Resettlement Action Plan

Home , Ahoada, Andoni, Greater Port Harcourt, Isaac Boro Park, Omuma, Opobo

RESETTLEMENT ACTION PLAN

FOR THE

Public Disclosure Authorized PORT HARCOURT AND OBIO/AKPOR WATER SUPPLY AND SANITATION PROJECT

Public Disclosure Authorized

Public Disclosure Authorized Final Report Resettlement Action Plan

Ministry of Water Resources and Rural Development Public Disclosure Authorized Rivers State Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Final Report

Resettlement Action Plan

Ministry of Water Resources and Rural Development Rivers State

Prepared By Hospitalia Consultaire Ltd 2, Masaka Close Off Olusegun Obasanjo Way, Zone 7, Wuse District, Abuja, Nigeria.

i Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

TABLE OF CONTENTS

LIST OF TABLES ...... V

LIST OF FIGURES ...... V

ABBREVIATIONS AND ACRONYMS ...... VIII

EXECUTIVE SUMMARY ...... X

CHAPTER ONE INTRODUCTION ...... 1

1.0 OVERVIEW ...... 1 1.1 PROJECT BACKGROUND ...... 1 1.1.1 INSTITUTIONAL ORGANIZATION ...... 2 1.1.2 CURRENT SITUATION OF URBAN WATER SUPPLY AND SANITATION IN RIVERS STATE ...... 3 1.1.3 PROJECT COMPONENTS ...... 5 1.2 JUSTIFICATION FOR THE PREPARATION OF RAP ...... 7 1.3 AIMS AND OBJECTIVES OF THE RAP ...... 8 1.4 SCOPE OF WORK ...... 8 1.5 RAP METHODOLOGY ...... 9

CHAPTER TWO DESCRIPTION OF THE PROJECT AREA ...... 11

2.1 OVERVIEW OF RIVERS STATE ...... 11 2.1.1 LOCAL GOVERNMENT AREAS ...... 12 2.1.3 PEOPLE ...... 15 2.1.4 ECONOMY ...... 15 2.1.5 MINERAL RESOURCES ...... 15 2.1.6 AGRICULTURE ...... 15 2.1.7 TOURISM ...... 16 2.2 PORT HARCOURT AND OBIO/AKPOR LGAS ...... 16 2.2.1 HOUSING IN THE PROJECT AREA ...... 16 2.2.2 WATER SUPPLY IN THE PROJECT AREA ...... 17 2.2.3 LOCAL ECONOMY OF THE PEOPLE OF THE PROJECT AREA ...... 17 2.2.4 GREATER PORT-HARCOURT DEVELOPMENT AUTHORITY (GPHDA) ...... 18 2.3 SOCIO-ECONOMIC BASELINE CONDITIONS OF PROJECT AFFECTED PERSONS (PAPS) ...... 18 2.3.1 GENDER DISTRIBUTION OF PAPS ...... 18 2.3.2 AGE DISTRIBUTION OF PAPS ...... 20 2.3.3 MARITAL STATUS OF PAPS ...... 21 2.3.4 EDUCATIONAL STATUS OF PAP ...... 21 2.3.5 INCOME STATUS OF PAPS ...... 22

CHAPTER THREE POLICY AND REGULATORY FRAMEWORK ...... 24

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3.0 POLICY AND REGULATORY FRAMEWORK ...... 24 3.1 THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) OF THE NATIONAL URBAN WATER SECTOR REFORM PROJECT 1 & 2 (NUWSRP) ...... 24 3.2 THE RESETTLEMENT POLICY FRAMEWORK (RPF) OF THE NUWSRP 1&2 ...... 25 3.3 WORLD BANK SAFEGUARD POLICIES ...... 26 3.4 AFRICAN DEVELOPMENT BANK INVOLUNTARY RESETTLEMENT POLICY (2003) ...... 26 3.5.1 AFDB GENDER POLICY 2001 ...... 29 3.6 POLICY ON DISCLOSURE AND ACCESS TO INFORMATION (DAI) ...... 29 3.7 CONCLUSION DRAWN FROM REVIEW OF AFDB AND WORLD BANK POLICIES ON INVOLUNTARY RESETTLEMENT ...... 29 3.8 NIGERIA LAW/LAND USE ACT ...... 30 3.9 COMPARISON BETWEEN LAND USE ACT AND THE WORLD BANK’S (OP4.12/OS2) POLICIES AND AFDB’S INVOLUNTARY RESETTLEMENT POLICY (2003) ...... 31

CHAPTER FOUR IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS 33

4.1 APPROACH TO IMPACTS AND PAPS IDENTIFICATION ...... 33 4.2 DISCUSSION OF PROJECT IMPACTS ...... 34 4.3 IMPACT REDUCTION MEASURES UNDERTAKEN ...... 35 4.4 INVENTORY OF AFFECTED ASSETS/STRUCTURES IN THE PROJECT AREA ...... 36 4.5 CENSUS OF PROJECT AFFECTED PERSONS (PAPS) ...... 36 4.5.1 ANALYSIS OF IMPACTS AND INCOME RESTORATION MEASURES FOR VULNERABLE GROUP/PAPS 36 4.5.2 PERFORMANCE INDICATORS FOR ASSESSING INCOME RESTORATION ...... 37 4.6 ENTITLEMENT MATRIX FOR THE PAPS ...... 37 4.7 DESCRIPTION OF ELIGIBILITY CRITERIA FOR DEFINING VARIOUS CATEGORIES OF PAPS ...... 38 4.7.1 PAPS LOSING PERMANENT STRUCTURES-FOR RESIDENTIAL (IMMOVEABLE STRUCTURES) ...... 39 4.7.2 PAPS LOSING PERMANENT STRUCTURES-FOR BUSINESS (IMMOVEABLE STRUCTURES) ...... 39 4.7.3 PAPS WITH MOVEABLE STRUCTURES ...... 39 4.8 DURATION FOR CIVIL WORKS ...... 40 4.9 CUT-OFF DATE ...... 40 4.10 PROOF OF ELIGIBILITY ...... 40

CHAPTER FIVE VALUATION AND COMPENSATION OF...... 41

AFFECTED STRUCTURES AND PROPERTY ...... 41 5.1 INTRODUCTION ...... 41 5.2 METHOD OF VALUATION FOR COMPENSATION ...... 42 5.3 SUMMARY OF COMPENSATION AND RESETTLEMENT BUDGET FOR PAPS ...... 43 5.4 DELINEATION OF BUDGET COMPONENTS BY PROJECT PACKAGE AND WORK AREA/STRETCH 44 5.5 PROCEDURE FOR DELIVERY OF ENTITLEMENTS ...... 44 5.5.1 ENGAGEMENT OF CONSULTANT/NGO ...... 44 iii Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

5.5.2 RAP COMPENSATION PROCESS ...... 45 5.5.3 COMPENSATION PAYMENT ADMINISTRATION ...... 45 5.6 RESETTLEMENT IMPLEMENTATION LINKAGE TO CIVIL WORKS ...... 46

CHAPTER SIX GRIEVANCE REDRESS MECHANISM...... 47

6.1 INTRODUCTION TO GRIEVANCE REDRESS MECHANISM ...... 47 6.2 GRIEVANCES AND APPEALS PROCEDURE ...... 47 6.2.1 GRIEVANCE REDRESS COMMITTEE (GRC) ...... 47 6.2.2 COURT RESOLUTION OF GRIEVANCE MATTERS ...... 49 6.3 PROCEDURE FOR EFFECTIVE LOCAL RESOLUTION OF GRIEVANCE...... 49 7.1 INTRODUCTION TO INSTITUTIONAL ARRANGEMENT ...... 51 7.2 INSTITUTIONAL ARRANGEMENT ...... 51 6.3 IMPLEMENTATION & REPORTING ORGANOGRAM ...... 54

CHAPTER EIGHT MONITORING AND EVALUATION ...... 55

8.1. OVERVIEW ON MONITORING ...... 55 8.1.1 TASKS OF THE MONITORING AND EVALUATION OFFICER ...... 55 8.2. INDEPENDENT MONITORING ...... 56 8.2.1. IMPLEMENTATION SCHEDULE ...... 57

CHAPTER NINE COMPENSATION FUNDING ...... 58

ARRANGEMENT AND TIME TABLE ...... 58

9.1 BUDGET FOR RESETTLEMENT ACTIVITIES RELATED WITH THE WATER SUPPLY AND SANITATION PROJECT ...... 58 9.2 TIMETABLE FOR THE RESETTLEMENT ACTION PLAN ...... 58 9.3 TRAINING AND CAPACITY NEEDS ...... 59

CHAPTER TEN PUBLIC CONSULTATION ...... 61

10.1 INTRODUCTION ...... 61 10.2 OBJECTIVES OF THE PUBLIC CONSULTATION ...... 61 10.3 STAKEHOLDERS IDENTIFICATION ...... 62 10.4 STRATEGY FOR MOBILIZING PARTICIPATION ...... 63 10.5 SCOPE OF THE CONSULTATION MEETING ...... 63 10.6 CONSULTATION AGENDA AND OUTLINE...... 63 10.7 MAJOR CONCERNS AND CONCLUSIONS OF THE PUBLIC CONSULTATION ...... 64

REFERENCES ...... 67

ANNEX 1- MINUTES OF THE PUBLIC CONSULTATION ...... 70 ANNEX 2: STAKEHOLDER ATTENDANCE FROM PUBLIC CONSULTATION ...... 76 ANNEX 3: SOCIO-ECONOMIC INVENTORY INSTRUMENT FOR PROJECT AFFECTED PERSONS (PAPS) 84 ANNEX 4: MONITORING INDICATOR FOR THE PERFORMANCE OF RAP INCOME RESTORATION ... 88

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ANNEX 5: TERMS OF REFERENCE (TOR) FOR PAPS ...... 89 ANNEX 6 LIST OF RAP PREPARATION TEAM ...... 95

LIST OF TABLES Table 2.1: Distribution of Households by Type of Housing Unit ...... 16 Table 2.2: Distribution of Households By Source of Water Supply for Domestic Use ...... 17 Table 2.3: Socioeconomic Attributes of PAPs ...... 19 Table 3.1: Comparison of Nigerian Land Use Act (1978), AfDB Involuntary Resettlement Policy and World Bank’s Operational Safeguards ...... 32 Table4.1: Analysis of the Inventory of Impacts ...... 36 Table 4.2: Entitlement Matrix for the PAPs ...... 38 Table 5.1: Compensation and Resettlement Budget Estimate ...... 43 Table 5.2: Delineation of Compensation Cost by Project Package and Work Area/Stretch...... 44 Table 7.1: Institutional Arrangement and Responsibilities for RAP Implementation ...... 51 Table 8.1: Summary of Responsibility for Implementation of Resettlement Action Plan ...... 57 Table 9.1: Timetable for RAP implementation shown in Gant Chart ...... 59 Table 9.2: Recommended Training and Education ...... 60 Table10.1: Concerns, Comments and Responses ...... 65

LIST OF FIGURES Figure 1 Map of Rivers State and the project areas highlighted in colour ...... 11 Figure 2 Map of the project area showing a section of the Water Networks loops and street for the Rehabilitation works ...... 13 Figure 3 Map of Project Area showing Loops for the Water works ...... 14 Figure 4 Gender Distributions of PAPs ...... 20 Figure 5: Age Distribution of PAPs ...... 20 Figure 6: Marital Status of PAPs ...... 21 Figure 7: Educational Status of PAPs ...... 21 Figure 8: Income Status of PAPs ...... 23 Figure 9: Existing conditions of the ROW in Project Area ...... 34 Figure 10: Inflation trend in Nigeria: 2008-2013 (CBN) ...... 42 Figure 11: Implementation Organogram ...... 54

v DEFINITIONS Children: all persons under the age of 18 years according to international regulatory standard (convention on the rights of Child 2002).

Community: a group of individuals broader than households, who identify themselves as a common unit due to recognized social, religious, economic and traditional government ties or shared locality.

Compensation: payment in cash or in kind for an asset or resource acquired or affected by the project.

Cut-off-Date: the date of completion of inventory of losses and census of project affected persons

Economic Displacement: a loss of productive assets or usage rights or livelihood capacities because such assets / rights / capacities are located in the project area.

Entitlement: the compensation offered by RAP, including: financial compensation; the right to participate in livelihood enhancement programs; housing sites and infrastructure; transport and temporary housing allowance; and, other short term provisions required to move from one site to another.

Head of the Household: the eldest member of the core family in the household, for the purpose of the project.

Household: a group of persons living together who share the same cooking and eating facilities, and form a basic socio-economic and decision making unit. One or more households often occupy a homestead.

Involuntary Resettlement: resettlement without the informed consent of the displaced persons or if they give their consent, it is without having the power to refuse resettlement.

Lost Income Opportunities: lost income opportunities refers to compensation to project affected persons for loss of business income, business hours/time due to project

Operational Policy 4.12: Describes the basic principles and procedures for resettling, compensating or at least assisting involuntary displace persons to improve or at least restore their standards of living after alternatives for avoiding displacement is not feasible

Physical Displacement: a loss of residential structures and related non-residential structures and physical assets because such structures / assets are located in the project area.

Private property owners: persons who have legal title to structures, land or other assets and are accordingly entitled to compensation under the Land Act.

Project-Affected Community: a community that is adversely affected by the project.

Project-Affected Person: any person who, as a result of the project, loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily.

Rehabilitation: the restoration of the PAPs resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. Relocation: a compensation process through which physically displaced households are provided with a one-time lump-sum compensation payment for their existing residential structures and move from the area.

Replacement Cost: the amount of cash compensation and/or assistance suffices to replace lost assets and cover transaction costs, without taking into account depreciation or salvage value.

Resettlement Action Plan (RAP): documented procedures and the actions a project proponent will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by a project.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Resettlement Assistance: support provided to people who are physically displaced by a project. This may include transportation, food, shelter, and social services that are provided to affected people during their resettlement. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days.

Resettlement: a compensation process through which physically displaced households are provided with replacement plots and residential structures at one of two designated resettlement villages in the district. Resettlement includes initiatives to restore and improve the living standards of those being resettled.

Squatters: squatters are landless household squatting within the public / private land for residential and business purposes.

Vulnerable group: People who by their disadvantage conditions .will be economically worse impacted by project activities than others such as female headed households, persons with disability, at-risk children, persons with HIV-AIDS and elderly household heads of 60 years and above.

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ABBREVIATIONS AND ACRONYMS

AfDB - African Development Bank

CDC - Community Development Council

DP - Displaced Persons

ESIA - Environmental and Social Impact Assessment

ESMF - Environmental and Social Management Framework

ESMP - Environmental and Social Management Plan

FGN - Federal Government of Nigeria FGD - Focus Group Discussion

FMWR - Federal Ministry of Water Resources

GPHCP - Greater Port Harcourt City Plan

GRC - Grievance Redress Committee

IDA - International Development Association

LGA - Local Government Authority

MWRRD Ministry of Water Resources & Rural Development

NGO - Non-Governmental Organization

NUWSRP - National Urban Water Sector Reform Project

NWRI - National Water Resource Institute

PAD - Project Appraisal Document

PAP - Project Affected Person

PRA - Participatory Rural Appraisal

PIU - Project Implementation Unit

PIM - Project Implementation Manual

PSP - Private Sector Partner or Private Sector Participation

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Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

RAP - Resettlement Action Plan

RBDA - River Basin Development Authorities

ROW - Right of Way

RSWSCC - Rivers State Water Sector Coordination Committee

RPF - Resettlement Policy Framework

PHWC - Rivers State Water Corporation

SPIU - State Project Implementation Unit

SRMC - Sector Reform Management Committee

SSI - Semi Structured Interview

SWA - State Water Agency

WB - World Bank

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

EXECUTIVE SUMMARY

Introduction

The Rivers State Government is implementing a Water Supply and Sanitation Project with support from the African Development Bank and the World Bank. The project aims to provide water and sanitation services for the population of Port Harcourt and Obio/Akpor Local Government Areas (LGAs), and is part of a sector wide institutional reform embarked on by the Rivers State Government. The estimated population in the targeted project area is 1.3 million, and is expected to reach 4 million by 2040. The project will support the on-going nation-wide Urban Water Reform Programme managed by the Federal Ministry of Water Resources (FMWR) and is a pioneering component of the Rivers State Government’s Greater Port Harcourt City Development Plan (GPHCP). It is expected that the construction of new water pipeline networks and other rehabilitation works under the Port Harcourt and Obio/Akpor Water Supply and Sanitation Project will be crucial in the development phases of GPHCP.

Project Component: The Project has 5 Components as follows,

Component 1 - Urban Water Reforms at Federal Level: This component is to be implemented by the Federal Ministry of Water Resources (FMWR) and will support the establishment of a framework that strengthens transparency and efficiency of the Federal level’s support to the States. Activities envisaged under Component 1 include:

i. Review and support to States in the operation of the Low Income Households Strategy; ii. Support to increasing Private Sector Participation in Urban water supply, by facilitating project development/preparation and carrying out credit ratings of utilities to demonstrate investment opportunities that exist and to identify reform and improvement objectives; iii. Studies to establish national guidelines for Climate Change and Climate Variability (CC & CV) in water, sanitation, flood and water resources planning; and Establishment of water sector coordination and monitoring mechanism.

Component 2 (Specific to Port-Harcourt and Obio/Akpor Water Supply and Sanitation) - Water Supply and Sanitation Infrastructure: This component will involve: (i) Rehabilitation and augmentation of water production and treatment systems, (ii) rehabilitation, extension of water transmission and distribution networks, (iii) installation of parks and other public places. The sanitation facilities at Markets and Motor parks may include biogas production and safe recycling from the onsite Septic Tank based systems contributing to Climate Change mitigation; (v) Environmental protection infrastructure and

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire establishment of buffer zone at Rumoula well-fields.

Component 3 - Institutional Support: This is critical to the provision of Water and Sanitation services expected to result from the rehabilitated and expanded infrastructure, and will be provided in several areas. Component 3.1 - Capacity Building of PHWC Component 3.2 - Consumer Outreach Component 3.3 - Environment and Climate Change Component 3.4 - Sanitation Master Plan Component 4 - Public Private Partnership Component 5 - Project Management for Port Harcourt and Obio/Akpor Water Supply and Sanitation

Aims and Objectives of the RAP

The main aim of preparing this RAP is to design methods and schemes for resettling or compensating the Project Affected Persons (PAPs) in the project area. The goal is to improve decision-making as regards the resettlement and compensation of persons that would be affected by the proposed Water and Sanitation project.

The specific objectives of the RAP are to:

(a) Conduct a census survey of impacted persons and valuation of assets; (b) Consult with the would be impacted Persons (PAPs); (c) Describe compensation and other resettlement assistance to be provided; and (d) Prepare a budget and time table for resettlement action.

Justification for Preparation of a RAP

The Operational Policy (OP) 4.12 of World Bank along with Involuntary Resettlement Policy of the African Development Bank ( AfDB) are triggered when project activities cause physical displacement, restriction to access to source of livelihood and land acquisition. Component 2 of the project, which involves rehabilitation, and augmentation of water production and treatment systems, rehabilitation, extension of water transmission and distribution networks, and installation of parks and other public places will require minor acquisition of land and encroachment in the ROW occupied by people. It is also anticipated that civil works described under this project might cause displacement of population, demolition of productive assets and structures, acquisition of privately owned land and restriction to means of livelihood.

