the TCN- PMU is currently exploring viable hydro-power potentials along the Benue Rive. It is expected that some of the identified sites will be exploited as either on-grid or off-grid sources. Other mini hydroelectric plants are being constructed to serve small communities off the national grid in a few places around the country.
3.4.4.3. Coal There are abundant coal reserves in Enugu, Kogi and Gombe. The Nigerian Electricity Regulatory Commission (NERC) recently awarded licenses to some private firms to establish coal-fired power plants in Enugu. When these plants come on stream they will add to the total available power in the country and improve power supply. Studies are presently ongoing to establish the viability of running coal-fired power plants in other parts of the country where coal is found in commercial quantities.
3.4.4.4 Solar
Nigeria has a lot of potential for solar energy particularly in the Northern part of the Country.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
As stated above NERC has awarded licenses to some private firms to undergo solar energy conversion in some Northern states and when these plans come on stream, they will decongest the grid and serve this part of the country without having to wait for the power from the grid.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
4 Objectives and Principles underlying Resettlement procedures
The following principles apply to the Bank’s Involuntary Resettlement:
“Resettlement” refers not just to the physical displacement of people, but also covers taking land that results in the relocation or loss of shelter, loss of assets or access to assets, and/or Loss of sources of income or means of livelihood (OP 4.12, paragraph 3).
Resettlement will be avoided if possible and otherwise minimized by exploring all viable alternatives.
All affected people will be entitled to compensation and/or other forms of assistance. “Affected people” includes not only people with rights or claims to lost land and assets, but also squatters, tenants, artisans, wage earners, etc., whose livelihoods, living standards, or use of resources may have been affected. However, people who move to a site just in order to get compensation or assistance do not qualify (OP 4.12, paragraph 15-16). For this reason a cut-off date will be provided for each subproject for compensation purposes.
If community infrastructure or services, such as schools, roads, bridges, water supplies, etc., are lost through project activities, these will be replaced in-kind.
Affected persons and communities will be meaningfully consulted, and have the opportunity to participate in planning and implementing the resettlement program. This includes workshops and information campaigns to inform the public. Other means of information include the organization of local public forums to discuss the proposed mitigation measures, their content and means of their implementation, including timing and requirement, and to inform stakeholders about their rights and the alternatives available to them.
RAPs for sub-projects will be prepared by the borrower and submitted to the Bank for approval as well as responsible Nigerian Government Agencies before beginning any works that will entail resettlement. An accurate and complete summary of comments that affected people and communities have made on the plan in public forum discussions will be submitted to the Bank and/or the designated Agencies along with the project plan.
The compensation and other assistance outlined in the RAPs will be discussed and agreed upon with the stakeholders before the subprojects in question begin.
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The resettlement policies laid out in this document, and in OP/BP 4.12, apply to all activities under NETAP, regardless of whether the funding comes from the Bank or the Nigerian Government. They also apply to other activities resulting in resettlement if, in the judgment of the Bank, these activities are;
directly and significantly related, necessary in order to achieve the objectives and carried out at the same time as implementation (OP/BP 4.12, paragraph 4).
Many of the above principles are reiterated in more detail in the remaining sections of this RPF.
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5 Process for RAP preparation and approval
To mitigate negative impacts, resettlement should be avoided as much as possible and minimized by applying other alternatives in the project implementation. If resettlement or loss of livelihood cannot be avoided, a RAP must be prepared, disclosed and adequate compensations paid to PAPs in line with Bank policies, bearing in mind Nigeria’s resettlement policies, which will be used if favorable to PAPs.
The ERSU of PMU is charged with the responsibility of ensuring the sustainability of all Bank assisted energy projects in Nigeria. The PMU of TCN will, in conjunction with the relevant department of TCN (Wayleave/Resettlement), prepare the RAPs for sub-projects that may require resettlement. The TCN-PMU will also liaise with their TCN HQ counterparts and the various state representatives to monitor the implementation of the RAPs. The final copies of the RAPs will be submitted to the Bank for approval before project implementation.
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6 Potentially Affected Populations
NETAP is sub-divided into three (3) components to address the critical needs of TCN in Transmission Network Infrastructure, Grid Management and Capacity Building & Technical Assistance. Under sub-component 1a. IDA support will finance investments grouped by geographic locations to reduce interdependence and increase efficiency in implementation. The geographical areas are national in scope i.e. (i) the North and Central, reinforcing Kaduna-Kano-FCT Axis; (ii) the South-West including the Lagos network; (iii) the South reinforcing the Delta area network; and (iv) the North East. (Fig. 6. 1 Shows the Political Map of Nigeria with the 36 States of the Federation and the Federal Capital Territory).
Fig. 6.1: Political Map of Nigeria showing the 36 States of the Federation and the Federal Capital Territory (FCT).
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Sub-Components 1 (b) focuses on improvements in power delivery and network reliability on 132kV transmission grid in Kwara, Osun, Ogun, Oyo, Abia, Enugu, Anambra, Edo, Delta, Rivers, Kogi, Kano, Jigawa, Gombe, Borno and Katsina States.
Component 2 will enable improved management of the national grid infrastructure by supporting integrated operation of the power system, restoration and expansion of the SCADA system, and tele-communication equipment.
Component 3 will support capacity building and technical assistance activities at key sector institutions and other relevant stakeholders in order to ensure that the implementation of reform program is successfully carried out.
The proposed project is classified as Environmental Assessment Category B with investments consisting of rehabilitation and reinforcement works at existing TCN facilities. Project activities under NETAP will therefore not require large-scale resettlement. It is possible, however, that involuntary resettlement of a small number of households may be required (e.g. to improve access to an existing substation) or due to encroachment. If this happens the guidelines set out in this RPF will serve as the basis for preparing Resettlement Action Plans (RAPs) to address the involuntary resettlement.
Considering the fact that the larger part of the interventions under NETAP will be carried out within existing TCN facilities the likelihood of any form of involuntary resettlement is restricted to encroached corridors of the Transmission lines to be rehabilitated in Kwara, Kogi, Osun, Ogun, Edo, Delta, Rivers, Anambra, Enugu, Kano, Jigawa, Gombe, Borno and Katsina States. .A preliminary overview of the ROW of these transmission lines shows that less than 3% of the entire length of the lines may have been encroached upon, mainly in sections where the transmission lines pass through settlements. The squatters include artisans (welders, brick layers), farmers (mainly seasonal crops like Cassava, Maize, Yams), traders (make- shift shops), some houses and block walls extending into the ROW. Not more than 600 people are likely to be affected by these sub-projects. Exact figures will be provided during the preparation of the RAPs. Fig. 6.2 Shows the map of Nigeria with the States where Transmission lines will be rehabilitated.
Kwara State is located in the middle belt of Nigeria and is bounded by Niger, Kogi, Oyo, Ekiti and Osun States. The River Niger actually bounds it with Niger State in its northern limits. The main languages spoken in Kwara State are Yourba, Nupe and Baruba, with Yoruba being the most widely spoken language. There are, however, a few Hausa and Fulani people scattered across the state. Land-use in Kwara State is mainly categorized into residential, industrial and institutional. Settlements in Kwara are sort of segregated with indigenes settling mainly in the old residential areas demarcated by tall mud walls while non-indigenes live in the new residential areas. Industrial settlements lie on the fringes of the urban areas with most institutional land occurring in the center of the big cities like Ilorin. The main livelihood activity of the people of Kwara is agriculture. Some of the main cash crops produced in the state include Cotton, cocoa, coffee, Kolanut, tobacco, Beniseed and palm produce. Kwara State
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boasts of a few minerals such as Gold, limestone, marble, feldspar, clay, kaolin, quartz and granite rocks. The State also generates some revenue from tourist attractions like Esie Museum, Owu Falls, Imoleboja Rock Shelter, Ogunjokoro, and Agbonna Hill, Awon Mass Wedding in Shao.
Fig; 6.2: Map of Nigeria Showing Kwara, Kogi, Osun, Oyo, Ogun,Edo, Delta, Rivers, Abia, Enugu, Anambra, Kano, Jigawa, Gombe, Borno and Katsina States in Turquoise Blue.
The Kwara State government is, however, focusing on the cultivation of six crops; Cassava, Rice, Maize, Cowpea, Soya Beans and Groundnuts. The state has seen a large number of investments in the area of agro-processing. Though its local subsidiary, Olam Nigeria, Singapore-based Olam International invested in cashew- nut factory at Ogbondoroko. Dangote has also opened a flower mill in the state. All these agro-processing industries add value to the products and consequently the earnings on them. Farmers from Zimbabwe are also rearing live-stock on industrial scale and producing various dairy products from their farms.
Osun is located in south-western Nigeria and its capital is Osogbo. It is bounded in the north by Kwara State, in the east by Ekiti and by Ondo States, in the south by Ogun State and in the west by Oyo State. Ile-Ifẹ, one of the early centers of political and religious development of the Yoruba culture is also found in Osun State. Other important cities and towns include the ancient kingdom-capitals of Oke-Ila Orangun, Ila Orangun, Ijebu-Jesa, Ede,
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Osun State was carved out of the old Oyo state in 1991 and it takes its name from the Osun River, named after the traditional Yoruba deities (Orisa), Osun. The Osun- Osogbo festival, which holds in August every year along the banks of the Osun River, attracts worshippers from all over the world. Ọsun-Ọsogbo Grove, the shrine of the annual rites of the deity, was declared a World Heritage Site in 2005. Yoruba is the major language spoken in Osun State but other sub-ethnic groups include; Ife, Ijesha, Oyo, Ibolo and Igbomina (these are all Yoruba People). There are, however, people from other parts of Nigeria that are resident in the state who speak their native languages amongst themselves and English as well. Islam, Christianity and paganism, also known as traditional faith, are the most widely practiced religions in Osun State.
Oyo State is located in South-West Nigeria and is one of the three States that were carved out of the former Western State of Nigeria in 1976. Oyo State is bounded in the south by Ogun State, North by Kwara State, partly by Benin republic in the west and in the East by Osun State. Oyo State has an equatorial climate with dry and wet seasons and relatively high humidity. The dry season lasts from November to March while the wet season starts from April and ends in October. Average daily temperature ranges between 25 °C (77.0 °F) and 35 °C (95.0 °F), almost throughout the year. Oyo State has an estimated population of 6, 617,720 (2007 census) and occupies a land area of 28,454 km2 (10,986 sq mi). The vegetation pattern in Oyo State is typically the rain forest type in the south and guinea savannah in the north. Thick forest in the south gives way to grassland interspersed with trees in the north. The climate an vegetation in the State favour the cultivation of crops like Maize, Yam, Cassava, Millet, Rice, Plantain, Cocoa tree, Palm tree and Cashew. There are a number of Government farm settlements in Ipapo, Ilora, Sepeteri, Eruwa, Ogbomosho, etc. Oyo State is homogenous, mainly inhabited by the Yoruba ethnic group who are primarily agrarian but have a predilection for living in high density urban centers.
The topography of the State is of gentle rolling low land in the south, rising to a plateau of about 40metres. The State is well drained with rivers flowing from the upland in the north-south direction. There is abundance of Clay, Kaolin and Aquamarine. There are also vast cattle ranches at Saki, Fasola, Moniya and Ibadan. The State is home to the “Cocoa House” which was the first skyscraper built in Africa Other major tourist attractions in the State include: Agodi Botanical Garden, Ado- Awaye Suspended Lake, University of lbadan Zoological Garden, Ido Cenotaph, Trans-Wonderland Amusement Park, Agbele Hill in Igbeti, Bowers Tower and the Cultural Centre, Mokola, etc.
