Resettlement Policy Framework (RPF)
Public Disclosure Authorized
FOR
Rural Access and Mobility Project II (RAMP II)
IN
Public Disclosure Authorized Adamawa, Enugu, Niger and Osun States
BY
Federal Project Management Unit (FPMU) Federal Ministry of Agriculture and Rural Development NAIC House, Plot 590, Zone AO, Airport Road, Central Area, Abuja Telephone: 09-872605 Public Disclosure Authorized
Prepared By
Earthguards Limited: Sustainable Development Consultants Suite 45 (3rd Floor), God’s Own Plaza, 4 Takum Close, Area 11 Garki, F.C.T. Abuja Tel: +234 (09) 8707469, +234 - 8033740948, Email:; [email protected], [email protected] Website: www.earthguards.net
Updated by
Joseph C. OKEIBUNOR, PhD
Public Disclosure Authorized Department of Sociology/Anthropology University of Nigeria, Nsukka [email protected] +234 806 32907671
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ACKNOWLEDGEMENT
We are grateful to the following persons and organizations for their cooperation, contributions and assistance towards the successful execution of this assignment . The World Bank and French Development Agency teams, for making available the necessary financial requirements for the success of this assignment . The National Coordinator Nigeria RAMP II and his staff for the logistic support we received in the execution of this assignment . The State Coordinators in Adamawa, Enugu, Niger and Osun for giving us their valuable time and audience and arranging very successful consultation meetings irrespective of the short notices we gave on each occasion we visited the states. The support of their staff is also acknowledged and highly appreciated. We continued to call on them for additional materials long after we left their States and they obliged us without a grudge . The Hon. Commissioners of the relevant MDAs we consulted with during the execution of this assignment for their support . Community members provided important information and contributed to the success of the mission . Last but not least immense gratitude to staff for tirelessly working on making the document a success. William Opare, all the way in Ghana helped with the development of the maps. His contributions are deeply appreciated
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TABLE OF CONTENT
ACKNOWLEDGEMENT ...... I TABLE OF CONTENT ...... II LIST OF TABLES ...... V LIST OF FIGURES ...... VI LIST OF MAPS ...... VII LIST OF BOXES ...... VIII LIST OF ANNEXES ...... IX LIST OF ACRONYMS ...... X DEFINITIONS OF KEY TERMS ...... XII EXECUTIVE SUMMARY ...... XIV 1.0: GENERAL INTRODUCTION ...... 1
1.1 PROJECT BACKGROUND ...... 1 1.2 OBJECTIVE OF RAMP II ...... 4 1.3 PRINCIPLES AND OBJECTIVES OF WORLD BANK’S RESETTLEMENT POLICY ...... 4 1.4 THE NEED FOR RAMP II RPF ...... 7 1.5 JUSTIFICATION FOR THE RFP ...... 7 1.6 SCOPE OF THE RPF ...... 8 1.7 RAMP II AND THE PRINCIPLE OF INVOLUNTARY RESETTLEMENT ...... 9 1.8 RAMP II SUB-PROJECT IMPLEMENTATION PRINCIPLE ...... 10 2.0: METHODOLOGY FOR THE RPF PREPARATION ...... 11 2.1 REVIEW OF LITERATURE/EXISTING RPF ...... 11 2.2 STAKEHOLDERS/PUBLIC CONSULTATION ...... 11 2.2.1 Data Gathering and Reconnaissance Survey/visits to States ...... 11 2.2.2 Organizing and Integrating Data for Coherency- Putting It all Together...... 12 3.0: PROJECT DESCRIPTIONS ...... 13
3.1 PROJECT DESCRIPTION ...... 13 3.2 PROJECT LOCATION ...... 15 3.3 ROAD TRANSPORTATION ...... 17 3.4 POPULATION...... 19 2.5 SETTLEMENT PATTERNS AND SIZE DISTRIBUTION OF SETTLEMENTS ...... 19 3.6 ECONOMY ...... 19 3.7 SOCIAL CAPITAL ...... 20 3.8 CULTURAL RESOURCES ...... 20 3.9 SOCIAL STRUCTURE/TRENDS AND SOCIAL GROUPS ...... 20 3.10 RAMP II - A CATALYST FOR DEVELOPMENT AND GROWTH...... 22 3.11 POTENTIALLY AFFECTED PERSONS AND THE NUMBERS LIKELY TO BE INVOLVED ...... 22 3.11.1 Categories of Project Affected Persons (PAPs) ...... 22 3.11.2 Eligibility Criteria ...... 23 4.0: LEGAL/INSTITUTIONAL GUIDELINES, REQUIREMENTS AND SAFEGUARD POLICIES ...... 24 4.1 LAND OWNERSHIP IN NIGERIA ...... 24
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4.2 NIGERIAN LEGAL/INSTITUTIONAL GUIDELINES AND REQUIREMENTS ...... 26 4.2.1 Land Use Act of 1978 and Resettlement Procedures ...... 26 4.2.2 Forestry Act ...... 29 4.2.3 National Environmental Regulations, S.I 27 of 2009, ...... 29 4.3 INTERNATIONAL GUIDELINES ...... 29 4.3.1 WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT (OP.4.12) AND RAMP II PROJECT ...... 30 4.3.2 Interim Guidelines for Addressing Legacy Issues in World Bank Projects, 2009 ...... 30 4.4 NIGERIAN LAW AND WORLD BANK OP 4.12 ON COMPENSATION– A COMPARISON ...... 31 4.5 METHODS OF VALUING AFFECTED ASSETS...... 33 5.0: POTENTIAL IMPACTS OF THE PROJECT ...... 36 5.1 PROJECT IMPACT ...... 36 5.1.1 Identification and Categorization of Loss and Impact ...... 36 5.2 PROJECT AFFECTED PERSONS (PAPS) ...... 36 5.2.1 Squatters/Other Land Occupiers ...... 37 5.2.2 Project Affected Persons Categories ...... 38 5.3 APPROXIMATE NUMBER OF PAPS AND POTENTIAL RELOCATION AREAS ...... 40 5.4 RISKS TO THE SUCCESS OF THE RAMP II PROJECT ...... 40 6.0: ORGANIZATIONAL PRINCIPLES AND RESPONSIBILITIES ...... 42 7.0: PREPARING AND APPROVING RESETTLEMENT AND COMPENSATION PLANS ...... 44
7.1 THE SCREENING PROCESS ...... 44 7.2 PREPARATION OF INDIVIDUAL RESETTLEMENT AND COMPENSATION PLANS...... 48 7.3 REVIEW AND SUBMISSION OF RAP/ARAP (RP) TO PROJECT AUTHORITIES ...... 49 8.0: ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF AFFECTED PERSONS ...... 50
8.1 ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF PROJECT AFFECTED PERSONS ...... 50 8.2 ELIGIBILITY ...... 50 8.3 CUT-OFF DATE ...... 51 8.4 PROOF OF ELIGIBILITY ...... 52 8.5 ELIGIBILITY FOR COMMUNITY COMPENSATION ...... 52 8.6 DEFINING ENTITLEMENTS AND PREPARING AN ENTITLEMENT MATRIX ...... 52 9.0: METHODS FOR VALUING ASSETS AND COMPENSATION ARRANGEMENT ...... 55
9.1 ORGANIZATION PROCEDURES FOR VALUATION OF ACQUIRED LAND ...... 55 9.2 STATE (URBAN AND NON URBAN) OWNED LAND ...... 55 9.2.1 Privately owned Land ...... 55 9.3 ASSETS HELD UNDER CUSTOMARY LAW ...... 55 9.4 METHOD OF VALUATION ...... 55 9.5 METHODS OF COMPENSATION ...... 57 9.6 ENTITLEMENT FOR COMPENSATION ...... 58 9.6.1 Arrangements for Compensation ...... 58 9.6.2 Community Compensation Payments ...... 59 9.7 PROCEDURES FOR DELIVERY OF COMPENSATION ...... 60 9.8 MECHANISM FOR VOLUNTARY DONATION OF LAND: PROCEDURE AND RECORDS ...... 60 10.0: GRIEVANCE MECHANISMS ...... 62 10.1 GRIEVANCE REDRESS MECHANISMS ...... 62 10.1.1 Grievance redress process ...... 63 10.1.2 Expectation When Grievances Arise ...... 63 10.1.3 Management of Reported Grievances ...... 64 10.1.4 Grievance Log ...... 65
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10.1.5 Monitoring Complaints ...... 65 11.0: IMPLEMENTATION SCHEDULE, LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS AND RPF IMPLEMENTATION BUDGET ...... 66 11.1 IMPORTANT PRINCIPLES IN PROJECT IMPLEMENTATION ...... 66 11.2 LINKING RAPS AND CIVIL WORKS ...... 67 11.3 IMPLEMENTATION PROCESS ...... 67 11.4 RPF AND RAP IMPLEMENTATION BUDGET ...... 68 11.4.1 Sources of Funding ...... 69 12.0 CONSULTATIONS AND STAKEHOLDER PARTICIPATION ...... 70
12.1 MECHANISM FOR CONSULTATION AND PARTICIPATION OF DISPLACED PERSONS ...... 70 12.2 RAMP II PUBLIC CONSULTATION FOR RPF PREPARATION AND OUTCOMES ...... 71 12.3 RAMP II STATES COMMONALTIES & DIFFERENCES ...... 72 12.4 OPPORTUNITIES FOR REFORM DURING PROJECTS ...... 73 12.5 IDENTIFYING STAKEHOLDERS ...... 73 13.0 INSTITUTIONAL FRAMEWORKS ...... 75
13.1 INSTITUTIONAL ARRANGEMENT ...... 75 13.2 PARTICIPATION AGREEMENT ...... 76 13.2.1 Coordination and Implementation of this RPF and other Resettlement Issues...... 76 13.2.2 State Level Institutions ...... 76 13.4 MEASURES FOR STRENGTHENING ORGANIZATIONAL CAPABILITY - CAPACITY BUILDING AND TRAINING ...... 81 14.0: INCOME RESTORATION STRATEGY ...... 85 14.1 REHABILITATION MEASURES ...... 85 14.2 INCOME CONSTRUCTION ACTIVITIES AND OTHER MEASURES...... 85 14.3 SPECIAL ASSISTANCE ...... 86 14.4 GENDER ISSUES IN RESETTLEMENT PLANS ...... 86 15.0 MONITORING AND EVALUATION ...... 87
15.1 PURPOSE OF M & E ...... 87 15.2 ARRANGEMENTS FOR MONITORING BY IMPLEMENTING AGENCY ...... 88 15.3 INTERNAL AND EXTERNAL MONITORING ...... 91 15.3.1 Internal Monitoring ...... 91 15.3.2 External Monitoring ...... 92 15.4 MONITORING AND EVALUATION INDICATORS ...... 92 15.5 STORAGE OF PAPS DETAILS ...... 93 15.6 COMPLETION AUDIT ...... 94 15.6.1 Annual audit ...... 94 15.7 SOCIO-ECONOMIC MONITORING ...... 94 15.8 DISCLOSURES OF SOCIAL SAFEGUARDS INSTRUMENTS ...... 95 BIBLIOGRAPHY ...... 96 ANNEXES ...... 98
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LIST OF TABLES
Table Page
3.1 Rural Access and Mobility Project 15 4.1 Comparison of Nigerian Law and World Bank OP4.12 regarding Compensation 31 4.2 The Entitlement Matrix for Various Categories of PAPs 32 5.1 Categories of Likely Losses/Impact 37 6.1 The Road Project Cycle Matrix 42 7.1 Sample of Possible sub Project that may be Proposed by the Communities and/or Farmer Groups that would trigger the Involuntary Resettlement Policy with Probable Social Impact 46 8.1 Eligibility Criteria for Compensation 51 8.2 Entitlement Matrix 53 9.1 Method of Valuation 56 12.1 PAPs Identification Matrix 73 13.1 Resettlement Activities and Responsible Party 80 13.2 Typical Training Programme on Capacity Building of Relevant Stakeholders 83 15.1 Monitoring Indicators 88 15.2 Resettlement and Compensation Performance Measurements Indicators 93
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LIST OF FIGURES
Figure Page
1: Typical Process for Resettlement Plans (RAP/ARAP) 45 2: Steps in Social Screening Process 47 3: Flowchart for Grievance Mechanism 65 4: A Process Flow Indicative of Approximate Timing of Some Resettlement Activities 68 5: Organogram of the PMU for Resettlement Management 77
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LIST OF MAPS
Maps Page
1: States in Nigeria RAMP II Project 15 2a: Enugu RAMP II LGA/Km 17 2b: Enugu RAMP II Roads 17 3a: Osun RAMP II LGA/Km 18 3b: Osun RAMP II Roads 18 4a: Niger RAMP II LGA/Km 18 4b: Niger RAMP II Roads 18 5a: Adamawa RAMP II LGA/Km 19 5b: Adamawa RAMP II Roads 19
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LIST OF BOXES
Box Page
1: Abbreviated Resettlement Plans (ARAP) 48 2: Full Resettlement Action Plans 48 3: Process Framework 48 4: Compensation Process Steps 58 5: Forms of Compensation 58
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LIST OF ANNEXES
Annex Page
1. Indicative Resettlement Screening Form 1a: Resettlement Screening Form 1b: Socio-Economic Census and Land Asset Inventory Form 1c: Land asset inventory for Project Affected People 1d: Affected Plot Sheet 1e: Affected Building Sheet 1f: Affected Household Sheet 1g: Survey Form for Affected Properties, Characteristics of Families and/or Businesses and Impacts Caused by Displacement 1h: Entitlements of Project Affected People – indicative 2: Indicative Outline Terms of Reference for Social Assessment (Working Draft) 3: Indicative Outlines of Resettlement Plans 3a: Indicative Outlines of Resettlement Plans 3b: An Outline of the Basic Element of a Resettlement Action Plan 4: Calculation of Compensation Rates 5: Grievance Redress Forms 5a. Sample Grievance Redress Form and Agreed Resolution Format 5b: Agreed Solutions Format 5c: Template of a Claim Registration and Follow-up Form 5d: Template of a Consultation Meeting Minute Form 6: Resettlement Schedule 7: Template Itemization of a RAP/ARAP Budget 8: Cost Estimates and Contingencies 9. RPF Preparation Stakeholder Consultations
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LIST OF ACRONYMS
ARAP Abbreviated Resettlement OM Operational Manual Action Plan OP Operational Policies (of BP Bank Policy the World Bank) BRT Bus Rapid Transit OSH Occupational Safety and CBO Community Based Health Organization PAP Project Affected Peoples CDD Community Driven PID Project Information Development Document CSO Community Support PIU Project Implementation Organizations Unit EA Environmental PMU Project Management Unit Assessment PPUD Physical Planning and EIA Environmental Impact Urban Development Assessment PWD Public Works Department EMP Environmental RAP Resettlement Action Plan Management Plan RP Resettlement Plans EPA Environmental Protection RPF Resettlement Policy Agency Framework ESMF Environmental and Social SA State Agency Management Framework STDs Sexually Transmitted FGN Federal Government of Diseases Nigeria TOR Terms of Reference FMENV Federal Ministry of URTI Upper Respiratory Tract Environment Infection HIV/AIDS Human Immuno- WB The World Bank deficiency Virus/ WHO World Health Acquired Immune Organization Deficiency Syndrome CO2 Carbon dioxide IDA International GIS Geographic Information Development Association System LB Land Bureau LGA Local Government Area CPS Country Partnership LVO Land Valuation Office Strategy MDAs Ministries, Departments DEFCZM Department of Erosion, & Agencies Flood and Coastal Zone MDG Millennium Development management Goals EIA Environmental Impact MOE State Ministry of Assessment Environment FMARD Federal Ministry of MoH State Ministry of Housing Agriculture and Rural NGO Non Governmental Development Organization FME Federal Ministry of the OD Operational Directives (of Environment the World Bank) FMW Federal Ministry of Works
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FMWR Federal Ministry of Water Resources SMU Site Management Unit FPMU Federal Project UNCBD United Nations Convention Management on Biological Diversity GEF Global Environment UNCCD United Nations Convention Facility to Combat Desertification GIS Geographic Information UNFCCC United Nations Framework System Convention on Climate GRASS Gully Rapid Action and Change Slope Stabilization IWRMC Integrated Water Resources UNITS OF MEASURE Management Commission ha Hectare LGA Local Government m Meter Authority m2 Square meter GRASS Gully Rapid Action and mm Millimeter Slope Stabilization km Kilometer LiDAR Light Detection and km2 Square kilometer Ranging t Ton LULC Land Use and Land Cover yr Year MDA Ministries, Departments and Agencies MTR Mid-Term Review NAPA National Adaptation Programme of Action NEMA National Emergency Management Agency NESREA National Environment Standards and Regulation Agency NEWMAP Nigeria Erosion and Watershed Management Project NIHSA Nigeria Hydrological Services Agency NIMET NPC National Planning Commission NWRI National Water resources Institute RPF Resettlement Policy Framework RAP Resettlement Action Plan RBDA River Basin Development Authority SEMA State Emergency Management Agencies
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DEFINITIONS OF KEY TERMS