Although majority of the civil works will occur within the ROW for public facilities, involuntary resettlement is triggered according to OP4.12 of the IDA and AfDB

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire resettlement policy because the impacts of the sub-projects might cause persons and communities to be economically worse off and may fuel crises in the project area, which could render the project unsustainable.

Two instruments are used to address involuntary resettlement namely the Resettlement Action Plan (RAP) and the Abbreviated Resettlement Action Plan (ARAP). A RAP is desirable where a major impact is anticipated, that is, i) if affected people will be physically displaced, 2) More than 10% of their productive assets/total land hold are lost/acquired and 3) More than 200 people are to be directly adversely affected. An ARAP is prepared where minor impacts are envisaged, that is the reverse of the conditions stated above for a RAP.

RAP is prepared under this project because over 200 persons are expected to be negatively impacted by this project. However, only minor physical displacement is anticipated while the majority of social issues will be dealing with income losses and income restoration measures.

RAP Methodology

This RAP study involves a number of coordinated approaches and action plans such as meetings with the project proponent, collection of relevant documents, literature review, preliminary site visit and impact identification, identification of community leaders and project affected persons (PAPs) and enumeration of PAPs. PAPs were consulted and administered with survey instruments for resettlement planning. Public consultation began at the early stage and continued with a city/community wide consultation that offered PAPs opportunity to express their concerns and make inputs. Resettlement budget was prepared for efficient implementation of the RAP.

Legal and Regulatory Framework

This RAP was prepared in consistence with the applicable national Law- the Land Use Act 1978, the Involuntary Resettlement Policies/guidelines of the two Multinational Development Banks vis-a viz the Operational Policy 4.12 of the World Bank. Specifically, the RAP preparation was in line with the provisions of the Resettlement Policy Framework (RPF) of the National Urban Water Sector Reform Project in Nigeria supported by the World Bank. While the laws of the two Banks were similar and support compensation and assistance of PAPs irrespective of whether they have right to the land being occupied or not, the policy of the Nigerian government only compensate people with legitimate land title. The more pro-poor policies take precedence which in this case is the policies of AfDB /World Bank.

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Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Baseline Analysis of PAPs

Analysis based on the socio-economic survey/assessment carried out for PAPs reveal as follows:

 The percentage of female to male PAPs is 52.5: 47.5 which implies a predominantly female PAPs  PAPs are relatively literate with at least 50.7 percent of them having WAEC/GCE qualification  PAPs constitute of about 90% married persons, an indicator that PAPs are more or less bread winners of their respective households  The project population is characterized by middle income persons earning at least N1, 500/day on the average  PAPs are predominantly traders (70%) followed by civil servants (15%)

Major Findings/Impacts of the Project

Land acquisition in the project is minor and involves only a specific site of about 900sqm. There will be no encroachment on farms and/or destruction of economic trees under this project

Summary of the inventory of the affected items/structures shows as follows:

Item Category of Impact Number of PAPs Land Permanent/Immoveable 1 Shop Permanent/Immoveable 11 Market Table Temporal/Moveable 145 Kiosk Temporal/Moveable 2 Fence Permanent/Immoveable 5 Balcony Permanent/Immoveable 49 Wall/Pavement Permanent/Immoveable 30 Interlock /Floor Permanent/Immoveable 5 Total 248

Entitlement Matrix for PAPs

Categories of Type of Loss Entitlements PAPs Replacement/Compensation Moving Other Assistance Allowance Property Owners Loss of Land Land replacement of equal NA Land clearing money or size value Loss of Full replacement cost at Kind or cash NA Structure prevailing market rate in the assistance of at project area least N15,000 Loss rental Not applicable in this NA NA Income project

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Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Traders/Business Loss of Compensation of turnover for NA Subsistence sum for tenants Income number of days of the number of days displacement of loss/displacement Loss of Full replacement cost at Kind or cash Subsistence sum for structure prevailing market rate in the assistance of at the number of days project area least N15,000 of loss/displacement Residential Loss of shelter NA NA NA tenants not envisaged Encroachers Loss of land No compensation for land NA NA using land for Loss of Compensation of turnover for Kind or cash Subsistence sum for business Income number of days of assistance of at the number of days activities displacement least N15,000 of loss/displacement

Project Impacts

The positive impacts of the project shall include:  Better access to and availability of water supply  Safe drinking water, which will reduce human health risks, associated with poor drinking water  Employment creation  Increase in household income due to expected employment and savings from the prevailing costly source of water supply  Improved internally generated revenue to Rivers State

Adverse socio-economic impacts are categorized as follow:  A total of 248 assets will be affected belonging to 248 persons hereby referred to as Project Affected Persons (PAPs)  About 50 vulnerable persons are at the risk of the project impacts  Capacity to provide for household needs will be impaired since over 70 percent of PAPs are engaged in trading occupation in the locations to be displaced. Impact Reduction Measures Undertaken The following are technical steps taken in consultation and concurrence of the Rivers State Water Corporation which have resulted in the reduction of adverse impacts of the project:  Consulting/communicating the people of the project area and PAPs in particular on the day and time to expect civil work activities within their respective points/ROW.  Engaging progressive drilling and installation/backfilling method in which installation equipment are on ground before excavation to enable instant backfilling after pipe laying so that obstruction to movement/access to source of livelihood is significantly minimized. It is however, conceivable that this measure may not be effective on its own; therefore, the MWRD shall during procurement process make specific clause binding the contractor to adhere to the progressive drilling and

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Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

backfilling measure in required areas. There will also be a well cut out monitoring program during project implementation to ensure adherence.  Required ROW within the streets is restricted to 1 meter only since the size of pipes for tertiary water distribution in these areas is between 100mm to 150mm only.

Budget for RAP Implementation

The total budget for the RAP implementation is Three Hundred and Forty Three Thousand, Two Hundred and Twenty Dollars and Thirty Two Cents ($343,220.32), and the breakdown is as follows:

DESCRIPTION TOTAL (USD) 1. Land Acquisition $151,898.73 2. RAP Compensation/Assistance Budget for 207 PAPs (determined) $99,170.89 3. RAP Compensation/Assistance Budget for group of 40 PAPs at Moore House $11,392.5 Land (to be determined). Sub-Total: Resettlement and Compensation $262,462.12

4. Capacity Building and Training for RAP Implementation $46,600

5. Operating cost including income restoration measures and Monitoring of RAP $26,246.2 Implementation (10 % of RAP compensation Budget)

6. Cost of engagement of consultant/NGOs for compensation payment $7,912

TOTAL $343,220.32

Delineation of PAPs/Budget along Project Packages

Understandably this RAP is delineated into two packages for administrative and funding arrangements. The number of PAPs per work area and the budget for compensation are therefore delineated as per the table below:

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Category Work Area/Stretch No of PAPs Compensation Estimate Naira Dollar

Borokiri 43 N1,935,000 $12,246.84

PACKAGE 1 Diobu 12 N1,339,000 $8,474.68 Moore House 41 N25,800,000 $163,291.14 Ikwerre 31 N2,263,000 $14,322.79 Rumuola 52 N2,961,000 $18,740.51 Rumukuta 8 N925,000 $5,854.43 Sub-Total: Package 1 187 35,223,000 $222,930.38 Elelenwo 33 N1,856,000 $11,746.84 PACKAGE 2 Elekahia 4 N356,000 $2,253.16 Woji 24 N2,234,000 $14,139.24 Sub-Total: Package 2 61 N4,446,000 $28,139.24

Training and Capacity Needs Based on the assessment of the institutional capacities of the MWRRD and PHWC in the understanding and implementation of RAP, it is recommended that MWRRD Contract technical assistance to provide training and operational support to the project implementation unit (PIU) and other agencies involved in the RAP implementation. The recommended training, targets and cost are as follows:

Item Module Course Content Who to be Trained Estimated Amount(USD)

3 Days Involuntary 1. Principles of MWRRDD, PHWC, DRC and 12,700 Resettlement and Resettlement Action CDC Training Rehabilitation Plan Protocol 2. Monitoring & Evaluation of RAP/RAP Implementation Grievance Redress Conflict Management and MWRRD, PHWC, DRC and 12,700 Mechanism Resolution in RAP CDC Basics of 1. Cash Management and All the 67 PAPs 21,200 Livelihood Monitoring Restoration 2. 2.Record Management& Book keeping

3. Making investment Decisions TOTAL USD 46,600

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Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Time Table for Implementation of RAP Shown in a Gant Chart

N o Activities Completion Time June, July, August, September, 2013 2013 2013 2013 1 Submission of Draft RAP Report 2 Field Verification and comments 3 Update of comments 4 Submission of final RAP Document Advertisement in two Local Newspaper in the 5 Country

6 Posted in the World Bank Info Shop 7 Commencement of RAP 8 Completion of RAP Implementation 9 Commencement of Civil work Implementation Responsibilities and Schedule PROJECT PHASE ACTIVITIES RESPONSIBILITIES CYCLE

PLANNING  Initial site visit & Consultant; Supervision by consultations. MWRRD and PHWC  Identification of Resettlement and Social Scoping and issues  Application of safeguard Screening policies  Categorization DESIGN Preparation of  DrActiafton RAP plan Consultant; Supervision by  Screening Report RAP and  Consultations MWRRD and PHWC  WB /AfDB No-Objection consultations  WB /AfDB No-Objection

Disclosure  Disclosure of RAP locally MWRRD & to WB Info Shop and AfDB web Portal AfDB

World Bank Finalization and  Final version of RAP Consultant; Supervision by Incorporation of RA into MWRRD and PHWC Incorporation c  ontract documents EXECUTION Implementation  WImpB le/AmefDnBta tiNoon-O bjection Contractors Supervision by and monitoring  Monitoring & MWRRD and PHWC / reportingon environmental and social and the community mitigation measures  Monitoring and reporting of  Resettlement and livelihood issues

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PROJECT PHASE ACTIVITIES RESPONSIBILITIES CYCLE

OPERATIONS Operations and  Maintenance Supervision by (POST- Maintenance  Monitoring and M WRRD/PHWC and the community IMPLEMENTA reporting of Resettlement and social livelihood issues TION)

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CHAPTER ONE INTRODUCTION

1.0 Overview

The project will support the on going nation-wide Urban Water Reform Programme managed by the Federal Ministry of Water Resources (FMWR) and is a pioneering component of the Rivers State Government’s Greater Port Harcourt City Development Plan (GPHCP). It is expected that the construction of new water pipeline networks and other rehabilitation works under the Port Harcourt and Obio/Akpor Water Supply and Sanitation Project will be crucial in the development phases of GPHCP.

The African Development Bank (AfDB) is currently implementing two urban water and sanitation projects in Nigeria, while the World Bank is currently implementing three urban water projects in Nigeria which are the First and Second National Urban Water Sector Reform Projects (NUWSRP 1, and NUWSRP 2) and the Privatization Support Project (PSP) addressing needs in several states. While the individual projects have several components, they all involve civil works encompassing primarily rehabilitation of treatment plant(s) and transmission line(s); service area network rehabilitation and metering; and network expansion. These civil works raise environmental and social safeguards concerns as the possibility of adverse negative impacts is envisaged during the pre-construction, construction and operational phases.

1.1 Project Background

The Nigerian Government has long considered sustainable strategies for the environmentally sound, efficient and cost effective provision of water supply and sanitation services to through the federal, state and local governments. However, the public sector has not been successful in meeting more than a small portion of the demand for water and sanitation of residential and commercial users. Services are in critically short supply. For example, out of the 85 million people living in urban and semi-urban areas, less than half have reasonable access to reliable water supply. Many households, often the poorest, end up purchasing water from private vendors much more expensively than from the public supply. Water

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supply services, where they exist, are unreliable and of low quality and are not sustainable because of difficulties in management, operation and pricing and failure to recover costs. Many water supply systems show extensive deterioration and poor utilization of existing capacities, due to under-maintenance and lack of funds for operation. Based on available data, Nigeria generally has adequate surface and ground water resources to meet current demands for potable water, though the temporal and spatial distribution of water has led to scarcity in some locations especially in the north. This disparity has led to rapid depletion of groundwater, especially in the northern towns, w h i c h have resorted to other sources. As state capitals and larger towns become more and more dependent on surface sources and experience the difficulties associated with treating such water, water shortages are developing in the far north. In other locations, particularly in the Delta region and near major cities, conflicts arise due to insufficient control of water pollution, and serious erosion problems.

Past Government efforts have been fragmented focusing on water resources development on a sub-sectoral basis but neglecting to manage it strategically as a national resource. The Government recognizes the need to manage water supply in an integrated and sustainable manner, and has embarked on the preparation of a National Water Resources Management Strategy (WRMS) to ensure proper management and development of its water resources. A participatory approach has been adopted giving consideration to the needs of all stakeholders. The WRMS will include considerations of water supply development and rehabilitation, watershed protection, basin management, water quality monitoring and pollution control, international waters, pricing and environmental protection.

1.1.1 Institutional Organization

Federal Government Level: The Federal Ministry of Water Resources (FMWR), initially created in 1976, is responsible for formulating and coordinating national water policies, management of water resources including allocation between states, and approving development projects.

The River Basin Development Authorities (RBDA), now 12 in total, were also created in 1976 for planning and developing water resources, irrigation work and the collection of hydrological, hydro-geological and meteorological data. Their main involvement in potable water supply has been the provision of multi-purpose dams and the supply of water in bulk.

The National Water Resources Institute (NWRI) was legally established in 1985 and is responsible to the FMWR for engineering research functions related to major water resources projects and training water sector professionals and technicians. A Utilities Charges Commission was established in 1992 to monitor and regulate utility tariffs, including those of State Water Agencies. However this agency appears not to have been functional.

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State Government Level: Responsibility for potable water supply was traditionally entrusted to departments of the state governments (now 36 in number). As the importance of drinking water supply grew during the 1970s, most water departments were gradually transformed into State Water Agencies (SWA) to provide urban, semi-urban and, in some cases, rural water supply. Each SWA has, in general, been established under an edict to develop and manage water supply facilities within its respective state and to meet sound financial objectives.

The SWAs are responsible to their state governments, generally through a State Ministry of Water Resources (SMWR) though in some cases under alternative arrangements. In some states, responsibilities for rural water supply remain with or have been transferred back to a state government department; additionally, in several states (22 currently), state rural water and sanitation agencies have been set up largely to implement the FGN/UNICEF RWSS program.

Generally, the high cost of imported equipment, especially in terms of a depreciating currency, and inadequate cost recovery policies have contributed to large financial deficits in many State Water Authorities (SWAs). This has left most SWAs dependent upon state subventions to finance operations and maintenance of their water systems, to service debt and to finance new investments. The states’ own financial constraints have often limited the amount and dependability of recurrent and capital subventions requiring the SWAs to defer maintenance and limit new investments.

Local Government Level: The Local Government Authorities (LGAs), of which there are 774, are responsible for the provision of rural water supplies and sanitation facilities in their areas although only a few have the resources and skills to address the problem. Only few LGAs have rural water supply divisions able to construct small water systems such as open wells and small impoundments of surface water. The Government of Nigeria has agreed to strengthen community participation in rural water developments, and the policy agreed in principle by the Government in 1993 reflects a priority on community ownership and management. The policy needs to be adopted, disseminated and implemented in all government or donor financed programs. Strengthening coordination between the three layers of government is also required.

1.1.2 Current situation of urban water supply and sanitation in Rivers State

The current population of 1.3 million in Port Harcourt and Obio/Akpor LGAs is rapidly increasing and expected to reach 4 million by 2040. Up to just recently, the Rivers State Water Board (RSWB) currently called the Port Harcourt Water Corporation (PHWC) has managed water services. Since 1998 this institution has been in crisis following the dissolution of its governing board and has only had acting General Managers since, with Water supply services declining rapidly over the last 10 years. Since 2006 the State partly

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rehabilitated and restarted operations under direct control by the Ministry of Water Resources and Urban Development (MWRRD).

This restored some very basic level of Water provision to the city of Port Harcourt and other major urban centers. Yet, Port Harcourt has only 3,600 customer connections and none of them are paying for the water received. Water supply operations are met through the Rivers State Government’s budget, and are costing the State about US$3.85 million a year. Water production, supply, and billing collection are not known to the PHWC. As a result, the population obtains water from a combination of private boreholes/shallow wells (directly in their household or bought through intermediate vendors) and water sachets (popularly known as Pure Water), with varying quality, costs and availability.

For sanitation, most households in Port Harcourt and Obio/Akpor are served by toilets with onsite septic tanks or household pit latrines, while most public centers such as markets and lorry parks lack adequate facilities. The Rivers State government is about to commission the first Wastewater treatment plant (for treatment of Sewage) in Port Harcourt with a capacity of 1000 cubic meters/day, collecting Waste from 8000 households and trucking it to the plant. Rivers State has also commissioned the construction of 7 landfill sites (6 are under operation).

Sector reforms: over the past 3 years a dynamic effort to reform the sector has been embarked on to improve the delivery of water services to people of Rivers State, and have resulted in the approval of the Rivers State Water Policy (January 2012) and the enactment of the Rivers State water development Law No. 7 of 2012. The reforms have focused on the definitions of clear roles for all Agencies and Stakeholders in the sector, as well as institutional strengthening to ensure their viability in the delivery of efficient services.

The essential features of Law include:

 Separation of policy formulation, regulation and services provision functions.  Establishment of the Port-Harcourt Water Corporation (PHWC), replacing the RSWB to provide water and sewerage services to the core Urban center Port- Harcourt and Obio- Akpor LGAs. It aims to be a world-class organization that is performance-driven, customer- focused and be autonomous in its finances, operations and future expression. The organization structure of PHWC is being finalized and a consultancy firm has been engaged to undertake recruitment. The State has provided a USD 5 million take-off grant to PHWC to support its start-up.  Establishment of autonomous regulation in the sector-the Rivers State Water Services  Regulatory Commission (RSWSRC).  Establishment of the Rivers State Small Towns Water Supply and Sanitation Agency to provide Water and sewerage services to the Small Towns. The agency will

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be under the supervision of the MoWRRD and shall take over all the assets of the RSWB outside Port- Harcourt and Obio-akpor LGAs.  Establishment of Rivers State Rural Water Supply and sanitation Agency to provide technical assistance in the provision of Water services to isolated Communities in the Local Government Areas.  Institutionalizing sector coordination through the Rivers State Water Sector Coordination Committee (RSWSCC) to ensure coordinated investment and synergy between the various stakeholders and development partners such as the Niger Delta Development Commission, Oil and Gas companies etc.

Capacity building: The operationalization of the new institutions and the re-orientation of existing institutions to effectively carry out their respective roles requires the establishment of systems and building capacities of both existing and of newly recruited staff. State budgets have in the past not prioritized capacity building of manpower and local training options are limited.