Ogun State is located in south-western Nigeria and shares an international boundary with the Republic of Benin to the West, interstate boundaries with Oyo State in the north, Lagos State in the south and Ondo State in the east. Abeokuta is the capital and largest city in the state.
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Ogun State has a wide area of undulating lowlands belonging to the coastal sedimentary rocks of western Nigeria. Some remnants of a large planation in the State include the out crop inselbergs found at Abeokuta, the Olumo Rock, at the southern edge of the Western uplands. Ogun State is in the moderately hot, humid tropical climatic zone of southwestern Nigeria. It enjoys two distinct seasons; the rainy season which lasts from March/April to October/ November and the dry season which lasts from October/November till March/April. The temperature is relatively high during the dry season with mean temperatures around 30°C. The Harmattan is brought in by the northeasterly winds from December to February, this has a cooling effect on the high dry season temperatures. Low temperatures are experienced during the rains, especially between July and August when the temperatures could be a low as 24°C. The distribution of rainfall varies from about 1000 mm in the western part to about 2000 mm in the eastern part, especially ljebu and Ogun Waterside LGAs. Two main types of vegetation occur in the State; tropical rain forest and Guinea Savanna. The tropical rain forest is found in the coastal areas in Ogun Waterside and the southern part of Egbado South LGAs. Rain forests are found in some parts of the eastern LGA such as ljebu lgbo, Odogbolu, Sagamu and ljebu Ode. Guinea and derived savanna are found in most of the western and northern LGAs including Egbado North and South, lfo, Ewekoro, Abeokuta, Owode and Ado Odo/Ota.
Availability of forest, agricultural and mineral resources in Ogun state, access to a large pool of skilled manpower, the presence of water and electric power supply, incentives by successive governments and the locational advantage of the state, all make it a favourable location for several kinds of industrial establishments. There are, at present, about 158 manufacturing plants in the state and Ado Odo/Ota LGA has 45% of the total, while Abeokuta, Sagamu and ljebu Ode LGA together have about 40% of the total. The remaining plants are in some other rural centers. Six out of the identified groups of industries make up 129 plants (81.65%) of the total number of industries in the state. These are chemical products; fabricated metal products; food, beverages and tobacco products: domestic/industrial plastic and rubber products; electrical and electronic products and pulp, paper products, printing and publishing. The major food crops include rice, maize, cassava, yam and banana. The main cash crops include Cocoa, Kolanut, Rubber, Palm Oil and Palm Kernels. Ogun State is one of the largest producers of Kolanut in the country. It also produces timber and rubber on a large scale. About 20% of its total area are forest reserves suitable for livestock production. Mineral resources available include chalk, phosphate, high quality stones and gravels for construction works.
Tourist sites include; the Olumo Rock in Abeokuta, Birikisu Sugbo Shrine at Oke- Eri, Yemoji Natural Swimming Pool at Ijebu-Ode, Oyan Dam in Abeokuta North, Iwopin Boat Regatta and Ebute-Oni in Ogun Waterside. Others sities are Madam Tinubu Shrine, Abeokuta; Oronna Shrine, Ilaro. Area J4 Forest Reserve; Tongeji Island, Ipokia. Old Manse at Ogbe,Abeokuta; St.James Anglican School, Ota and Ijamido River Shrine,Ota.
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Jigawa State is located northern Nigeria and covers a total land area of about 22,410 sq. km. It is surrounded by Kano State to the west, Bauchi and Yobe States to the east as well as the Republic of Niger to the north. Relief in this state is generally undulating in nature, but rock outcrops are common in areas of Basement complex rocks. In the southern part of the state, the relief is about 500-600 meters above sea level. The climate of Jigawa state is semi-arid, characterized by a long dry season and a short wet season. The mean annual temperature is about 25°C but the mean monthly values range between 21 °C in the coolest month and 31 °C in the hottest month. The mean daily temperature could be as low as 17°C during the months of December and January when the cold dry harmattan wind blows from the Sahara Desert. Evaporation is very high and relative humidity is highest in August (up to 80 per cent) and low in January through March (23-30%) when it is moderated by the harmattan. The wet season lasts about four months (June to September) and dry season up to eight months (October to May). The total annual rainfall ranges from 600mm in the north to 1000mm in the southern parts of the state. Great variations occur in the annual total rainfall and may result in severe and prolonged droughts, which cause crop failures and death of livestock. Vegetation in Jigawa is typically Savannah type with extensive open grasslands and a few scattered stunted trees. The original vegetation has long been replaced with farmlands. Due to annual cultural land clearing, almost all the original tree species have been removed in most parts of the state; only few trees mostly of the Mimoceae and Ceselpinaceae families exist. The Neem tree, a native of India and Burma, has naturalized and even replaced the original native trees.
Katsina State is bounded by Niger Republic to the north, Jigawa and Kano States to the east, Kaduna State to the South and Zamfara State to the West. The relief is composed of undulating plains which generally rise gently from 360m in the northeast around Daura, to 600m around Funtua in the southwest. Katsina State can be classified into two zones climatically; tropical continental and semi-arid continental. The south of the state (from Funtua to DutsinMa) belong to the former with total annual rainfall figures ranging from 1000mm around Funtua to over 800m around DutsinMa. The north of Katsina State (from around Kankia to the extreme northeast) has total rainfall figures ranging from 600-700mm annually. Generally, climate varies considerably according to months and seasons. There are two main seasons; the dry season and the wet season. The dry season is divided into the cool dry (harmattan) season from December to February; and the hot dry season from March to May. The wet season is warm and stretches from June to September. There are two main types of vegetation in Katsina State; the Northern Guinea Savannah; which consists of broadleaved species with tall tussock grasses of guinea affinities, mixed with fine leaved species of thorny trees with continuous short and feathery grass cover that stretches across the southern part of the state and the Sudan Savannah; which consist of trees with long tap roots and thick barks that make it possible for them to withstand the long dry season and bush fires, grasses with durable roots which remain underground after stalks are burnt away or wilted in the dry season only to germinate with the first rains. The existing vegetation in Katsina
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State is a function of many years of human interference and degradation. Exploitation of the vegetation has been largely for fuelwood, cultivation, grazing and fire. This degradation has been exacerbated in recent years as a result of decreasing rainfall since 1965 by about 30 per cent and especially after the drought of the early 1970s. Wood is scarce in the state as only 12 per cent of the total area is forested. Furthermore, most of the forest reserves have few standing trees the state. Hence, the Forest Department restricts fuelwood cutting to the Guinea Savannah areas of the state. Nonetheless, all forest reserves are regarded as grazing reserves.
Some of the crops grown here include; cotton, maize and guinea corn.
Kano State is located in North-Western Nigeria and is bounded by Katsina State to the west, Jigawa State to the east, Bauchi and Kaduna States to the south. The capital of Kano State is Kano. Mean annual rainfall ranges from over 1,000mm in the extreme south to a little less than 800mm in the extreme north. The rains last for three to five months. Mean temperature ranges from 26°C to 33°C. There are four seasons: a dry and cool season, (mid-November to February), marked by cool and dry weather plus occasional dusty haze. The dry and hot season, (March to mid-May) when temperatures climb up to 40°C which is a transition period between the harmattan and the wet season the wet and warm season, (mid-May to September), is the proper wet season when the lowest temperature is recorded and a dry warm season, (October to mid-November) marked by high humidity and high temperature. The natural vegetation consists of the Sudan and the guinea savannah both having been replaced by secondary vegetation. 80% of the state is now composed of farmed land, dotted with patches of shrub savannah. Rivers Kano, Challawa, Watari, Jatau and Dudurun Gaya join the Hadejia River, which empties into the Lake Chad while Gari, Tomas and Jakara disappear into the sands of the Chad Formation further east. Several man-made lakes such as Tiga, Challawa Gorge, Gari, Jakara, Watari, Guzuguzu, Kafin Chiri, Dudurun Gaya, Bagauda have been constructed to improve portable water supply to towns and villages and to provide water for irrigation.
Gombe State was created on 1st October, 1996 by the General Sani Abacha administration out of the then Bauchi State. The State covers a land area of about 17,470.9 Km2 with a population of 2,353,879 and a density of 135 persons per km 2 The main spoken languages are Tera, Fulani, Tangale, Waja, Bolewa, Kanuri, Jukun, Lunguda, Tula, Awak and Cham. Gombe is situated in the north-east zone of Nigeria. It is fast developing commercially and industrially with multinational companies like Ashaka Cement and local Cotton ginneries. Gombe State shares boundaries with Yobe State to the North, Adamawa and Taraba States to the South, Borno State to the East, and Bauchi State to the West. The main towns are Gombe, Kumo, Kaltungo, Billiri, Deba, Malam sidi, and Dukku The northern part of the Gombe State exhibits a mosaic of shrub bed grassland and grassed shrub-land with the preponderance of Acacia. In the hilly southern areas, the vegetation is woodland with mostly Affrormosia and Detarium species.
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Gombe State is part of the central Nigeria highlands but the flat landscape in the northern and southern parts of the State have isolated hills while the elevation of the plain is at about 600m above sea-level, the hills reach between 700m and 800m. The climate in Gombe is tropical with average annual temperature and rainfall at 25.4 °C and 907 mm respectively. The driest month is January with almost 0 mm of precipitation while the highest precipitation is recorded in August. Gombe State has a rich cultural heritage. It is known for its crafts. Such crafts as leather works, cloth weaving and calabash decoration abound in the state. There are also notable musical forms and dances performed by different groups. Hausa is the common language of the people and farming is the main occupation of the people of the state. Crops cultivated include cassava, yam, rice, maize, guinea corn, beans, soya beans, asha and millet. The state is blessed with precious mineral resources like columbite, coal and aquamarine. Other natural resources like Uranium, Gypsum, and Limestone are also found in commercial quantities in the State. Recently, petroleum deposits were reported to have been discovered in the state. Industries in the state include Ashaka Cement Plc, cotton ginneries, furniture and block making industries, and other small scale industries.