Word/Term Definition Asset A complete count and description of all property that will be acquired. Inventory Bank World Bank Cut - off Date A day on and beyond which any person who occupies land or assets, or constructs assets on land, required for project use, will not be eligible for compensation. The date is often the day when the assessment of persons and their property in the project area commences Compensation Payment in cash or in kind of the replacement value of the acquired property. Displacement Removal of people from their land, homes, farms, etc. as a result of a project's activities. Displacement occurs during the involuntary taking of lands and from involuntary restriction or access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of PAPs. Entitlements Compensation and other forms of assistance provided to displaced persons in the respective eligibility category. Grievance The processes established under law, local regulations, or administrative Procedures decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement. Host Communities receiving resettled people as a result of involuntary Communities resettlement activities Land The process whereby a person is compelled by a public agency to alienate all Acquisition or part of the land he/she owns or possesses, to the ownership and possession of that agency, for public purpose in return for a consideration. Market rate Highest rate over the last five years based on commercial terms. Market Value The most probable selling price or the value most often sought by buyers and sellers. It assumes buyers and sellers have reasonable knowledge, act competitively and rationally are motivated by self interest to maximize satisfaction and both act independently and without collusion, fraud or misrepresentation. Project A person that loses assets and/or usage rights and/or income generation Affected capacities (e.g., land, structure, crops, businesses) because these Person (s) assets/rights/capacities are located inland to be acquired or used, for needs of the project. Not all PAPs are displaced due to the Project, but all are potentially affected in the maintenance of their livelihood. Rehabilitation the provision of development assistance in addition to compensation such as Assistance land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-Project levels Resettlement The present document which is the overall Policy Framework for Policy Compensation, Resettlement and Rehabilitation of Project Affected Persons Framework for the PPP. The Policy Framework describes the process and methods for Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page xii
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(RPF) carrying out resettlement under the Project, including compensation, relocation and rehabilitation of Project affectees. Resettlement The resettlement action plans prepared for specific micro-projects. Action Plan (RAP) Resettlement The measures taken to mitigate any and all adverse impacts of the Project on PAP's property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation “Special This refers to specials efforts provided to the vulnerable physically assistance” to challenged persons such as those with blindness, paralysis, difficulties with vulnerable locomotion, incapacity to work, etc who are ill prepared but displaced by the people project. The “special assistance” must be given by qualified persons/relatives/agencies who can help care for an invalid , providing transitional support (e.g. moving expenses, temporary food supply, etc.). Vulnerable People who may by virtue of gender, ethnicity, age, physical or mental Groups: disability, economic disadvantage or social status are more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits.
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EXECUTIVE SUMMARY
Introduction The Federal Ministry of Agriculture and Rural Development has received a Project Preparatory Advance (PPA) from the World Bank and a Project Preparatory Grant from the French Development Agency (AFD) towards the cost of the preparing the Second Rural Access and Mobility Project (RAMP II), and intends to apply part of the proceeds for Consultancy Services for the Recruitment of Social Expert for Part-time Technical Assistant to RAMP – FPMU. Enugu RAMP II is to support participating states to reduce vulnerability to RAMP II. The overall objective of the consultancy is “update the Project’s Resettlement Policy Framework (RPF).”
Project Description The project includes three components, namely: • Component 1: Rehabilitation of Rural and State Roads - This component would finance rehabilitation works for an indicative 200.45km of rural roads and state roads in Enugu states as well as the related design studies and external supervision activities. • Components 2: Roads Maintenance and Local Development – This components would finance road maintenance activities on rehabilitated roads and support state mechanisms for maintenance funding. The models to be use in the maintenance mechanism involve community-based approach to among others. • Components 3: Capacity Building and Project Administration – This components would finance Institutional Strengthening activities at state level as well as project administration costs.
The activities in Component 1 will involve The road works will include earthworks, laterite materials, construction of new pipe and box culverts as well as repairs and extension of existing culverts, which might cause involuntary resettlement thereby triggering the World Bank Resettlement Policy framework
Need for RPF The Resettlement Policy Framework (RPF) is designed to provide procedures and guidelines that would be followed because the World Bank’s OP 4.12 is triggered by the sub-project activities. Enugu RAMP II is still at the preparatory stage and the details of the sub-projects (volume, scope, scale and/or actual nature of activities, etc.) are not known. In a situation where all the details of the sub- project activities are not known, it is not possible to prepare a Resettlement Action Plan (RAP) or an Abbreviated Resettlement Plan (ARAP). The World Bank Operational Policy on Involuntary Resettlement (OP 4.12) therefore requires the development of a Resettlement Policy Framework (RPF).
The Resettlement policy framework clarifies resettlement principles, organizational arrangements and design criteria to be applied during project implementation. Sub-project resettlement plans consistent with the RPF will subsequently be submitted to the Bank for approval after specific planning information becomes available. It should be noted that the policy is designed to mitigate harm caused by displacement or land acquisition occurring in the process of Enugu RAMP II implementation. Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page xiv
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It is also important to note that the policy is not intended or designed to address “economic displacement” in itself. It is also not designed to mitigate damages caused by processes occurring prior to the RAMP II interventions of any particular sub-project. OP4.12 demands mitigation only when land is taken. There is no obligation, under Bank Policy, to replace assets lost to road construction or rehabilitation prior to or outside the context of the Bank-financed project. The policy does not prohibit compensation for other kinds of losses and damage such as loss of “customer goodwill” but such compensation is not required by OP4.12.
The RPF shall serve as a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs) for sub-projects during the implementation of the comprehensive Enugu RAMP II programme. It is vital to note that for each subproject supported under the Project that involves land acquisition or relocation of people, a separate Resettlement Action Plan (RAP) satisfactory to the Bank is required prior to signing a work order.
Project Location This RPF covers four States of the Federation, namely Adamawa, Enugu, Niger and Osun states, found in the Northwest, Southeast, North-central and Southwest geopolitical zones of the Nigeria respectively.
Legal Framework for Land Acquisition The legal framework for land acquisition in Nigeria is the land use Act of 1978, reviewed under Cap 202, 1990. The relevant World Bank operational policy (OP 4.12), which addresses land acquisition and involuntary resettlement was reviewed. The differences between the Land Use Act and the Bank’s OP 4.12 are mostly in rehabilitation measures, which are neither proscribed nor mandated in the Act. Thus it is noted in this RPF that in the event of divergence between the two, the World Bank safeguard policy shall take precedence over Nigeria Land Use Act.
Potential Impacts Positive and negative impacts on the targeted areas/communities are expected in the course of RAMP II implementation phase.
On the positive side, RAMP II targets the vulnerable and poor areas and people therein. It is designed to contribute to positive social outcomes relating, for example, to increased well-being, providing livelihood and food security for the overall populations in targeted areas and beyond. Specifically, the actual implementation of the project is substantial to achieve improved rural road network management and increased access to the rural settlements as well as the agricultural areas, local involvement in management and other economic opportunities, greater diversity in production and in farmers' income, development of partnerships with the private sector, increase in production, yield and farmers' income, increase in vegetation cover in erosion affected targeted areas (hectares, km), improved institutional capacity for land use planning, monitoring, and outreach and functional monitoring and evaluation system linked with federal and state systems.
The World Bank resettlement policy, OP 4.12 is developed to ensure that the negative impacts of RAMP II development on people do not occur. And even it does occur, the affected persons/people are commensurately compensated for their loss (of land, property or access) in kind e.g. land for land or a combination of land and cash or when it becomes inevitable cash compensation.
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It should be noted that massive involuntary displacement in RAMP II is not envisaged. Also RAMP II does not envisage the project that will lead to the acquisition of protected areas (PA) or community resource management areas. However, in the unlikely event that this happens the procedures offered by OP4.12 which is negotiated process framework will be followed.
Moreover, it is not inconceivable that RAMP II is likely to create protected areas that would serve as control measure. This could include the creation of areas to enhance safety during construction or rehabilitation. In such situation persons who have settled in such areas or who use resources from them (e.g. quarries, sand mining, hunting, fishing) would be compensated in accordance with OP4.12 and the objective of this RPF as enunciated in the entitlement matrix.
Thus, adequate measures must be put in place in order to ensure that all subprojects are screened for potential resettlement and where resettlement is anticipated, that the appropriate steps are taken to compensate project affected persons.
While it is certain that land acquisition for RAMP II sub-projects may result in negative impacts to different categories of Project Affected Persons (PAP), the estimate of the number of persons/people likely to be affected are not known until the exact sub-project details are known. However, the combined population of the affected local government areas during the 2006 population census was put at 1,782,375 persons
Guiding Principles for Resettlement Planning This document identifies the guiding principles for resettlement planning for the Borrower (Nigerian Government) and mechanisms that should be put in place in order to screen subprojects and ensure that appropriate measures are in place to address any issues which arise from potential land acquisition under the RAMP II.
Once the proposed intervention has been designed and before actual work begins, a socioeconomic study and census (including complex households such as compounds) will be carried out within the area directly affected by the project where land will be acquired. The socioeconomic study should focus on such issues as livelihoods, household and compound composition, clan and sub-clan organization, other forms of social organization, ethnic groups, traditional and non-traditional leadership and other factors in the area, conflict and other issues relevant to the implementation of a resettlement plan. The census should include information on all income sources including remittances. All the above data shall be photographically documented. A sample household questionnaire has been prepared as an annex to this RPF. Concurrently, data will be collected on services available to households in the area such as educational institutions, health-care facilities, places of worship, extension agencies, shops and any other services normally used by household members. Transport facilities (roads, bus and van lines, etc.) should be registered. Distance from households to facilities should be noted.
The valuation procedures of all assets that will be affected will be conducted by a qualified valuer/surveyor. Compensation for loss of income and assets will be at full replacement cost such that the PAPs will experience no net loss and eligibility criteria have been developed for this. PAPs, communities, NGOs relevant stakeholders will participate in the resettlement/rehabilitation process. The specific plans/mechanisms for consultation participation will be detailed in the RAP and will
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RAMP II include resettlement committees for PAPs and communities and interagency committees for participating stakeholders.
Grievance Redressal Mechanism The RAMP II RPF amplifies the description of grievance redress mechanisms which is non-judicial within the State Project Implementation Unit (SPIU) or agencies in the respective States responsible for the resettlement as the preferred option. This, it is anticipated will allow unencumbered fora for people to express their dissatisfaction over compensation and R&R provisions as well as avoidance of unnecessary legal delays and cost overrun of the project. All grievances or complaints must be registered and compiled regularly for project management.
RPF Coordination and Implementation The RAMP II would require a multi sector operation. Thus the institutional arrangement would be pragmatically designed to involve other relevant federal and state MDAS, local government, local communities and CSOs/NGOs also need.