Infrastructure investment: To deal with the decay in infrastructure; an engineering design and tariff study were completed in 2011 for the Water supply and sanitation systems for Port-Harcourt and Obio-Akpo LGAs to meet current and future needs for the next thirty years (2040). The total estimated cost of the program is USD 890 million, and Rivers State is now seeking funding for its implementation. Whilst the design is a good basis for the infrastructure development, it requires a review to ensure it is optimized and appropriately phased, and requires additional details, especially with regards to a better understanding of the customers to be served and commercial as well as its financial viability.

The MWRRD has recently embarked on Performance Improvement Plan (PIP) with the support of the Water and Sanitation Program (WSP) and the Federal Urban Reform Programme. The PIP includes a pilot consisting of an ongoing consumer survey as well as the introduction of meters, a billing system and limited emergency works.

1.1.3 Project Components

It comprises the clarification of roles and responsibilities, innovative mechanisms for co- financing between government levels (Federal, State and Local), as well as the elaboration and enactment of associated regulations and financial tools. Additionally the component will explore the feasibility of establishing a continuous federal programme (rather than single projects) that can reduce the current geographical and sub-sector dispersion of donor’s

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funds. The capacity building would also promote and advocate the use of monitoring tools to track impact of sector interventions on the poor, vulnerable populations and impacts by gender.

Activities envisaged under Component 1 include:

Component 3.1 - Capacity Building of PHWC

Component 3.2 - Consumer Outreach

Component 3.3 - Environment and Climate Change

Component 3.4 - Sanitation Master Plan

Component 4 - Public Private Partnership

Component 5 - Project Management for Port-Harcourt and Obio/Akpor Water Supply and Sanitation

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1.2 Justification for the Preparation of RAP

The Operational Policy (OP) 4.12 of World Bank, which is in line with the Operational Safeguard 2 (OS2) of the African Development Bank (AfDB), is triggered when project activities cause physical displacement, restriction to access to source of livelihood and land acquisition.

Component 2 of the project, which involves rehabilitation, and augmentation of water production and treatment systems, rehabilitation, extension of water transmission and distribution networks, and installation of parks and other public places will require minor acquisition of land and encroachment in the ROW occupied by people. It is also anticipated that civil works described under this project might cause displacement of population, demolition of productive assets and structures, acquisition of privately owned land and restriction to means of livelihood.

Although majority of the civil works will occur within the ROW for public facilities, involuntary resettlement is triggered according to OS2 and OP4.12 of the AfDB and IDA because the impacts of the sub-projects might cause persons and communities to be economically worse off and may fuel crises in the project area, which could render the project unsustainable.

Two instruments are used to address involuntary resettlement namely the Resettlement Action Plan (RAP) and the Abbreviated Resettlement Action Plan (ARAP). A RAP is desirable where a major impact is anticipated, that is, 1) if affected people will be physically displaced, 2) More than 10% of their productive assets/total land hold are lost/acquired and 3) More than 200 people are to be directly adversely affected. An ARAP is prepared where minor impacts are envisaged, that is the reverse of the conditions stated above for a RAP.

A RAP is prepared under this project because over 200 persons are expected to be negatively impacted by this project.

However, only minor physical displacement is anticipated while the majority of social issues will be dealing with income losses and income restoration measures.

The core requirement of the OP 4.12/OS2 – Involuntary Resettlement is as follows:

 Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs.  Assist project affected persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them back to the former status

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 Encourage community participation in planning and implementing resettlement.  Provide assistance to affected people regardless of the legality of land tenure.

1.3 Aims and Objectives of the RAP

The specific objectives of the RAP are to:

 Conduct a census survey of impacted persons and valuation of assets;  C o n s u l t with the would be impacted Persons (PAPs);  Describe compensation and other resettlement assistance to be provided; and  Prepare a budget and time table for resettlement action.

This Policy (OP 4.12/SO2) covers direct economic and social impacts that both result from both Banks’-assisted projects, and are caused by:

(a) The involuntary taking of land resulting in

(i) Relocation or loss of shelter; (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; or not

(b) The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

1.4 Scope of Work

The scope of work underlying this RAP is the identification of project impacts and affected population through the following:

 Thematic maps;  Engineering Drawings  Census that enumerates project affected persons (PAPs) and registers them according to location;  An inventory of lost and affected assets at the household, enterprise, and community level;

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 Analysis of surveys and studies to establish compensation parameters, to design appropriate income restoration and sustainable development initiatives;  Identify baseline monitoring indicators  Consultation with affected populations regarding mitigation of impacts and development opportunities  Establish a “cut-off date” after which any new structures or arrivals along the Rights of Way will be barred from benefitting from the re-planning or resettlement exercises  Provide a definition of displaced persons and compensation eligibility criteria  Valuation of and compensation for losses  Provide a description of resettlement assistance and restoration of livelihood activities  Provide a detailed budget and implementation schedule  Provide description of provisions for redress of grievances  Provide a description of organizational responsibilities and,  Provide a framework for monitoring, evaluation and reporting.

1.5 RAP Methodology

This RAP study involves a number of coordinated approaches and action plans tailored to addressing the scope of work and objectives set out in the TOR. The RAP team took the following steps and approaches:

1) Initial meetings with River State Water Corporation This meeting offered the opportunity to clarify relevant issues in the terms of reference and to agree on deliverables and timelines. The outcome of this meeting culminated in the collection of relevant documents from project proponent and other relevant bodies. These documents include Thematic Maps; Engineering Drawings, Resettlement Policy Framework for the National Urban Water Sector Reform 1&2(NUWSRP1&2), ESIA and RAP reports for NUWSRP2 for Enugu and Cross River States, Nigeria Land Use Act (1978) and AfDB and World Bank guidelines and Policies on Involuntary Resettlement.

2) Literature Review

The consultants duly reviewed all the relevant documents. The review exercise was helpful in understanding the relationship and gaps in the policy frameworks of the AfDB and World Bank on one hand and the country laws and policies on involuntary displacement. From the review of the policy documents stated above, the necessary requirements for this RAP were ascertained.

3) Initial/Reconnaissance Site Visit and Stakeholder Consultation

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This step was apt to determine the magnitude and nature of the anticipated impacts identify the affected communities, community leaderships and associations in which potential PAPs belong. It was also used to consult with the stakeholder MDAs whose assistances and cooperation is expected to ensure sustainable project implementation. Among the MDAs consulted are the State Ministry of Environment, Ministry of Women Affairs, PHCN, Ministry of Works, Ministry of Youths, Community Development Committees and NGOs.

4) Engagement of field officers/enumerators

Choice of enumerators was based on: 1) knowledge of the local area and, 2) Academic qualification. Only graduates/ youth corps were recruited to ensure minimal supervision given the short period of pre-work training.

All the field officers were trained on the use of the survey instrument and on the nature of the policy guidelines that underlay the project. This was undertaken with mock exercise carried out to test their understanding and capabilities before embarking on field survey.

5) Identification of PAPS and Affected Assets

Identification of project-affected persons (PAPs) was based on the following considerations: Owners of assets/structures along the right of way (ROW), about 5m for major high ways and 1 meter for the streets where pipe laying/rehabilitation will take place. Details on this are presented in chapter four.

6) Consultation of Affected Communities, PAPs and MDAs

Aside those who were physically visited and engaged in consultations, the Rivers State Water Corporation explored all avenues of wide reach of project affected persons/communities by engaging local chiefs, association leaders, Community Development Councils and NGOs in the dissemination of information to the project area.

As last option directed at complementing previous approaches the proponent also placed the publication on radio aired in local language (Pigeon English) and two daily newspapers, one local and one national. The essence of the publications was to invite all stakeholders and project affected persons to a public consultation with date, venue and time specified.

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CHAPTER TWO DESCRIPTION OF THE PROJECT AREA

2.1 Overview of Rivers State

Rivers State is one of the 36 states of Nigeria created out of the former Eastern Region on 27th May 1967 by the then regime of General Yakubu Gowon. Its capital is Port Harcourt. It is bounded on the South by the Atlantic Ocean, to the North by Imo, Abia and Anambra States, to the East by Akwa Ibom State and to the West by Bayelsa and Delta States. Rivers state is home to many ethnic groups: Ikwerre, Igbo, Ijaw, Kalabari, Etche, Ogba, Ogoni and others. The State covers 11,077 square kilometers. The inland part of Rivers state consists of tropical rainforest; towards the coast; the typical river delta environment features many mangrove swamps.

Rivers State was part of the Oil Rivers Protectorate from 1885 till 1893, when it became part of the Niger Coast Protectorate. In 1900 the region was merged with the chartered

Figure 1 Map of Rivers State and the project areas highlighted in colour

Source: Cartography/GIS Section INEC

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territories of the Royal Niger Company to form the colony of Southern Nigeria.

2.1.1 Local Government Areas

Rivers State is currently made up of 23 local government areas. They include Por-Harcourt City, Obio- Akpor, Okirika, Ogu/Bolo, Eleme, Tai, Gokana, Khana, Oyigbo, Opobo/Nkoro, Andoni, Bonny, Degema, Asari-Toru, Akuku-Toru, Abua/Odual, Ahoada West, Ahoada, East,Ogba/Egbema/Ndoni, Emuoha, Ikwerre, Etche, Omuma.

The geographical scope of this project is Port Harcourt City Local Government Area (PHALGA) and Obio/Akpor Local Government Area, and both LGAs made up the present Port Harcourt City.

The Maps below show the major roads and streets for Water Supply transmission and distribution routes for rehabilitation and extension in Port Harcourt and Obio/Akpor that will trigger involuntary resettlement under this project.

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Figure 2 Map of the project area showing a section of the Water Networks loops and street for the Rehabilitation works

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Figure 3 Map of Project Area showing Loops for the Water works

2.1.2 Weather/Climate

Rainfall in Rivers State is seasonal, variable and heavy. Generally, rain occurs, on the average, every month of the year, but with varying duration. The state is characterized by high

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rainfall, which decreases from south to north. Total annual rainfall decreases from about 4,700 mm on the coast to about 1,700 mm in extreme north of the state. It is 4,698 mm at Bonny along the coast and 1,862 mm.

For Port Harcourt, the rainy days are about 182 with mean maximum monthly temperatures that range from 28°C to 33°C, while the mean minimum monthly temperatures are in the range of 17°C to 24°C. The mean monthly temperature is in the range of 25°C to 28°C. The mean annual temperature for the state is 26°C. The hottest months are February to May. The difference between the dry season and wet season temperatures is only about 2°C. Relative humidity is high in the State throughout the year and decreases slightly in the dry season.

2.1.3 People

Rivers State has a population of about three million people (2006 housing and population census), with two thirds of it in the Niger Delta geographical terrain. The dominant ethnic groups are Ikwere, Etche, Ogoni, and Ogba/Egbema.

2.1.4 Economy

Rivers State is the key economic area in the Niger Delta Region (NDR). The production of oil and gas accounts for 52% of Rivers State economic activity. Rivers State, with its capital city of Port Harcourt, accounts for 52% of Nigeria’s on-shore oil production.

Agriculture is the major employer in the Rivers State and the agricultural policy of the state government seems to be anchored on food production. Currently the Rivers State is the largest producer of palm oil in Nigeria and is preparing to compete globally. The State is further endowed with eco-tourism potential, presenting opportunities for foreign direct investment.

2.1.5 Mineral Resources

The production of oil and gas is what has made Rivers State is most famous. With enormous reserves of crude oil and natural gas, Rivers State accounts for more than 40% of Nigeria’s crude oil production. Apart from this, there are many petrochemical related industries in the state and it is also the home of the first petroleum refinery in Nigeria. Nigeria's gigantic liquefied natural gas project is located in Bonny in the state.

2.1.6 Agriculture

Agriculture is the main occupation of the people of Rivers State and the agricultural policy of the state government is anchored on food production. This provides employment for young school leavers and university graduates. These agricultural activities are grouped' under

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Community Block Farming Scheme, Community Fishing Scheme, Livestock Scheme and Rabbitary.

2.1.7 Tourism

Major tourist attractions in the state include: Isaac Boro Park, Port Harcourt Man-made Monument of King Jaja of Opobo, Okrika Aquatic Stadium, Man-made Ifoko Beach, Port Harcourt Tourist Beach.

2.2 Port Harcourt and Obio/Akpor LGAs

The main city of Port Harcourt is the Port Harcourt city in the Port Harcourt Local Government Area, consisting of the former European quarters now called old Government Reservation Area (GRA) and new layout areas. Port Harcourt City LGA has a population of 1,382,592 (2006 population census). On the other hand, Obio/Akpor LGA lies in the metropolis of Port Harcourt and has a population of 464,789 (2006 population census). The two LGAs have apparently integrated into the city metropolis and do visitors refer both to as Port Harcourt city.

Port Harcourt is a key industrial centre, specifically the petroleum industry. The city is the major oil- refining city and nerve centre of the famous Nigerian Oil industry and over ninety industrial concerns, including the Shell Petroleum Development Company of (Nigeria) Limited, AGIP and Elf.

The presence of these oil companies perhaps offers explanation for the influx of people experienced in Port Harcourt and Obio/Akpor LGAs. Education is also a reason for peopling flocking into Port Harcourt as it host a number of tertiary institutions including University of Port Harcourt, Rivers State University of Science and Technology, Rivers State College of Education and Rivers State Polytechnic located in Bori close to Port Harcourt.

2.2.1 Housing in the Project Area

Table 2.1 shows that there are about 234,787 housing units of varying types within the two LGAs of project influence. This number also represents about 21 percent of the total housing units in Rivers State. Relative to the combined population of the two LGAs estimated at 1,847,381 (2006 census) the ratio of housing unit to population is about 1:8. Going by the responses elicited from field survey in which greater number of large households stay/live in a 2 bedroom apartments, it can be deduced that at least a household of 8 persons live in a housing unit of about 2 bed room flats in the project area.

Table 2.1: Distribution of Households by Type of Housing Unit

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CATEGORIES PHALGA OBIO-AKPOR RIVERS STATE House on a separate stand/Yard 49,115 37,815 654,113 Traditional/hut structure made of 371 400 63,796 Traditional Material Flat in Block of Flats 27,676 31,559 198,513 Semi Detached House 8,074 6,546 58,114 Rooms/Let in House 36,584 29,154 132,714 Informal/Impoverished Building 2,078 1,564 6,408 Other 2,112 1,739 10.340 TOTAL 126,010 108,777 1,123,998 Source: National Population Commission (2006)

2.2.2 Water Supply in the Project Area

Table 2.2 is for distribution of households by source of water supply for domestic use. The table shows a common trend in water supply source in the two LGAs, which also reinforces the fact that the two LGAs are integrated and more or less served by similar infrastructure conditions. The table shows that about 26.9 percent of the population of Rivers State depends on borehole for domestic water consumption, while 44 percent of the proportions of those that use borehole in the State come from Port Harcourt and Obio/Akpor LGAs. More importantly, the fact that only 37,790 or about 3 percent of the household population of 1,123,998 in the State have access to pipe borne water in the study area buttresses the important of this project.

Table 2.2: Distribution of Households By Source of Water Supply for Domestic Use

CATEGORIES PHALGA OBIO-AKPOR RIVERS STATE

Pipe borne inside dwelling 9,295 9,899 69,253 Pipe borne outside dwelling 15,330 13,276 136,430 Tanker supply water vendor 16,918 5,782 43,974 Well 9528 10,275 402,165 Borehole 68,449 64,838 302,096 Rain Water 1,953 1,373 30,876 River/Stream 3,664 2,752 124,209 Dugout/Pond/Lake/Dam 205 102 7,850 Other 668 480 7,145 TOTAL 126,010 108,777 1,123,998 Source: National Population Commission (2006)

2.2.3 Local economy of the People of the Project Area

Port Harcourt has the second largest and busiest port in Nigeria after Lagos. It is an important merchant port and is the primary oil-refining city in Nigeria. Oil is one of Nigeria’s most significant commodities and the main foreign exchange earner. The city is a major industrial centre as it has a large number of multinational firms as well as other industrial concerns, particularly in terms of the petroleum industry. The New Port

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Harcourt Refinery can produce 150 million barrels per day (24,000,000m3/d) and operates at only 30% capacity.

Port Harcourt is the home for the manufacture of steel and aluminum products, pressed concrete, glass, tires, paint, footwear, furniture and cigarettes, as well as bicycles and motor vehicles and its main exports are palm oil and kernels, cocoa, coal, tin and peanuts (Jahed, 2008). Port Harcourt is serviced by a total of 23 daily markets and one weekly market (Ministry of Environment and Natural Resources, 2002).

It is the second major economic centre of Nigeria due to its role in exploration, refining and exportation of Nigeria's income backbone - crude oil. Besides the expanse of large scale business in the city, a large number of small and petty businesses exist all through Port Harcourt and Obio/Akpor LGAs and are a major source of the local economy.

2.2.4 Greater Port-Harcourt Development Authority (GPHDA)

In early 2009, the State Government under the leadership of Governor Chibuike Amaechi announced plans for the creation of a new city to be called the Greater Port- Harcourt City.

The new city is to be located close to the Port-Harcourt International Airport. The total coverage area for the Greater Port Harcourt city Development is 1900 km2 spanning 8 local governments in Rivers State including all of Port Harcourt Local Governmentt, Ogu Bolo, Eleme, Ikwere, Etche, Obio Akpor,Okrika, Eleme local government areas.

The Authority (GPHCDA) was established by law in April 2009 with a mandate to facilitate the implementation of the Greater Port Harcourt master plan and build the new city.

2.3 Socio-Economic Baseline Conditions of Project Affected Persons (PAPs)

Socio-economic data of PAPs was collected which will be relevant for measuring and monitoring the progress of this RAP implementation. Table 2.3 shows the baseline data.

The result of the primary survey for the PAPs (table 2.3) has been further presented in charts under the sub-sections below for clearer understanding.

2.3.1 Gender Distribution of PAPs

As seen in table 2.3 and further shown in figure 4, majority of the PAPs (about 52.5%) are females while males are 47.5%. This implies that vulnerability concerns will be large and therefore, requires that livelihood restoration measures be properly and thoroughly carried

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out in consultation with PAPs.

Table 2.3: Socioeconomic Attributes of PAPs

Item Category PHALGA Obio/Akpor Total Male (%) 20.90% 10.45% 47.5% Female (%) 67.16% 1.49% 52.5% Sex Ratio 88.06% 11.94% 21-30 years 5% 9% 14%

31-40 years 20% 12% 32% 41-50 years 7% 10% 15% 51-60 years 13% 17% 32%

Age 61-above 4% 2% 6%

Single 2% 2% 4% Married 53% 26.1% 79.1% Divorced 0 0 0 Marital Status Widow 6% 10% 16%

Widower 0 0 0 No Education 2% 4% 6%

FSLC 14% 8.3% 22.3% WASC/GCE 30% 20.7% 50.7%

TCH/OND 2% 4% 6% Highest Educational HND/BSc 7% 8% 15% MSc/PhD 0 NA 0 Civil Servants 8% 2% 10%

Artisans 4% 3% 7% Traders 47% 3% 50% Occupation Farmers 0 0 0 ₦100-₦500 10% 10% 20%

₦600-₦1000 20% 10% 30% ₦1100-₦2400 18% 12% 30% Income per day ₦2500+ 14% 0 14% Average household Size 8 9 Source: Field Survey 2013

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Series1, Series1, Males Females, 130, Males, 118, 52% 48% Females

Figure 4 Gender Distributions of PAPs

2.3.2 Age Distribution of PAPs

Age Distribution 25

Age Distribution 10

0 21-30 yrs 31-40 yrs 41-50yrs 51-60 yrs 61-70yrs 71+

Figure 5: Age Distribution of PAPs

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As shown in figure 5, PAPs are adults that range from 21 to 71 years and above. Figure 5 shows that those between ages 31-40 years and those within 51-60 years constitute the dominant population of PAPs with a combined proportion of about 72 percent. The least age group among PAPs belongs to those from 61 years and above (about 6 percent).