Borno State is located in the north-eastern part of Nigeria, with an area of 69,435 sq. km. The State is divided into two broad relief regions, namely, the hilly/mountainous area of generally over 600m above sea-level; and the plains of less than 600 metres above sea-level. The highlands dominate the south and south-eastern parts of the state, covering about one-third of the total land area of Bomo. The remaining two- thirds of the land area is dominated by plains of generally less than 600m above sea- level. Southern and south-eastern Bomo is predominantly hilly, geologically underlain by the Basement complex. The areas classified under this category comprise rugged features like mountains, plateaux ranges of hills, ridges, escarpments, volcanic cones, inselbergs and other related features. Within this relief region are other prominent landscapes such as the Biu Plateau which lies to the south and the Gwoza and Mandara highlands to the southeast. The Biu Plateau is a structural and topographic divide between the Upper Benue Basin to the south and the Chad Basin to the north. The plateau is a rugged terrain overlain by volcanic rocks, whose extent covers over 500 sq. km. The altitude reaches 775m above sea-level at Wade Hill and is well over 800m on the Wiga Hill within the plateau. The Mandara Mountain complex is situated at the south-eastern part of the region. The Gwoza and 1 Kirawa hills are the most prominent hills that form part of the Mandara Mountains. Bomo is drained by two groups of rivers, one is bound towards the south draining to the Benue system, while the other is towards Lake Chad. The region is generally drained by seasonally flowing rivers, whose peak flows are recorded during the rainy season in the months of July and August. The Biu Plateau to the south is largely drained by the Hawul River, which flows southwards and discharges its waters into the Gongola River. The River Yedzeram, which drains the south eastern and eastern parts of the region, takes its source from the Mandara Mountain and flows north-eastward towards Lake
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Chad. However, the volume of water reaching Lake Chad has been drastically affected in recent years by drought and abstractions upstream. Borno State has three seasons- cool dry (harmattan) season (October-March), hot dry season (April-June) and rainy season (July-September). Temperatures are high all the year round, with hot season temperatures ranging between 39˚C and 40˚C under the shade. In the southern part of the state, the weather is relatively mild. The rainy season lasts for less than eighty days in the extreme north, but is as high as 140days in the extreme southern part of the State. The mean annual rainfall is over 800mm on the Biu Plateau but less than 500mm the extreme north around Lake Chad. Rainfall variability is over 100 per cent. Droughts are endemic and rainfall tends to have been in decline since the 1960s (Department of Meteorological Services, 1992). Relative humidity is generally low throughout the state, ranging from as low as 13 per cent in the driest months of February and March to the highest values of seventy to eighty per cent in the rainy season months of July and August. Two vegetation zones are identified in the state: Sudan savannah and southern Sahel. In the wetter south scrub vegetation is interspersed with tall trees and woodland. Vegetation has been greatly modified in most places as a result of over-cultivation and over-grazing. Land degradation and desertification have been on the increase, causing the desert to advance southwards.
Anambra State is located in the south eastern part of Nigeria (see fig. 6.2). Though the state capital is Akwa, Onitsha and Nnewi are its major industrial and commercial cities. Anambra shares boundaries with Delta, Imo, Rivers, Enugu and Kogi states. The name originated from the Anambra River (Oma mbala) which is a tributary of the River Niger. Vegetation in Anambra is the tropical rainforest type and its climate is humid with an average temperature of 25.9oC. The average annual rainfall ranges from 152 – 203cm. Anambra state is the 8th most populated state in Nigeria and the second most densely populated state after Lagos state with a population of about 4, 055, 048 people. The main ethnic groups are Igbo and Igala. The Igbos make up 98% of the population while the remaining 2% are the Igalas. Anambra is known for its famous Agulu crocodile lake. It is home to approximately 300 crocodiles and Water Turtles. Other tourist sites include Ogbunike cave, Igbo Ukwu museum and Uzu-Oka. The natives of the state also engage in several annual cultural festivals such as Imo-Akwa, New Yam festival, Ozo festival and masquerades. Anambra is rich in Natural Gas, Crude Oil, Bauxite and Ceramic. Other resources also include farming, fishery, pasturing and animal husbandry. The state has the lowest poverty rate in Nigeria. In 2007, the state recorded a Gross Domestic Product (GDP) of $11.83billion. The major industrial and commercial cities (Onitsha, Nnewi and Akwa) have at least 300,000 traders. Nnewi is the industrial center of Anambra state with various indigenous manufacturing companies, including Nigeria’s first car factory. Nnewi accounts for over 70% of the auto parts manufacturing business in Nigeria. The Onitsha main market is one of the biggest markets in West Africa and provides huge
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revenues for the state government. Anambra has an Internally Generated Revenue (IGR) between 2 – 3billion naira monthly.
Enugu State is located in the southeast of Nigeria and shares land borders with Kogi and Benue states to the north, Ebonyi to the east, Abia and Imo to the south and Anambra to the west, covering an area of around 8,730 km2.
Enugu State occupies much of the highlands of Awgu, Udi and Nsukka. The hills are flanked by the rolling lowlands of Oji River, Adada and Anambra Basins to the west, and the Ebonyi (Aboine) River Basin to the east.
Enugu landscape changes from tropical dense rain forest in the south to small round- topped hills covered by open grasslands with occasional clusters of woodland in the middle to sometimes almost sandy savannah in the north. The State hosts most of the Udi-Nsukka plateau, a pair of plateaus that form a nearly continuous elevated area. The Nsukka plateau extends about 130 km from Nsukka in the north, to Enugu in the south and continues southward for about 160 km to Okigwe. It rises more than 300 metres and its highest part is found 20 km northwest of Enugu. The mean monthly temperature in the hottest period of February to April is about 33°C and the annual rain fall ranges from 152 to 203 cm. Most of the rain falls between May and October. This climate supports a vegetation that ranges from semitropical rainforest type on the highlands of Awgu, stretching through its rocky promontories to link with the undulating hills of Udi to Fresh water swamp forests found in the Niger Anambra Basin. It is characteristically green and is complemented in the Nsukka area by typical grassy vegetation.
Abia State is located in the south-eastern region of Nigeria and occupies a land area of about 5,834 square kilometres. It is bounded on the north and northeast by Anambra, Enugu, and Ebonyi States, to the west by Imo State, to the east and southeast by Cross River and Akwa Ibom States, and to the south by Rivers State. The principal rivers in Abia State are the Imo River and its tributary, the Aba River. Imo River originates from the north western part of the state and flows southwest through Abia and Imo state territories towards the Atlantic Ocean, passing through the southern parts of Ukwa-West and Ukwa-East local government areas. Other important rivers include lgwu, Azurnini Blue River and Kwa lbo River. There are two seasons in the year, namely: the rainy season and the dry season. The rainy season begins in March and ends in October with a break in August usually referred to as the little dry season. The dry season which lasts for four months begins in November. Heavy thunderstorm are characteristic of the onset of the rainy season. The total rainfall decreases from 2200mm in the south to 1900mm in the north. The hottest months as are January to March when the mean temperature is above 27°C. The relative humidity is usually high throughout the year, reaching a maximum during the rainy season when values above ninety per cent are recorded. The vegetation in the State is ordinarily considered part of tropical rain forest which is the dominant natural vegetation in most parts of southern Nigeria.
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The northern part of the State has rich Savannah vegetation and the bamboo (Dendrocalamus strictus) is a typical grass specie found in this area. The economic trees of the rainforest community are extremely numerous and varied in sizes, but the oil palm appears to be the most important.
Delta State was created following agitations for the creation of separate distinct states by the Urhobos and Anioma regions during the administration of the then Military President, Gen Ibrahim Babangida (Rtd). Its name was derived from the delta of the river Niger. Delta State has twenty five LGAs with it’s capital, Asaba, located at the northern end of the state. Delta State has a total land area of 16,842 sq. Km and is bordered by Edo to the north, Ondo to the northwest, Anambra to the east and Bayelsa and Rivers to the southeast. On its southern flank is 160 km of the coastline of the Bight of Benin. The Major ethnic groups in Delta State are Urhobo, Igbo, Ezon, Isoko and Itsekiri. The topography barely lies above the sea level, resulting in the incidences of floods in the rainy season. However, the northern part of the state is a tropical rain forest belt. Delta State is situated in the tropics and therefore experiences a fluctuating climate; humid tropical in the south and sub-humid in the northeast. The lessening of humidity towards the north is accompanied by an increasingly marked dry season. The average rainfall is about 266.5mm in the coastal areas and 1905mm in the extreme north. Rainfall is heaviest in July. Temperature increases from the south to the north. In Warri, located in the south for example, the average daily temperature is 30˚C, while the temperature in Asaba, in the north eastern area, is 44˚C. The vegetation varies from the mangrove swamp along the coast to the evergreen forest in the middle and the savannah in the north east. Lowland tropical rainforest was a major source of timber and the notable timber producing species include Antiaristoxicaria, Milicia (Chlorophora) excelsa, Ceibapentandra and Piptadeniastrumafricanum. Other trees that feature in the rain forest include Pentaclethramacrophylla, Chrysophyllumalbidum and Irvingiagabonenesi. A larger portion of the rainforests in Delta State have been destroyed as a result of farming, especially shifting cultivation and the establishment of small scale holdings of rubber trees, coupled with commercial lumbering. Deforestation is high as forest cover in the State has been reduced to only 28%. Presently, much of the countryside is dominated by secondary forest regrowth (Aweto 2002), created from degraded forest recovering from selective logging, areas cleared by slash-and-burn agriculture that have been reclaimed by forest. These areas are characterized (depending on the level of degradation) by a less developed canopy structure, smaller trees, and less diversity. The swamp forest is found at the extreme coastal areas of the state.
Two main forms of agriculture are prominent in the state namely, food crop production and industrial crop production. The food crops produced include rice, yam, cassava, fruits and vegetables (mangoes, pawpaw, pineapples, banana, pepper and tomatoes). These crops are produced over the wide range of ecological zones within the state with the exception of the mangrove swamp and the coastal sand areas. The industrial crops include rubber, oil palm and palm kernel. Rubber is the leading export crop in the state. The highest concentration of rubber is in Ethiope, Okpe and Ughelli, which together have 61,200 hectares. Other locations include Aniocha (8,400 hectares) and Ndokwa (8,800 hectares). Oil palm is the next leading export crop. The highest concentration of oil palm occurs in Ethiope, Isoko, Ughelli, Ndokwa, Burutu and Bomadi LGAs. Delta State is rich in minerals. The Cretaceous
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Tertiary and Quaternary sediments, which underlay the delta structural basin, are favourable for the formation of crude oil accumulation. With the exception of the Northeast, other parts of the state abound in crude oil resources and natural gas. Nonmetalic (Industrial) minerals in the state consist of petroleum (crude oil), natural gas, lignite, silica sand and clay. Crude oil occurs in all the local government areas, except in the northeast of the State. The offshore locations are around Escravos and Forcados. Delta State produces about 29.98 per cent of the total oil production in Nigeria. Estimated gas reserves amount to 800 million cubic meters. Of the total gas production in a month, only about 12 million cubic metres are used as fuel and 11 million cubic meters are sold.' The balance is flared. Delta State is at present producing a large proportion of the Nigerian natural gas. Although lignite occurs in large commercial quantities, its exploitation is yet to commence. Very large deposits of silica sand occur in different litho logical formations and along the beds of rivers and streams in the state. They are used in the manufacture of various kinds of glass silica, which is the most important raw material for glass production. Finally, the Tertiary and Quaternary formations contain some layers of clay. These are particularly in abundance in Ughelli where stream clays are used for moulding in the glass factory. The energy supply in the State is derived from local thermal power stations. The thermal power station using oil and gas is located at Ughelli. It has an installed capacity of 276 megawatts, while the Ogorode hydroelectric power station, located at Sapele, has an installed capacity of 1,020 megawatts. The water resources of Delta State include both surface and underground water. The surface water has a large area coverage, reaching about 5% of the total land area in the State. Outside the riverine area, there is a high density of streams, ponds and lakes as well as a large body of ocean water, while the underground water is related to the underlying sedimentary rock formation. Delta State has some historical, cultural and socio-political tourist centers that attract visitors from around the globe. Some of these sites of tourism include: The Nana's Palace built by Chief Nana Olomu of Ebrohim.