The Federal Ministry of Environment shall establish a Federal Project Management Unit that provide technical support to SPIUs and ensure monitoring& evaluation, Policy M&E. The primary responsibility for project design and execution depends on the States, through the SPIU. The SPIU shall provide awareness, mobilization and facilitation, project appraisal, approval & disbursement, capacity building, monitoring & evaluation, reporting to FPIU & World Bank
The PMU shall set up a Social Safeguard Unit with well trained personnel in resettlement, who shall ensure and supervise the implementation of this RPF and emanating RAP/ARAP in the State. A Resettlement Advisory Group working with a Resettlement Implementation Committee (constituted from relevant key stakeholders in the State) will ensure proper implementation, monitor and review of the progress of the RAP/ARAP implementation or plan of resettlement and rehabilitation of the affected persons and to carry out post implementation social audits.
The skills required for strengthening respective State PMUs capabilities for managing resettlement issues associated with RAMP II have been identified and these should be carried out accordingly, as part of the budget for managing the resettlement issues.
With regard to budget, some of the costs of resettlement (e.g. professional services, site preparation, construction, etc.) can be financed from the Bank loan, while other costs (e.g. compensation payments, acquisition of land) cannot be financed from the Bank loan and must be borne out of counterpart funds. In either case, resettlement costs should be included in the overall subproject budget.
Monitoring and evaluation In order to successfully complete the resettlement management as per the implementation schedule and compliance with the policy and entitlement framework, there would be need for monitoring and evaluation of the RPF and RAP implementation. Monitoring and evaluation will be a continuous process and will include internal and external monitoring. The safeguards officer shall play a key role in reporting the progress of implementation as well as compliance to the PIU, PMU and the World Bank.
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The RPF underscores the importance of monitoring and evaluation of the sub projects under the RAMP II projects. It also highlights mechanisms for internal and external monitoring and provides the indicators.
Consultation, Review and Disclosure For RAMP II, public consultation and stakeholders’ participation which have been initiated already in the course of the preparation of this RPF are considered. This RPF documents those that were consulted, dates, concerns raised and how the RPF/RAMP II responds to these concerns.
For the preparation of the RAP/ARAP, Each State Project Implementation Unit should hold specific events (preferably community-level meetings) at which affected people will feel comfortable expressing their views. Such events should be carefully documented and the minutes of these meetings together with attendance lists should be included with the RAP to demonstrate that consultation has taken place. States are not required to accept every suggestion or demand made, but they should take each reasonable suggestion into account as a matter of good faith.
This RPF is expected to be disclosed in-country to the general public for review and comment at designated locations in the participating States and in World Bank InfoShop. Individual RAP/ARAPs that must be prepared for each sub-project based on the guidelines and procedures highlighted in this RPF are also to be disclosed in the manner of the RPF.
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SECTION 1.0: GENERAL INTRODUCTION
1.1 Project Background
Road transport activities involve the conveyance of passengers en-masse or in small numbers, animals, farm produce and merchandise as well as rendering of mobile services (clinics, libraries and banks). It is the most commonly used mode of transportation in Nigeria and accounts for more than 90% of the sub-sector’s 3% contribution to the Gross Domestic Product (GDP). It is also only means of access to most rural communities where other modes of transport are either non-existent or too expensive.
Nigeria has the largest road network in West Africa and the second largest south of the Sahara, with the national network is currently estimated to be 194,200km of which 34,120km (17.6%) are federal roads, 30,500km (15.7%) state roads and 129,580km (66.7%) local and rural roads, linking smaller communities to one another and to LG headquarters. More than 80% of the network here is either in fair or poor condition.
However, Nigeria’s road networks are poorly managed and maintained and overused as alternative modes of transport are poorly developed. While most of the network (83.5 percent) is managed by the States and LGAs, the institutional and financial capacity to discharge this responsibility is weakest among these two tiers of Government. The LGAs are the least equipped in this regard and most have ceded their road management responsibilities to their respective State Governments. Weakness in institutional oversight is manifested in inadequate contracting procedures, poor planning and supervision, and serious under-funding of road maintenance.
Past studies revealed that most of the travel in rural areas is restricted within 4 km of the rural homes and is done away from the existing national road networks. Most of this travel is for purposes of accessing basic daily necessities like a grinding mill, marriage ceremonies, for funerals and other social activities, herding cattle and carrying firewood, farm input or farm produce and fetching water.
It was realized that local rural mobility is thus very vital for their socio-economic well-being, yet it is so rigorous and laborious for the rural people, and that the formal system of access planning is not adequate/applicable for the rural situation. It should be noted that some of the remote rural areas can only be accessible by specialized motor vehicles, while certain specific areas, cannot be accessed at all by motor vehicles. A lot of the so-called motorable roads and bridges are not passable during the rainy season. There is, therefore, a need for a higher quality bridges and firmer road surfaces in a number of given localities in rural Nigeria.
One of the objectives of the World Bank, in line with the Africa Action Plan, is to assist Sub- Saharan Africa (SSA) countries to close the infrastructure gap by scaling-up resource allocation to sectoral focal areas of deliverables. In transport, the adopted strategy is to support rehabilitation of
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RAMP II road networks and reform programs and to establish independent financing and management mechanisms.
The Rural Access and Mobility Project (II), which is intended to support rural transport and mobility at the States level, is aligned to the Government’s National Economic Empowerment and Development Strategy (NEEDS) on one hand and the State Economic Empowerment and Development Strategies (SEEDS) of the respective States on the other hand. The three NEEDS pillars are: (i) empowering the people through interventions related to health, education, environment and integrated rural development; (ii) promoting private enterprise through security and rule of law, infrastructure and finance among others; and (iii) changing the way Government does its work through inter alia public sector reforms and governance. These pillars are in turn aligned to achievement of the MDG’s. It has become apparent that provision of an efficient transport infrastructure is an essential ingredient if these strategies are to be realized. Enugu State’s SEEDS emphasizes the provision of feeder roads to agricultural communities and expansion of urban roads.
In 2006, Government adopted the National Policy on Rural Travel and Transport, which recognizes that transport is central to the development of a society and that improving rural mobility and easing the transport burden must constitute a significant part of the county’s poverty eradication program. The overall objective of the policy is to develop an adequate, safe, environmentally sound and economically efficient rural travel and transport system. In line with the policy, Government, under the auspices of the Federal Ministry of Agriculture and Water Resources (FMAWR) is implementing a Rural Travel and Transport Program (RTTP) and the planned rural access and mobility projects in the states are not only in consonant with the policy but are also pragmatic means of ensuring rapid implementation of the policy.
The Federal Government of Nigeria (FGN), through FMAWR, requested the Bank’s assistance both to meet the immediate and short term funding needs for the implementation of RTTP. The proposed project would also complement the objectives of the Federal Roads Development Project (FRDP), recently approved. Indeed, this level of coordination would ensure that maximum benefit is achieved with the support to improve the conditions of the Nigerian road network. In this way the rural growth objectives spelled out in ENUGU-SEEDS, especially agricultural development and improving access between farms and markets would be directly supported.
RTTP proposes that those road networks giving access to and within the prioritized geographical areas should first be improved/rehabilitated and then maintained for at least four years as a complete network. This approach would provide the necessary longer term support required for sustainable rural development like agricultural development.
RAMP II will support this initiative through long term performance based contracts including both rehabilitation/improvement and maintenance activities. An added motivation for the network approach is that the Bank-support can introduce longer term road maintenance contracts and that similar contracts for other geographical areas could follow entirely funded from State and Local Government contributions In order to proceed with clearance of the project, the government through FMAWR is required to prepare a Resettlement Policy Framework (RPF) consistent with World Bank Safeguard Operational Policy (OP) 4.12 Involuntary Resettlement.
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The project is rated environmental category B. Since the location of the rural roads to be improved is not yet known, an Environmental and Social Management Framework (ESMF) is presented in a separate document, which defines standard procedures and methods for incorporating environmental and social concerns into the selection, planning and implementation of all individual gravel, rural and feeder road sub-projects to be carried out under the project.
Although it is not anticipated that rural/feeder road interventions will require land acquisition or will restrict access to natural or economic resources, one cannot rule out the possibility that this may occur. Therefore this RPF was been prepared by Earthguard and updated here in accordance with OP 4.12 (Involuntary Resettlement) to provide appropriate guidance on resettlement and compensation, should the occasion arise The purpose of the updated RPF, in the context of RAMP II, is to establish the overall principles and mechanism for addressing social impacts of the project related to the involuntary taking of land and other assets resulting in a (i) relocation or loss of shelter, (ii) loss of assets or access to assets, (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. The Involuntary Resettlement policy also requires resettlement plans to be implemented prior to undertaking the project activities causing the resettlement. The RPF is valid for all project activities that are funded by the World Bank or any other activities that are essential to the completion of project activities funded by the World Bank. The operational objective of the RPF is to provide guidelines to stakeholders participating in the resettlement and related rehabilitation in order to ensure that Project Affected Persons (PAPs) will not be adversely affected by the social impacts of the projects. The basic principles imply that PAPs should be compensated for loss of assets at replacement costs; given opportunities to share project benefits; and be assisted in case of relocation or resettlement. This RPF governs all activities funded under the RAMP II, and is to be used in conjunction with the ESMF that has also been prepared for this project as a separate and stand alone document.
Focus is on restoring the income earning capacity of the project-affected persons. The aim should be, at a minimum, to improve or at least sustain the living conditions that existed prior to project implementation or resettlement. These principles are embodied in the following impact management strategy for the RAMP II:
• Involuntary resettlement will be avoided through project site planning processes to avoid and minimize social impacts of the project. • Where resettlement is unavoidable, resettlement activities will seek to provide offsetting mitigation measures that give the persons displaced by the project meaningful opportunity to share in the project benefits. • Displaced persons will be assisted in their efforts to improve livelihoods and standards of living or at least to restore them to levels equivalent to those prior to the project.
In compliance with international standards and practices, the Federal Ministry of Agriculture and Water Resources (FMAWR) developed presented this Resettlement Policy Framework, which will be used to guide management of resettlement activities of the project in Enugu and Osun States. However, with the inclusion of Adamawa and Niger States in RAMP II, the Resettlement Policy framework is being updated to include information on the two new states as well as addition of any new details about the two earlier states.
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The World Bank's Operational Policy (OP) 4.01 requires that the RPF report be disclosed as a separate and stand alone document. The disclosure should be both in convenient place in the respective States where it can be accessible by the general public (including at the local government councils) as well as the Infoshop at the World Bank, and the date of disclosure must precede the date for appraisal of the project. Where differences are found between the World Bank Policies and Nigerian laws and policies, the World Bank Policies will be followed.
1.2 Objective of RAMP II RAMP II is designed to support Enugu State and Local Governments to provide rural communities with improved access to social services and economic opportunities, and to enhance the capacity of relevant government institutions to better manage rural transport infrastructure. The indicative objective is to rehabilitate about 500km of rural roads per initial participating state. However, in this phase the indicative objective is to build approximately 200 km of rural and state roads in each of the four states.
1.3 Principles and Objectives of World Bank’s Resettlement Policy Generally, involuntary resettlement, unless properly managed, may result in long-term hardship and impoverishment for affected persons and communities, as well as environmental damage and social stress in areas to which they have been displaced. The impacts due to involuntary resettlement from development projects, if left unmitigated, often gives rise to severe economic, social and environmental risks resulting in production systems being dismantled, people facing impoverishment when their productive skills may be less applicable and the competition of resources greater; community institutions and social networks being weakened; kin/clan groups being dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. For these reasons, most projects, like RAMP II supported by the Bank are designed to avoid involuntary resettlement. Where it is unavoidable to embark on involuntary resettlement, appropriate measures to minimize, as much as possible, are chosen. For adverse impacts on displaced persons and host communities carefully planned and implemented framework are ensured to mitigate the levels.
The World Bank resettlement policy OP 4.12, could be triggered in instances where, project activities could result in loss of structures (houses, fences etc.) and possibly incomes (rents for landlords, business premises, agricultural land). Therefore, people are in most cases compensated for their loss (of land, property or access) either in kind or in cash of which, in most cases the former is preferred.
The failure to take into account potential involuntary resettlement in the improvement of rural/feeder roads under the RAMP II can increase the risk of hardship and negatively impact poverty reduction objectives.
It is generally recognized that the impacts due to involuntary resettlement from development projects give rise to severe economic, social and environmental risks if left unmitigated such as listed below: . 1. Landlessness
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Land expropriation removes the main foundation on which many people build productive systems, commercial activities and livelihoods. Often land is lost forever and sometimes it is partially replaced, seldom fully replaced or fully compensated. This is the main form of de-capitalization and pauperization of the people who are displaced, and both natural and man-made capital is lost. 2. Homelessness Loss of shelter may be only temporary for many people, but for some it remains a chronic condition and is also felt as loss of identity and cultural impoverishment. Loss of housing may have consequences on family cohesion and on mutual help networks if neighbouring households of the same kinship group get scattered. Group relocation of neighbours is therefore usually preferable over dispersed relocation. 3. Joblessness Loss of salaried employment occurs both in rural and urban displacement. People losing jobs may be industrial or service workers, landless agricultural labourers, or artisans. Unemployment or under-employment among those who are resettled may linger long after physical relocation. Creating new jobs for them is difficult and requires substantial investments, new creative approaches, and reliance on sharing project benefits. 4. Food insecurity Destruction of crops diminishes self-sufficiency, dismantles local arrangements for food supply, and thus increases the risk of chronic food insecurity. This is defined as calorie- protein intake levels below the minimum necessary for normal growth and work. 5. Increased morbidity and mortality Vulnerability of the poorest people to illness is increased by forced relocation, because it tends to be associated with increased stress, psychological traumas, or the outbreak of parasitic diseases. Decreases in health levels result from unsafe water supply and sewage systems that proliferates epidemic infections, diarrhoea, dysentery, etc. 6. Educational loss Involuntary displacement disrupts all public services at the departure sites, with heavy effects particularly on school programmes. Interruption of school attendance causes prolonged loss of access to education; some children do not return to school at all and are prematurely sent by their families to join the labour force. 7. Social displacement The dismantling of community structures and social organization, the dispersion of informal and formal networks, local associations, etc. is a massive loss of social capital. Such displacement undermines livelihoods in ways usually not recognized and not measured by planners, and is a cause of disempowerment and impoverishment. 8. Marginalization This occurs when relocated families lose economic power and slide down towards lesser socio-economic positions. Middle-income households become small landholders while small shopkeepers and craftsmen lose business and fall below poverty thresholds. Economic marginalization tends to be accompanied by social and psychological marginalization.