2.3.3 Marital Status of PAPs

30 Series1

0 Single Married Widow Figure 6: Marital Status of PAPs

Figure 6 above clearly shows that PAPs are predominantly married people (about 79.1). Singles and widows are the other marital status that featured among the PAPs. The significance of this result is that PAPs are majorly men and women who are the breadwinners and help mates in their respective households.

2.3.4 Educational Status of PAP

No FSL Education WAEC/GC C TCH/ON E D HND/BSC

Figure 7: Educational Status of PAPs 21 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

The general trend as shown in figure 7 is that most people or PAPs have some form of education. At least 88 percent of the PAPs attained primary education or more. The highest number of PAPs (50.7 %) indicated that their highest level of education proxies by their highest academic qualification is WAEC/GCE, while only about 6 percent of PAPs did not have any formal education. The implication of this section to this RAP is that majority of PAPs have the minimum level of education that might help them in making informed decision, or participate meaningfully in the resettlement plan meetings to come.

Also, the fact that about 6 percent of PAPs are illiterate and that an entire proportion of 85 percent of PAPs are without University Degree/education is a clear indication that involuntary displacement emanating from this project may pose a big treat to their source of livelihoods and ability to provide for their families, especially, if the plan is not adequately designed and implemented.

2.3.5 Income Status of PAPs

Figure 8 shows that dominant income groups amongst PAPs lie between ₦600-₦1000 and ₦1,100-₦2,400 per day respectively. The trend of representation shows that 30 percent of PAPs each belong to either of these two groups. The survey also shows that about 20% fall within the income of ₦100- ₦500 per day while about 14 percent of PAPs earn about ₦2500 or more per day.

These statistics show that even though the PAPs may not have all had high level education as shown in figure 7, they have been able to work themselves to income levels that when annualized exceed the gross national income per capita of US$450 for Sub-Saharan Africa (World Bank, 2004).

Average income of PAPs in the project area were measured at two levels; the overall average which indicates an aggregation of middle and low level income earning PAPs and the low income groups with lowest limit of N500 per day. The outcome is that on the overall aggregation, PAPs mean income is ₦5116 or $32.4 per day (for middle and low income combined) and ₦1580 or $10 per day for lower income group.

Based on the later statistic, PAPs in the project area earn on the average, about $2600 per annum. This figure puts PAPs in the class of middle-income economy group according to World Bank development indicators (2004).

Although these results imply that PAPs can maintain reasonably, good standard of living, it is however, not inconceivable that impacts on their sources of livelihood may have adverse impacts on their income sustenance and standard of living, especially with the low rate of saving culture in the less developed countries.

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Income Trend of PAPs Series1, Category, 0%, Series1, 0% Series1, ₦100- ₦2500+, 14%, ₦500, 20%,

15% 21%

Series1, , 0, 0%

Series1,

₦1100-₦2400, Series1, ₦600-

30%, 32% ₦1000, 30%, 32%

Figure 8: Income Status of PAPs

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CHAPTER THREE POLICY AND REGULATORY FRAMEWORK

3.0 Policy and Regulatory Framework

Review of the following policy and regulatory frameworks guided the preparation of this RAP.

3.1 The Environmental and Social Management Framework (ESMF) of the National Urban Water Sector Reform Project 1 & 2 (NUWSRP)

In view of the fact that funding partners to this project (IDA and AfDB) have successfully supported previously, Water Supply and Sanitation projects in many States of Nigeria, it became necessary to borrow a leaf from its experience through the review of the safeguards documents such as the ESMF and RPF of NUWSRP 1&2 as required in the TOR. The review is summarized as follows:

The NUWSRP ESMF was prepared by the Federal Government through the Federal Ministry of Water Resources in the year 2004 as a requirement of the World Bank because, its Operational Policy (OP) 4.01: Environmental Assessment was triggered by the project due to civil works/construction component of the project. The ESMF established a mechanism to determine and assess future potential environmental and social impacts of the participating States Water Agencies under the NUWSRP. Key highlights of the ESMF included:

 Detailed and comprehensive environmental and social management process with key baseline in formation when identifying adverse impacts;  Administrative, policy, legislative and regulatory framework in Nigeria for the Water Sector in particular and for environmental management in general;  A review of the World Bank Safeguards Policies and identification of key triggered policies in the project which included:

OP 4.01 Environnemental Assessment OP 4.04 Natural Habitats; OP 4.12 Involuntary Resettlement (which is being addressed at this level);

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3.2 The Resettlement Policy Framework (RPF) of the NUWSRP 1&2

The Resettlement Policy Framework (RPF) was prepared as a guide to set out the general terms under which land acquisition/encroachment, and/or any form of involuntary displacement of persons from the land or right of way of the project can take place, to comply with the World Bank Operational Policy (OP 4.12 - Involuntary Resettlement).

The RPF specified that during implementation stage and following the identification of sub- projects and sites for the developments, individual resettlement action plans should be prepared that must be consistent with the provisions of the RPF. It also provided a generic process for the preparation of resettlement plans.

The RPF specified that in addressing impacts, resettlement plans must include measures to ensure that the displaced persons are:

 Informed about their options and rights pertaining to resettlement;  Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives;  Provide prompt and effective compensation at full replacement cost for losses of assets and access attributable to the project.  Enabled to restore and preferably improve their living standards compared to the pre-project Condition

In the overall, a major objective of the RPF was to ensure that PAPs are meaningfully consulted, participated in the planning process and are adequately compensated to the extent that at least their pre-displacement incomes have been restored and in a fair and transparent process.

The RPF specified that occupants who must be displaced will be moved at minimum cost and at short distance as possible. It also states that occupants who must be moved will be assisted physically by inclusion of preparatory site work in the works programme of the contractor and/or by payments to move shops and items of livelihoods to alternative locations. It also recommended the setting up of a dispute resolution mechanism that will address complaints and grievances that may emanate from the resettlement or compensation process.

The preparation of this RAP is consistent with the guidelines and recommendations of the RPF of NUWSRP which is also found to be in agreement with the guidelines of the AfDB on involuntary resettlement.

In addition to the ESMF and RPF, the following Operational Policies of the World Bank were reviewed as presented below.

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3.3 World Bank Safeguard Policies

The World Bank has 10+2 Operational Policies that it uses to safeguard adverse effects of developmental projects being funded by it. These include:

 OP/BP 4.01: Environmental Assessment  OP/BP 4.04: Natural Habitats  OP 4.09: Pest Management  OP/BP 4.12: Involuntary Resettlement  OD 4.20: Indigenous Peoples  OPN 4.11: Cultural Property  OP 4.36: Forests  OP/BP 4.37: Safety of Dams  OP/BP 7.50: Projects on International Waters  OP/BP 7.60: Projects in Disputed Areas Plus 2

 OP/BP 4.00:Use of Country System  OP/BP 17.50: Public Disclosure

For this project, the applicable Safeguard Policies of the World Bank are the OP/BP 4.12 (Involuntary Resettlement, the OP/BP 4.00 (Use of Country System) and OP/BP 17.50 (Public Disclosure).

The World Bank policy on Involuntary Resettlement (OP/BP 4.12) states that all occupants of an area who must be displaced are eligible for assistance that permits them to replace lost assets, recover their living standards and incomes to at least the pre-project state. This is irrespective of whether they are formal occupants (those with land titles) or not.

The policy did not cover occupants who would come to occupy after the “cut of date”. This means that the Bank policy (OP/BP 4.12) did not cover those who would later come to a land or an area around the project corridor or ROW to take advantage of compensatory assistances being offered to those who have been living/using the place, up to the period of PAPs census/inventory.

3.4 African Development Bank Involuntary Resettlement Policy (2003)

The overall goal of the Bank’s policy on Involuntary Resettlement is to ensure that when people must be displaced they are treated equitably, and that they share in the benefits of the project that involves their resettlement.

The policy has the following key objectives:

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 To avoid involuntary resettlement where feasible, or minimize resettlement impacts where population displacement is unavoidable, exploring all viable project designs. Particular attention must be given to socio-cultural considerations, such as cultural or religious significance of land, the vulnerability of the affected population, or the availability of in-kind replacement for assets, especially when they have important intangible implications. When a large number of people or a significant portion of the affected population would be subject to relocation or would suffer from impacts that are difficult to quantify and to compensate, the alternative of not going ahead with the project should be given a serious consideration;  To ensure that displaced people receive resettlement assistance, preferably under the project, so that their standards of living, income earning capacity, and production levels are improved;  To provide explicit guidance to Bank staff and to the borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations in order to mitigate the negative impacts of displacement and resettlement and establish sustainable economy and society; and  To set up a mechanism for monitoring the performance of involuntary resettlement programs in Bank operations and remedying problems as they arise so as to safeguard against ill-prepared and poorly implemented resettlement plans

In order to achieve the overall objectives of this policy, projects that involve involuntary resettlement shall be prepared and evaluated according to the following guiding principles:

 The borrower should develop a resettlement plan where physical displacement and loss of other economic assets are unavoidable. The plan should ensure that displacement is minimized, and that the displaced persons are provided with assistance prior to, during and following their physical relocation. The aim of the relocation and of the resettlement plan is to improve displaced persons former living standards, income earning capacity, and production levels. The resettlement plan should be conceived and executed as part of a development program, with displaced persons provided sufficient resources and opportunities to share in the project benefits. Project planners should work to ensure that affected communities give their demonstrable acceptance to the resettlement plan and the development program, and that any necessary displacement is done in the context of negotiated settlements with affected communities;

 Additionally, displaced persons and host communities should be meaningfully consulted early in the planning process and encouraged to participate in the planning and implementation of the resettlement program. The displaced persons should be informed about their options and rights pertaining to resettlement. They should be given genuine choices among

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technically and economically feasible resettlement alternatives. In this regard, particular attention should be paid to the location and scheduling of activities. In order for consultation to be meaningful, information about the proposed project and the plans regarding resettlement and rehabilitation must be made available to local people and national civil society organizations in a timely manner and in a form and manner that is appropriate and understandable to local people. As well, careful attention should be given in the organization of meetings. The feasibility of holding separate women’s meetings and fair representation of female heads of households, in addition to mixed meetings should be explored. Also, the way in which information is disseminated should be cautiously planned as levels of literacy and networking may differ along gender lines;

 Particular attention should be paid to the needs of disadvantaged groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, and ethnic, religious and linguistic minorities; including those without legal title to assets, female-headed households. Appropriate assistance must be provided to help these disadvantaged groups cope with the dislocation and to improve their status. Provision of health care services, particularly for pregnant women, and infants, may be important during and after relocation to prevent increases in morbidity and mortality due to malnutrition, the psychological stress of being uprooted, and the increased risk of disease;

 Resettlers should be integrated socially and economically into host communities so that adverse impacts on host communities are minimized. Any payment due to the hosts for land or other assets provided to resettlers should be promptly rendered. Conflicts between hosts and resettlers may develop as increased demands are placed on land, water, forests, services, etc., or if the resettlers are provided services and housing superior to that of the hosts. These impacts must be carefully considered when assessing the feasibility and costs of any proposed project involving displacement, and adequate resources must be reflected in the budget for the mitigation of these additional environmental and social impacts;

 Displaced persons should be compensated for their losses at “full replacement” cost prior to their actual move or before taking of land and related assets or commencement of project activities, whichever occurs first; and

 The total cost of the project as a result should include the full cost of all resettlement activities, factoring in the loss of livelihood and earning potential among affected peoples. This attempt to calculate the “total economic cost” should also factor the social, health, environmental and psychological impacts of the project and the displacement, which may disrupt productivity and social integration. The resettlement costs should be treated against economic benefits of the project and any net benefits to resettlers should be added to the benefit stream of the project.

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Over and above, the aforementioned the policy also details the identification and eligibility criteria for those affected and how they can be compensated. It also details the responsibilities of various stakeholders in the project. The policy also emphasizes on the need for the resettlement to bear in mind a developmental approach and participatory approach so as to not jeopardize the affected persons’ livelihoods. This is crucial for avoidance of conflicts.

3.5.1 AfDB Gender Policy 2001

The policy elaborates a set of guiding principles, which emphasize, among other things, the need to apply gender analysis to all Bank activities. It also recognizes that the concept of gender implicitly embodies a culture, which entails cooperation and interdependence between women and men. The utilization of the gender analytical framework is designed to enhance understanding of the culturally determined gender elements relevant to programme/project implementation.

Priority areas in the Gender Policy

Although the Bank’s Vision identifies several areas of operational focus, a strategic choice involving fewer priorities for effective channeling of efforts and resources has been made. This is necessary in order to optimize policy implementation, to reinforce the Bank’s strategic focus for policy dialogue and advocacy as well as to strengthen its interaction with other development partners on major initiatives in the areas of gender. The Bank will therefore pay particular attention to five areas namely education, agriculture and rural development, women’s poverty, health and governance.

3.6 Policy on Disclosure and Access to Information (DAI)

The objective of the Policy on Disclosure and Access to Information (DAI) is to provide a clear framework for ensuring greater awareness and understanding of the Bank’s development function and mission through public outreach, and providing better access to information, particularly on the Bank’s operations.

3.7 Conclusion Drawn from Review of AfDB and World Bank Policies on Involuntary Resettlement

Review of the different policy guidelines of the AfDB and the World Bank (OP/BP 4.12) shows that both multinational development banks have almost similar priorities and approaches to involuntary displacement of project affected persons/community. Primarily, they both agree that PAPs be compensated or assisted irrespective of legal status of PAPs to the land/or place they occupy. The key concern articulated in their different policies is to

29 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire ensure that PAPs are compensated or assisted including income restoration measures to ensure that they are not economically worse off relative to pre-project period.

3.8 Nigeria Law/Land Use Act

In Nigeria land is controlled by individuals, corporations, local governments and state governments in accordance with the law. Simultaneously operating are two levels of land law, a customary system that varies by ethnic group and family type around the country and a “statutory” system based on English law established during the colonial period which operates in many urban areas and selected other areas around the country, usually, where institutions of the modern society and the economy have established rights under this latter system. Individuals and families hold heritable rights in land assigned to them or their ancestors under customary systems and grazing rights. Rights to economic trees and cropping rights may overlap physically on a given piece of land. Individuals and corporate entities hold lease rights acquired within the statutory system or adjudicated by registration from customary tenure into the statutory system.

Whatever the legal status of a landholding by individuals, families, or corporations and other entities, government has the right to take land for public purposes. Local Governments in rural areas, and Local Governments in the urban or the State Governor with respect to developed land, can revoke either statutory or customary rights for public purposes, but the Constitution prescribes that “adequate compensation” shall be paid.

On land that is under customary law, sections 6 (5) and 6 (6) of the Land Use Act prescribed that compensation shall be paid for the value of unexhausted improvement on the land, and that alternative land shall be allocated for the lost of agricultural land. Under section 29 (1) where a lease or other statutory right of occupancy is revoked, the holder of the right and the occupier shall be entitled to compensation for the value of their unexhausted improvements.

When a community holds the right of compensation, it can be paid to the community, to the chief or the leader of the community for the benefit of the community, or into a fund specified by the Governor for the purpose of benefit to the community. Section 29 (4) of the law further specifies that compensation will consist of any rent paid during the year of the taking, replacement cost less depreciation for buildings and other improvements, interests on any delayed payment and the value of any crop on the land. However, section 33 (1) prescribes that alternative accommodation can be provided in lieu of compensation payable, if appropriate to the circumstances.

Road Corridor Land

The Land Use Act 1978 (modified in 1990) under the High way Act states that

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the right of way (ROW) belongs to the Federal Ministry of Works (FMW) as part of the sovereign domain of the nation. The FMW has the right to dispose of all such lands, whether in the roadway itself or in the road reserve, which extends for federal roads to 50 meters on either side of the center line of the highway.

Non-Road Corridor Land

The Land Use Act specified that non-road corridor lands in Nigeria belong to the Federal Government while land within the territory of each of the states is vested in the State Governors of the respective states to hold in trust for the public and for public interest.

In practice, government does not compensate known rightful owners of land/asset when the affected land/assets are located within the right of way of utilities. Rather, government enforces involuntary displacement by demolition of the structures and assets that are located within the land mapped for project.

3.9 Comparison between Land Use Act and the World Bank’s (OP4.12/OS2) Policies and AfDB’s Involuntary Resettlement Policy (2003)

In this section a comparison is made between the Multinational Development Banks’ policies and the Nigerian Land Use Act.

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Table 3.1: Comparison of Nigerian Land Use Act (1978), AfDB Involuntary Resettlement Policy and World Bank’s Operational Safeguards

CATEGORY NIGERIAN LAW OP 4.12 OF WB AfDB’s Involuntary Resettlement Policy of 2003 Land Owners: Cash compensation based upon Recommends land-for-land Recommends land-for-land statutory market value compensation, or cash compensation, or cash Rights compensation at replacement cost. compensation at replacement cost. Land Owners: Cash compensation for land Equivalent value. If not, cash at full Equivalent value. If not, cash customary rights improvements; compensation in replacement value, including transfer at full replacement value, kind with other village/district land costs. including transfer costs.

Land Tenants Entitled to compensation based on Entitled to some form of Entitled to some form of the amount of rights they hold upon compensation subject to the legal compensation subject to the land. recognition of their occupancy. legal recognition of their occupancy. Land Users Land users without title rights be it Entitled for compensation for crops Entitled for compensation for customary, Cof O or Rof O are not and entitled for land replacement crops and entitled for land entitled to any form of and income loss compensation for replacement and income loss compensation or assistance minimal of the pre- project level. compensation for minimal of the pre- project level.

Owners of Non Cash compensation based on Entitled to in-kind compensation or Entitled to in-kind permanent prevailing market value cash compensation at full compensation or Buildings replacement cost including labour cash compensation at full and relocation expenses, prior to replacement cost including displacement. labour and relocation Owners of Cash compensation based on Entitled to in-kind compensation or cash eExnptitlensede tos, pinri-koinr dto co mpensation permanent prevailing market value compensation at full replacement cost dorisp caslaceh ment. Buildings including labour and relocation expenses, compensation at full replacement prior to displacement. cost including labour and relocation expenses, prior to Water vendors Not entitled to compensation/income Not entitled to compensation/income Eligibledisplace meforn incomet. restoration affected by project restoration restoration

The RAP for this Water and Sanitation project will be aligned with the World Bank Operational Policies and AfDB’s Involuntary Resettlement Policy which indicate best practices for rehabilitation of livelihoods of people affected by the implementation of the project. The policies of these Multinational Development Banks will be applicable because they are involved in the funding of the project and also because their respective policies most fulfill the pro-poor objectives of the project, ensuring that the conditions of PAPs are preferably improved and at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs

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CHAPTER FOUR IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS

4.1 Approach to Impacts and PAPS Identification

Section 1.5, chapter 1 provides methodology for impacts and PAPs identification which included census/inventory survey and consultation with the PAPs. Consultation with the project community and PAPs was continuous and started during the preliminary visit in March 2013.