Rivers state is located in the southern part of Nigeria and has Port Harcourt as its capital. Rivers State is bounded on the south by the Atlantic Ocean, to the east by Akwa Ibom state, to the North by Imo, Abia and Anambra states and to the West by Bayelsa and Delta States. The State was named after the many rivers that borders its territory. Rivers State experiences heavy rainfall which decreases from the south to north. The total amount of annual rainfall decreases from about 4,700mm on the coast to about 1,700mm in extreme north of the state. The duration of the rainy season is usually less than 330 days. The mean maximum monthly temperature ranges from 28oC to 33oC while the mean minimum monthly temperatures are in the range of 17oC to 24oC. The hottest periods are usually from February to May. The upland area of the state was originally occupied by rainforest but this has drastically changed due to human activities. However, the riverine is divided into three main hydro-vegetation zones namely, the saltwater zone, the beach ridge zone and the freshwater zone. The 2006 census puts the population of Rivers State at 5,185,400 people. This makes it the 6th most populous state in Nigeria. The major ethnic groups in the state are Ogoni, Ikwerre and Ijaw. There also other minority ethnic groups. The “upland”
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region of the state consists of 61% Ikwerre and Ogoni people while 39% of the Ijaw are in the riverine region of the state. Rivers state is perhaps the richest state in the African zone of the British Empire. The state has vast reserves of crude oil and natural gas. Rivers state has two major oil refineries and sea ports. About 60% of the country’s output of crude oil is produced in the state. Prior to the discovery of oil in 1951, agriculture was the primary source of income for the indigenes of the state. According to a survey carried out by the Federal Ministry of Agriculture and Natural Resources, about 40% of the rural inhabitants were farming in 1983. The State produces crops such as yam, cassava, cocoyam, maize, rice and beans. Asides from farming, the people of rivers state also engage in fishing. Seafood like crabs, oysters, shrimps and sea snails are also produced in commercial quantities in the State. The state was ranked 2nd in Nigeria around 2007 with the gross domestic product (GDP) of $21.07billion and a per capita income of $3,965.
Edo State was created on August 27, 1991 from the former Bendel State and Benin City, from the ancient Benin Kingdom, is the State Capital. Edo State is bounded to the South by Delta State, West by Ondo State, North by Kogi State and to the East by Kogi and Anambra States.
Edo State covers a total land area of 17,802 km2 with an estimated population of 3,218,332 (2006 census). English Language is the official language of the state. The major tribal languages spoken in the state are Igarra, Edo, Etsako/Afemai, Esan and Okpamheri. Edo State is home to several ethnicities, among them the Edo, Okpe, Esan, Afemai/Etsako, Ora, Akoko-Edo, Igbanke, Emai and Ijaw.
Edo State has two distinct tropical climate seasons; the rainy and the dry seasons. The rainy season is between April and October with a two-week break in August. Average rainfall is between 150cm in the far north of the state to 250cm in the south. The dry season lasts from November to April, with a cold, humid and dusty harmattan period between December and January.
The average temperature ranges between 25°C in the rainy season and 28°C in the dry season. Generally, the climate is humid tropical in the southern areas of the state and sub-humid in the north. The distinct relief regions in the State include: the swamps/creeks, the Esan plateau, Orle valley and the dissected uplands of Akoko-Edo Local Government Area. Soil type in the state is generally the red-yellow kind of ferralsols. In the southwest, there are sandy plains with many rivers and streams. This portion, also known as the Benin Lowlands, has a few hills and the land is drained by the lkpoba, Orhionmwon and Osse Rivers. The Northern Plateau has ranges that are between 180 and 300 meters of basement rock. Granite peaks are found at random, sometimes rising above 600 meters. The natural vegetation in Edo State consists of rain-forest with areas of secondary growth and elephant grass. Human interference has, however, led to the presence of plantations for rubber and oil palms as well as forest reserves. Extensive exploitation
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of forest resources, cattle grazing and persistent bush fires have combined to reduce areas of forest vegetation to derived degraded savannah. Agriculture is the predominant occupation of people in this State and the major cash crops produced are rubber, cocoa and palm produce. Other crops cultivated here include yams, cassava, rice, plantains, guinea-corn, and assorted types of fruits and vegetables. Edo State is also very rich in arts and crafts such as wood carving, brass casting, ivory and bronze casting. Local craftsmanship also embrace cloth weaving, pottery, mat making, basket weaving and jewelry making, all over the state. The State is endowed with abundant natural resources, which include: coal, crude oil, natural gas, clay chalk, marbles, quartzite, gypsum, gold, mica, shales and limestone. Industrial enterprises in the State include Bendel Cement Company, Okpella, Bendel Brewery, Benin City, Bendel Pharmaceutical PLC, Benin City, and Bendel Feed and Flour Mills, etc, Tourist attractions in Edo State include the Emotan Statue in Benin City, Ise Lake and River Niger Beach in Agenebode, Etsako-East; Ambrose Alli Square, Ekpoma, River Niger Beaches at Ilushi, Usomege Hills at Apana-Uzairue, Somorika hills in Akoko Edo, etc.
Kogi State is located in the Central Region of Nigeria. It is popularly called the Confluence State because the confluence of River Niger and River Benue is at its capital, Lokoja, which is the first administrative capital of modern-day Nigeria. Kogi State was created out of the former Kwara and Benue states on August 27, 1991. The State has a land area of 29, 833km2 and population of 3,595,796 (2006 Census). Kogi State is the most centrally located of all States of the Federation, the only State in Nigeria which shares boundary with Ten (10) other States; the Federal Capital Territory (FCT) and Niger State, Kwara State and Nasarawa State to the North, Benue State to the East, Enugu State and Anambra State to the South, Edo, Ondo and Ekiti States to the West. There are three main ethnic groups and languages in Kogi: Igala, Ebira, and Okun with other minorities like Bassa, a small fraction of Nupe mainly in Lokoja and Bassa Local Government Area, the Ogugu subgroup of the Igala, Gwari, Kakanda, Oworo people, Ogori, Magongo, Idoma and the Eggan community under Lokoja Local Government. The land rises from a height of about 300 meters along the Niger-Benue confluence, to between 300 and 600 meters above sea level in the uplands. The bigger rivers have wide flood plains such as the portion of the lower Niger in Kogi state, which is more than 1,600 meters wide at Lokoja, while the small streams have narrow valleys. Kogi State has an annual rainfall of between 1,100mm and 1,300mm. The rainy season lasts from April to October and the dry season from November to March. The average temperature in the State ranges between 24°C and 36° C with an annual variation of about 8.5°C. There are two main types of vegetation in Kogi State; the rain forest belt and the guinea savannah or parkland savannah. These are characterized by rich deciduous
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and occasional stunted trees including palms, Iroko, mahogany and other towering trees and tall grasses respectively. The trees include locust bean, shea butter, oil bean and the isoberlinia trees. The different types of vegetation are, however, not in their natural luxuriant state owing to the careless human use of the forest and the resultant derived deciduous and savannah vegetation. Agriculture is the mainstay of the economy and the crops cultivated include coffee, cocoa, palm oil, cashews, groundnuts, maize, cassava, yam, rice and melon. Mineral resources include coal, limestone, iron, petroleum and tin. The state is home to the largest iron and steel industry in Nigeria known as Ajaokuta Steel Company Limited and one of the largest cement factories in Africa, the Obajana Cement Factory. Tourist attractions in Kogi State include the colonial relics (such as Lord Lugard House), the confluence of Rivers Niger and Benue, Ogidi (An African town with formations of Igneous Rock mountains and a traditional art & craft industry) and natural land features.
High voltage transmission lines have long spans and very high clearances and therefore cause fewer accidents and therefore the requirement for resettlement is likely to be minimal unless traversing highly developed areas where large scale encroachment has occurred. If however, following reconfiguration of transmission lines, any dwelling/structure found to be within unsafe clearances (as specified in the prescribed electrical safeguard standards of Nigeria—see below), then such structures will be relocated and this resettlement policy will apply.
The 1996 Nigerian Electricity Supply Regulations specify that power lines must be cleared from buildings and other structures by the following distances:
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5 Table 1: Required Distances between Structures and Power Lines
Line Voltage Type Distance (meters) Horizontal 330 kV 50
132 kV 30
33 kV 20
11 kV and under 10
Source: Sections 60, 61, S.I. 6 of 1966 Electricity Supply Regulations, Federal Republic of Nigeria Official Gazette, No. 17, Vol. 83, April 2, 1996. Lagos: Federal Government Press.
Although these distances were established at the time of the lines’ commissioning, encroachment may have since occurred. In this case, a RAP would be drafted to address any resettlement issues that might be involved.
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
7 Eligibility Criteria
This section provides guidance to RAP practitioners on the eligibility criteria of PAPs in NETAP subprojects.
7.1 Rights to Land People who have formal legal, customary, or traditional rights to land have a right to compensation, at full replacement value (without depreciation), for the land and other assets that they may lose. Under NETAP, however, subprojects will be limited to existing TCN facilities for which TCN has right of way (ROW). It follows, therefore, that since NETAP will NOT be investing in land for which PAPs have “formal legal, customary, or traditional rights” PAPs will only receive compensation for developments they have, either crops and/or structures, on the ROW of the facilities covered under NETAP (OP 4.12, paragraphs 15(a), 16).
If these people are physically relocated, they also have a right to other forms of assistance: moving assistance, support during a transition period while they re-establish their livelihood and standard of living, and other assistance such as land or plot preparation, credit to help re-establish their business or livelihood. Such assistance is in addition to the compensation and may be provided in cash/in kind, or in some other combination. For these to apply, there must be a forum where all related issues will be discussed and agreed with PAPs. Table 7.1 below shows the various categories of PAPs and what they are entitled to in the event of involuntary resettlement as per the Bank’s OP 4.12 Involuntary Resettlement Policy.
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Asset Type of Impact Affected Eligibility Criteria Financial or In-Kind Compensation Allowances/Assistance Person/unit Full restoration to pre-project conditions Moving allowance Land Permanent loss of land Land user (individual, Compensation for the loss of assets other than land, Temporary acquisition clan or community), Persons with no formal or such as dwellings and other improvements to the of land customary rights to land land, at full replacement cost. will receive assistance to Relocation assistance should be sufficient for them move to a place where to restore their standards of living at an adequate they legally reside and alternative site work, as well as compensation for lost
assets, but will not be compensated for the land they are using.
Tenant/User are entitled to compensation for crops cultivated on their rented land and any other improvements made, as well as livelihood restoration.
Crops/ Destruction/damage/l Cash compensation for crops at full market value of Trees oss of crops Tenants/Users of land crop yield per hectare Loss of fruit trees and cultivators/owners of crops/trees, including Tenants/Users individuals of the same household who tend
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Asset Type of Impact Affected Eligibility Criteria Financial or In-Kind Compensation Allowances/Assistance Person/unit their own piece of land Moving/Setup allowance and grow crops on it.
Destruction/Loss of Recognized owner of Cash compensation for wood tree at current market Moving/Setup allowance wood trees affected fruit tree value Structures Destruction of Owner Recognized owner of Cash compensation at full replacement value , or permanent immovable affected structure replacement structure structures irrespective of land Cost of moving ownership status. Disturbance assistance (10%) Tenant/User Recognized tenant Temporary Owner Recognized owner of Cost of re-building and moving back to initial displacement of affected structure location moveable structures irrespective of land Disturbance allowance (10%) ownership status
Tenant Recognized tenant/user
Businesses and Business person Those operating business Commercial distinct from owner of on the affected project Enterprises (formal the structure land irrespective of their and informal) land ownership status
Table 7.1: Eligibility Matrix for Various Categories of PAPs Under NETAP.