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9. Loss of access to common property Poor farmers, particularly those without assets, suffer loss of access to the common property goods belonging to communities that are relocated (e.g., loss of access to forests, water bodies, grazing lands fishing areas, cemetery lands, etc.). This represents a form of income loss and livelihood deterioration that is typically overlooked by planners and therefore uncompensated.
In line with the foregoing, the World Bank’s resettlement policy framework has the following objectives: (i) Involuntary resettlement and land acquisition should be avoided where feasible, or minimized, exploring all viable alternatives; (ii) Where involuntary resettlement and land acquisition is unavoidable, resettlement and compensation activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to give the persons displaced by the project the opportunity to share in project benefits. Displaced and compensated persons must be meaningfully consulted and have opportunities to participate in planning and implementing the programs linked to their resettlement. (iii) Displaced (economically or physically) and compensated persons should be assisted in their efforts to improve their livelihoods; standards of living should be improved as a result of the resettlement program, or at least restored, in real terms, to pre-displacement levels or levels prevailing prior to the beginning of project implementation, whichever is higher.
For the purposes of this framework, “affected persons” are defined as: All persons who, as a result of works carried out or to be carried out under the Project, would incur: (i) relocation or loss of shelter, such as houses; (ii) loss of assets or access to assets, such as land or crops; or (iii) loss of income sources or means of livelihood whether or not the affected persons must move to another location, such as stalls or productive activities on the land; or the involuntary restriction of access to legally designated parks or protected areas, which would result in adverse impacts on the livelihoods of displaced persons.
Therefore, involuntary resettlement, as per the definition in OP 4.12 (Annex 1), means both physical displacement as well as economic displacement. The term “involuntary” means that any impact, to which the project affected person cannot say no, is “involuntary” and therefore the policy OP 4.12 is triggered.
The policy applies to all displaced persons regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Particular attention will be paid to the needs of vulnerable groups among those displaced; especially those below the poverty line; the landless, the elderly, women and children and the ethnic minorities or other displaced persons who may not be protected through Nigerian land compensation legislation.
In particular for RAMP II, the policy also requires that the implementation of individual resettlement and compensation plans are a prerequisite for the commencement of project activities causing resettlement, such as land acquisition, to ensure that displacement or restriction to access does not occur before necessary measures for resettlement and compensation are in place.
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It is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites (if necessary) with adequate facilities, where required. In particular, the taking of land and related assets or the denial of access to assets may take place only after compensation has been paid and where applicable, resettlement sites, new homes, related infrastructure, public services and moving allowances have been provided to displaced persons.
Furthermore, where relocation or loss of shelter occurs, the policy further requires that measures to assist the displaced persons are implemented in accordance with the resettlement and compensation plan of action.
1.4 The Need for RAMP II RPF The Resettlement Policy Framework (RPF) is designed to provide procedures and guidelines that would be followed because the World Bank’s OP 4.12 is triggered by the project. The RPF provides a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs) for sub-projects during the implementation of the comprehensive RAMP II programme.
The RPF sets out the policies, principles, institutional arrangements, schedules and indicative budgets that will take care of any anticipated resettlements. These arrangements shall also ensure that there is a systematic process (as against an hoc one) for the different stages of the implementation of a framework that assures participation of affected persons, involvement of relevant institutions and stakeholders, adherence to both World Bank and Government procedures and requirements, and outline compensation for affected persons.
The RPF provide the framework within which Resettlement Action Plans/Abbreviated Resettlement Action Plans will be developed when the project is certain of the locations and specific impacts of the sub-projects.
1.5 Justification for the RFP It is certain that the RAMP II activities would lead to different levels or scale of impacts, positive and negative. By virtue of its design, the RAMP II is expected to contribute to positive social outcomes relating, for example, to increased well-being, employment generation and enhancement of incomes and providing livelihood security for the overall populations in targeted areas. The negative impact could entail loss of access to and/or property, loss of livelihoods, loss of assets, loss of sources of income, loss of access to locations that provide higher incomes or lower costs, etc., which would result from acquisition of land/displacement.
At this stage of the project preparation, specific information on numbers of sub-projects, site location, local communities, geo-physical land features, nature etc. is not available. Thus it is difficult to define what the specific social impacts of the sub-projects are with regard to the exact locations and magnitude of the sub-projects (volume, scope, scale and/or actual nature of activities, etc.). This implies, at present, that who will be impacted and how or the nature of impacts are not known as well in the event of land acquisition/displacement. The difficulties inherent in defining what the real social impacts of the proposed sub-projects are or coupled with the fact that no exact locations and magnitude of sub-projects are known at present necessitate the development of an RPF. Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 7
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1.6 Scope of the RPF The Resettlement policy framework clarifies resettlement principles, organizational arrangements and design criteria to be applied during project implementation. Sub-project resettlement plans consistent with the RPF will subsequently be submitted to the Bank for approval after specific planning information becomes available. It should be noted that the policy is designed to mitigate harm caused by displacement or land acquisition occurring in the process of Enugu RAMP II implementation. It is not designed to • address “economic displacement” in itself • to mitigate damages caused by processes occurring prior to the Enugu RAMP II interventions of any particular sub-project.
OP4.12 demands mitigation only when land is taken. There is no obligation, under Bank Policy, to replace assets lost to erosion prior to or outside the context of the Bank-financed project. The policy does not prohibit compensation for other kinds of losses and damage such as loss of “customer goodwill” but such compensation is not required by OP4.12.
As outlined in the TOR for this RPF, the scope of work covers the following elements, consistent with the provisions described in OP 4.12, paras. 2 and 4: a. A brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a Resettlement Policy Framework; b. Principles and objectives governing resettlement preparation and implementation, including a legal analysis and framework, reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them; c. A clearly set out screening process for all subcomponents and a description of the process for preparing and approving Resettlement Action Plans (RAP) or an Abbreviated Resettlement Action Plans (ARAP), including outlining the process and content required for the preparation of such plans; d. Estimated population displacement and likely categories of displaced persons, to the extent feasible; e. Eligibility criteria for defining various categories of displaced persons; f. A Methodology to identify precisely the affected population before the intervention; and to assure that this population will be the beneficiary of the relocation; g. A Methodology for valuing affected assets; Compensation and assistance are to be based on the overall principle that people shall not suffer net losses as a result of the project. h. Organizational procedures for delivery of entitlements, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer; i. A description of the implementation process, linking resettlement planning and implementation to both civil works and livelihood strategies; j. A description of grievance redress mechanisms that needs to be supported or established; k. A description of the arrangements for funding resettlement including the preparation and review of cost estimates, the flow of funds, and the contingency arrangements l. A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and m. Arrangements for monitoring by the implementing agency and, if required, by independent
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monitors. n. Template for the design of sub-project RAPs and /or ARAPs o. A description of the processes of monitoring, verification and evaluation required for effective implementation of the resettlement process.
1.7 RAMP II and the Principle of Involuntary Resettlement Under the WB OP 4.12, those affected by resettlement are defined as those who are directly affected socially and economically by: (a) The involuntary taking of land and other assets resulting in: relocation or loss of shelter; loss of assets or access to assets; or loss of direct income sources or means of livelihood (i.e., income and livelihoods directly dependent on the affected areas), whether or not the affected persons must move to another location. (b) The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons.
The Bank Safeguard Policy OP 4.12 applies to RAMP II in: 1. All components under the project, whether or not they are directly funded in whole or in part by the Bank. 2. All displaced persons due to the sub-projects regardless of the total number affected and the severity of the impact and whether or not they have legal title to the land. 3. Squatters or other land occupiers who lack legal title or legal occupancy rights to the land they occupy who should be entitled to assistance in accordance with the objectives of the RPF.
(c) This RPF further applies to other activities resulting in involuntary resettlement that in the judgment of the Bank are: a) Directly and significantly related to RAMP II sub-projects during implementation b) Necessary to achieve its objectives as set forth in the project documents; and c) Carried out, or planned to be carried out, at the same time as the RAMP II sub-projects.
As required by the policy, implementation of individual resettlement and compensation plans under the RAMP II are a prerequisite for the commencement of sub-project activities causing resettlement.
It is further required that these measures include provision of compensation and/or other form of assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites (if necessary) with adequate facilities, where required. In particular, the taking of land and related assets or the denial of access to assets should take place only after compensation has been paid and where applicable, resettlement sites, new homes, related infrastructure, public services and moving allowances have been provided to displaced persons.
Furthermore, where relocation or loss of shelter occurs, the policy further requires that measures to assist the displaced persons are implemented in accordance with the resettlement and compensation plan of action.
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Below an overview of what must be done to compensate those that will displaced involuntarily (lose of land or prevention of access to normal means of livelihood) is given: Offer displaced persons choices among feasible resettlement options, including adequate replacement housing or cash compensation where appropriate. Provide relocation assistance suited to the needs of each group of displaced persons, with particular attention paid to the needs of the poor and the vulnerable. Make alternative housing and/or cash compensation available prior to relocation. Built new resettlement sites for displaced persons with improved living conditions. In the case of physically displaced persons with recognized or recognizable rights, the project will offer the choice of replacement property of equal or higher value, equivalent or better characteristics and advantages of location or cash compensation at full replacement value. Where these displaced persons own and occupy structures, compensate them for the loss of assets other than land, such as dwellings and other improvements to the land, at full replacement cost.
Offer compensation in kind in lieu of cash compensation where feasible. Based on consultation with such displaced persons, provide relocation assistance sufficient for them to restore their standards of living at an adequate alternative site. It is important to stress that the policy is not designed to address “economic displacement” in itself. “Economic displacement” could occur where people suffer losses or damage due to project activities that do not involve the taking of land. For example, if a road is realigned in order to reduce runoff and a business located along the former roadway loses customers, this is a purely economic displacement and not subject to OP4.12 because land was not taken from the business iteself. If, on the other hand, construction of a drainage canal involves cutting off access by persons to a school or health facility, some compensation could be called for due to the taking of land to build the canal. In summary, this RPF reflect the fact that OP4.12 demands mitigation only when land is taken. The policy does not prohibit compensation for other kinds of losses and damage such as loss of “customer goodwill” but such compensation is not required by OP4.12.
1.8 RAMP II Sub-Project Implementation Principle The implementation of individual RAPs must be completed prior to the implementation of sub- project activities causing resettlement. The Bank Safeguard Policy OP 4.12 applies to all components under the RAMP II programme, whether or not they are directly funded in whole or in part by the Bank.
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SECTION 2.0: METHODOLOGY FOR THE RPF PREPARATION
Generally, the RPF was prepared in accordance with applicable World Bank safeguard policies and Nigerian guidelines/laws. The distinct phases for preparing this RPF include: review of existing RPF to be updated; Public Consultation, Data Gathering e.g. for baseline conditions, institutional arrangement, capacity, etc. which involved reconnaissance survey/visits to States; and identification of potential impacts; preparation of the RPF and sub-project guidelines screening.
2.1 Review of Literature/Existing RPF A review of relevant literature and exiting RPFs prepared by Earth Guard and other experts in the field was carried out with a view to gaining a further and deeper understanding of the RAMP II project and the social conditions that exist in the seven States.
The following documents, amongst others, were considered: RPFs prepared for other recent World Bank projects in and elsewhere (other countries) where there have been a greater amount of resettlements and affected populations as their potentially is under the RAMP II; • the draft RPF for NEWMAP • RPF for Enugu and Osun RAMP II projects • Other relevant documents, reports, publications on land acquisition, compensation that bears relevance to the RPF, • Other literature on road transportation in Nigeria United Nations (2006) Human Development Report National Bureau of Statistics (2009) Social Statistics in Nigeria The Nigeria Land use Act Forestry Act Nigeria’s National laws and/or regulations on environmental assessments World Bank Operational Policies
2.2 Stakeholders/Public Consultation Three main groups of organisations and individuals (government (MDAs, individuals and CBOs/NGOs) were consulted with.
2.2.1 Data Gathering and Reconnaissance Survey/visits to States The data gathering involved visits to various government offices at state levels, internet searches, etc. to obtain relevant information. All the States were visited with a view to gathering first hand information and holding stakeholder consultations/meetings. With the visits, better appreciation of the baseline conditions, institutional arrangement at the local levels, capacity, the nature and extent of likely social impacts as well as who would likely be impacted and how, etc. were identified and documented..
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2.2.2 Organizing and Integrating Data for Coherency- Putting It all Together The search for information for the preparation of the RPF yielded a wealth of information for the preparation of the RPF. The information/data obtained were organized and summarized with a view to identifying areas of commonality and difference among the various relevant issues in the States. Just as it was important to identify areas of common social benefits or cost to the likely project affected persons, it was also essential to evaluate the differences among impacts and determine how to address the differences which were considered most significant.
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SECTION 3.0 PROJECT DESCRIPTIONS
This Section provides information on the proposed project (the different components). It also highlights the physical and socio-economic settings of the project locations
3.1 Project Description
The Project Development Objective (PDO): The overarching objective of the proposed Second Rural Access and Mobility Project (RAMP) also known as RAMP II is to support the improvement of rural access and mobility in the participating States by:
(a) Providing improved all-weather access road networks in selected and prioritized rural development areas; and (b) Supporting the institutional reform in the transport sector in the states to improve management of the state-wide road network.
While the final indicators will be agreed upon during pre-appraisal and appraisal phases of project preparation, output indicators could include the number of kilometers of improved access roads and one of the outcome indicators will be the rural access mobility index. Other possibilities are savings in travel time and decrease in rural transport cost to farmers.