The inventory taken showed that land acquisition will be minor and would occur only at Moore House Area, Old Port Harcourt Town where an elevated tank is expected to be sited. There are no project impacts in the categories of loss of farm, economic tree, shrines/cultural property, etc. It also showed that many previously encroached ROW have been cleared by the State Ministry of Work which is embarking on Road Expansion Project across the project area. The plates below depict the state of the ROW during the time of inventory.

Type of impact on ROW at Diobu Streets ROW in Amadi Road Project Area

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On-going reclamation of ROW at Elelenwo Area A typically reclaimed ROW at Odili Road Figure 9: Existing conditions of the ROW in Project Area

4.2 Discussion of Project Impacts

The Water Supply and Sanitation Project in Port Harcourt and Obio/Akpor will have a lot of beneficial impacts. This will include but not limited to availability and accessibility to treated water, improved sanitation, reduction in water borne and water related diseases, employment, increased capacity to the staff of PIU and Water Corporation, etc.

Amidst these significant positive impacts, there are concerns for negative socio-economic impacts to the project affected persons and communities because project activities will cause loss of assets, loss of income, physical displacement, restriction to access to source of livelihood and involuntary displacement/relocation.

Loss of Land: There will be minor land acquisition at the Moore House Road, Old Port Harcourt Town where the facility intends to erect an elevated tank. The total land area is about 900 square meters. It is a private property, which is presently being occupied by traders. The owner of the land will suffer a permanent loss of land asset, which also implies economic loss for the landlord. Apart from the landlord, about 40 traders who are temporarily using the land space for trading activities are also likely to suffer loss of income.

Although the potential exists for 40 traders in the Moore House land to suffer loss of income, this impact may be prevented before project implementation because these traders are group of persons awaiting the completion of their permanent market, which is expected to be completed by the end of July 2013.

Loss of Shop/Structure: Due to encroachment and extension of balconies, fences and

34 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire pavements on the ROW especially by traders in market areas, there is going to be significant adverse economic impacts on PAPs in such conditions. This group of persons ((88 PAPs) might lose their structures and income earned from them.

Loss of other Means of Livelihood: Aside the categories discussed above, it is foreseen that majority of PAPs are those that trade on tables along the ROW and those that own kiosks. PAPs in this group are more than 140 with many of them likely to be vulnerable because they may not be economically capable of renting shops or getting alternative site for their trading activities.

To the extent that these arguments hold sway, experience shows that PAPs trading on the ROW many times come back to the site where the ROWs are not barricaded. Therefore, impact on involuntary displacement will be short and temporal.

4.3 Impact Reduction Measures Undertaken

The following are technical steps taken in consultation and concurrence of the Rivers State Water Corporation which have resulted in the reduction of adverse impacts of the project:

 Consulting/communicating the people of the project area and PAPs in particular on the day and time to expect civil work activities within their respective points/ROW  Engaging progressive drilling and installation/backfilling method in which installation equipment are on ground before excavation to enable instant backfilling after pipe laying so that obstruction to movement/access to source of livelihood is significantly minimized. It is however, conceivable that this measure may not be effective on its own; therefore, the MWRD shall during procurement process make specific clause binding the contractor to adhere to the progressive drilling and backfilling measure in required areas. There will also be a well cut out monitoring program during project implementation to ensure adherence.  Required ROW within the streets is restricted to 1 meter only since the size of pipes for tertiary water distribution in these areas is between 100mm to 150mm only.

In spite of the outlined impact reduction measures above, mitigation measures have also been clearly prepared in this document, which is in line with the AfDB and IDA policies (OS2 and OP 4.12) on involuntary resettlement to ensure that those who must suffer economic impact are restored to the pre-project state.

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4.4 Inventory of Affected Assets/Structures in the Project Area

About 248 structures/persons will be adversely impacted due to the sub-project activities. The breakdown of the potential impacts and PAPs are as per Table 4.1.

Table4.1: Analysis of the Inventory of Impacts

4.5 Census of Project Affected Persons (PAPs)

Census of PAPs was carried out based on the methodology described in section 1.5. The outcome shows that 248 persons will be potentially impacted/suffer socio-economic losses as a result of sub-project activities. PAPS also include 50 vulnerable persons. The census register for the RAP describes the names of PAPs, means of identification/contact and affected items .

4.5.1 Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs

The 50 vulnerable persons enumerated during the RAP census consist of female-headed households, the severely poor proxies by household heads on less than $5 per day and the elderly poor persons (60 years and above) with dependents. There was no vulnerable PAP in the category of HIV-AIDS persons, physically and/or mentally disabled persons and child headed households.

The objective of income restoration measures for the vulnerable persons is to ensure that they are reasonably assisted to overcome potential economic shock from the project, and maintain the quality of life not less than their pre-project state because; they are at higher risk than others based on their vulnerability disadvantage.

In this project however, the vulnerable PAPs are not anticipated to be adversely affected in the long run because they are mainly those trading with Tables on ROWs. In this case, t he nature of impacts w i l l b e temporal, involving mainly a backward shift of their tables/kiosks/asset from the ROW or in kind or cash assistance to 36 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire relocate them to a safer place. This reason notwithstanding, vulnerable persons will receive subsistence sum/cash because it is conceivable their sales may take some days lag to pick in their new environment. In addition employment consideration and skill acquisition will be given to vulnerable PAPs.

The kind/cash assistance for vulnerable group and PAPs in general shall be administered by the proponent (MWRRD) through the resettlement committee or through NGOs in consultation with the PAPs. To ensure that income restoration measures are effective all the articulated resettlement measures will be carried out prior to the project implementation.

The income restoration plan (skill acquisition, assistance) to vulnerable PAPs shall be funded through the amount to be set aside for administration within the resettlement budget. This fund will be set aside by the MWRRD through it counterpart responsibility to project’s due diligence and shall preferably be operated/administered by the resettlement committee/NGO to be appointed and supervised by the PIU during RAP implementation.

4.5.2 Performance Indicators for Assessing Income Restoration

Performance indicators and monitoring are important in evaluating the progress and effectiveness of the resettlement plan vis-a-viz the income restoration measures. It is the responsibility of the monitoring and evaluation officer or the Safeguard Officer at the PIU to design a schedule and budget for monitoring the implementation of the RAP which will begin before project implementation and continue through the life cycle of the project. The monitoring indicators, which provide the basics for requirement of RAP income restoration progress is attached as, annex 4.

Positive results or improvement over the baseline conditions will be indicative of track record consistent with the objective of RAP while performances below the baseline conditions indicate failure of the RAP from meeting the desired objectives. In this case, the safeguard officer/monitoring officer is expected to report to PIU early and offer ways for improvement/modification of the restoration measures.

For successful implementation of RAP, PAPs must be given prior orientation, perhaps during the training and enlightenment workshop and must be informed that there will be periodic monitoring of their activities.

4.6 Entitlement Matrix for the PAPs

Table 4.2 provides an entitlement matrix for PAPs. The matrix shows specific and applicable categories of PAPs under this project and types of losses as well as entitlement plan for PAPs. The entitlement matrix therefore, is the basis for compensation budget, resettlement and income restoration measures to be administered by the proponent. The subsequent

37 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire section further provides explanation of the entitlement matrix under eligibility criteria for entitlements.

Table 4.2: Entitlement Matrix for the PAPs

Categories of Type of Entitlements PAPs Loss Replacement/Compensation Moving Other Assistance Allowance Property Owners Loss of Land Land replacement of equal NA Land clearing money or size value Loss of Full replacement cost at Kind or cash NA Structure prevailing market rate in the assistance of at project area least N15,000 Loss rental Not applicable in this project NA NA Income Traders/Business Loss of Compensation of turnover for NA Subsistence sum for tenants Income number of days of displacement the number of days of loss/displacement Loss of Full replacement cost at Kind or cash Subsistence sum for structure prevailing market rate in the assistance of at the number of days project area least N15,000 of loss/displacement Residential Loss of NA NA NA tenants shelter not envisaged Encroachers Loss of land No compensation for land NA NA using land for Loss of Compensation of turnover for Kind or cash Subsistence sum for business activities Income number of days of displacement assistance of at the number of days least N15,000 of loss/displacement Vulnerable Loss of Compensation of turnover for Kind or cash Training Persons income number of days of displacement assistance of at Cumulative Early intervention least N15,000 Subsistence sum for impact on the the number of days welfare of of household loss/displacement Subsistence sum is estimated at N 30,000 ($189.9) per PAP basd on the average PAPs household sustenance for estimated 20 days of loss/displacement and/or income restoration lag.

4.7 Description of Eligibility Criteria for Defining Various Categories of PAPs

Based on the policy guideline of AfDB OS2 which is in concurrence with the World Bank’s OP4.12, the Following three criteria are recognized:

a. Those who have formal rights to land (including customary, traditional and religious rights recognized under the Federal and/or State

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Laws of Nigeria). b. Those who do not have formal legal rights to land at the time of the census begins but have a claim to such land or assets provided that such claims are recognized through a process identified in this resettlement plan c. Those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood.

Those covered under a) and b) above according to both guiding policies are to be provided compensation for the land they lose, and other assistances in accordance with the policy. PAPs covered under c) above are to be provided resettlement assistance in lieu of compensation for the land they occupy and other assistance, as necessary to achieve the objective of them not being economically worse off because of the development.

Although all PAPs irrespective of their legal rights or not, squatters or otherwise encroaching on land are eligible for some kind of assistance under the policies of AfDB and WB, such PAPs must be those captured in the census. In other words, persons that encroach on land/ROW after the cut-off date will not be entitled to any form of assistance or compensation.

4.7.1 PAPs Losing Permanent Structures-for Residential (immoveable structures)

Structures and other assets including balconies, walls, fences, and pavements on the ROW of project corridor are categorized as immoveable/permanent structures. Where demolition of these structures cannot be avoided, census of PAPs has been taken for resettlement/compensation. PAPs under this category will be resettled or compensated for the value of the structure to be displaced based on the prevailing market value of the structure in Port Harcourt. Demolition/clearing of structures to secure the ROW will take place at least two weeks to the period of implementation after PAPs would have been compensated.

4.7.2 PAPs Losing Permanent Structures-for Business (immoveable structures)

PAPs covered in this category will be resettled or compensated for the value of the structure to be displaced based on the prevailing market value of the structure in Port Harcourt. In addition, PAPs will be compensated for loss of livelihood income due to loss of business income. For PAPs relocating to alternative sites, they shall be provided with in kind/cash assistance. Demolition/clearing of structures to secure the ROW will take place at least two weeks to the period of implementation after PAPs would have been compensated.

4.7.3 PAPs with Moveable Structures

These include all the PAPs whose trading tables, kiosks and goods are displayed on the

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ROW. For many people in this category, shifting backward is a sustainable and optimal measure where there are available spaces backward. PAPs will be given in kind or cash assistance to shift-back from the ROW or to a different site.

4.8 Duration for Civil Works

Estimation of the duration for civil works/rehabilitation completion is three (3) years. PAPs will not be disrupted in anyway by the project until resettlement program is implemented.

4.9 Cut-Off Date

The cut-off date for being eligible for compensation and/ or resettlement assistance is May 31st 2013 which is t h e l a s t day during which the socio-economic survey was completed. PAPs and project community were duly informed about the significance of the cut-off date in the implementation of this RAP through the Local authorities, NGOs and CDCs.

4.10 Proof of Eligibility

The resettlement committee/NGO will consider the presentation of eligibility certificate as a means of identifying eligible PAPs for entitlements. In case of lose or misplacement, other forms of evidence as proof of eligibility will also be acceptable but limited to the following:

 Identification based on phone number and name supplied during the census stage  PAPs are expected to produce their code number (eg PHA/DIO/01), which will be sent to them via their GSM phone lines.  PAPs with no phone numbers will be identified by their association leader/CDC leader so long as the name being used for claim is one recognized in the census register.

40 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

CHAPTER FIVE VALUATION AND COMPENSATION OF

AFFECTED STRUCTURES AND PROPERTY

5.1 INTRODUCTION

Valuation of assets to be affected by the implementation of the project was conducted using a general principle adopted in the formulation of the compensation valuation, which follows the Multinational Development Banks; policies (AfDB and WB) that lost income and asset will be valued at their full replacement cost such that the PAPs should experience no net loss.

The asset valuation was conducted based on the current market prices in the project area. For some materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the average market price plus 2% price flexibility adjustment was used for the valuation. Below is the outcome of the market survey carried out in May 2013 in Port Harcourt, Nigeria.

Category Materials Unit Amount Amount (Naira) (Dollar) Land (in PH Town) NA 450sqm N11.85million $75,000 Structures ( balcony, Cement 1 bag N1600 $10.13 Fence, Wall, Corrugated 1 sqm N2500 $15.82 Pavement) iron sheet Trampoline 1 yard N 700 $4.43 Tiles Square N 1500 $9.5 meter Block - 1 sqm N 3000 $19 Cement Wood/plan 1 N 400 $2.55 Iron rod 1 N 1500 $9.5 Truck Hire within N 15,000 $95 the city Labour cost: Mason, 1 artisan N 10,000 $63.3 Carpenter, etc Per day Currency exchange rate (May 2013): N158 : $1

Based on prevailing macroeconomic variables in Nigeria which is demonstrated by a relative stable exchange rate between N156 and N158 to the Dollar in the last 24 months and the drop in inflation rate (see Figure 10) it can be predicted that the exchange rate used in this valuation and the 2% inflation correction item (pegging inflation at not more than 12%) assumption will be realistic over the next 12 to 15 months.

41 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Average Inflation rate

2008 2009 2010 2011 2012 2013

Figure 10: Inflation trend in Nigeria: 2008-2013 (CBN)

5.2 Method of Valuation for compensation

The method of valuations has been communicated to and dialogued with the PAPs during consultations as presented below:

Valuation Method for Land Property

In line with OS2 of the AfDB and OP4.12 of IDA on involuntary resettlement as stated in the entitlement matrix, land for land entitlement is prescribed. In so doing, it is also important to take into cognizance the size of the land and location since these two variables are determinants of value of land property.

Market survey in the project area shows that land in Port Harcourt main town is priced at about $75,000 dollar for a 450 sqm property. The property to be acquired in Moore house is about 900sqm. The value of the land therefore, is put at about $152,000 inflation consideration inclusive. The ideal compensation therefore, is a portion of land of same size in any other part of the city with same value as the one being acquired by the project.

Replacement Cost Method for Assets/Structures

The Replacement Cost Method, which is used in estimating the value of the property/structure, is based on the assumption that the capital value of an existing development can be equated to the cost of reinstating the development on the same plot at the current labour, material and other incidental costs. The estimated value represents the cost of the property as if new.

42 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Disturbance and Other Incidental Contingencies

Affected business premises which will have to close shop or be relocated will be given compensation for loss of business time/income and cash or in kind assistance to enable the relocation of affected property.

Subsistence and Transport Allowances

It is provided as a pro-poor measure which this RAP seeks to address, that an amount of N15,000 be paid to all PAPs that will need to move their assets to a new location within Port Harcourt city. The amount represents market cost for hiring a truck for one trip to any part of the project area. However, those eligible to this are already determined in the budget based on verified likelihood of physical displacement.

Similarly, a subsistence amount of N30,000 flat was provided for those that will suffer loss of income, including the vulnerable persons. This amount was reached at based on the average turnover/income of PAPs in the project area, and the consideration that an average PAP household spends about N1500 on consumption per day. The estimated amount will provide subsistence for 20 days within which economic shocks occasioned by displacement and adjustment in the new environment would take.

5.3 Summary of Compensation and Resettlement Budget for PAPs

The compensation budget is composed of components as shown in table 5.1 below:

Table 5.1: Compensation and Resettlement Budget Estimate

DESCRIPTION TOTAL (USD) 1. Land Resettlement $151,898.73 2. RAP Compensation/Assistance Budget for 207 PAPs (determined) $99,170.89 3. RAP Compensation/Assistance Budget for group of 40 PAPs at Moore $11,392.5 House Land (to be determined). Sub-Total: Resettlement and Compensation $262,462.12

4. Capacity Building and Training for RAP Implementation $46,600 5.Operating cost including income restoration measures and Monitoring of RAP $26,246.2 Implementation (10 % of RAP compensation Budget)

6. Cost of engagement of consultant/NGOs for compensation payment $7,912

TOTAL $343,220.32

Details of the compensation valuation variables is contained in the compensation budget

43 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire valuation matrix attached as annex 4.

The total budget for administering/implementing the RAP for Water Supply and Sanitation Project in Port Harcourt and Obio/Akpor project area is Three Hundred and Forty Three Thousand, Two Hundred and Twenty Dollars and Thirty Two Cents ($343,220.32).

5.4 Delineation of Budget Components by Project Package and Work Area/Stretch

Given that project development and funding is categorized into two packages funded separately by AfDB and World Bank respectively, Table 5.2 attempts to show the delineation of the PAPs and compensation estimate by project package and work area/stretch.

Table 5.2: Delineation of Compensation Cost by Project Package and Work Area/Stretch.

Category Work Area/Stretch No of PAPs Compensation Estimate Naira Dollar Borokiri 43 N1,935,000 $12,246.84

Diobu 12 N1,339,000 $8,474.68 PACKAGE 1 Moore House 41 N25,800,000 $163,291.14 Ikwerre 31 N2,263,000 $14,322.79 Rumuola 52 N2,961,000 $18,740.51 Rumukuta 8 N925,000 $5,854.43 Sub-Total: Package 1 187 35,223,000 $222,930.38 Elelenwo 33 N1,856,000 $11,746.84 PACKAGE 2 Elekahia 4 N356,000 $2,253.16 Woji 24 N2,234,000 $14,139.24 Sub-Total: Package 2 61 N4,446,000 $28,139.24

5.5 Procedure for Delivery of Entitlements

5.5.1 Engagement of Consultant/NGO

The MWRRD shall engage the services of a Consultant/NGO for preparation and management of entitlement to the PAPs. The Consultant/NGO will be responsible for facilitating the RAP compensation process enumerated under section 5.5.2.