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7.2 Claims to Land Generally speaking, people who have recognized claims to land are also entitled to compensation either in kind (land-for-land) or at full replacement value at open market value. As stated earlier, however, NETAP will not invest in sites where this is true – since all NETAP sub-projects will be executed at existing TCN facilities. The TCN-PMU will discuss and agree with local government authorities and the affected people and communities about which types of claims to recognize. The RAP will make clear what claims will be recognized, and how to establish whether someone has a right to make such a claim (OP 4.12, paragraph 15(b), footnote 19; OP 4.12: Annex a, paragraph 7(f)).
If people who have rights or claims to land are physically relocated, they are eligible for the other forms of assistance described in the previous sub-section.
7.3 No Rights or Claims to Land
People are not entitled to compensation if NETAP causes them to lose land to which they have neither rights nor claims and to which they have moved after the cut-off date for compensation has been established. In this case, however, it must be established that such people moved to the affected area just in order to get compensation and assistance, or after the cut-off date has been established and the RAP must specify the cut-off date and how it was established. Typically, the cut-off date is aligned to the census and inventory collection of all persons and assets that will be affected by resettlement.
7.4 Vulnerable Groups.
The vulnerable groups will be given special attention/protection in compliance with Bank policy. These may include households headed by women, households victimized by HIV/AIDS that are headed by children, households made up of the aged or handicapped, households whose members are impoverished, or households whose members are socially stigmatized (as a result of traditional or cultural bias) and economically marginalized. Special assistance to vulnerable groups may consist of the following: provision for separate and confidential consultation; priority in site selection in the host area; relocation near to kin and former neighbors; provision of a contractor, if necessary, to construct their new house; assistance with dismantling salvageable materials from their original home; priority access to all other mitigation and development assistance and monitoring of nutritional and health status to ensure successful integration into the resettled community.
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8 Legal Framework
The legal basis for resettlement in Nigeria is the Land Use Act of 1978, modified in 1990. According to the Act, all land in Nigeria is vested in the Governor of each State, to be held in trust for the use and common benefit of all people. The administration of urban land is directly under the control and management of the Governor, whereas non-urban land is under the control and management of the Local Government Authority. The Governor has the right to grant statutory rights of occupancy to land while the Local government has the right to grant customary rights of occupancy.
Since the Land use Act gives to the State ownership of all land, compensation by TCN is restricted to structures, installations, and improvements on the land, not the land itself. However, the Act does require the State or Local Government to provide alternative land for affected people who will lose farm land, residential (commercial/industrial) plots.
TCN has been carrying out full resettlement programs for transmission line projects and cash compensation has always been paid on a case by case basis, to people who lost buildings, developed plots in order to make way for such projects. Alternatives were not provided except where the State Governments chose to re-allocate the plots.
Under World Bank Operational Policies, however, it is required that; People with rights or claims to the land receive compensation for the replacement value, without depreciation, of land and other assets lost or damaged as a direct result of World Bank-financed project. – this is however not applicable under NETAP (see Section 7 – “Eligibility Criteria” above). Compensation for developments on TCN land will be made in full without depreciation to PAPs. People without rights and claims to the land, but who are physically displaced, will receive other forms of resettlement assistance to help re-establish their previous standard of living and income.
Thus, if conflicts exist between Bank resettlement policies and Nigerian law/TCN practice, the more stringent policy on resettlement will take precedence. Under the NETAP, ERSU-PMU will ensure that subprojects executed by TCN shall ensure that the above hold.
Table 8.1 bellow shows the comparison between the Nigerian and World Bank Resettlement Policies:
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Category Nigerian Law World Bank OP4.12 Measures to Filling the Gaps Minimization No requirement to Involuntary resettlement Design of footprints of of resettlement consider all options should be avoided where project-related activities, of project design in feasible, or minimized, will be undertaken so as order to minimize exploring all viable to minimize resettlement. the need for alternative project designs resettlement or displacement Information It’s lawful to revoke PAPs are required to be PAPs shall be and or acquire land by meaningfully consulted meaningfully consulted Consultation the governor after and participate in the and engaged in the issuance of notice. resettlement process resettlement process No consultation is required. Timing of The law is silent on Compensation Compensation and Compensation timing of payment implementation to take resettlement place before construction implementation to take or displacement place before construction or displacement Livelihood Makes no prescribed Requires that displaced Livelihood restoration restoration mitigation for people/ PAPs should be measures will be put in livelihood assisted in improving their place for PAPs restoration measures livelihoods and standards of living or at least to restore them to pre-project levels. Grievance The land use and Requires that a grievance A grievance redress Process allocation committee redress mechanism be set committee (GRC) shall be appointed by the up early constituting the established early and Governor is representative of PAPs existing local redress responsible for and, prefers local redress process shall be managing all mechanism. The law court considered to address disputes/grievances is the last resort when issues of project induced and compensation available mechanisms or grievances. PAPs or their matters outcomes are representatives shall be unsatisfactory to PAP members of the GRC. Owners of Compensation for an Compensation for the Compensation for the economic trees amount equal to the market value of the yield market value of the yield and crops value as prescribed by plus the cost of nursery to plus the cost of nursery to the appropriate officer maturity (for economic maturity (for economic of the government tree) and labour tree) and labour Community Compensation in Land for land Land for land land with cash to the compensation or any other compensation or any other customary community, chief or in-kind compensation in-kind compensation right leader of the agreed to with the agreed to with the community for the community community
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Category Nigerian Law World Bank OP4.12 Measures to Filling the Gaps benefit of the community Agricultural Entitled to Entitled to alternative Entitled to alternative land alternative agricultural land agricultural land agricultural land Fallow land No compensation Land for land Land for land compensation compensation Statutory and Cash compensation Recommends land-for-land Recommends land-for- customary equal to the rent paid compensation or other land compensation or right Land by the occupier form of compensation at other form of Owners during the year in full replacement cost. compensation at full which the right of replacement cost. occupancy was revoked Land Tenants Entitled to Are entitled to Compensation for crops compensation based compensation for crops cultivated on their rented upon the amount of cultivated on their rented land and any other rights they hold land and any other improvements made, as upon land. improvements made, as well as livelihood well as livelihood restoration restoration. Squatters, Not entitled to Are to be provided Are to be provided compensation for resettlement assistance in resettlement assistance in land, but entitled to addition to compensation addition to compensation compensation for for affected assets; and for affected assets and crops. other livelihood restoration other livelihood measures as needed, restoration measures as needed Owners of Cash compensation Entitled to in-kind Entitled to in-kind “Non- based on market compensation or cash compensation or cash permanent” value of the building compensation at full compensation at full Buildings (that means replacement cost including replacement cost depreciation is labour and relocation including labour and allowed) expenses, prior to relocation expenses, prior displacement and may to displacement. salvage materials without such being deducted from compensation amounts. Owners of Resettlement in any Entitled to in-kind Entitled to in-kind “Permanent” other place by way compensation or cash compensation or cash buildings, of reasonable compensation at full compensation at full installations alternative replacement cost including replacement cost accommodation or labour and relocation including labour and Cash Compensation expenses, prior to relocation expenses, prior displacement and may to displacement.
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Category Nigerian Law World Bank OP4.12 Measures to Filling the Gaps based on market salvage materials without value. such being deducted from compensation amounts.
Table 8.1: Comparison between Nigerian and World Bank Resettlement Policies
A previous sub-section on Eligibility Criteria described these policies in more detail.
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9 Methods of Valuing Assets for the Purpose of Compensation
TCN will engage a Licensed Estate Evaluator to estimate compensation values for transmission subprojects. The Licensed Evaluators will follow their standard estimation procedures, with the following exceptions: Compensation for full replacement value will be paid for structures and other assets. The valuation for crops will consider current yield and market price for various crops, and the replacement cost for economic trees – (each State in Nigeria has its rates).
Bank policy defines “replacement cost” as follows:4 Depreciation is not taken into account. If the remaining part of a demolished asset is not economically viable, compensation is estimated based on the entire asset. For Houses and other structures: The market cost of the materials to build a replacement structure within an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes, and without taking into account the value of any salvage materials, or the value or benefits to be derived from the project.
Information about the rates and types of compensation will be included in the draft Resettlement Plan. Affected people, their leaders and a witness from a Non-Government Organization (NGO) will have the opportunity to comment during the public forum to discuss the draft RAP. The comments will be prepared by the witness NGO and submitted to TCN and a summary of the comments will be attached to the draft plan when it is submitted to the Bank for approval.
4 This definition is taken directly from OP 4.12, footnotes 11, 12; OP 4.12: Annex A, footnote 1. Page 45 of 76
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10 Organizational Procedures for Delivering Compensation and Assistance
10.1 Organizational Responsibilities
ERSU of PMU is charged with the responsibility of preparing the RPF for NETAP projects, and also monitor the implementation of the RAP as needed for the subprojects.
The ERSU-PMU will also be responsible for applying the RPF to NETAP subprojects by preparing and implementing the RAP in conjunction with the Wayleave department of TCN as needed. Since ERSU has benefited from considerable training and capacity-building under the previous NTDP and NEDP, the Unit will provide support and guidance to subproject implementers. Also, ERSU, as part of the NETAP implementation Unit, has the responsibility to see that subprojects are implemented smoothly. In this capacity, ERSU will monitor the preparation and implementation of the RAP for all NETAP subprojects requiring involuntary resettlement.
All relevant Departments in TCN and the respective State Governments will be formally utilized in the payment of compensation as it relates to each stakeholder in the subprojects and adequate consultations with all stakeholders including but not limited to Ward, Village, District Heads, and Chiefs will precede all payments.
10.2 Organizational Capacity-building
The policies and procedures laid out in this document represent a significant departure from past TCN practices. Therefore, some efforts must be made to familiarize the responsible subproject implementers with this RPF, and its specific procedures such as replacement cost valuation and planning of the RAPs. ––
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11 Resettlement Implementation Process
Planning and implementation of resettlement comprise eight steps, as described in the following sub-sections. The scale of such activities will vary tremendously depending on the extent of the activities in question.
1. Consultation with State and Local Government Officials: Explain details of NETAP, possible subprojects planned for the state and the local area, and the RPF and as well set up a committee composed of representatives of local communities, PAPs, State Government authorities, the TCN Corporate Headquarters and the PMU.
2. Reconnaissance Survey: During the design of a particular subproject, a preliminary survey will be carried out to identify people affected. This will provide an early estimate of the scale of the impact that the subproject will have on land, assets, people, and communities.
3. Census and Detailed Inventory: A detailed inventory of the properties affected by the project will be carried out according to the standard of the Property Department procedures, with certain exceptions as detailed in the section above on methods of valuing assets. A 100% census of all people to be affected by resettlement, their land and other assets.
4. Develop RAPs: The ERSU-PMU will ensure that a RAP is prepared for each project for which there will be resettlement, or displacement of persons as a result of the implementation of such sub-project. The attached template provides instructions for how to prepare a RAP. The ERSU may wish to hire the services of an independent Consultant with requisite experience in similar World Bank financed projects to prepare the RAP. The PAPs will nominate a representative that will participate in the review of the RAPs to ensure that their interests have been adequately captured in accordance with the principles laid down above.