The main focus of the project would be on rural roads, especially those tracks and earth roads leading to and serving areas with agricultural and other rural development potential. In addition, the road networks in Adamawa, Enugu, Niger and Osun States have a number of missing links where bridges are required to provide access to outlying communities. The construction of these bridges will also be supported under the project
The Project is organized into three components, namely,
Component 1: Rehabilitation of Rural and State Roads - This component would finance rehabilitation works for an indicative 500km of rural roads and state roads in each of the initial four states (Adamawa, Enugu, Niger and Osun ) as well as the related design studies and external supervision activities. The prioritization of roads is based on the following principles: • Road Classification: The project considers mostly local government and state roads link. Federal roads are excluded. • State of Roads: Links that are inaccessible due to impassable terrain (collapse or damage culverts, marshy areas) and difficult topographical terrain. The project focuses on recreation of basic access and on roads in poor state. • Traffic: The project focuses on roads with current average daily vehicle traffic (AADT) of less than 50 vehicles per day (vpd).
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• Connectivity: The project prioritized feeder roads that link to paved state and federal roads. To major market places, to areas of medium to high agricultural and mining production potentials. • Environmentally sensitive areas: The project in as much as possible avoids creating access to protected areas (national parks; protected forests) to minimize the risk of excessive logging, illegal hunting, forest clearing (cut and slash burning) for agriculture and to protect Plant and animal.
The road works will include earthworks, laterite materials, construction of new pipe and box culverts as well as repairs and extension of existing culverts. • Horizontal Alignments: The improved link will follow existing road alignment. Minor deviations (short cuts) will be permitted for track reopened to vehicle traffic. • Vertical Alignments: They will follow essentially the existing topography. Only in sections of excessive gradients minor cuts and fills will be considered. In sections liable to flooding and marshy areas the road embankment will be raised to a minimum height of + 0.5 m above maximum water level. Crossing of zones consisting of sub-soils of insufficient strengths (e.g CBR < 10: clayey soils). If these zones are limited in length, building up of road embankments on geo-textiles shall be preferred to soil replacement. If such crossings are excessive in length, alternative and more cost efficient horizontal alignments shall be sought (ridge road).
Components 2: Roads Maintenance and Local Development – This components would finance road maintenance activities on rehabilitated roads and support state mechanisms for maintenance funding. The models to be use in the maintenance mechanism involve community-based approach to among others.
Components 3: Capacity Building and Project Administration – This components would finance Institutional Strengthening activities at state level as well as project administration costs. The components would be split in two subcomponents: Subcomponents 3.1 (capacity building and project administration in the initial four states will be implemented by the State Project Implementation Units (SPIU). Subcomponents 3.2 (institutional strengthening for other participating states and Federal Project Management Unit (FPMU) project management costs) would be implemented by the FPMU. This component could also address capacity building at federal level to improve the sector strategy.
Safeguards instruments have to be prepared as part of project preparation, as requested by the World Bank safeguards policies. The Integrated Safeguards Data Sheet (ISDS) provided in annex, lists the applicable World Bank Policies as well as the safeguards instruments that have to be prepared.
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3.2 Project Location In Nigeria, the 36 states are organised in six defined geopolitical zones namely North Central, North East, North West, South East, South-South and South West. The RAMP II project geographically covers all the four States, one each in the North East, North Central, South East South West geopolitical zones. By size, the RAMP II project states, account for a 129,926.3 sq km or 14.1% of the national space and credited with 12.6%.
Table 3.1 shows the distribution of the roads by the states in the RAMP II project. For instance there a total of 203.45 Km of roads in Map 1: States in RAMP II PROJECT Enugu State. In Adamawa, Osun and Niger States, we have 234.3 Km, 216.53 Km and 195 Km respectively.
Table 3.1 Rural Access and Mobility Project
LGA
ROAD
(KM) AFFECTED STATE LENGTH LENGTH S/N ROAD NO. 1 33 Umuabi-Ehuhe Achi Road 9.48 Udi 2 36 Abor Road 4.46 Udi 3 37 Egede-Awhum Road 6.50 Udi 4 39 St. Mary Ngwo-Nsude Road 6.25 Udi 5 41 Ugwuoba-Nkwere Inyi-Inyi Road 19.88 Oji River 6 42 Isu Abaraji-Akpugo Eze-Inyi Market Road 12.69 Oji River Total Cluster 1 59.26 7 13 UNTH-Enuguagu Ndiagu-Umuaniagu-Obe-Amuri Road 11.88 Nkanu West
8 18 Mgbogodo-Obinagu Uwani Akpugo-Ihuokpara Road 15 Nkanu West 9 23 Mmaku-Awamgbidi-Nkwe-Ezere-Isuochi Road 9.28 Awgu
Enugu Enugu 10 24 Uhueze Nenwe-Nomeh-Mburubu-Nara Road 21.00 Aninri Total Cluster II 57.16 11 3 Neke-Umualor-Ehamufu 16.84 Isi Uzo 12 5 Neke-Mbu-Ogbodo Aba-Obollo Etiti Road 25.38 Udenu Total Cluster III 42.22 13 9 Ukpabi-Nimbo-Ugbene Ajima-Eziani Road 28.62 Uzo Uwani 14 9 Ikwoka-Amagu-Ajuona-Akabusiyi-Obimo Road 6.25 Nsukka 15 12 Adani-Asaba-Igga-Ojo Road 9.94 Uzo Uwani Total Cluster IV 44.81 State Total 203.45 a m a 1 1 Jimeta bye-pass-Jambutu-Ngolomba-Boggare Road 7.8 Yola North
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LGA
ROAD
(KM) AFFECTED STATE LENGTH LENGTH S/N ROAD NO. 2 2 Njiboli-Njobolio-Rugangu-Road 9.4 Yola South 3 3 Kwana Waya-Namtari Manga Road 4.4 Yola North 4 4 Labondo-Gwakrah-Koh-Goron-Gorrong Road 36.1 Gerei 5 5 Mildo-Modufu-Nyibango-Mazawa-Kamburo-Madagali 15.6 Madagali 6 6 Bazza-Luggu-Watsila-Shaffa-Betso-Mango-Saba- 29.8 Michika Mampe-Kalikasa-Buppa-Karazah-Kasudi-Zah Road 7 7 Shuwa-Kwambula 1-Kwambula II – Pallam Road 8.6 Madagali 8 8 Main Road-Kilawanje-Wuro Ngayade-Girawannai- 7.9 Madagali Kwayi-Koppa Road 9 9 Hugo-Yelwa-Barai-Ghumchi-Gidin Dutse Road Madagali 10 10 Duhu-Duhu ki – Giwa Wanu – Guluk Road Madagali 11 11 New Demsa-Old Demsa-Bwashi-Nagare-Kodomun- 27.8 Madagali Pudde-Kwaine Road 12 12 Kpasham-Kebali-Lawe-Yanga Road 17.3 Demsa 13 13 Bille-Gumari-W/Hamawa-W/Bobbo-Gadamayo-M/Belwa 36.5 Mayo Belwa Road 14 14 Main Road-Gyawana-Pudde-Bubwangun-Mbemun- 14.3 Dubungum Hadiyo-Lamurde Road 15 15 Kaya-Kuda-Kubo-Bitiku-Ynagu-Sabon Gari Road 18.8 Madagali State Total 234.3 1 F9 Abogimile - Eleru 9.4 Iwo 2 F15 Agbowu – Idi-Iroko 15.7 Iwo 3 F16 Eleke – Kanko 9.05 Iwo 4 F18 Akinleye – Idi-Iroko 2.4 Iwo 5 F19 Agoro – Ikonifin 8.4 Iwo 6 F20 Ikonifin – Ajagunlase 8.7 Iwo 7 F21 Ajagunlase – Bode Osi 9.2 Olaoluwa 8 F22A Akinleye – Odo – Omi – Aba – Ayo – Isero – (FS Road) 9.6 Iwo 9 F22B Patara – Ileko – Oba – Odo – Omi – Road 1 2.4 Iwo Total Cluster 1 74.85 10 C1 Jagun Osin – Osi 15.44 Ife East
OSUN 11 C2 Elebu – Osi 10.05 Ife South 13 C3 Osi – Falala 14.87 Ife South 14 C4 Alogba – Owode 9.8 Ife South 15 C5 Owode – Overe Fadehan 18.32 Ife South 16 C7 Shasha N A Forest Reserve Road 16.2 Ife South Total Cluster 2 84.68 17 A5 Ilesa – Odogbo 16.32 Oriade 18 A6 Jabu – Ikeji – Arakeji – Ira 13.2 Oriade 19 A7 Ira-Ikeji – Ile-Ajebandele – Arinmo 11.3 Oriade 20 A8 Oligeri – Iragbiji – Oniyo – Ogbomoso 6.9
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LGA
ROAD
(KM) AFFECTED STATE LENGTH LENGTH S/N ROAD NO. 21 A9 Isale General Hospital – Muroko – Ila – Isolo – Ijesa – 9.1 Atakumosa Okebode West Total cluster 3 56.82 State Total 216.53 1 16 Wuya – Suman-Lemu 40 Gbako 2 10 Enagi – Guzan 15 Edati 3 4 Mokwa – Ja’agi – Kudu 42 Mokwa Total Cluster 1 97 4 19 Kabo – Diko – Tafa 28 Gurara 5 18 Sabon – Wuse-Ijah – Gwari 15 Tafa 6 Suleja – Abuchi 5 Suleja NIGER Total Cluster 2 43 7 9 Auna – Tungai – Jika – Shafini 32 Magama 8 3 Wawa – Malali 23 Borgu Total Cluster 3 55 State Total 195
3.3 Road Transportation
The RAMP II project States enjoy transportation systems that are heavily dependent on road. For instance, each state has an excellent road network linking, Map 2a: Enugu RAMP II LGAs/Km Map 2b: Enugu Ramp II Roads not only all the LGAs head quarters to the state capital, but also to other states in the country. Rural road transport, here, include the use of motor vehicles of all type as well as motor cycles. Transportation by road is meant for movement of people as well as household and agricultural items. There is also the optional use of motor cars for pleasure, which also contributes tremendously to the importance of road transport in the states and also due to the psychological satisfaction offered by the possession of a car. All the same, these dreams become a mirage with the poor maintenance state of the roads particularly in the rural communities of the states. Some even rely on bicycles.
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The rural people in the North are much more likely to rely on bicycles for part of their transportation needs. This reliance on bicycles is influenced by a complex set of economic, cultural, and environmental factors. According to the African Institute for Applied Economics transportation generally cost between N2.00 to N10.00 per Kilometer in these states. Economically the rural dwellers suffer severe poverty and can only afford bicycles much more when compared with cars. Also, in terms of the physical environment, some are. Savanna regions have widely spaced trees and less dense undergrowth when compared with the forested regions. These characteristics make the some of the communities within the RAMP II project more amenable to the use of bicycles.
Map 3a: Osun RAMP II LGAs/Km Map 3b: Osum RAMP II Roads
Map 4a: Niger State RAMP II LGAs/Km Map 4b: Niger State RAMP II Roads
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3.4 Population Nigeria is the most populous country in Africa with an estimated population of 170,123,740 and a population density of 184.2 people per sq. km. It has a total land area of 923.768 sq. Km, 1.4% of which is covered with water. Land is thus an important factor for dwelling and agricultural activities. The construction of roads, though germane to good life Map 5a: Adamawa RAMP Map 5b: Adamawa RAMP II for the rural dwellers puts II LGAs/Kms Roads further stress on the land and could engender difficult resettlement issues. The combined population of the four RAMP II states is estimated at 21,419,006 or 12.6% of the National population.
2.5 Settlement Patterns and Size Distribution of Settlements The average national population density currently stands at184.2 people/km2. There are, however, significant variations among the states. For instance, Adamawa, Enugu, Niger and Osun have population densities of 86, 262, 284 and 334 people per km2 respectively. These differences in density reflect also the physical environment. Land, in relation to the population, is relatively scarce as population increases; the pressure on land for all purposes including agriculture increase accordingly; and have implication for the RAMP II projects. Each contains many towns and villages with populations of 20,000 or more, but the four state capitals contain population in the region of close to 1 million people.
3.6 Economy The four RAMP II states have enormous agricultural potentials. The climatic conditions of the states are suitable for the production of yam, cassava, rice, maize, palm fruit, banana, soya bean, sugar cane, groundnut, palm produce, cocoa, ground nut etc. Livestock farming also offers major attraction and employment opportunity. Despite its high population density, agriculture remains the dominant economic activity in the states, accounting for some 55% of the working population.
Adamawa State is particularly endowed with agricultural and mineral resources, prominent among which is ground nut, cotton, sugar cane, yams and guinea corn. Others include maize, cassava, shea-nuts, sesame seed, soya beans and gum Arabic. Yet others, agricultural crops the State is reputed for include mango, orange as well as livestock products. There are also corollary agro based industries. All of these require efficient transportation and mobility system for easy management and evacuation.
Similarly, Enugu Stateis predominantly rural and agrarian, with a substantial proportion of its working population engaged in farming, although trading (18.8%) and services (12.9%) are also
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RAMP II important. In the urban areas trading is the dominant occupation, followed by services. A small proportion of the population is also engaged in manufacturing activities, with the most pronounced among them located in Enugu, Oji, Ohebedim and Nsukka.
Agriculture is the back bone of the economy of Niger State with more than 80% of the population enagaged either directly or indirectly on it for their livelihood. By reason of its location, climate and soil, the state is one of the largest and most fertile agriculture lands in the country and has the capacity to produce most of Nigeria’s stable crops. It also has ample opportunities for grazing, fishing and forestry. Unique opportunities exist in the State for the establishment of large scale farms. The state is reputed for yam and guinea corn as well as rice production and animal husbandry.
The geographical local of the state endows it with abundant mineral resources. Rich commercial deposits of various types of industrial minerals of high quality are available in the state such as gold, clay, silica and sand, granite, marble, copper, iron, feldspar, lead, kaolin, cassiterite, columbite and limestone which can be used for both domestic and export markets. Therefore, a lot of investment opportunities in the solid mineral sector exist in the State. All of these hold great implication for rural transport and mobility.
3.7 Social Capital The social resources (networks, membership groups, relationships of trust, access to wider institutions of society) upon which people draw in pursuit of livelihoods. In the four states, most communities have a variety of support groups, including cooperatives, local savings and credit or isusu systems, informal work exchange groups and religious organizations.