44 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

5.5.2 RAP Compensation Process

The compensation process will involve several steps in accordance with this resettlement and compensation plan and shall include the following:

 Public participation: Public participation with the PAPs which had been part of the process of this RAP would continue even at the RAP implementation phase. Using the entire identified medium, PAPs would be contacted, consulted and made to participate in enlightenment workshop in which alternatives for income restoration and compensation will be discussed and agreed. During this meeting, eligible PAPs without clearance certificate for entitlement will be issued with certificates. This assignment will be facilitated by the Consultant that will oversee the RAP compensation  The Consultant/NGO shall identify and work closely with CDCs/NGOs, Association leaders, etc within each district/work stretch to ensure that PAPs are all contacted/consulted, and necessary dossiers are documented from PAPs  Type of choice (cash and/or in-kind) made by PAPs shall be documented. This shall be done by issuing PAPs with an order form to be completed and signed by PAPs. PAPs who cannot read or write will be assisted to do so  PAPs will specify clearly within the provision in the order form their transfer instruction (for those receiving cash), stating their Bank Account Name, Name of Bank, Account Number and Sort Code.  Non-Bank Account holders shall be assisted to open bank accounts. This is apt for three key reasons: 1. Government of Nigeria is moving towards a cashless economy which may catch up with the RAP payment and pose difficult for PAPs receiving their entitlements. 2. Operating a bank account will be a plausible option to manage PAPs income restoration program 3. Carrying cash to the house by PAPs poses a security treat to PAP and may also lead to increase poverty scenario of PAPs

 Notification - Dates of various activities for the resettlement program will be communicated to PAPs for inclusive participation.

5.5.3 Compensation Payment Administration

The resettlement budget details prepared in this RAP shall be the guide for the Consultant/NGO to be engaged for RAP payment. After the processes elaborated in section 5.5.2 has been exhausted, the consultant will prepare the payment documentation

45 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire stating the Name of PAP, address, Phone number, Bank account details and amount entitled. The submission will be made to the Project Coordinator at The PIU.

The Project Coordinator will verify the submission by the consultant using the RAP Budget document as a reference. If there are errors, omissions or ambiguities, the attention of the Consultant will be drawn for reconciliation.

When fully verified, the payment mandate/report shall be sent to the Commissioner for approval of fund and payment.

The Commissioner/chief accounting officer shall approve the payment and minute to the Project Coordinator at the PIU who shall ensure that the payments are carried out by the accountant/finance officer to the various PAPs banks

5.6 Resettlement Implementation Linkage to Civil Works

Before any project activity is implemented, PAPs will need to be compensated/resettled in accordance with the entitlement matrix/budget plan established in this RAP. Alternative structures and relocation sites where applicable should have been prepared and witnessed by State Ministry of environment and the community leaders/CDCs. PAPs that would not need to relocate, especially those that their frontage/balcony/ relaxation outdoors will be impacted must be informed/given the civil work schedule which at least provides a two weeks prior notice to PAPs before actual civil works in the area or site.

Resettlement monitoring of income restoration measures shall however be continuous throughout the project cycle together with other project activity implementations.

46 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

CHAPTER SIX GRIEVANCE REDRESS MECHANISM

6.1 Introduction to Grievance Redress Mechanism

The grievance redress mechanism describes the procedure as well as a number of multi- layered mechanisms to settle grievances and complaints resulting from resettlement and compensation in-house, at local level. The objective is to respond to the complaints of the PAPs in a timely and transparent manner and to provide a mechanism to mediate conflict and cut down on lengthy litigation, which often delays such infrastructural projects. It will also provide people who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures.

The major grievances that might require mitigation include:

 PAPs not listed;  Losses not identified correctly;  Inadequate assistance;  Dispute about ownership;  Delay in disbursement of assistance and improper distribution of assistance.

The set objective of grievance redress mechanism notwithstanding, the mechanism provides a procedure for the complainant to appeal in the court of law.

6.2 Grievances and Appeals Procedure

This grievance procedure is prepared in line with the provision of the RPF of the NUWSRP (2004). The need to provide a forum locally to receive, hear and resolve disputes is in the best interest of all parties to forestall the lengthy process of litigation, which could affect the progress of project. Therefore, the setting of grievance redress committee early during RAP implementation is desirable.

6.2.1 Grievance Redress Committee (GRC)

A Grievance Redress Committee will be set up by PHWC/MWRRD to address complaints from RAP implementation. This committee will be coordinated by a local NGO and shall be made up of the following parties:

47 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

 NGOs  Community Development Councils (CDCs)  Representative of the 2 LGAs  Representatives of associations/interest groups and,  PAPs representative

It is expected that MWRRD should engage an independent body such as NGO to head the Grievance Redress Committee (GRC) so as to give the committee credibility and trust of protecting the interest of PAPs. MWRRD or its staff would not be heading the committee since it is a party to the anticipated grievance cases.

The NGO to be chosen must have experience in dispute resolution and must have a lawyer in its team that will serve as the secretary of the body.

The PIU-MWRRD will provide the GRC with the guideline based on the provisions of this RAP and also make available to it contact details/register of PAPs which details their names, addresses and phone numbers for contacting them when necessary.

PAPs shall also have the option of contacting the GRC directly or indirectly to register their grievance by themselves or through their local chief or leader

There will be no fees or charges required of those wishing to have a grievance or complaint heard.

The timeline for implementation of the grievance resolutions shall be at most 15 days from the last day allowable for grievance and complaints submission following the end of RAP disclosure.

The functions of the Grievance Redress Committee include:

 Provide support to PAPs on problems arising from loss of private properties and business area.

 Record the grievance of the PAPs, categorize and prioritize the grievances that need to be resolved by the committee; and

 Report to the aggrieved parties about the developments regarding their grievances and the decision of the project authorities

The grievance procedure should be simple, administered as far as possible at the local and state levels to facilitate access, flexible and open to various

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proofs taking into consideration the fact that many people are illiterate requiring a speedy, just and fair resolution of their grievances. However, when matters could not be resolved at this level, there is need for the grieved to seek redress in the court

6.2.2 Court Resolution of Grievance Matters

The possibility of seeking for grievance resolution in the court may be a last resort and should be expected, especially, where the complainant felt dissatisfied with resolution of the GRC.

The provision of the RPF of the National Urban Water Sector Reform Project (NUWSRP) on this matter is that grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of assets without compensation shall be addressed to the state local courts system of administration of justice. The court hierarchy would in ascending order therefore, be land dispute tribunals/chiefs, followed by magistrate courts and then finally the high courts. The high court of the state is being designated as the highest appellate court to settle grievances.

6.3 Procedure for Effective Local Resolution of Grievance

The following steps and procedures will apply in this project to ensure that grievances are settled within PIU and /or at the level of the Grievance Redress Committee as much as possible:

 An accessible and affordable complaints mechanism will be in place as soon as RAP report is disclosed, and will enable people with claims against the process to make their complaints  At the first stage, PAPs will register their complaints and grievances to the Safeguard Officer in PIU (contact address to be provided to PAPs).The Safeguard Officer is required to in consultation with the Project Coordinator provide a written response to the PAP within fourteen (14) calendar days of receiving the complaint.  If the PAP is not satisfied with the decision of the PIU, the PAP should present the case to the independent Grievance Redress Committee (GRC). The GRC upon receiving the complaint should write to acknowledge the receipt within one week.  A record should be kept for hearing concerning the complaint, as well as of the reasons for filing the complaint  The matter so complained should be verified with the PIU  Mediation efforts at the discretion of the GRC should be embarked upon within three weeks of receiving the complaint  Where a matter is not satisfactorily resolved at this level, the GRC should assist PAPs to

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seek redress through the court of justice.

It is expected that the members of the grievance redress committee shall undergo training/sensitization workshop recommended in this report. While the setting of grievance mechanism is necessary it is expected that the following measures, be put in place to avoid or at least minimize cases of grievances:

 Careful designing of the works to be undertaken  Consultation with PAPs from time to time about recent developments  Ensuring that demolition of structures is not embarked upon until full implementation of the provisions of the RAP  Identification through phone numbers, PAPs code identity, inventorying, and  Establishing current compensation at full market value

It is however, very important that lessons learnt and complaints received at any given time be properly documented for future reference and intervention in other projects.

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CHAPTER SEVEN INSTITUTIONAL ARRANGEMENT AND RESPONSIBILITIES

7.1 Introduction to Institutional Arrangement

The major institutions that are involved in this resettlement process are the Ministry of Water Resources & rural Development (MWRRD) Rivers State Water Corporation, the World Bank, African Development Bank and the District Resettlement Committee (DRC).

7.2 Institutional Arrangement

The roles and responsibilities of the institutions regarding Resettlement Implementation and Grievance redress is as per table 7.1.

Table 7.1: Institutional Arrangement and Responsibilities for RAP Implementation

S/No Stakeholders/Institution Responsibilities 1 PIU-MWRRD Appointment of a Safeguard Officer that will be desk officer to the PIU on complaints and grievances matters.

Establishment of an independent Grievance Redress Committee (GRC)

Ensuring that the project conforms to AfDB/IDA safeguard policies, including implementation of t h e Resettlement A c t i o n P l a n ( RAP), as required.

Engaging the services of a consultant/NGO to carryout preparation and implementation of RAP and subsequent engaging the service of external monitors for the RAP implementation. Approval of payments to consultants for RAP activities carried out under the project.

Internal monitoring and evaluation of RAP activities.

Preparation of quarterly and annual progress reports on RAP implementation.

Submission of Reports to AfDB and World Bank for review.

AfDB/Word Bank Overall responsibility of ensuring that the OS2/OP 4.12 are complied with in the

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RAP.

Responsible for the final review, clearance and approval of the RAP. Monitoring and Ensures that there are sufficient resources (time, Evaluation Officer from the PIU money and people) to supervise the implementation of compensation.

Ensures that any changes during implementation process that have significant social impact are communicated to the MWRRD in time and advice on actions to be taken and costs involved.

Ensures that the PIU is sufficiently informed on monitoring results. District Resettlement Being responsible for guiding compensation and Committees (DRCs) resettlement activities in district areas in collaboration with the Consultant/NGO to be engaged by MWRRD

Checking the unit prices of compensation as used in RAP, suggestions for adjusting the unit prices in conformation with market prices/replacement costs where necessary

In co-ordination with MWRRD or its Consultant, organize meetings with PAPs, communal authorities disseminate copies of Resettlement Information Booklet (RIB) and entitlement forms.

Settling the complaints and grievances raised by complainants and suggest solutions for the outstanding issues to responsible institutions for improving of the RAP implementation.

Organize seminars to disseminate the RAP report to relevant stakeholders, communities, etc.

Assisting local people in overcoming the difficulties during the implementation period. Project Affected Persons (PAPs) Giving their own opinions and, or support on alternative project designs during Focused Group Discussion,

Support Community- based developmental project.

Attend meetings, workshops and capacity building meetings for this RAP Comply with agreements reached during consultations to ensure successful Implementation and livelihood restoration Safeguard Officer Ensure that complaints received are treated with utmost urgency Liaise with Project Coordinator on all matters on grievance complaints Supervise safeguard implementation including RAP Review RAP and

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other Safeguard documents and ensure its compliance to the applicable policies of the Banks Consultant Or NGO for Entitlem ent Work with DRC, CDC, NGOs to identify and consult with PAPs on compensation processes and timetable document agreement with PAPs on choice of compensation Ensure that Compensation plan and PAPs bank account details are documented Work with PIU to ensure finalization and payment of entitlements

53 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

6.3 Implementation & Reporting Organogram

AFDB WB

MWRRD

Water Corporation

PIU

Resettlement GRC Committee (PIU)

Admin officer M& E S.S.O Procurement Account Officer

Figure 11: Implementation Organogram

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

CHAPTER EIGHT MONITORING AND EVALUATION

8.1. Overview on Monitoring

Monitoring and Evaluation are integral components of the programme/project management cycle used at all stages of the cycle, monitoring and evaluation can help to strengthen project design, enrich quality of interventions, improve decision-making, and enhance learning.

The key objectives of monitoring the RAP implementation would be as follows:

 Transparency and accountability in terms of use of project resources  Providing constant feedback on the extent to which the RAP implementation are achieving their goals  Identifying potential problems at an early stage and proposing possible solutions  Providing guidelines for the planning of future projects and,  Improving project design

There will be two levels of monitoring; namely internal monitoring and external monitoring. Under internal monitoring the MWRRD will hire a monitoring and evaluation officer to work in the PIU while an external monitoring and evaluation officer will be engaged periodically by MWRRD.

Internal Monitoring

The internal monitoring and evaluation officer will report to the Project Coordinator at the PIU. Implementation of the Resettlement Action Plan (RAP) will be regularly supervised and monitored by the Monitoring and Evaluation/ Social Officer in coordination with staff of the MWRRD- PIU

The findings will be recorded in quarterly reports to be furnished to the MWRRD- PIU, African Development Bank and the World Bank. Lessons learnt during implementation will be documented and disseminated so that gaps identified can serve as valuable information for subsequent projects.

8.1.1 Tasks of the Monitoring and Evaluation Officer

 Verify that the baseline information of all PAPs have been carried out and that the valuation of assets, lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this policy framework and the respective

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

inventory and RAP.  Oversee that the RAPs are implemented as designed and approved.

 Verify that funds for implementing the RAPs are provided to the respective local level (district) in a timely manner in amounts sufficient for their purposes and that such funds are used by the MWRRD in accordance with the provisions of the RAP.

 Ensure the identification and signature/thumb print of PAPs before and during receipt of compensation entitlements.

 Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner.

8.2. Independent Monitoring

An independent agency will be retained by the MWRRD to periodically carry out external monitoring and evaluation of the implementation of the RAP. The independent agency will be either an academic or research institutions, non- governmental organizations (NGO) or an independent consulting firm. They should have qualified and experienced staff and their terms of reference acceptable to the funding partners

In addition to verifying the information furnished in the internal supervision and monitoring reports, the independent monitoring agency will visit a sample of 10% of the Project affected Population in each relevant district, six months after the RAP has been implemented to:

 Determine w h e t h e r t h e p r o c e d u r e s f o r P A P s participation a n d d e l i v e r y of compensation and other rehabilitation entitlements have been done in accordance with the Policy Framework and the respective RAP.  Assess if the RAP objective or enhancement or at least restoration of living standards and income levels of PAPs have been met.  Gather qualitative indications of the social and economic impact of project implementation on the PAPs.  Suggest modification in the implementation procedures of the RAP, as the case may be, to achieve the principles and objectives of this policy framework.

The terms of reference for this task and selection of qualified agency will be prepared by the PHWC-PIU in collaboration with AfDB and World Bank at the beginning of project implementation stage.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

8.2.1. Implementation Schedule

Table 8.1 below summarizes the implementation schedule of the Resettlement Action Plan by phase, responsibilities and completion time for the Water and Sanitation Project.

Table 8.1: Summary of Responsibility for Implementation of Resettlement Action Plan

PROJECT PHASE ACTIVITIES RESPONSIBILITIES CYCLE

PLANNING  Initial site visit & Consultant; Supervision by consultations. MWRRD and PHWC  Identification of Resettlement and Scoping and Social issues  Application of safeguard Screening policies  Categorization  Action plan  Screening Report DESIGN Preparation of  Draft RAP Consultant; Supervision by  WB /AfDB No-Objection RAP  Consultations MWRRD and PHWC  WB /AfDB No-Objection and consultations

Disclosure  Disclosure of RAP locally & to MWRRD AfDB WB Info Shop and AfDB web portal World Bank

Finalization and  Final version of RAP Consultant; Supervision by Incorporation RAP into MWRRD and PHWC

contract documents  WB /AfDB No-Objection

EXECUTION Implementation  Implementation Contractors Supervision by and monitoring  Monitoring & reporting M W RRD and PHWC / and the on environmental and social community mitigation measures  Monitoring and reporting of Resettlement and livelihood issues

OPERATIONS Operations and  Maintenance Contractors Supervision by (POST- maintenance  Monitoring and reporting M WRRD/PHWC and the of Resettlement and social community livelihood issues IMPLEMENTA TI ON)

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

CHAPTER NINE COMPENSATION FUNDING

ARRANGEMENT AND TIME TABLE

9.1 Budget For Resettlement Activities Related With The Water Supply And Sanitation Project

Responsibility for RAP budget funding will be that of the MWRRD because they are the party who are impacting livelihoods. It will be financed through the projects administrative and financial management rules and manuals like any other sub-activity of the project eligible for payment under this project.

It is expected that implementation function will rest on the PIU, but the budget will however be subject to the finalization of disclosure and clearance/approval by AfDB and World Bank before disbursement or implementation can commence.

Since the MWRRD will be responsible for funding the compensation entitlement, final approval for payments above the limit for the Project Coordinator must be approved by the Chief Accounting Officer of the Ministry (Commissioner).

9.2 Timetable for the Resettlement Action Plan

The timetable and schedules for the completion of the Abbreviated Resettlement Action Plan can be seen in Table 8.1 below. The RAP has to be completed and PAPs adequately compensated before operation in the designated ROW of project.

The timeline in table 8.1 is only indicative since the external factors not envisaged at this period such as delay in reviewing and addressing comments and other administrative and operational matters may cause a delay in the project time line.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Table 9.1: Timetable for RAP implementation shown in Gant Chart

No Activities Completion Time August, September, June, 2013 July, 2013 2013 2013 1 Submission of Draft RAP Report 2 Field Verification and comments 3 Update of comments 4 Submission of final RAP Document 5 Advertisement in two Local Newspaper in the Country 6 Posted in the World Bank Info Shop 7 Commencement of RAP 8 Completion of RAP Implementation 9 Commencement of Civil work

9.3 Training and Capacity Needs

Based on the assessment of the institutional capacities of the MWRRD and PHWC in the understanding and implementation of RAP, it is recommended that MWRRD Contract technical assistance to provide training and operational support to the project implementation unit (PIU) and other agencies involved in the RAP implementation.

It is apt that the PIU and the Dispute resolution committee be educated on the modus operandi of involuntary resettlement and how to manage grievance cases. It is also important for PAPs to understand optimal measures for livelihood restoration and the opportunities to possibly take advantage of.

The various categories of training needs/education and target designates are identified in Table 9.2.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Table 9.2: Recommended Training and Education

Item Module Course Content Who to Train Estimated Amount(USD)

3 Days Involuntary 3. Principles of PIU-PHWC, DRC 12,700 Resettlement and Resettlement Action and CDC Training Rehabilitation Protocol Plan 4. Monitoring & Evaluation of RAP/RAP Implementation

Grievance Redress Conflict Management and PIU-PHWC, DRC 12,700 Mechanism Resolution in RAP and CDC

Basics of 1. Cash Management and All the 67 PAPs 21,200 Livelihood Monitoring Restoration 2. Record Management& Book keeping

3. Making investment Decisions

TOTAL: USD 46,600

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

CHAPTER TEN PUBLIC CONSULTATION

10.1 Introduction

In line with best practices for social impact assessment and as a procedure in Nigeria and the Multinational Development Banks (AfDB & World Bank) under Environmental and Social Impact A s se s s me n t public consultation was a major driver of this social safeguard assignment. Public consultation and participation are essential because they afford potential PAPS the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts between and among PAPs and the participating state utilities. The socio-economic situation prevailing in Nigeria makes public consultation with communities, indispensable. Furthermore, it is the local, urban and semi- urban communities who are to claim ownership of this project and are the intended beneficiaries ultimately; and for this project to be successfully meaningful, effective and close consultation with local communities is a pre-requisite. In recognition of this, particular attention is paid to public consultation with potentially affected individuals/households and communities.

Public consultation was used amongst other things to identify the population affected by the project. It also served the purpose of creating an enabling environment for input and feedback mechanism among the stakeholders. The principle outcome of the public consultation process was:

 The identification of PAPs  Identification of concerns of the affected persons and community  Communication of project objective to the concerned communities, and  Identification of i n d i c a t o r s f o r m e a s u r i n g performance of t h e RAP implementation based on the socio-economic peculiarities of the affected project communities.