5. Hold Public Forum to Discuss the RAPs: The draft RAPs will be made available to the affected people and communities, relevant advocacy/watchdog NGOs, and independent professionals in the sector.5 All these groups, along with local leaders, will be invited to a public forum to discuss the planned provisions. NETAP will engage an independent professional (possibly from a watchdog NGO) to prepare a summary of the public forum discussions. This summary becomes an annex to the RAPs.
6. Submit RAP for Approval: Resettlement staff may revise the draft RAP based on the public forum discussions. The summary of those discussions (cf., preceding sub-section) becomes part of the draft/revised draft of the plan. Bank policy requires that RAPs are submitted to the Bank or a designated government agency for approval before the subproject can be accepted for Bank financing.
7. Disclose Approved RAP to Affected People: The complete approved RAPs will be made available in easily accessible locations in or near the affected areas, and will be disclosed at the Info-Shop of the Bank in Washington DC. In addition, ERSU and subproject implementer staff will ensure that the affected public is adequately sensitized through public meetings, notices,
5 A witness NGO understands and defends the rights and interests of a particular group, in this case the people and communities affected by NEIP subprojects. The Poverty Alleviation Development Centre (PADEC) is an example of an advocacy NGO that could play such a role. PADEC works in several states to carry out mobilization and sensitization activities among poor people. Page 47 of 76
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and handbills/information booklets. The staff may work together with local NGOs to ensure that this information actually reaches the target audience.
8. Sign Compensation Contract and Pay Compensation to Affected People:
ERSU-PMU will supervise the payment of compensation by subproject implementers directly to each affected household in the presence of local government and NGO representatives (as witnesses), at least four to six months before civil works begin.
11.1 Grievance Redress Mechanism
This RPF recognizes that grievances may arise as a fallout of the involuntary resettlement implementation. It therefore, creates a platform and procedure for effective handling of complaints and grievances that are aimed at avoiding lengthy litigation which may hinder or delay project implementation and objectives.
11.1.1 Objective of the GRM The objectives of the grievance redress mechanism are to: Provide an effective avenue for affected persons to express their concerns and resolve disputes that are caused by the project Promote a mutually constructive relationship among PAPs, government and project proponents Prevent and address community concerns, and Assist larger processes that create positive social change Identify early and resolve issues that would lead to judicial proceedings
1 1 . 1 . 2 Composition of Grievance Redress Committee (GRC) A functional Grievance Redress Committee shall be constituted by the PMU in conjunction with the local community to monitor and review the progress of implementation of the scheme or plan of rehabilitation and resettlement of the affected people and to carry out post implementation social audits. The PMU will incorporate the use of existing local grievance redress processes available in the community to addressing disputes that may result from this project. This will entail co-opting the traditional council and some local leaders as members of the GRC. The specific composition of these committees will vary depending upon location and context. Further details will be spelt out at the RAP stage. The main functions of the Committee are to: Publicize within the list of affected persons and the functioning of the grievance redressed Procedure established; Verify grievances and their merits; Recommend to the PMU solutions to such grievances; Communicate the decisions to the Claimants; Ensure that all notices, forms, and other documentation required by Claimants are made available in Local language understood by people Ensure documentation of all received complaints and the progress of remediation. Page 48 of 76
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11.1.3 Grievance Redress Process The structure or steps of the grievance mechanism shall comprise of: Receive, register and acknowledge complaint Screen and establish the foundation of the grievance Implement and Monitor a redress action Advise for a judicial proceedings as last resort if necessary Document the experience for future reference
Receive, Register and Acknowledge complaint The PMU will establish a register/complaint log book for all complaints at the project level. The PMU is required to maintain/designate the register at a centre close to the people. The log book will contain: 1) the complainant’s name, 2) date of complaint, 3) nature of complaint, 4) follow-up action and schedule. The proponent/PMU will communicate to PAPs prior to RAP implementation about the functions of the GRC, and the process to accessing redress. It must be noted that proper and honest responses to grievances, an apology, adequate compensation, and modification of the conduct that caused grievances are fair remedies for grievance redress. Therefore, the GRC should be trained on the diplomacy of handling aggrieved persons while verifying/screening the merit or otherwise of his/her complaints.
Screen and Establish the Foundation/Merit of the Grievance The GRC will upon receipt and registration of grievance proceed to investigate the cause/merit of the complaints. This should be undertaken within one (1) week of receiving complaints. Depending on the nature and complexity of the matter in question the GRC may invite the parties involved in the process of investigation and redress.
Implement and Monitor a Redress Action Once the cause of the grievance and eligibility of the PAP is established, the GRC shall recommend to the PMU the remedial package or line of action to address the grievance in line with established entitlement matrix. The PMU shall spell out in writing to the aggrieved PAP(s) and copied to the GRC within two weeks of resolution of grievance, of its commitment and when to pay the compensation. This is particularly necessary if the PMU will need to obtain “NO Objection” or undergo application procedure in funding the resettlement, which may take some time. The GRC will issue a grievance resolution form to be completed and endorsed by the complainant confirming resolution of the grievance. It is recommended that implementation of the redress action plan be witnessed and monitored by the GRC and/or a third party. If established that PAP was ineligible for the claim he/she presented, the GRC will persuade the PAP to drop the complaint.
Alternative Action for Dissatisfied Aggrieved Persons In the event that the aggrieved person is dissatisfied with the resolution/decision of the GRC, he/she can bring the matter up to the project coordinator at PMU, who will expedite actions to logical resolution within 2 to 4 weeks of receipt of complaints. Where the matter appear unresolved or unsatisfactory to the complainant, court of law will be a last resort to seek redress.
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11.2 Financing of the Grievance Redress Mechanism and Cost of Remediation The proponent shall be responsible for the funding of logistics for the GRC as well as the eventual compensation or resettlement remediation that aggrieved party may be entitled to. The proponent will also be responsible for the cost of the judicial process for cases that result to court for adjudication.
Steps Process Description Completion Time Responsible frame Agency/Person 1 Receipt of complaint Document date of receipt, 1day Secretary to GRC at project name of complainant, level village, nature of complaint, inform the PMU 2 Acknowledgement of By letter, email, phone 1-5 days Social safeguard officer at grievance PMU 3 Screen and Establish Visit the site; 7-14 days GRC including the social the Foundation/Merit listen to the safeguard officer and the of the Grievance complainant/community; aggrieved PAP or his/her assess the merit representative 4 Implement and Where complaint is 21-30 days or at a PC-PMU and Social monitor a redress justified, carry out time specified in safeguard Officer action resettlement redress in line writing to the with the entitlement aggrieved PAP matrix/OP 4.12 5 Extra intervention for Review the redress steps and 2-4 weeks of PC-PMU a dissatisfied scenario conclusions, provide receiving status intervention solution report 6 Judicial adjudication Take complaint to court of No fixed time Complainant law 7 Funding of grievance GRC logistics and training, No fixed time The proponent (government process redress compensation, court or investor) process
TABLE 11.1-2: IMPLEMENTATION PLAN FOR GRIEVANCE REDRESS MECHANISM
11.3 Budget and Funding Arrangements A detailed inventory of all affected assets carried out while preparing the RAP, will provide the basis for estimating the compensation and assistance costs for each subproject. The funds will be disbursed in the same manner as the other subproject funds and will comply with the regulations of the Federal Government of Nigeria on disbursement of funds by government agencies (i.e. direct transfer to bank accounts of the respective beneficiaries. The funds for the implementation of the recommendations of this RPF and the entire resettlement process will be provided from TCN Internally Generated Revenue (IGR) or Federal Government Annual Appropriation. The following estimated budget is planned for the implementation of any likely resettlement activity under NETAP;
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S/N Item Estimate (USD)
1. NGOs/CBOs, National and Regional Consultations 260,000.00 2. Procurement of a Consultant that will anchor/coordinate the stakeholder 300,000.00 consultations, identify any vulnerable groups and prepare the GRM 3. Consultancy for the preparation of RAPs. 300,000.00 4. Capacity building and training of implementers of the GRM and RAPs 500,000.00 5. Payment of compensation 1,950,000.00 6 Monitoring the Implementation of the RAP 320,000.00 Grand Total 3,630,000.00
11.4. Participation of PAPs in Resettlement Process
The main avenue for PAP participation will be via stakeholder consultation and Grievance Redress Mechanism (GRM). Consultation with PAPs will be held at various levels to ensure that PAPs are adequately informed about the project and have the chance to make informed decisions regarding their position on the project. The initial consultation on NETAP will be held with NGOs and CBOs because they have the privilege of being close to the communities that will directly be impacted by the project and thus provide a first-hand opinion of their respective host communities. At the national level, the stakeholders will be leaders of the various sectors of the Power Industry (Federal Ministries of Power, Environment, Women, Youth and Social Development, Nigerian Electricity Regulatory Commission (NERC), Representatives of the States where the sub-projects under NETAP are likely to take place and the World Bank. It will also include NGOs and CBOs from the various regions where NETAP will be implemented.
At the regional level the State and Local government representatives, NGOs and CSOs, women and youth groups. Special attention will be given to women, youth groups and other disadvantaged groups within the various communities given that they are most negatively impacted when the negative impacts of the project like loss of livelihood or access to social amenities become limited as a result of the project.
ERSU will inform the public about the approved RAPs through public meetings, putting up notices, and distributing information booklets. The reports of the various consultations will be submitted to the Bank for comments and further recommendations on implementation. The outcome of the consultation will be used in preparing the preferred type and structure for Grievance Redress.
People can also participate through the grievance redress procedures, outlined in the sub-section above. Adequate consultations with PAPs and other stakeholders will be undertaken and their views will be taken into account. This will be used in preparing any resettlement plan that may be required.
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Consultations with the various PAPs will be held and the reports, including the agreed GRM will be attached to this RPF as an annex after obtaining clearance from Bank.
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12 NETAP Resettlement Implementation Monitoring
12.1. Internal Monitoring
The ERSU of PMU will monitor the implementation of the RAP for each sub-project and produce quarterly reports on the progress which will be forwarded to the World Bank.
The reports are expected to contain a short description of progress and disbursement, and any issues, problems, lessons learned, etc. The reports will also contain a series of tables measuring progress against the implementation schedule for completing the activities leading up to the approval of the RAPs, and subsequently against the implementation schedule laid down in the plan itself.
The reports relating to resettlement may form part of the general report on the overall progress of the subproject.
ERSU, as part of the Unit charged with implementing the NETAP, will: 1 Follow up with the subproject implementers on issues bothering on resettlement activities. 2 Conduct an annual assessment of resettlement issues and activities related to the investments, based on a review of documentation, and site visits to each subproject. 3 Copies of this report will be forwarded to the respective State Governments and the TCN Regional General Managers where the subprojects are being implemented and also to the Bank.
12.2. External Monitoring
Eight to twelve months after NETAP begins, the Bank will engage an independent consultant to assess the resettlement, compensation and assessment process, including this framework. The Consultancy will give particular attention to how resettlement social issues for the subprojects have been handled. The Consultancy may also be combined with the one meant to examine the ESMF of NETAP in general.
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Appendix 1: NETAP RAP template
Preface The proposed NETAP will finance specific programs to increase quantity, quality and access to the electricity network. NETAP will also provide targeted technical assistance and capacity building support to the FGN agencies to support the implementation of the Project. These subprojects may have negative impacts on people’s property, other assets, incomes, etc., principally because the right-of-way will have to be cleared for transmission lines to pass freely.