The Igbo in the Enugu State experienced rapid economic and social changes with the advent of colonial rule. People of the area embraced western education, which increased social mobility and opportunities in commerce and white-collar jobs. Limited opportunities in agriculture and animal husbandry principally as a result of scarcity of land and tropical veterinary diseases conducive to communal use of economic resources and strong kinship solidarities on the one hand, while concomitantly supporting individual pursuits, motivation and achievement orientation.
3.8 Cultural Resources Cultural resources in any country are very important in identifying any particular group of people. In some cultures, rivers, mountains, trees, etc are revered.
Scared shrines, lakes and forests are scattered throughout the study area. Sacred forests, streams and lakes are categorized as cultural and natural resources, to which most of communities had access. While some of these resources which are revered or worshipped are within the community, others are some distance away.
3.9 Social structure/trends and social groups Several social groups exist in the communities of the four states. This unique combination of communalism and high individual motivation in Igboland, for instance, creates a system of decentralized power that inheres in multiple centres in society such as the Umunna (male kindred),
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Umuada (female kindred), Inyom di (wives of the kindred), Ohanaeze (general assembly of the kin group), and Otu ogbo (age grades), among many others. This decentralized yet very cohesive system of social power is a characteristic of the people of the South East of Nigeria in the post- colonial era, and it is very important in charting a historiography of civil society organizations in the zone.
In the South west and Northern parts, there exist centralized traditional political structures with strong emirate/obaship. Unlike the decentralized traditional political realities of Enugu State, the other three States, namely Adamawa, Niger and Osun have strong traditional political structures through which the people could be reached with development information and policies.
Another dimension in defining the specificity of the Enugu State is Christianity. The Enugu State is ethnically and religiously homogenous. Christians constitute well over 95% of the population. In Osun State, the people are also ethnically and religiously homogenous with Moslems constituting about 50% of the population. Niger State, is however made up different cultural groups, namely the Gbagis, Koro, Kadara and Kambari. Others include the Nupe Hausa and Fulani. All the same, religiously, they are predominantly Moslems.
Though the Adamawa comprises numerous ethnic groups, Christianity and Islam have been very important in explaining collective misfortunes, mobilizing grievances and organizing solutions in the two Zones. Other relevant organisations include: women associations, youth associations, cooperatives, social clubs, age grades, Community Development Associations and NGOs.
The power structure of each community in the four states has the paramount ruler at the apex. The council of chiefs, Elders, Youths leaders, Women leaders and the Age grades follow in succession. These leaders of the communities would be very instrumental in the mobilization and of support for the various project activities.
Land disputes and sharing of land resources are potential areas of conflict in the states. These potential conflict issues have implications for land tenure. To resolve this and related issues a number a number of ways are usually employed to resolving such conflicts in the communities. These include: community meetings, elders-in-council, dialogue, council of chiefs, appeals and summons, elders’ assembly, religious leaders, juju priests, youth council, women groups, the police and courts. Conflict resolution could attract penalties such as warnings, restitutions, fines, seizures of assets and ostracisation.
For the RAMP II which is expected to involve displacement and resettlement issues, resolving issues arising from such inevitable displacement and involuntary resettlement in the course of sub- project implementation are expected to be done within these frameworks of conflict resolution. Any of these method or a combinations of the methods could be used depending on the severity of grievances.
The council of chiefs, Elders, Youths leaders, Women leaders and the Age grades leaders as well as the CBOs and NGOs would be very useful in the resolution of grievances that might crop up. Thus these must be carried along in all facets of the project implementation.
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3.10 RAMP II - A Catalyst for Development and Growth Cases of displaced numerous persons in the states due to road construction problems abound with equally untold human agony. The agony that started with possible loss of farming land for economic earnings of the rural inhabitants may be exacerbated when proud rural dwellers abandoned their homes for life as refugees, owing to the development of new roads, as is the case already identified in the Lamorde and Demsa LGA prioritized road clusters.
All the same The Bank is well-placed to support the state within the RAMP II given its lead role among development partners in Nigeria and its work to support several complementary sectors. Projects such as the recently concluded Local Empowerment and Environmental Management Project and the ongoing Fadama projects have supported rural development and sustainable land management activities. RAMP II projects and government plans related to roads and agriculture are affected by or have the potential to contribute to displacement and involuntary resettlement
The Bank is also well-placed to support the RAMP II activities given that it can draw upon its global expertise in supporting large-scale road management programmes and demonstrating innovative approaches such as payment for compensation for loss of access to land and environmental services in Latin America.
3.11 Potentially Affected Persons and the numbers likely to be involved At this stage of RAMP II preparation, accurate figures with regard to the amount of land-space to be used, exact location of and actual sub-project activities, and numbers of affected peoples, are not available.
It is envisaged that the socio-economic study/survey during RAPs/ARAPs preparation would provide more information on the social conditions of the potentially affected persons and even estimates.
Two potential cases are anticipated:
(i) affected persons are living or engaged in livelihood activity within the road’s right of way, including areas designated for borrow pits and other temporary works; or (ii) for technical or safety reasons, the road departs from the existing alignment and affects persons living or engaged in livelihood activities within the altered right of way.
3.11.1 Categories of Project Affected Persons (PAPs) In the project context, displaced persons may be categorized as: (i) Individual persons affected: an individual is affected when he/she is subject to loss of goods, property and or access to natural resources resulting from the project. For example, an individual who is cultivating land or owns a commercial or housing structure which would be affected as a result of the project. (ii) Household affected: a household is affected when one or several of its members are subject to loss of property, land or access to land or other income-generating activity as a result of the project.
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(iii) Vulnerable households affected: a vulnerable household may have needs affected by the project which are different from most other households. They may concern such segments of the population as self-supporting women and elderly people.
3.11.2 Eligibility Criteria According to OP 4.12 displaced persons may be classified into one of the three following groups: (i) Those who have formal legal rights to land and physical assets (including customary and traditional rights) recognized under the laws of the country. (ii) Those who do not have formal legal rights to land or physical assets at the time the census begins, but have a claim to such assets, provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan. (iii) Those who have no recognizable legal right or claim to the land or building they are occupying.
Persons covered under (i), (ii) and (iii) above are provided assistance under this Policy Framework if they occupy land or buildings prior to the cut-off date (which is the date the detailed census to identify affected persons begins). Persons who encroach on the area after the cut-off date are not entitled to consideration or any form of resettlement assistance under this Policy.
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SECTION 4.0: LEGAL/INSTITUTIONAL GUIDELINES, REQUIREMENTS AND SAFEGUARD POLICIES
Essentially, this Section considers the various land tenure and ownership systems in Nigeria, the different legal instruments regarding government and individual acquisitions and resettlement and compensation policies. Road construction and management works best when there is a supportive policy and legal framework, particularly: (a) policies that facilitate decentralized and participatory development; (b) institutional arrangements that allow and encourage public agencies at all levels to work together; and (c) an approach to access to natural resources that reflects local legislation and tenure practices and problems.
Land tenure and common pool resources are a particular challenge for watershed management and erosion control. Hence there needs to be a clear understanding of the policy and legal framework and local practices and of how a project can work within this framework to promote investment especially when issues of resettlement come.
4.1 Land Ownership in Nigeria A range of diverse cultural and traditional practices and customs characterize land ownership in Nigeria. This was extensively covered in the previous RPF developed for Enugu and Sun States.
Land ownership in Nigeria is subject to a range of diverse cultural and traditional practices and customs. Land can be classified according to the following broad categories: • Community land, or land commonly referred to as ancestral land, is owned by all the people. • Communal land consists mostly of under-developed forests and is owned by nobody. Those who clear it first claim ownership. • Clan or family land is owned by clans and families, as the name suggests. • Institutional land: land allocated to traditional institutions such as traditional authorities and chiefs. • Individual land: land acquired by an individual, which may be inherited by the immediate family, depending on customary practices or purchased or allocated by the government.
As contained in the RBF prepared by Earth Guard, the legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978, reviewed under Cap 202, 1990.. The following are selected relevant sections;
Section 1: Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of each state and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.
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Section 2 (a): All land in urban areas shall be under the control and management of the Governor of each State; and (d) all other land shall be under the control and management of local government within the area of jurisdiction in which the land is situated.
Section 5 (1): It shall be lawful for the Governor in respect of land, whether or not in an urban area (a) to grant statutory rights of occupancy to any person for all purposes.
Section 6 (1): It shall be lawful for a Local Government in respect of land not in an urban area, (a) to grant customary rights of occupancy to any person or organization for the use of land in the Local Government Area for agricultural, residential and other purposes; (b) to grant customary rights of occupancy to any person or organization for use of land for grazing purposes as may be customary in the Local Government Area concerned.
Section 6 (3): It shall be lawful for a Local Government to enter upon, use and occupy for public purposes any land within the area of its jurisdiction, and for the purpose, to revoke any customary right of occupancy on any such land.
Section 6 (5): The holder and the occupier according to their respective interests of any customary right of occupancy revoked under subsection (3) of this section shall be entitled to compensation, for the value at the date of revocation, of their unexhausted improvements.
Section 6 (6): Where land in respect of which a customary right of occupancy is revoked under this Act was used for agricultural purposes by the holder, the Local Government shall allocate to such holder alternative land for use for the same purpose.
Section 28 (1): It shall be lawful for the Government to revoke a right of occupancy for overriding public interest.
Section 29 (1): If a right of occupancy is revoked, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements.
Section 29 (3): If the holder or occupier entitled to compensation under this section is a community the Governor may direct that any compensation payable to it shall be paid (a) to the community or (b) to the chief or leader of the community to be disposed of by him for the benefit of the community in accordance with the applicable customary law (c) into some fund specified by the Governor for the purpose for being utilized or applied for the benefit of the community.
Section 29 (4): Compensation under subsection (1) of this section shall be, (a) the land, for the amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked, (b) buildings, installation or improvements thereon, for the amount of the replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interests at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be sustained by documentary evidence and proof to the satisfaction of the appropriate officer, (c) crops on land apart from any building, installation or improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer.
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Section 33 (1): Where a right of occupancy in respect of any developed land on which a residential building had been erected is revoked under this Act, the Governor or the Local Government, as the case may be, may in his or its discretion offer in lieu of compensation payable in accordance with the provisions of this Act, resettlement in any other place or area by way of a reasonable alternative accommodation (if appropriate in the circumstances).
Therefore, according to the Land Use Act, all land in Nigeria is vested in the Governor of each State, and shall be held in trust for the use and common benefit of all people. The administration of land area is divided into urban land, which will be directly under the control and management of the Governor of each State; and non-urban land, which will be under the control and management of the Local Government. The Governor of each State will have the right to grant statutory rights of occupancy to any person for any purposes; and the Local Government will have the right to grant customary rights of occupancy to any person or organization for agricultural, residential and other purposes. For agricultural purposes, no single customary right of occupancy shall exceed 500 hectares.
The rationale for the Act was that bitter disputes over land were resulting in loss of lives and properties; moreover, that the management and ownership of land needed to be streamlined and simplified; and furthermore that citizens, irrespective of their social status, need support to realize their aspirations of owning a place where they and their family can lead a secure and peaceful life.
The Act gives the government the right to acquire land by revoking both statutory and customary rights of occupancy for the overriding public interest. In doing so, the Act specifies that the State or Local Government should pay compensation to the current holder or occupier with equal value.
The relevant Bank policy (OP) 4.12, which addresses land acquisition and resettlement, was adopted in 2001. The differences between the Land Use Act and the Bank’s OP 4.12 mostly concern rehabilitation measures, which are neither proscribed nor mandated in the Act.
Community Driven Projects are land based. To this end, various interests and titles to particular pieces of land may be impacted. Therefore an analysis of the legal framework for the project will be carried out in the RAP and this will consider the various land holding arrangements in the assessment of entitlements and compensations for the various interests for lands acquired.
4.2 Nigerian Legal/Institutional Guidelines and Requirements 4.2.1 Land Use Act of 1978 and Resettlement Procedures The Land Use Act, Cap 202, 1990 Laws of the Federation of Nigeria is the applicable law regarding ownership, transfer, acquisition and all such dealings on Land. The provisions of the Act vest every Parcel of Land in every State of the Federation in the Executive Governor of the State. He holds such parcel of land in trust for the people and government of the State. The Act categorized the land in a state to urban and non-urban or local areas. The administration of the urban land is vested in the Governor, while the latter is vested in the Local Government Councils. At any rate, all lands irrespective of the category belongs to the State while individuals only enjoy a right of occupancy as contained in the certificate of occupancy, or where the grants are “deemed”.
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Thus the Land Use Act is the key legislation that has direct relevance to resettlement and compensation in Nigeria. Relevant Sections of these laws with respect to land ownership and property rights, resettlement and compensation are summarised in this section.
The concept of ownership of land as known in the western context is varied by the Act. The Governor administers the land for the common good and benefits of all Nigerians. The law makes it lawful for the Governor to grant statutory rights of occupancy for all purposes; grant easements appurtenant to statutory rights of occupancy and to demand rent. The Statutory rights of Occupancy are for a definite time (the limit is 99 years) and may be granted subject to the terms of any contract made between the state Governor and the Holder.
The Local Government Councils may grant customary rights of Occupancy for agricultural (including grazing and ancillary activities), residential and other purposes. But the limit of such grant is 500 hectares for agricultural purpose and 5,000 for grazing except with the consent of the Governor. The local Government, under the Act is allowed to enter, use and occupy for public purposes any land within its jurisdiction that does not fall within an area compulsorily acquired by the Government of the Federation or of relevant State; or subject to any laws relating to minerals or mineral oils.
4.2.1.1 Requirements of the Land Use Act The State is required to establish an administrative system for the revocation of the rights of occupancy, and payment of compensation for the affected parties. So, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each State that determines disputes as to compensation payable for improvements on the land. (Section 2 (2) (c).
In addition, each State is required to set up a Land Allocation Advisory Committee, to advise the Local Government on matters related to the management of land. The holder or occupier of such revoked land is to be entitled to the value of the unexhausted development as at the date of revocation. (Section 6) (5). Where land subject to customary right of Occupancy and used for agricultural purposes is revoked under the Land Use Act, the local government can allocate alternative land for the same purpose (section 6) (6).