10.2 Objectives of the Public Consultation

 To create general public awareness and understanding of the project, and ensure its acceptance;

 To develop and maintain avenues of communication between the project proponent, stakeholders and PAPs in order to ensure that their views and concerns are incorporated into project design and implementation with the objectives of

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

reducing, mitigating or offsetting negative impacts and enhancing benefits from the project;

 To inform and discuss about the nature and scale of adverse impacts and to identify and prioritize the mitigation measures for the impacts in a more transparent and direct manner;

 To document the concerns raised by stakeholders and PAPs so that their views and proposals are mainstreamed to formulate mitigation and benefit enhancement measures; and  To sensitize other MDAs, local authorities, Non-governmental Organizations (NGOs) and Community Based Organizations (CBOs) about the project and solicit their views and discuss their share of the responsibility for the smooth functioning of the overall project operations.

10.3 Stakeholders Identification

The Consultants alongside the MWRRD, PHWC and NGOs worked together to identify the key stakeholders that should be consulted at various stages of project implementation. This process was completed with the identification of project-affected areas, residents and relevant governmental stakeholders.

The identified stakeholders for consultations were selected as follows:

1) Federal and State Government Organizations: This level of stakeholders constituted staff and representatives from the MWRRD, PHWC, Ministry of Environment, Ministry of Works, Ministry of Women Development, Ministry of Youths, Power Holding Company of Nigeria, LGAs, agencies, Nigerian Police Force, etc 2) Civil Groups/Non-governmental Organizations: This level comprised NGOs, community development commissions (CDCs), civil society groups etc. These were represented by organization such as Accord, Kalabari Youth Federation, Sofer Initiative, Women Community Association (WCA) etc. 3) Private Organizations: This cadre comprised of private establishments (Limited Liability Companies, Banks, corporations etc. Some of these included Skye Bank, Trail Newspaper etc. 4) Communities, Residents and Businesses: This cadre comprised mainly of PAPs, local residents, Community Development Councils, Market Associations,

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

10.4 Strategy for Mobilizing Participation

Sensitization and mobilization for the public consultation began early during the reconnaissance stage and continued during inventory of assets and census of PAPs in all the project areas with potential adverse social impacts. Consultation at that stage focused on dialogue with community leaders, Community Development Councils, MDAs and focus group discussion with PAPs. Consultation with stakeholders at this stage was also a medium to notify and invite them to the planned community-wide consultation.

Public notification advertised in the Tide and Sun Newspapers on the 1st and 3rd May, 2013 respectively was also used to target a wider reach of people in addition to radio jingle aired in the local language-“Pigeon English”, notifying the public on the need for the public consultation which held at the premises of the Rivers State Water Corporation Headquarters, Rumuola on May 4th, 2013.

10.5 Scope of the Consultation Meeting

The following were taken into full account:

 That the project will be a massive rehabilitation of water facilities in the two (2) LGAs and due to the magnitude of the project, there will be foreseeable environmental and social impacts, especially on both the people and structures on the “Right of Way”.  That the project aims at impacting more positively to the environment and social conditions, and will devise suitable, practicable mitigation measures through an ESMP to reduce or eliminate negative impacts.  That positive impact of sub-project activities will be enhanced.  The priority concerns raised by project-affected persons (PAPs) and other relevant stakeholders are taken into account and incorporated in project planning.

10.6 Consultation Agenda and Outline

1) The outline/agenda of the consultation is as follows: 2) Introduction of Stakeholders 3) Overview of the Public Consultation 4) Opening Remarks by the Permanent Secretary MWRRD 5) Project Overview Brief - MWRRD

a. Pipeline Rehabilitation and Expansion Project by- MWRRD b. Presentation and description of Safeguards Issues by Hospitalia

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Consultaire c. Questions, Comments and Remarks by other stakeholders

6) Photographs

7) Closing Remarks

10.7 Major Concerns and Conclusions of the Public Consultation

The concerns raised by the stakeholders during the Public consultation, and responses provided by the proponent and the Consultant have been summarized and presented in table 10.1.

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Table10.1: Concerns, Comments and Responses

S/N Questions, Comments Responses 1. Were the people involved in the project design? Yes, the people were and are being carried along. Environment and Social Impact How will the government take care of the physical structures that will Assessment (ESIA) public consultation is to ensure that the people fully participate in the be affected? process before implementation. 2. Who is providing the water and its sustainability? The government is providing the potable water. Free social development are not What system is in place to manage the big wigs in the water business sustainable; sustainable water will enhance the quality of life and the people should pay in the 2 LGAs? for it as it will reduce cases of water-borne diseases. What is the difference between this project and the existing water kiosks that sell water?

3. Why is Port-Harcourt and Obio-Akpor chosen and not the rural Port-Harcourt and Obio-Akpor have an advantage because this project was designed communities? for a city that is why PHWC was set-up and some rural areas like Gokana already have What is the sustainability plan for this project? water projects designed for them. 4. Will the displaced people be compensated? During the baseline survey, it was noted that in most cases structures will not be destroyed. But according to best practices, all assets owners directly affected will be compensated. 5. Appeal to stakeholders to accept the project for growth and Noted development and accommodate the impact of the project. 6. What alternative plan is there for water hawkers since its a means The benefits of getting potable water far out-weighs the money gotten from selling of livelihood? poisonous water as diseases such as thyphoid, cholera etc will be drastically reduced. They people should look for alternative means of livelihood. 7. Why is the government not thinking of renovating the old water The old facilities will be rehabilitated not discarded but upgraded and new ones will be facilities but embarking on new water projects? put in place. Why keep patching old clothes when you can afford a new one. 8. Was a baseline conducted? Yes, in the course of the design in 2009-2011, about two and a half years ago, the design looked at issues around piping. For example, the lines hits the railway at St. John’s and had to be diverted in the course of the design, Elekehia community has areas where piping cannot be easily done because some houses are on the road. 9. What plans are in place to take care of PHCN facilities (cables, PHCN is a service provider like the PHWC and consultations will be made with them poles, pipes etc)? that public service will not be disrupted. 10. Environmental & Social Management Plan (ESMP) will require Noted wider campaigns in terms of social field works beyond public consultation to forestall hostility during project implementation and local laws should be considered. ESMP should be fixed by the consultants according to best practice. 11. What consideration is given to the physically challenged people in Yes, the physically challenged are considered in the design even though in Nigeria, the project design; is it with preferences or not? most times the physically challenged are not being considered in boarding flights,

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

S/N Questions, Comments Responses buses etc. 12. If the water we drink now is pure poison, then what is NAFDAC NAFDAC will respond to that. However, anything goes here in Nigeria, even when doing? NAFDAC gives the number, what is the guarantee that water is being produced according to standards. 13. What measures are there for the displaced people during the project implementation? 14. What is the billing system? It is not going to be advanced billing like the PHCN; Pre-paid metres will be installed. It is the water you consume, you will pay for. 15. Is the period of construction appropriate with the on-set of the Environmental & Social Management Plan (ESMP) will take cognizance of that. rains? 16. The best technology in drilling for piping should be used to reduce We hope that such a process will not make water very expensive? The maintenance phase environmental impact. should also be considered too. 17. How will CSOs be carried along in sensitizing the general public? That is the reason why CSOs, NGOs, CBOs are invited to the public consultation. To understand the project and help in educating the public 18. What will be the fate of the project? Will it take the course of such It will not be abandoned since it will be paid for, it will be sustainable. other laudable projects that were abandoned? 19. Are there plans to involve community members to empower them Employment generation is part of the benefits- there will be people who will do manual economically during the implementation? jobs, laying of pipes etc. And recommendations to that effect will be included in the ESP. 20. Is consideration given to expanding the Borokiri pump station That will be considered. owing to the population in that axis?

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REFERENCES

African Development Bank (2001), Handbook on Stakeholder Consultation and Participation in ADB Operations, Environment and Sustainable Development Unit (OESU).

African Development Bank (2003), Involuntary Resettlement Policy. PSDU African Development

Bank (2004), Environmental Policy. PSDU

African Development Bank (2007), The African Development Bank and the Water and Sanitation Sector

African Development Bank (February 2004), African Development Bank Group’s Policy on the Environment. PSDU

African Development Bank (June 2001), Environmental and Social Assessment Procedures for African Development Bank’s Public Sector Operations

Arcus GIBB Engineering and Science (November 2009) GPHDA Report on Preliminary Design

Cernea, M.M. (1998) Involuntary Resettlement in Development Projects Policy Guidelines in World

Bank-Financed Projects. World Bank Technical Paper Number 80 [online] Available at

[2 July 2011]

Federal Ministry of Water Resources (FMoWR). 2006. Water Resources Strategy Document. Federal

Ministry of Water Resources (With Stakeholders Input) (March 2004) National

Federal Ministry of Water Resources. Dept of Supply and Quality Control; National Water Supply and Sanitation Policy First Edition, January 2000.

Federal Republic of Nigeria – Federal Ministry of Water Resources (January, 2000), National Water

Supply and Sanitation Policy, Nigeria

Greater Port Harcourt City Development Authority (GPHCDA) (October 2008), Master Plan

67 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Handbook for Preparing a Resettlement Action Plan [email protected]

International Finance Corporation (IFC), Handbook for preparing a Resettlement Action Plan. Land

Use Act (1978), Federal Republic of Nigeria.

National Population commission (2006) 2006 Census Priority Tables [online] Available at www.population.gov.ng> [15 May 2011]

NUWSRP (2004), Resettlement Policy Framework

NUWSRP (2006 and 2009), RAP Report for Enugu and Cross River State

World Bank (2001), Operational Policies: Involuntary Resettlement OP.4.12 and Annex. World Bank

(2000), Resettlement and Rehabilitation Guidebook, Washington DC

World Bank (2004), The Little Green Data Book, from the World Development Indicators, 2004

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Abbreviated Resettlement Action Plan for Water & Sanitation Project for Port Harcourt and Obio/A

ANNEXURE

Report Resettlement Action Plan (RAP)

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Annex 1- Minutes of the Public Consultation

Consultation opening:

Opening:

A number of participants were seated at 10.32am, but official activities for the day started with registration of guests at about 11:03am. A brief opening courtesy facilitated by the Resettlement Expert from Hospitalia Consultaire, at 12:35pm initiated the kick-off of key activities. All guests and participants were welcomed to the event and apologized for the little delay in the program start-off time which was explained to be due to the Rivers State environmental sanitation exercise which was also on the same day. Opening prayer said by the Acting Director of the Port-Harcourt Water Corporation closely followed this. Shortly thereafter, some dignitaries present were recognized and ushered to sit at the “high table” which consisted of the Hon. Commissioner of Rivers State Ministry of Water Resources and Rural Development, ably represented by the Permanent Secretary of Water Resources; the Acting Managing Director of Port-Harcourt Water Corporation; and also Managing Director of Hospitalia Consultaire (Lead Consultant for the ESIA and RAP). Other dignitaries in attendance were the Special Adviser to Port-Harcourt LGA, Women leaders, Youth leaders, Representatives of Port-Harcourt and Obio-Akpor LGAs, CSOs, MDAs, the Press etc. There was a brief self-introduction of participants at the event and the Permanent Secretary of Water Resources facilitated this.

Attendance:

There was a total of 103 persons consisting of the representatives from the Ministries of Environment, Works, Water Resources and Rural Development, Women leaders, Youth leaders, Community members, Representatives of Port-Harcourt and Obio-Akpor LGAs, CSOs, MDAs, the Press etc.

Opening Remarks:

The opening remark was made by the Permanent Secretary Rivers State Water Resources and Rural Development (MWRRD), who apologised for the in- attendance of the Hon. Commissioner of Rivers State Ministry of Water Resources and Rural Development. He stated that the Port-Harcourt and Obio-Akpor water supply and sanitation project is a holistic water project that is co-funded by the African Development Bank and the World

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Bank in collaboration with the Rivers State government. “In the past, it has being a patching system of water and sanitation provision” he noted and that the project will be a massive rehabilitation of water facilities in the two (2) LGAs and due to the magnitude of the project, there will be great environmental and social impact on both the people and structures on the “right of way”. He stressed that the essence of the public consultation was to educate and enlighten the people who are stakeholders of the project on the likely impacts as well as plan to enhance positive impacts and mitigate adverse impacts of the project before and during implementation. He further said that the consulting firm Hospitalia Consultaire Ltd will explain more on the plans to mitigate negative impacts and others issues therewith on the project. He urged participants to carry the message received at the forum to their communities’ members for buy-in so that the project will not be obstructed during implementation and ensure that maximum cooperation is given the project as an appreciation to the Rivers state government and the co-sponsors; African Development Bank and the World Bank. He welcomed all again on behalf of the Hon. Commissioner.

Overview of the Public Consultation

The Resettlement Expert from Hospitalia Consultiare, gave an insight to what the public consultation on environmental and social impact assessment and resettlement action plan on Port-Harcourt and Obio-Akpor water supply and sanitation project was. He pointed out that public consultation is required according to the Nigeria legal framework and the development partners’ policies in executing project like this one. He referred to the EIA Act No.86, 1992 and other relevant policies of the African Development Bank and the World Bank to be one of those policies that specifically call for such public consultation. He stressed that to bring good governance to the people doorsteps and create awareness about development projects, stakeholders need to make inputs by expressing their concerns, opinions and ensures that certain risks are addressed and mainstreamed in the project design. An approach, he called the “Bottom-Top” approach. In his words, “people ask for snail but are given snake”, though they sound alike but are not the same. As such, stakeholder’s inputs are important and are highly valued. He implored all stakeholders to engage themselves meaningfully in the discussion session to ensure sustainable development, which is what the consultation forum seeks to achieve.

The Project Overview

a) Pipeline Rehabilitation and Expansion Project

According to the Acting Managing Director of Port- Harcourt Water Corporation, the specific objective of the Port-Harcourt and Obio-Akpor water supply and sanitation project was to give the people of the two (2) LGAs potable water. He noted that the Rumuola Water Station is the main hub of water supply in the city and that water is being pumped from other stations such as the Diobu station that pumps water to environs, Trans-Amadi feeds water to Rumuokrusi

71 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire etc. He acknowledged the fact that water supply in the city has being so inconsistent and that the new project which is extensive and expansive took into consideration structures and systems in place and has proffered ways to expand and sustain water supply in the next thirty (30) years. He stated that the public consultation is a fall-out of the engagement the Rivers state government had with the development partners. The scope of the project will involve rehabilitation and expansion of the existing eleven (11) boreholes to thirty-three (33) to comfortably accommodate the city’s growing population water need. During the project, overhead tanks (storage tanks) similar to those in Diobu pumping station will be built. He pointed out that pipes will be laid to major distribution centres that will in turn run water though distribution lines to streets; new areas like the Mgbuogba axis and Rumuokoro axis will be reached. Metres will be connected and consumers will pay a tariff to ensure sustainability. He further added that there will be public kiosks which will be operated with metres as is practiced in other parts of the world.

b) Description of Safeguard Issues

The Lead Consultant presented this session for the ESIA and RAP, Hospitalia Consultaire Ltd. He opened by saying that the Rivers state government has deemed it fit to embark on this laudable water supply and sanitation project to improve the quality of water supply services to the people. But in so doing, stakeholders need to be carried along in the entire process and not be unduly inconvenienced to ensure quality in service delivery. He stated that it would be unfair if the stakeholders “the true owners” of the projects do not understand and participate in the activities. He urged all to endeavour to participate fully. According to him, Environment and Social Impact Assessment (ESIA) looks at the project holistically from the design, construction through the project life. He stressed that since every project has impacts- be they positive or negative, Hospitalia Consultaire ensures that the people benefit from the good impact of the project while ensuring also how to mitigate the negative impact on the people and the environment. He pointed out that for any project to be executed there are laws that regulates its implementation as overseen by the Federal Ministry of Environment which ensures that project designs meets basic environmental safety and health standards.

He further noted that the African Development Bank and World Bank have safety standards that should be met in implementing projects they fund. They make sure that people are not

72 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire negatively impacted and inconvenienced unnecessary; always ensuring that the positive impacts outweighs the negative. The policies triggered in this project are the AfDB Operational Safeguards for Environmental and Social Assessment and Involuntary Resettlement; and the World Bank Operational Procedures OP 4.01(Environmental Assessment) and OP 4.12 (Involuntary Resettlement). Livelihood and gender issues are also of concern; this is because women as well as children and the physically challenged area impacted in implementation of development projects. The essence is to consult stakeholders to look at issues around safety and impact. He urged all to fully participate and said “no question is stupid”.

He further stressed that Environment and Social Impact Assessment (ESIA) is not just for fun, as it ensures that issues that concern the people are taken care of. It will be unfortunate if the next generation cannot live on the planet earth due to environment issues. He cited the erosion menace and management issues resulting from indiscriminate felling of trees and dumping of refuse in drainages. He created awareness on some other environmental issues and implored all to be environment sensitive. Further, he encouraged all stakeholders to follow through and ensure that the environmental management plan is implemented to the latter. “It is not good enough to do an ESIA and file a big document and not implement it” ESIA report when released will be in the local government secretariat, Water resources premises, AfDB and World Bank web portals and that stakeholders can access it or request for it to ensure full implementation. Finally, he urged all stakeholders to hold government accountable on the project implementation to meet the project design.

Questions, Comments and remarks by other stakeholders

S/N Questions, Comments Responses 1. Were the people involved in the project Yes, the people were and are being carried along. design? Environment and Social Impact Assessment (ESIA) public How will the government take care of the consultation is to ensure that the people fully participate in physical structures that will be affected? the process before implementation. 2. Who is providing the water and its The government is providing the potable water. Free social sustainability? development is not sustainable; sustainable water will What system is in place to manage the big enhance the quality of life and the people should pay for it wigs in the water business in the 2 LGAs? as it will reduce cases of water-borne diseases. What is the difference between this project and the existing water kiosks that sell water?

3. Why is Port-Harcourt and Obio-Akpor Port-Harcourt and Obio-Akpor have an advantage because chosen and not the rural communities? this project was designed for a city that is why PHWC was What is the sustainability plan for this set-up and some rural areas like Gokana already have project? water projects designed for them. 4. Will the displaced people be compensated? During the baseline survey, it was noted that in most cases structures will not be destroyed. But according to best practices, all assets owners directly affected will be compensated. 5. Appeal to stakeholders to accept the project Noted for growth and development and accommodate the impact of the project. 6. What alternative plan is there for water The benefits of getting potable water far out-weighs the hawkers since its a means of livelihood? money gotten from selling poisonous water as diseases such as thyphoid, cholera etc will be drastically reduced.