In order to safeguard people’s interests, the Bank requires that policies and procedures be worked out in advance as to how people will be compensated for lost assets and income. Initially, the NETAP planners can only do this in a very general way, because the specific lines and sub-stations to be upgraded and improved have not yet been selected. The general objectives, principles, policies, and procedures in regard to resettlement under NETAP are presented in this NETAP RPF.
Bank policy requires that more detailed documents, RAPs, be prepared once specific subprojects (in this case, power transmission lines and sub-stations have been identified, especially if these subprojects will damage or destroy people’s property, other assets, income, standard of living, etc. If a subproject will entail this sort of negative impact, it cannot receive Bank financing until the Bank or a Bank-designated government agency has approved the RAP for such a project.
The same Bank policy sets out very specific requirements as to what such RAPs must contain.6 This document, the NETAP RPF template, provides guidelines to ensure that the RAP(s), prepared as necessary for NETAP subprojects, contain all the requisite information. See annex 1
How to Use This Template The word “Template” is generally defined as: A pattern or gauge, such as a thin metal plate with a cut pattern, used as a guide in making something accurately, as in woodworking. Similarly, this document will guide users in preparing an acceptable NETAP RAP for specific subprojects.
Below are seven sectioned headings, highlighted in bold print. These seven section headings must appear in the RAP, exactly as written and numbered here.
These are some guidelines as to what information should be contained in each section. It is the responsibility of the persons preparing the NETAP RAP and ultimately the responsibility of the ERSU to ensure that each section contains all the required information. The sections may contain additional information, at the discretion of those preparing the plan, but they must at minimum contain the information described below.
6 The Bank Operational Manual containing this policy is available online at www.worldbank.org. The relevant policy on RAPs is OP 4.12: Involuntary Resettlement—Annex A: Involuntary Resettlement Instruments. Paragraph 25 specifies the topics that the type of RAP required for NEIP must contain. Additional information on what each topic should cover is contained in paragraphs 6 (a), 11, 12, 19, and 20. Page 54 of 76
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Outline of a Resettlement Action Plan
Introduction Briefly describe the project. List project components including associated facilities (if any). Describe project components requiring resettlement; give overall estimates of resettlement.
Minimizing Resettlement Describe efforts made to minimize displacement. Describe the results of these efforts. Describe mechanisms used to minimize displacement during implementation.
Census and Socioeconomic Surveys Provide the results of the census, assets inventories, natural resource assessments, and socioeconomic surveys. Identify all categories of impacts and people affected. Summarize consultations on the results of the various surveys with affected people. Describe need for updates to census, assets inventories, resource assessments, and Socio-economic surveys, if necessary, as part of RAP monitoring and evaluation.
Legal Framework Describe all relevant local laws and customs that apply to resettlement. Identify gaps between local laws and World Bank Group policies, and describe project-specific mechanisms to address conflicts. Describe entitlement policies for each category of impact and specify that resettlement Implementation will be based on specific provisions of agreed RAP. Describe method of valuation used for affected structures, land, trees, and other assets. Prepare entitlement matrix.
Resettlement Sites Does the project require community relocation sites? Have affected people been involved in participatory processes to identify sites, assess advantages and disadvantages of each site, and select preferred sites? Have the affected people been involved in developing an acceptable strategy for housing replacement? Will new housing be constructed/allocated? Does the project involve allocation of agricultural land or pasture/rangeland? Have the individual households that will be allocated lands been involved in identifying potential new sites, and have they explicitly accepted the selected sites? Describe the specific process of involving affected populations in identifying potential housing sites, assessing advantages and disadvantages, and selecting sites. Describe the feasibility studies conducted to determine the suitability of the proposed sites, including natural resource assessments (soils and land use capability, vegetation and livestock carrying capacity, water resource surveys) and environmental and social impact assessments of the sites. Page 55 of 76
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Demonstrate that the land quality and area are adequate for allocation to all of the people eligible for allocation of agricultural land. Provide data on land quality and capability, productive potential, and quantity. Give calculations relating to site requirements and availability. Describe mechanisms for: 1) procuring, 2) developing and 3) allotting resettlement sites, including the awarding of title or use rights to allotted lands. Provide detailed description of the arrangements for site development for agriculture, including funding of development costs. Have the host communities been consulted about the RAP? Have they participated in the identification of likely impacts on their communities, appropriate mitigation measures, and preparation of the RAP? Do the host communities have a share of the resettlement benefits?
Income Restoration Are the compensation entitlements sufficient to restore income streams for each category of impact? What additional economic rehabilitation measures are necessary? Briefly spell out the restoration strategies for each category of impact and describe their institutional, financial, and technical aspects. Describe the process of consultation with affected populations and their participation in finalizing strategies for income restoration. How do these strategies vary with the area of impact? Does income restoration require change in livelihoods, development of alternative Farmlands or some other activities that require a substantial amount of training, time for preparation, and implementation. How are the risks of impoverishment to be addressed? What are the main institutional and other risks for the smooth implementation of the resettlement programs? Describe the process for monitoring the effectiveness of the income restoration measures. Describe any social or community development programs currently operating in or around the project area. If programs exist, do they meet the development priorities of their target communities? Are there opportunities for the project proponent to support new programs or expand existing programs to meet the development priorities of communities in the project area?
Institutional Arrangements Describe the institution(s) responsible for delivery of each item/activity in the entitlement policy; implementation of income restoration programs; and coordination of the activities associated with and described in the resettlement action plan. State how coordination issues will be addressed in cases where resettlement is spread over a number of jurisdictions or where resettlement will be implemented in stages over a long period of time. Identify the agency that will coordinate all implementing agencies. Does it have the necessary mandate and resources? Describe the external (non-project) institutions involved in the process of income restoration (land development, land allocation, credit, training) and the mechanisms to ensure adequate performance of these institutions. Discuss institutional capacity for and commitment to resettlement.
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Describe mechanisms for ensuring independent monitoring, evaluation, and financial audit of the RAP and for ensuring that corrective measures are carried out in a timely fashion.
Implementation Schedule List the chronological steps in implementation of the RAP, including identification of agencies responsible for each activity and with a brief explanation of each activity. Prepare a month-by-month implementation schedule (using a Gantt chart, for example) of activities to be undertaken as part of resettlement implementation. Describe the linkage between resettlement implementation and initiation of civil works for each of the project components.
Participation and Consultation Describe the various stakeholders. Describe the process of promoting consultation/participation of affected populations and stakeholders in resettlement preparation and planning. Describe the process of involving affected populations and other stakeholders in implementation and monitoring. Describe the plan for disseminating RAP information to affected populations and stakeholders, including information about compensation for lost assets, eligibility for compensation, resettlement assistance, and grievance redress. Grievance Redress Describe the step-by-step process for registering and addressing grievances and provide specific details regarding a cost-free process for registering complaints, response time, and communication modes. Describe the mechanism for appeal. Describe the provisions for approaching civil courts if other options fail.
Monitoring and Evaluation Describe the internal/performance monitoring process. Define key monitoring indicators derived from baseline survey. Provide a list of monitoring indicators that will be used for internal monitoring. Describe institutional (including financial) arrangements. Describe frequency of reporting and content for internal monitoring. Describe process for integrating feedback from internal monitoring into implementation. Define methodology for external monitoring. Define key indicators for external monitoring. Describe frequency of reporting and content for external monitoring. Describe process for integrating feedback from external monitoring into implementation. Describe arrangements for final external evaluation.
Costs and Budgets Provide a clear statement of financial responsibility and authority. List the sources of funds for resettlement and describe the flow of funds. Ensure that the budget for resettlement is sufficient and included in the overall project budget.
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Identify resettlement costs, if any, to be funded by the government and the mechanisms that will be established to ensure coordination of disbursements with the RAP and the project schedule. Prepare an estimated budget, by cost and by item, for all resettlement costs including planning and implementation, management and administration, monitoring and evaluation, and contingencies. Describe the specific mechanisms to adjust cost estimates and compensation payments for inflation and currency fluctuations. Describe the provisions to account for physical and price contingencies. Describe the financial arrangements for external monitoring and evaluation including the process for awarding and maintenance of contracts for the entire duration of resettlement.
Annexes Copies of census and survey instruments, interview formats, and any other research tools Information on all public consultation including announcements and schedules of public meetings, meeting minutes, and lists of attendees. Examples of formats to be used in monitoring and reporting on RAP implementation.
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Annex 1: Budget for Implementing the Resettlement Action Plan for NETAP Sub-Projects.
Item Cost Remark Timing Source of Channel of Funds Disbursement Project Operations Salaries Payment of project TCN TCN staff and other support staff Office/Administration Equipment, TCN TCN supplies and communications Transportation Inclusive of NETAP NETAP allowances, vehicles fueling & maintenance Consulting Services RAP preparation NETAP NETAP including mapping, census and surveys consultation, community development plans, monitoring &evaluation framework, etc. Miscellaneous Allowances, NETAP NETAP publications Meetings, etc. Compensation Evaluation and Payments Compensation for Based on average TCN TCN lost crop production monthly production for landowners and value of crops for tenants each land type multiplied by eight (8) months (i.e. time between last crop and commencement of project-related employment) per land-holding of all affected households Compensation for Based on estimated TCN TCN dwellings and replacement value Structures per square meter multiplied by total area of dwellings and structures
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multiplied by number of all affected households. Compensation for Based on an TCN TCN trees inventory of trees per affected house and market value per variety Compensation for Based on a flat-rate TCN TCN enterprises estimate to revenue lost during relocation of enterprise to new site established by the resettlement committee. Compensation for Moving/disturbance TCN TCN moving/disturbance allowance of $200 per family or enterprise (i.e., 15% of average house/enterprise value) Resettlement Site Planning Infrastructure Drains, water TCN Building points, pavement, Contractor community center, community lighting in consultation with resettlement committee Monitoring & Evaluation RAP Monitoring Quarterly NETAP NETAP monitoring for six quarters @ $2,500 per quarter RAP Evaluation Final quarter NETAP Services evaluation Contractor Community Development Agricultural Agricultural inputs, TCN Consulting extension services training, post- Services production and Contractor marketing services Small enterprise Small NETAP National NGO training manufacturing and services
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Revolving credit Enterprise NETAP National NGO development Totals Sub-total all items Contingency 10% of sub-total NETAP
Total
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Annex 1. Consultations
2.0 Minutes of Meeting: - Inaugural Stakeholders’ Consultation on the Proposed Nigeria Electricity Transmission Project (NETAP).
Date: - 28th March, 2017. Time: - 3:30 pm. Venue: - Conference Room, TCN- PMU Office, – 7 Hombori Street, Wuse II Abuja - FCT.
2.1 Agenda :
1. Opening/ Welcome Address - General Manager, TCN –PMU 2. Introduction - All Stakeholders in attendance
3. Presentations: NETAP Background - General Manager, TCN -PMU.
NETAP Technical Components/ Financial Implications - General Manager, TCN -PMU. Environmental and Social Safeguards - Coordinator, ERSU
4. Interactive session with the stakeholders
5. AOB
6. Vote of Thanks - General Manager, TCN -PMU
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2.2 Proceedings of meeting:
2.2.1 OPENING The meeting commenced at about 3:40pm with a welcome address by the GM, PMU. . He apologised for the slight delay in the commencement of the meeting and also appreciated the prompt response of the invitees in honouring the invitation to attend the meeting.