If local government refuses or neglects within a reasonable time to pay compensation to a holder or occupier, the Governor may proceed to effect assessment under section 29 and direct the Local Government to pay the amount of such compensation to the holder or occupier. (Section 6) (7).
Where a right of occupancy is revoked on the ground either that the land is required by the Local, State or Federal Government for public purpose or for the extraction of building materials, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. Unexhausted improvement has been defined by the Act as:
anything of any quality permanently attached to the land directly resulting from the expenditure of capital or labour by any occupier or any person acting on his behalf, and increasing the productive capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or trees, fencing walls, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce.
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Developed Land is also defined in the generous manner under Section 50(1) as follows:
land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes.
It follows from the foregoing that compensation is not payable on vacant land on which there exist no physical improvements resulting from the expenditure of capital or labour. The compensation payable is the estimated value of the unexhausted improvements at the date of revocation.
Payment of such compensation to the holder and the occupier as suggested by the Act is confusing. Does it refer to holder in physical occupation of the land or two different persons entitled to compensation perhaps in equal shares? The correct view appears to follow from the general tenor of the Act. First, the presumption is more likely to be the owner of such unexhausted improvements. Secondly, the provision of section 6(5) of the Act, which makes compensation payable to the holder and the occupier according to their respective interests, gives a pre-emptory directive as to who shall be entitled to what.
Again the Act provides in section 30 that where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee. It is clear from section 47 (2) of the Act that no further appeal will lie from the decision of such a committee. If this is so, then the provision is not only retrospective but also conflicts with the fundamental principle of natural justice, which requires that a person shall not be a judge in his own cause. The Act must, in making this provision, have proceeded on the basis that the committee is a distinct body quite different from the Governor or the Local Government. It is submitted, however, that it will be difficult to persuade the public that this is so since the members of the committee are all appointees of the Governor.
Where a right of occupancy is revoked for public purposes within the state of the Federation; or on the ground of requirement of the land for the extraction of building materials, the quantum of compensation shall be as follows:
In respect of the land, an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked. in respect of the building, installation or improvements therein, for the amount of the replacement cost of the building, installation or improvements to be assessed on the basis of prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation. With regards to reclamation works, the quantum of compensation is such cost as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer. in respect of crops on land, the quantum of compensation is an amount equal to the value as prescribed and determined by the appropriate officer.
Where the right of occupancy revoked is in respect of a part of a larger portion of land, compensation shall be computed in respect of the whole land for an amount equal in rent, if any,
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RAMP II paid by the occupier during the year in which the right of occupancy was revoked less a proportionate amount calculated in relation to the area not affected by the revocation; and any interest payable shall be assessed and computed in the like manner. Where there is any building installation or improvement or crops on the portion revoked, the quantum of compensation shall follow as outlined above and any interest payable shall be computed in like manner.
4.2.2 Forestry Act This Act of 1958 provides for the preservation of forests and the setting up of forest reserves. It is an offence, punishable with up to 6 months imprisonment, to cut down trees over 2ft in girth or to set fire to the forest except under special circumstances.
Nigeria is at present a wood deficit nation. In order to ameliorate the situation, the policy on forest resources management and sustainable use is aimed at achieving self-sufficiency in all aspects of forest production through the use of sound forest management techniques as well as the mobilization of human and material resources. The overall objectives of forest policy are to prevent further deforestation and to recreate forest cover, either for productive or for protective purposes, on already deforested fragile land.
Specifically, the National Agricultural Policy of 1988 in which the Forestry Policy is subsumed, provides for: Consolidation and expansion of the forest estate in Nigeria and its management for sustained yield. Regeneration of the forests at rates higher than exploitation. Conservation and protection of the environment viz: forest, soil, water, flora, fauna and the protection of the forest resources from fires, cattle grazers and illegal encroachment. Development of Forestry industry through the harvesting and utilisation of timber, its derivatives and the reduction of wastes. Wildlife conservation, management and development through the creation and effective management of national parks, game reserves, tourist and recreational facilities, etc.
4.2.3 National Environmental Regulations, S.I 27 of 2009, This Act is directed at the protection of Watershed, Mountainous, Hilly and Catchment Areas. The regulations require every land owner or occupier, while utilizing land in a watershed, mountainous, hilly or catchment area to: observe and respect the carrying capacity of the land; carryout soil conservation measures; carryout measures for the protection of water catchment areas; use the best available environmentally friendly technologies to minimise significant risks and damage to ecological and landscape aspects; and maintain adequate vegetation cover.
An essential element noted in the regulations is the participatory approach admonished in watershed management; institutional arrangements; and fines, to name a few. It also made provisions for incentives, public education and the involvement of local communities.
4.3 International Guidelines International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects recognize this highly especially in development that result in
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RAMP II involuntary resettlement. It is against this background that policies and guidelines have been set for managing such issues. These policies must be complied with by project proponents before these institutions invest in them such as the World Bank Policy on Involuntary Resettlement (OP.4.12).
The World Bank’s policy on involuntary resettlement will be applied in any sub-project of the RAMP II that displaces people from land or productive resources due to land take.
4.3.1 World Bank Policy on Involuntary Resettlement (OP.4.12) and RAMP II Project The Bank’s policy (in paragraph 2) advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement must be conceived and executed as a sustainable development program, where it is inevitable, providing sufficient investment resources to enable persons displaced by the project share in project benefit. Persons displaced must be: i. Duly consulted and should have opportunity to participate in the planning and execution of the resettlement; i. Compensated for their losses at full replacement cost prior to civil works; ii. Assisted with the move and supported during the transitional period in the resettlement site; iii. Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them.
For this NEWMAP nature of project, the World Bank requires the preparation of a Resettlement Policy Framework (which this document stands for prepared in accordance with National and World Bank safeguard policies related to involuntary resettlement {OP4. 12}) to guide the project as sub-projects are selected and specific Resettlement Action Plans (RAPs) for each sub-project are prepared.
4.3.2 Interim Guidelines for Addressing Legacy Issues in World Bank Projects, 2009 The purpose of these guidelines is to provide Bank project teams and Management with guidance on how to address legacy issues related to Safeguards documents when:
The Bank restarts engagement in a project after a significant passage of time, or The Bank becomes engaged significantly late in a project or in a component of a project that is already well underway.
Legacy issues in the context of social impacts are also commonly understood as impacts that remain after a factory, business, mine, or similar project enterprise has ceased operations. This guidance note is not intended to cover such legacy issues because those types of legacy issues may require situation-specific approaches or other approaches not well addressed through the use of the Bank’s Safeguards work.
In the legacy situations, there may be concerns about the consistency of the proposed project and its social Safeguards-related documents with the Bank’s current social Safeguard Policies. These concerns may arise from: a legacy of inadequate social impact assessment; or adequate social impact that was carried out but may have become outdated due to either the passage of time or to significant changes in the local social setting.
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4.4 Nigerian Law and World Bank OP 4.12 on Compensation– A Comparison In Table 4.1, a comparison between compensation in Nigerian Land law and the WB policy is shown. Whereas the law relating to land administration in Nigeria is wide and varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank’s OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by a cut -off date.
The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons. Thus all land to be acquired by the government for this project would be so acquired subject to the Laws of Nigeria and the Bank OP4.12.
In the event of divergence between the two, the World Bank safeguard policy shall take precedence over Nigeria Land Use Act.
Table 4.1: Comparison of Nigerian Law and World Bank OP4.12 regarding compensation S/ Category of Nigerian Law World Bank OP4.12 N PAPS 1 Land Owners Cash compensation based Recommends land-for-land upon market value. compensation. Other compensation is at replacement cost. 2 Land Tenants Entitled to compensation Are entitled to some form of based upon the amount of compensation whatever the legal rights they hold upon land. recognition of their occupancy. 3 Land Users Not entitled to compensation Entitled to compensation for crops, for land, entitled to may be entitled to replacement land compensation for crops. and income must be restored to pre- project levels at least. 4 Owners of Cash compensation based on Entitled to in-kind compensation or “Non market value. cash compensation at full replacement permanent” cost including labor and relocation Buildings expenses, prior to displacement. 5 Owners of Cash Compensation is based Entitled to in-kind compensation or “Permanent” on market value. cash compensation at full replacement buildings cost including labor and relocation expenses, prior to displacement.
The World Bank resettlement policy, OP 4.12 is developed to ensure that the negative impacts of RAMP II development on people do not occur. And even it does occur, the affected persons/people are commensurately compensated for their loss (of land, property or access) in kind e.g. land for land or a combination of land and cash or when it becomes inevitable cash compensation.
It should be noted that massive involuntary displacement in RAMP II is not envisaged. Also RAMP II does not envisage that the project will lead to the acquisition of protected areas (PA) or community resource management areas. However, in the unlikely event that this happens the procedures offered by OP4.12 which is negotiated process framework will be followed.
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Furthermore, it is envisaged that RAMP II is likely to create protected areas that would serve as safe guard measure. In such situation persons who have settled in such areas or who use resources from them (e.g. petty trading, small scale subsistence farming, etc) would be compensated in accordance with OP4.12 and the objective of this RPF as enunciated in the entitlement matrix.
Based on the existing comparison of the compensation systems of Nigeria and the World Bank, entitlement matrix is designed to assist the process by bridging the gaps between requirements under Nigeria Law and the World Bank OP4.12. The higher of the two standards is followed in this entitlement matrix, since this procedure also satisfies the requirements of the lesser standard. The missing values in the entitlement matrix will be determined at the time the resettlement plans (RAPs) are being negotiated and prepared.
Table 4.2: The Entitlement Matrix for Various Categories of PAPs Category Type of ENTITLEMENTS of Loss Compensatio Compensation Compensatio Moving Other PAP n for Loss of for Loss of n for Loss of Allowanc Assistan Structures Land and other Income e ce Assets Property Loss of Full Land crops at None Amount Owners Land Replacement replacement at market rates to be Costs. new site, plus in scarce determin land clearing by season ed by the project SPIU Loss of Compensatio Lump sum For lost rental Moving Disturban Structure n at full payment of 6 income, to be ce or replacement months rent per Lump sum done free Allowanc Business value not tenant cash payment by project e to be depreciated. of 3 months determin rent per ed by tenant. SPIU Residenti Loss of No loss of Replacement No loss of Free Lump al rental structure, no costs for non- income moving if sum Tenant: accommod entitlement to movables if notificatio payment ation housing at installation was n before of 6 new site. agreed with deadline months owner. rent per tenant Business Loss of No Loss Replacement For loss of Free N/A Tenant Premises cost for facilities business moving if that cannot be income, notificatio moved payment of n before half of deadline turnover for 3 months Loss of None Where possible Crops at None Possible Land assistance in market rates employm
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Category Type of ENTITLEMENTS of Loss Compensatio Compensation Compensatio Moving Other PAP n for Loss of for Loss of n for Loss of Allowanc Assistan Structures Land and other Income e ce Assets Encroach securing other in scarce ent with ers access to land season. For civil (using for crops street vendors works Land) growing subject on right of contracto to approval of ways possible rs, etc. local access to and/or authorities/com other amount munities. sites/locations to be determin ed by SPIU Loss of Compensatio None Payments in None Amount Shelter n at full lieu of wages to be Squatters replacement while determin (living on value for rebuilding ed by Site) structure, SPIU relocation to resettlement site, with payment of site rent.
4.5. Methods of Valuing Affected Assets. Valuation methods for affected land and assets would depend on the type of asset. The three land asset types identified under Nigeria law in this policy framework are: (i) State (urban and non urban) owned Land (ii) Privately owned Land (iii) Assets held under Customary Law
State owned land would be allocated free by the Governor or Local Government Chairman (perhaps except for processing and registration fees). The SPIU would be expected to pay compensation to acquire land in this category in cases where the state-owned land is being used by landlords or squatters, settled upon or otherwise being used. Privately owned property, would have to be acquired at the market value. The guiding principle is that whoever was using the land to be acquired would be provided other land of equal size and quality.
However, according to Nigeria law, assets held under customary rights are in the Local Government jurisdictions only and would have to be valued according to the following method and compensation paid for. The project would compensate for assets and investments, including labor, buildings, and other improvements, according to the provisions of the resettlement plan.
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Compensation rates would be market rates as of the date and time that the replacement is to be provided. Compensation would not be made after the entitlement cut-off date in compliance with this policy. Under customary law land belongs to chiefdoms, towns and villages. The permanent loss of any such land will be covered by community compensation, which will be in-kind, only.
All the same, because the Bank’s policy on resettlement (OP 4.12) makes no distinction between statute and customary rights, not only assets and investments will be compensated for, but also land. Thus, a customary land owner or land user on state owned land, will be compensated for land, assets, investments, loss of access etc. at market rates at the time of the loss
Affected persons may be compensated for following effects, which occur as a result of the project: (i) Damage to or loss of land assets. (ii) Damage to or loss of crops, trees or other activities related to livelihood. (iii) Damage to or loss of structures, such housing, enclosures, latrines, shops or other structures related to livelihood/well being.
Forms of compensation may include one of more of the following: (i) Payments in Cash: Cash compensation may be made for damage to or loss of land assets, damage to or loss of trees or other activities related to livelihood and damage to or loss of structures. (ii) Payments in Kind: In-kind compensation may be made for land assets, agricultural assets (such as productive trees) or structures.
Payments in Cash Loss of Crops and Trees: Cash compensation shall be paid for loss of crops and trees, based on replacement values and cover a cash value of the loss estimated until the new crop or tree comes to maturity. Officials of the Ministries of Agriculture, Forestry and Natural Resources will establish the compensation rates. Compensation for trees will take into account the distinction between various types of trees and their economic values; fruit trees compared to non-fruit trees. Fruit trees will be compensated for the value of lost production until another tree comes to the stage of productivity.