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They people should look for alternative means of livelihood. 7. Why is the government not thinking of The old facilities will be rehabilitated not discarded but renovating the old water facilities but upgraded and new ones will be put in place. Why keep embarking on new water projects? patching old clothes when you can afford a new one. 8. Was a baseline conducted? Yes, in the course of the design in 2009-2011, about two and a half years ago, the design looked at issues around piping. For example, the lines hits the railway at St. John’s and had to be diverted in the course of the design, Elekehia community has areas where piping can not be easily done because some houses are on the road. 9. What plans are in place to take care of PHCN is a service provider like the PHWC and PHCN facilities (cables, poles, pipes etc)? consultations will be made with them that public service will not be disrupted. 10. Environmental & Social Management Plan Noted (ESMP) will require wider campaigns in terms of social field works beyond public consultation to forestall hostility during project implementation and local laws should be considered. ESMP should be fixed by the consultants according to best practice. 11. What consideration is given to the Yes, the physically challenged are considered in the design physically challenged people in the project even though in Nigeria, most times the physically design; is it with preferences or not? challenged are not being considered in boarding flights, buses etc. 12. If the water we drink now is pure poison, NAFDAC will respond to that. However, anything goes then what is NAFDAC doing? here in Nigeria, even when NAFDAC gives the number, what is the guarantee that water is being produced according to standards. 13. What measures are there for the displaced people during the project implementation? 14. What is the billing system? It is not going to be advanced billing like the PHCN; Pre- paid metres will be installed. It is the water you consume, you will pay for. 15. Is the period of construction appropriate Environmental & Social Management Plan (ESMP) will with the on-set of the rains? take cognizance of that. 16. The best technology in drilling for piping We hope that such a process will not make water very should be used to reduce environmental expensive? The maintenance phase should also be impact. considered too. 17. How will CSOs be carried along in That is the reason why CSOs, NGOs, CBOs are invited to sensitising the general public? the public consultation. 18. What will be the fate of the project? Will it It will not be abandoned since it will be paid for, it will be take the course of such other laudable sustainable. projects that were abandoned? 19. Are there plans to involve community Employment generation is part of the benefits- there will members to empower them economically be people who will do manual jobs, laying of pipes etc. during the implementation? And recommendations to that effect will be included in the ESP. 20. Is consideration given to expanding the That will be considered. Borokiri pump station owing to the population in that axis?

Vote of thanks

The Lead ESIA Consultant gave the vote of thanks. On behalf of Hospitalia Consultaire’s ESIA and RAP teams and all working with them in Port-Harcourt, he thanked all stakeholders

74 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire present and said that their in-attendance at the meeting would have hampered the success of the public consultation. He said that the profit from the exercise is beyond monetary value and that stakeholders should look at the exceeding benefits of the project. He specially wished the participants from Abuja God’s blessing back to Abuja.

Closing Remarks

The Permanent Secretary Rivers State Water Resources and Rural Development (MWRRD) said the Closing remarks. On behalf of the Hon. Commissioner of Rivers State Ministry of Water Resources and Rural Development, and the ministry, he thanked all for honouring the invitation. He commended all for active participation and said that it was clear from feedbacks received during the sessions that the importance of the public consultation has been achieved. He further urged all to serve as vehicles to spread the good news about the water supply and sanitation project in Port Harcourt and Obio-Akpor LGAs. He used the opportunity to state that it is worthy of note that Gokana LGA; Terebor will benefit from the World Bank investment in water supply and sanitation provision. These projects are dear to Rivers State government, and just like Rome was not built in a day but its foundation were set in a day, we hope this laudable project will spread to other parts of the state.

He expressed profound thanks to the development partners; African Development Bank and the World Bank, the consultants, Hospitalia Consultaire Ltd, CSOs, NGOs, CBOs and all in attendance. “May the good Lord take you all back to your destinations safely”, he concluded.

The session came to an end with a closing prayer and a photograph session at 02:55pm

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Annex 2: Stakeholder Attendance from Public Consultation

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Annex 3: Socio-Economic Inventory Instrument For Project Affected Persons (PAPS)

Brief Introduction of project by personnel

SECTION A. IDENTIFICATION Identification Number:…………………. Questionnaire administration from point of Right of Way please tick (a) Left side……. (b) Right side……………. 3) Town/Location of Interview: …………………………………………………………………. 4) Name and Signature of Interviewer: …………………………………………………………… 5) Name and Signature of Supervisor: ……………………………………………………………. 6) Date and Time Interview took place……………………………………………………………

SECTION B: SOCIOECONOMIC ATTRIBUTES

7) Name of PAP ……………………………………………………

8) Gender of PAP (M)…… (F)……

9) Age of PAP ………………………..

10 A) Contact /House Address of PAP …………………………………………………………………………………………..

…………………………………………………………………………………………… 10 B) Phone Number/Contact…………………………………………………………………..

11) Religion (Christian)…… (Moslem)…… (Traditional)…… (Others)….. (Please Tick One) 12) Marital Status (Single)… (Married)… (Divorced)… (Widow/Widower)… (Please Tick One)

13) Number of wives …………………………

14) How long have you lived in this community …………………………..

15) How many persons live in your Household (i.e. Eat from the same pot)…………

16) How many persons in your house hold fall into the following age categories?

84 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

CATEGORIES MALE FEMALE TOTAL 0-4yrs 5-9yrs 10-14yrs 15-19 20-24yrs 25-29yrs 30-34 yrs 35+ Total

17) What is your highest educational qualification? (a) None … (b) FSLC … (c) WASC/SSCE (d) TCII/OND (e) HND/Degree … (f) M.Sc/PhD …

18) . How many members of your household fall under the following educational categories? CATEGORIES MALE FEMALE TOTAL Primary School (attempted/still attending) Primary School-Completed (Living Certificate) Secondary School (attempted/still attending) Secondary School-Completed (O’Levels) Tertiary Institution (attempted/ still attending) Tertiary Institution (Completed) Total

19). What are your Main and Secondary Occupations? CATEGORIES OCCUPATION MAIN SECONDARY Farming Fishing Craft making Trading Self-employment different from trading Civil service Company employment Housewife Others (specify)

85 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

20) What is your Daily Income? a) N100 –N500……b) N 600- N1000…….c) N 1100- N2400……d) N 2500 and above…

SECTION D FOR AFFECTED STRUCTURES/PAPs ONLY

22). Type of affected structure (i) Movable…… (ii) Immovable……………… (Please Tick One)

23) Identity of Affected Asset/Structure (a.) Barren Land…… (b) Farm land … (c) House…..(d) Fence…… (e) Shop…..(f) others, Please state) ……………………………………………….....

24). For Structure/House: What type (s) of roofing materials were used for the affected structure? (Please Tick the one (s) applicable (a) Sod …. (b) Bamboo /palm… (c) Wood /planks… (d) Asbestos… (e) Corrugated iron sheets … (f) Aluminum…… (g) others (Pls state) ……………………………………………….....

25). What is the material of the floor of the Affected Structure? (Please Tick One) a.) Cement…… (b) Mud … (c) Tiles….. (d) Wood…… (e) others, pls state) …………………………

26) Size of land/structure affected in meter……………………………………………………………………..

27) State the prevailing use of the land/structure…………………………………………………………

28). Condition of Affected Structure: To be ticked or completed by the enumerator

AFFECTED CONDITION OF AFFECTED STRUCTURE STRUCTURE NAME VERY GOOD GOOD AVERAGE POOR VERY POOR

29). How many rooms are in the Affected Structure? ...... (State number in Figures)

30). Who owns the affected structure? (Please Tick One) (a) Personal………… (b) Landlord…… (c) Company ……(d) Local Govt………………… (e) State Govt……….. (f) Federal Govt…………..(g) Others (Pls Specify)………………… 31). If rented, how much do you pay annually? …………………

86 Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

FOR BUSINESS PREMISES LOSS OF MAN HOUR 32) What category does the business fall under? (a) Small scale (b) Medium scale (c) Large scale

33) What is your average daily income /sale? …………………………………………………………..

34). How long has the affected structure been in this location? ……………………………………….

35). How many days in the week do you operate your business? ……………………………………….

36) What implication will relocating have on your business? (i)…………………………………………………………………………………… (ii)…………………………………………………………………………………. (iii)………………………………………………………………………………………

37) How do you think this impact can be minimized? (i)…………………………………………………………………………………… (ii)………………………………………………………………………………….

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Annex 4: Monitoring Indicator For The Performance of RAP Income Restoration

NAME OF MONITORING OFFICER: NAME OF PAP: TYPE OF IMPACT CAUSED TO PAP BY PROJECT: Choice made by PAP between cash and in-kind compensation: Proposed Use of Payments: Date of Monitoring:

Indicators Baseline Status New Status (Date) Comment (date) Income of PAP Occupation of PAP Number of grievances and time and quality of resolution Skill acquisition/training Assistance received from Project Number of Children Number of children in school Type of place of dwelling Ownership of shop/structure? Value of Stock Turnover Condition of affected structure/Asset

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Annex 5: Terms of Reference (TOR) For PAPs

BACKGROUND:

The Rivers State Government and the Federal Government of Nigeria are implementing a Water Supply and Sanitation Project with support from the African Development Bank and the World Bank. The project aims to provide water and sanitation services for the population of Port Harcourt and Obio/Akpor Local Government Areas (LGAs), and is part of a sector wide institutional reform embarked on by the Rivers State Government.

The current population in the targeted project area is 1.3 million, rapidly increasing, and expected to reach 4 million by 2040. Currently, Port Harcourt citizens do not benefit from any water services of acceptable quantity, quality or reliable standards, as the water system is considered to be largely non- functional.

Until recently, water services have been managed by the Rivers State Water Board (RSWB). Since 1998 this institution has been in crisis when its governing board was dissolved and has only had acting general managers since, and water supply service has declined rapidly over the last 10 years. Since 2006 the State partly rehabilitated and restarted operations under direct control by the Ministry of Water Resources and Rural Development (MWRRD). This restored some very basic level of water provision to the city of Port Harcourt. Yet, Port Harcourt has only 3,600 customer connections and none of them are paying for the water received. Operations of the Water Board are met from Government budget and is costing the State around US$3.85 million a year. Water production, supply, and billing collection are not known to the RSWB. As a result, the population obtains water from a combination of private boreholes/shallow wells (directly in their household or bought through intermediate vendors) and water sachets, with varying quality, costs and availability.

On sanitation, most households in Port Harcourt and Obio/Akpor are served by toilets with on-site septic tanks, while most public centres such as markets and lorry parks lack adequate facilities.

AfDB is currently implementing two urban water and sanitation projects in Nigeria, and the World Bank is currently implementing three urban water projects being in Nigeria (NUWRSP1, NUWRSP2, and PSP) addressing needs in several states. While the individual projects have several components, they all involve civil works encompassing primarily rehabilitation of treatment plant(s) and transmission line(s); service area network rehabilitation and metering; and network expansion. These civil works raise environmental and social safeguards concerns that are being addressed through the following instruments: an Environmental and Social Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP) and An Abbreviated Resettlement Action Plan (ARAP).

GENERAL OBJECTIVES:

The project aims to: (i) Improve access to safe water supply and public sanitation services in the Port

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Harcourt and Obio/Apkor Local Government Areas, through rehabilitation and extension of the existing water infrastructure and construction of public sanitation facilities; and (ii) Establish sound performance and long-term financial viability of the Port Harcourt Water Corporation to ensure sustainability of services provision.

SPECIFIC OBJECTIVES:

The specific objective is for the Consultant to assist Rivers State to undertake the necessary studies and prepare an Environmental and Social Impact Assessment Report and a Resettlement & Compensation Plan of the proposed project in compliance with the African Development Bank and the World Bank environmental, social and water sector policies and procedures as well as the Federal Ministry of Environment and State Ministry of Environment guidelines and procedures.

This Terms of Reference (TOR) is to request a consultant with extensive experience and skill in the preparation of Environmental and Social Impact Assessment Study Report and Resettlement & Compensation Plan for Urban Water Supply and Sanitation Projects. The Terms of Reference (TOR) define the scope of work and core tasks to be assigned to the Consultant.

STUDY AREA:

The Study area for the assessment shall generally cover the two LGAs of Port Harcourt and Obio/Akpor. The Consultant is expected to make reference to the feasibility study, designs and masterplan of the water supply and sanitation from the State Ministry of Water Resources. From the study documents the assessment shall include the following;

 Project site(s) including all project components;  Area beyond the project sites (s) which could potentially affect or be affected by the project (justification should be given on determination of the impact area).

In general, an urban water supply layout includes the following components:

 intake (wells, storage reservoirs);  treatment (e.g. metal removal, disinfection, desalination);  storage of the treated water;  transmission system (long-distance supply facilities);  distribution system (piped network);  wastewater installations (collection, treatment, disposal).

SCOPE OF WORK:

The general scope of the project includes: (i) Rehabilitation and augmentation of water production and treatment systems, (ii) rehabilitation, extension of water transmission and distribution networks, (iii) installation of customer and bulk meters; (iv) construction of improved sanitation facilities for markets, motor parks and other public places. The sanitation facilities at markets and motor parks may include biogas production and safe recycling from the onsite septic tank based systems

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

contributing to Climate Change mitigation; v) Environmental protection infrastructure and establishment of buffer zone at Rumuola well-fields.

RESETTLEMENT AND COMPENSATION ACTION PLAN

In the course of project implementation, there is the possibility that the rehabilitation and extension of existing water infrastructure and construction of public sanitation facilities could lead to loss of land or restriction of access to sources of livelihood. When this happens, the Involuntary Resettlement Policy (OP 4.12) of the World Bank and AfDB would be triggered.

The primary objective of a Resettlement and Compensation Action Plan is to restore persons affected by the project to a condition equal to or better than the pre-subproject situation. For projects that involve the displacement of 200 people or more, a full Resettlement Action Plan (RAP) is required. For projects that involve fewer than 200 people, an Abbreviated Resettlement Action Plan (ARAP) is required.

In preparing the RAP/ARAP, the consultant will: a) Review relevant Nigerian law and procedures regarding land taking and compensation as well as resettlement; b) Review Resettlement Plans prepared for other AfDB and World Bank urban water projects in Nigeria (e.g. National Urban Water Projects, Second National Urban Water Sector Reform Project (NUWSRP2), c) Undertake a reconnaissance field survey in the selected states/local government areas where sub- projects are proposed. d) Consult with appropriate ministries: Water resources, Environment, Works, Women Affairs, Health, Education, etc. e) Consult with persons to be potentially affected by sub-projects works (consultation should look at gender division of labor, etc).

PART C: CONTENTS OF AN (ABBREVATED) RESETTLEMENT ACTION PLAN

The Resettlement Action Plan (RAP) will cover the following elements: a) Review the Urban water Resettlement Action Plan reports, and get familiar with their objectives, content and procedures. b) Review the engineering designs and tender documents for the planned investments, and familiarize with the scope, locations and details of the planned works.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

c) Describe and evaluate the current environmental and social situation of Port Harcourt and Obio/Akpor Local Government Areas; d) Review the following background materials - Nigeria Land Use Act of 1978; World Bank; Handbook for Preparing Resettlement Action Plan; World Bank Safeguards Policy on Involuntary Resettlement (OP 4.12). e) Identify sub-project sites that would be impacted as a result of the civil works; f) Undertake a survey of the various sites for the planned civil works and identify potential areas and persons affected by project activities; g) Summary of census and socio-economic survey of displaced persons and assets; h) Description of compensation and other resettlement assistance to be provided  Development of an entitlement matrix  Description of institutional responsibility for implementation and procedures for grievance mechanism

The Abbreviated Resettlement Action Plan (ARAP) shall include, but not be limited to the following:  Introduction  A census/socio-economic survey of displaced persons and valuation of assets.  Description of compensation and other resettlement assistance to be provided.  Consultations with displaced people about acceptable alternatives.  Institutional responsibility for implementation and procedures for grievance redress  Arrangements for monitoring and implementation, and  A timetable and budget  Annexes o List of persons met o Summary of consultations

TIMETABLE AND MILESTONE FOR ASSIGNMENT:

The assignment shall be completed within six (6) weeks after kick off meeting. The Consultant shall deploy professional staff as required to complete the assignment on schedule including the team leader and other key experts indicated above.

A kick off meeting with the Consultant is proposed within the last week of March 2013 and the assignment will commence immediately thereafter. Prior to this kick off meeting all relevant documents shall be presented to the Consultant.

EXPERTISE REQUIRED:

The consultant will propose a team that has:

 Experience with, and a professional/technical background appropriate for understanding both the environmental and social management implications of water supply and sanitation projects, especially in urban areas, including their design, construction, operation and monitoring.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

 At least three (3) years experience in practical safeguards, social and environmental management with demonstrated proficiency in the preparation, review, and approval of EAs/EMPs and RPFs/RAPs to meet World Bank standards and the African Development Bank safeguards policies.  Excellent analytical, communication and writing skills. .

The Consultant is expected to have detailed knowledge and understanding of the operations of the Ministry of Water Resources and the water and sanitation sector policy especially in relation to donor funding, and extensive experience in such assignments involving project and program design for fund acquisition from Development Partners.

The team must be led by an expert with at least 10 years of involvement in the sector and with key training or qualification in water and sanitation engineering, hydrogeology or environmental and social sciences, or other similar qualification.

The team must, at a minimum, include the following key areas of expertise for the effective execution of the assignment: a. Environmental Expert

An Environmental expert with a University Degree in Environmental Science or related discipline and at least 10 years of professional experience in undertaking assignments of similar nature. b. Resettlement / Social Expert

A Resettlement Expert with a University Degree in Social Sciences or related discipline and at least 7 years of professional experience in undertaking assignments of similar nature.

c. Valuation Expert

A registered Land and Asset Valuer with a University Degree in Land Economics / Valuation or related discipline and at least 7 years professional experience in undertaking assignments of similar nature. d. Water and Sanitation Engineering Expert

A professional Water and Sanitation Engineer or Water Resources Expert with University degree in Water and Sanitation Engineering and at least 10 years of relevant and extensive experience in undertaking similar assignments.

e. Hydrogeology Expert

A hydrogeology/ hydrology expert with at least 10 years of relevant and extensive experience in undertaking hydrogeology/ hydrology assessments.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

FACILITIES TO BE PROVIDED BY THE CLIENT:

The Client will provide the feasibility and design reports and previous studies undertaken in the sector especially the Baseline Survey, Feasibility Study and Engineering Design Report on the Water Supply Project for Port Harcourt and Obio/Akpor Local Government Areas.

REPORTING REQUIREMENTS:

The Consultant shall report to the Rivers State Ministry of Water Resources and Rural Development (RSMWRRD) Project Manager and Environmentalist and shall be required to prepare and submit the following reports;

i. The Draft Final ESIA, ESMP and RAP reports shall be presented within six (6) weeks after kick off meeting in two (6) hardcopies and one (1) electronic copy. ii. RSMWR RD and the development partners shall present its comments on the draft final ESIA, ESMP and RAP report within two (2) weeks after report submission. iii. The Final ESIA, ESMP and RAP reports shall be presented within 9 weeks after kick off meeting in ten (10) hardcopies and one (1) electronic copy.

Resettlement Action Plan for the Port Harcourt and ObioAkpor Water Supply and Sanitation Project Hospitalia Consultaire

Annex 6 List of RAP Preparation Team

O. A. Anyadiegwu Environmental Specialist (Lead Consultant) O. C. Nwuju Resettlement Specialist V.C Nwachukwu Public Health Specialist C. M. Emenike Project Management Specialist D. O. Okongwu Data Analyst M.O. Okpara Quantity Surveyor