The GM-PMU intimated that the consultation was the first of several consultations to be convened throughout the duration of the project, emphasizing that it was pertinent for a synergy to be established between concerned stakeholders through regular, prior and informed consultations for project success and sustainability.
2.2.2 INTRODUCTIONS
After the GMs’ welcome address, all of the stakeholders in attendance at the meeting introduced themselves.
2.2.3 PRESENTATIONS
2.2.3a: NETAP Background
The GM gave a general overview of the Electricity Industry, stating that it is made of three basic Sectors, namely; Generation, Transmission and Distribution.
He further explained that the recent privatisation exercise that took place as a fallout of the power reform activities in Nigeria has seen the Generation and Distribution Sectors ceded to privates investors while the Transmission Sector remains 100% in government control.
He mentioned that the World Bank had partnered with TCN on earlier projects (i.e. NTDP, NEDP, NEGIP) and NETAP is the fourth project which is expected to come on stream.
The GM intimated that aside from complementing the Federal Governments efforts at developmental endeavours in the country, the World Bank loans attract minimal interests (1.5% - 2.5%) with long payments period (30 – 40years).
2.2.3b: NETAP Components
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The GM explained that the investment was basically to rehabilitate, reinforce and expand the transmission infrastructure in the country in anticipation of increased power generation, while pointing out that the existing transmission infrastructure was robust enough to wheel the power presently being generated by the GenCos. He also pointed out that the Transmission Substations and Transmission lines selected for the intervention covered all the Geo-Political zones in Nigeria, mentioning that the total project cost was estimated at US $486 million.
2.2.3c: Environmental and Social Safeguards
The Coordinator ERSU explained that such development projects were meant for the wellbeing of the people and not necessarily to cause harm. Therefore in recognition of this fact, the World Bank ensures that the projects it sponsors are guided by appropriate Environmental and Social Safeguards measures through the use of relevant safeguard instruments.
For this project he stressed, it was a requisite that such instruments such as an Environmental and Social Management Framework (ESMF) and also a Resettlement Policy Framework (RPF) must be produced and approved by the World Bank before final approval is given for the overall Project. He expounded that these documents are expected to address anticipated environmental and social issues which may arise as a direct consequence of the impact of the Project on the project environment before, during or after implementation.
He further buttressed the fact that consultations at all levels necessary was key to the success of the project and entreated stakeholders to be partners in the development process.
2.2.4 QUESTIONS, CONCERNS & SUGGESTIONS After the presentations, the Forum went into a session where various questions, concerns were raised (see Appendix III for details).
2.2.5 VOTE OF THANKS/ CLOSING Chief Njoku P. C. (Environmental and Social Consultant - PMU) gave the vote of thanks, appreciating the contributions from all participants and also the TCN-PMU for deeming necessary to consult with the Stakeholders and appealed to the stakeholders to see the projects as their own while asking them to serve as links with other grass-root stakeholders as the project progresses.
2.3 Summary of Observations
i. The Inaugural Stakeholders’ forum was very well attended, indicating the willingness by stakeholders to work in corroboration with the Project implementers, though representation could have been more but for the short notice especially considering the transport (shutdown International airport in Abuja).
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The Stakeholders’ Forum as veritable communication tool went a long way in conveying information and obtaining the buy-in of the stakeholders towards galvanizing the smooth implementation of the Project.
The Forum came to a close at about 5:16 pm.
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Appendix I ( List of Attendees with Signatures)
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Appendix II (Photographs of the Event)
Figure 1: Engr. A. J. Ciroma (GM – PMU welcoming the stakeholders to the Meeting.
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Figure 2: Mr. Aromeh Adole (Coord. ERSU) buttressing a point during the Stakeholders’ Meeting.
Figure 3: A cross-section of Stakeholders listening with rapt attention to the presentation by the GM PMU. Page 69 of 76
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Figure 4: Mr. Baaki John (Women Environmental Programme - WEP) asking a question at the Stakeholders’ meeting.
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Figure 5: Some of the Stakeholders in a group photograph at the end of the Meeting.
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Appendix III Questions raised with answers/clarifications provided by the PMU.
Question: Could part of the credit be invested in generation projects in order to increase the capacity of generation since the power problem facing the country has its roots in low power generation?
Answer: Only the Transmission sector remains 100% within government control since the privatization of the Power sector in Nigeria. The Generation and distribution companies have been sold off to private companies who are expected to bring the various utilities they purchased to full capacity within a certain period. In the light of the above the Federal Government now focuses on the improvement of transmission infrastructure while the generation and distribution companies are expected to and are investing in their respective utilities to improve generation and distribution capacities
Question: Could the PMU share the list of Sub-stations which have be selected for the NETAP programme with the Stakeholders to enable them make informed inputs?
Answer: The Coordinator ERSU will make the tentative list available.
Question: Is there a structure in place for proper accountability and reporting during project implementation?
Answer: World Bank projects possess one of the most robust accountability and monitoring systems with very meticulous and transparent procurement and disbursement procedures. Disbursement processes under World Bank financed projects are backed with strict approval requirements that for jobs done before payments are made. In addition, consultations such as this is a veritable tool used by the Bank to ensure accountability through feedbacks from relevant stakeholders.
Question: How will project duplication be avoided since TCN-PMU is not the only entity executing Power Projects in Nigeria?
Answer: Enquiries have been made through wide consultations with other government agencies (i.e. NIPP, TCN, Federal Ministry of Power and other donor agencies. .) involved in similar power projects, and the scope of the projects have been narrowed down to the ones on the list after eliminating those that are also receiving attention in other programmes.
Question: Are there strategies put in place for continuation of the selected projects beyond the expiration of the tenure of the present government, given the fact that
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projects initiated by previous administrations tend to be abandoned by in-coming new ones?
Answer: World Bank projects are backed with funding that caters for all aspects of the projects from conception to completion with well laid out implementation structures. This guarantees the continuation of the projects, irrespective of which administration is in power.
Question: Is the problem in the Power industry really understood, especially considering the fact that so many projects have been going on for quite some time in the country, yet the impact is barely felt by the end user?
Answer: Every sector in power knows the state of her equipment and facilities and what needs to be done. Concerted efforts are being made by all relevant stakeholders to ensure the electricity situation is addressed adequately.
Question: Is there a plan for safe decommissioning of replaced equipment?
Answer: Basically, equipment that are replaced, if not completely unusable, are usually taken to other locations where they would be put to use. However, for condemned equipment, TCN has an arrangement with designated external contractors who purchase and evacuate such equipment as Scrap.
Question: Is the Nigeria Environmental Standards and Regulatory Agency (NESREA) involved in dealings with foreign producers of equipment because there are certain obligations expected of these manufacturers at the end of the lifespan of such equipment which should be enforced.
Answer: NESREA along with the Federal Ministry of Environment (FMEnv.) have always been involved in our (PMU) activities.
Question: Is Environmental Safeguards and Environmental Impact Assessment the same?
Answer: Environmental Safeguard is a broad term which basically means prevention and mitigation of undue harm to people and the environment. This can be achieved through the use of appropriate safeguard instruments such as ESIAs, ESMPs, ESMFs, RAPs etc. In other words, Environmental Safeguards are end products while ESIAs, ESMP, RAPs, etc are the tools used to achieve these ends.
Question: Is TCN making efforts towards the use of ‘alternative sources of energy’ which are known to be friendly o the environment?
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Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
Answer: Basically, TCN concerns itself with providing electricity transmission services though some private companies are investing in alternative sources of energy, mainly Solar power.
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Annex 2. Cost Breakdown for Implementing the RAP.
Below is the estimated cost of implementing the Resettlement Action Plan and other associated activities.
Estimated Total Quantity S/N Item Description Unit Cost Estimate (No.) (USD) (USD) Consultations with stakeholders of NETAP, especially PAPs in the area where involuntary resettlement will occur. This is meant to create awareness on NETAP and set up the resettlement committee that will implement the RAP. Under NETAP involuntary resettlement is anticipated to occur where the ROW of the possible Transmission lines to be rehabilitated (Osogbo-Offa; 50km, Offa-Omuaran-Ganmo; 80km, Ayede-Shagamu; 54km, Osogbo- Consultations with Ife/Ilesha;61km, Portharcourt Main-Portharcourt Town; 6km, Afam- stakeholders Portharcourt Main; 37.8km, Alaoji-Aba Town; 8km, Irrua-Benin; 81km, 1 10,000.00 30 300,000.00 especially PAPs at Irrua-Okpila; 43km, Okpila-Okene; 65km, Ajaokuta-Okene; 60km, the local levels. Gombe-Biu-Damboa-Maiduguri; 356km, Kumbotso-Hadejia; 165km, Kumbotso-Kankia; 100km, Onitsha-Oji River; 87km) have been encroached – mainly in sections that pass through settlements. The consultations will be held before and during the implementation of the project at designated locations for each of the Transmission lines. An estimated cost of about N5, 000,000.00 (USD 10,000.0) per consultation (2 per Transmission line) is estimated. Procurement of a Consultant that will anchor/coordinate A Consultant with good experience in stakeholder consultations and the stakeholder management of stakeholder expectations in World Bank financed projects 2 consultations, 300,000.00 1 300,000.00 involving resettlement programmes will be hired to coordinate the stakeholder identify any consultations. vulnerable groups and prepare the GRM
75 / 76 Resettlement Policy Framework (RPF) for the Nigeria Electricity Transmission Project (NETAP).
A Consultant with good experience in the preparation and implementation of Consultancy for Resettlement Action Plans (RAPs) in World Bank assisted projects will be 3 the preparation of 300,000.00 1 300,000.00 hired to prepare, implement and prepare the closure reports on the RAP implementation of the RAP in accordance with OP 4.12.
Capacity building and training of Training will be provided for members of the Resettlement Committee to ensure 4 implementers of 1 500,000.00 the implementation of the Resettlement is in line with the provisions of OP 4.12. 500,000.00 the GRM and ARAP A preliminary assessment and additional information from the TCN Regional Offices revealed that only about 3% of the entire length of the Transmission line was encroached – mainly on the Osogbo-Offa, Offa-Omuaran-Ganmo, Ayede- Shagamu, Osogbo-Ife/Ilesha, Portharcourt Main-Portharcourt Town, Afam- Payment of Portharcourt Main, Alaoji-Aba Town, Irrua-Benin, Irrua-Okpila, Okpila- 5 15 2,250,000.00 compensation Okene, Ajaokuta-Okene, Gombe-Biu-Damboa-Maiduguri, Kumbotso-Hadejia, 150,000.00 Kumbotso-Kankia and Onitsha-Oji River axes. This includes artisans (welders, brick makers), traders, farmers (mainly seasonal crops such as cassava, yam etc.) and some structures (houses, fences, shops) involving up to approximately 600 individuals.
Cost of Hotel and Per-Diem, transportation and logistics for monitoring the Monitoring the effective implementation of the RAPs and GRM by ERSU-PMU and other 6 Implementation of 2,500.00 140 350,000.00 members of the implementation committee (Quarterly). – @ 2,500 per site, per the RAP quarter, per year for 2 years.
Grand Total GRAND TOTAL 4,000,000.00
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