Land Assets: For agricultural land, cash compensation shall be based on the replacement value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of land preparation to arrive at the pre-project state of development, plus the cost of any registration and transfer taxes. For land in populated, or urban areas, compensation shall be based on the replacement value of land of equal size and use, with no less than the public infrastructure facilities and services and located on or serving the affected land, plus the cost of any registration and transfer taxes.
Structures: For houses and other structures, cash compensation shall be based on the replacement cost of the materials to build a new replacement structure with an area and quality no less than those of the affected pre-project structure; or to repair a partially affected structure plus the cost of any registration and transfer taxes. Asset depreciation and the salvage materials shall not be taken into account for the above calculations.
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Payments In-Kind In-kind compensation of any of the above-mentioned assets will be provided in the form of materials required to re-erect affected structures at no less than the existing standard of the asset being displaced by the project. Such in-kind compensation will be made prior to the destruction of the pre-project assets, such that no loss of shelter and/or income-generating activities occurs as result of the project.
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5.0: POTENTIAL IMPACTS OF THE PROJECT
This section of the RPF provides information on the potential impact and likely project affected persons that could be displaced or affected in the course of the RAMP II sub-projects in the targeted areas.
5.1 Project Impact As a point of emphasis RAMP II is designed to support participating states and local governments to reduce vulnerability to involuntary resettlement due to road development and construction. This RPF (with the subsequent RAP/ARAP) and other instruments such as the ESMF (and associated EIA/EMP) that shall be designed have the inherent ability to mitigate these negative impacts and enhance the positive impacts such as the following, enhancing access and mobility for the people and movement of agricultural products, creation of new jobs, greater diversity in production and in farmers' income, increase in production, yield and farmers' income dur to improved transportation.
However, the sub-project activities could involve displacement of people physically thereby engendering a negative impact. This forms the basis for the preparation of this RPF and the subsequent resettlement plans.
5.1.1 Identification and Categorization of Loss and Impact It is recognized that RAMP II project will lead to varying degree of land acquisition (small or large scale acquisition) which in turn, could lead to physical displacement from land (e.g. denial of access to usual means of livelihood). It must be noted that project affected persons will be identified by the types of losses they suffer or the impact of the project on them.
Project implementation personnel will: i. Ensure that identification and categorization of the likely loss or impact is undertaken during the planning and design stages of each sub-project; ii. Establish the magnitude and coverage of impacts early in the project planning in order to justify the resettlement instrument to adopt. General categorization of losses will be done to reflect extent of loss in terms of the following: Permanent or Temporary Loss; Full or Partial Loss; Minimal or Significant Loss iii. Determine specific losses or impacts to reflect the exact nature of loss whether visible and tangible or intangible and categorize into the following losses: Physical loss of assets which will be determined by assessing the interest or right to ownership, occupation and possession; Loss of income, loss of livelihood and opportunities to employment; Impacts arising from disturbance/disruptions.
5.2 Project Affected Persons (PAPs) In the context of this RPF, Project Affected Persons (PAPs) as those who stand to lose as a consequence of the project, all or part of their physical and non-physical assets, including homes,
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RAMP II communities, productive lands, resources such as forests, fishing areas or important cultural sites, commercial properties, tenancy, income-earning opportunities as well as social and cultural networks and activities. Such impacts may be permanent or temporary. This might occur through land expropriation, and include restricted or reduced access to legally designated fishing areas, wetlands and protected areas.
Table 5.1: Categories of Likely Losses/Impact Category Type of Loss Loss of Income and Livelihood Business • Loss of rented income • Loss of business goodwill • Loss of business income • Loss of wage income • Loss of fees from trainees or apprentices Impact on • Loss of Business, Residential or Industrial Accommodation or accommodation Room Opportunity to • Loss of training or apprenticeship Livelihood • Loss of multiple income-generating activities Plants & Crops • Loss of economic or perennial trees • Loss of grazing land • Loss of food crops Impacts arising from Disturbance/Disruptions Temporary • Loss of location and expense for moving structure structures Impact on Access to • Disconnection of utility services Utilities Disturbance • Movable assets – incurring removal expenses • Loss of peaceful enjoyment of property • Loss of customers and companions Physical Loss of Assets • Land • Loss of land for residential, agricultural, commercial or industrial use • Structures • Main Buildings • Ancillary Buildings • Fence walls • Shops, kiosks etc • Other Civil works – pavements, concrete kerbs, concrete wells or reservoirs Adapted from Resettlement Handbook
5.2.1 Squatters/Other Land Occupiers PAPs apply to all physically displaced persons regardless of the total number affected, the severity of impact and whether or not they have legal title to the land. Thus squatters or other land occupiers who lack legal title or legal occupancy rights to the land they occupy must be respected as
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RAMP II enunciated in OP4.12. Illegal occupants have the same entitlements as legally titled landowners. Squatters are entitled to assistance in accordance with the objectives of this RPF.
5.2.2 Project Affected Persons Categories Essentially, the PAPs may be classified into three groups: Those who have formal legal rights to the land they occupy; Those who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national, local, or traditional laws including those measures put in place by the draft land policy; or Those who have no recognizable legal right or claim to the land they occupy.
The likely displaced persons can further be categorized into three groups as outlined below: 1. Individuals: These are individuals who risks losing assets, investments, land, property and/or access to natural and/or economic resources as a result of a sub-project. 2. Households: A household is affected if one or more of its members are affected by any sub-project. This includes any member in the households, men, women, children, dependent relatives and, tenants; vulnerable individuals who may be too old or ill to farm along with the others; insofar as displacement due to the sub-project activities creates challenges for which these people are ill prepared.
3. Vulnerable Persons/Groups: The RAMP II project implementation would particularly pay attention to the needs of vulnerable groups among those displaced such as those below the poverty line of $1/day; the landless, the elderly, women and children, the physically challenged other displaced persons who may not be protected through Nigerian land compensation legislation. The objective is to provide whatever additional assistance that may be necessary to restore pre-project living standards of these extraordinary needing persons who are displaced due to the RAMP II activities.
Some of the vulnerable PAPs likely to be found in the proposed project States and who will require special consideration due to physical displacement as a result of land take are highlighted below: a. Internally Displaced Persons- These groups from the past troubles have little or no rights, are often the poorest of the poor, destitute, unskilled, unemployed and unemployable and often shunned by rest of contemporary society. b. Elderly persons Elderly people farm or carry out some other form of work as long as they are able. However, resettlement would damage their economic viability even more than losing land since it will separate them from the person or household on whom they depend for their support. c. Persons Living with HIV/AIDS
It is generally reported that there is a growing trend of people living with aids. Thus PLWA should be paid attention with a view not to compound the woes of their lives. These could readily be identified through health centres and NGOs, etc who support initiatives in this direction and thus adequately compensate them.
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d. Orphans and Street Children These children are more vulnerable since they are often “voiceless” because they have no parents to defend or stand up for them and also because they are considered too young to be heard. Orphaned children engage in any form of economic activity to provide for themselves and their siblings, by engaging in activities such as manual work at open air markets, transporting loads for short distances, scavenging for waste paper and metals and other exploitative employment. Compensation for these orphans and street children, if they are affected by the projects in a way which requires their physical relocation, would take the form of paying for their rehabilitation and training to acquire useful vocational skills. e. Unmarried women and/or Widow-Female-headed Households These are women who may be dependent on sons, brothers, or others for support. Since an affected individual is able to name the person with whom he/she is linked in dependency as part of the household, resettlement will not sever this link.
In addition, in other cases, women are the main breadwinners in their household and therefore need relatively easy access to health service facilities, as mothers and wives. These women should not be resettled in a way that separates them from their households as the very survival of their households may depend on them. Their compensation must take into account all these factors.
f. Small-scale Female Farmers Small-scale female farmers are also vulnerable because they may not have men available within the household to carry out male specific land preparation tasks. Either male relatives in other households help them voluntarily, or they hire men for cash, or food. Land compensation specifically includes the labour costs of preparing new land, so these women are provided for by the compensation plan. g. Non-farming Females These women earn income from other sources and/or depend on relatives for “exchanges” of staple foods. Since they do not farm they will not be affected by the sub-projects need for agricultural land. However, if their buildings lie on land needed by a subproject, they will receive replacement cost compensation.
h. Dependent Persons These are people who are closely tied to their traditional or customary lands and natural resources on these lands, but these lands may not be under legal ownership. Any form of resettlement for local people embodies more serious risks than for any other populations and should consequently be avoided. If this is not feasible, the project will offer affected local and customary people at least compensation and due process available to those with full legal title to land in the case of commercial development of their land under national laws, together with culturally appropriate development opportunities. The project will enter into good faith negotiation with the affected people and document their informed participation and the successful outcome of the negotiation.
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i. The Physically Challenged Persons These include people with handicaps such as blindness, paralysis, difficulties with locomotion, incapacity to work, etc. Priority must be given to these kinds of vulnerable persons who are affected. And the needs of each physically challenged person must be taken into consideration peculiarly. In some cases, it could be necessary for qualified persons to provide direct assistance in locating (or constructing) new housing nearby to relatives who can help care for an invalid or help a widowed mother, providing transitional support (e.g. moving expenses, temporary food supply, etc.), possibly job training and other support needed to allow vulnerable people to resume their lives under conditions at least as good as prevailed before displacement.
The State PMU will have to either involve specialized agencies or provide such care for vulnerable people itself. The idea is not for the state government to become a welfare agency, except insofar as displacement creates challenges for which vulnerable people who are ill prepared. j. Other Vulnerable Groups and Activities As with those listed above, any other member of the society that could be identified as vulnerable should be identified as being particularly vulnerable to land acquisition activities, and as such the following considerations will be made when project sites are identified and PAPs listed:- Special consideration should be paid to these groups outlined above by identifying their needs from the socio-economic and baseline studies undertaken as part of the RAP process. The groups should be individually consulted and given opportunities to participate in the resettlement decision-making process, as well as sub-project activities.
5.3 Approximate Number of PAPs and Potential Relocation Areas Since at present it is not possible to determine the exact location, nature and magnitude of the sub- projects, it is also not possible at this stage to determine/estimate the number of Project Affected Persons. For each sub-project, which might require physical resettlement, the number of PAPs will be established through RAPs which will be elaborated before sub-project implementation.
The location and extent of land take are not known at present and receiving host communities of displaced persons are also not known during the preparation of this RPF.
5.4 Risks to the Success of the RAMP II Project There is no gainsaying the fact that RAMP stands to benefit, in no small measures, the society as is being currently and inherently designed. This is sufficiently acknowledged by the different stake holder consulted in the process of preparing this RPF.
However, there are risks to the success of the project as a whole if the negative social impacts on some of the targeted beneficiaries and/or the potential PAPs are left unmitigated. Lack of adequate attention to all the issues that would involve adequate compensation/replacement could snowball into a conflict which the Bank policy frowns at very much.
The project activities and government level officials may aggravate these tensions by requiring or subtly implying (implicitly or explicitly) that a few should sacrifice for the benefit of the many. It is therefore, particularly important to neutralize as much as possible any socio-economic pressures in Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 40
RAMP II the communities that are likely to be exacerbated by involuntary resettlement, by facilitating the consultation and participation of those persons impacted by the project activities.
Therefore, offering PAPs the opportunity to continue to participate in the planning process that would lead to the preparation of Resettlement Plans is essential and instrumental to the success of the RAMP II.
It is noteworthy that the main objective of this RPF is to ensure that PAPs are meaningfully consulted and involved in the planning process and are adequately compensated to the extent that at least their pre-displacement incomes/status have been restored and that the process had been a fair and transparent one.
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6.0: ORGANIZATIONAL PRINCIPLES AND RESPONSIBILITIES
Resettlement issues will be addressed in the context of the Environment and Social Management Framework, summarized below, with responsibilities:
Table 6.1: The Road Project Cycle Matrix Road Project Phase Activities Responsibilities Cycle Initial site visit & consultations. Consultant; Identification of resettlement Supervision by Scoping and issues and applicable safeguards SPIU/ Enugu State Screening policies PLANNING Ministry of Categorization Environmental and Action plan Mineral Resources, Screening Report FMEH & UD WB No-Objection Preparation of Draft ESMP Consultant; ESMP and Draft RAP Supervision by RAP (if Consultations SPIU/ Enugu State applicable) WB No-Objection Ministry of and Environmental and consultations Mineral Resources FMEH & UD Disclosure Disclosure of draft ESMP/ RAP SPIU/ Enugu State DESIGN locally & to WB InfoShop Ministry of Environmental and Mineral Resources; FMEH & UD, World Bank Finalization Final version of ESMP/RAP Consultant; and Incorporation of ESMP into Supervision by Incorporation contract documents SPIU/SPMC WB No-Objection Implementatio Implementation Contractors; n and Monitoring & reporting on Supervision by EXECUTION monitoring environmental and social SPIU/FPMU/SPMC mitigation measures & the Community POST- Operations Implementation Contractors, RE; CONSTRUCTI and Monitoring & reporting on Supervision by ON maintenance environmental and social SPIU/FPMU/SPMC mitigation measures & the Community
Should the approved Screening Report indicate the need for a RAP, a Resettlement Committee shall be established by the SPIU, which will consist of:
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(i) Local Authorities or other local authorized bodies and the Local Administration, including representatives from the local communities and project affected people. (ii) A Government Surveyor. (iii) A representative from Ministry of Agriculture for agricultural land and other assets; and/or Ministry of lands and surveys, housing/town planning and the environment for houses and other structures, as the case may be. (iv) SPIU coordinator and the environmental and social specialist. (v) A traditional chief or community leader.
The Terms of Reference (TOR), Draft and Final Report for each RAP shall be prepared by the SPIU based on the approved Screening Report and subject to No-objection by the Bank. All Resettlement Action Plans (RAPs) shall be prepared by an independent, qualified consultants and/or NGOs, recruited by the SPIU and approved of by The World Bank before disclosure and implementation.
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7.0: PREPARING AND APPROVING RESETTLEMENT AND COMPENSATION PLANS
This section sets out a “harmonized” step by step process that the RAMP II will take to determine whether the subproject will result in physical displacements, and therefore whether a resettlement action plan (RAP) or abbreviated resettlement plan (ARAP) is required and if so, how to prepare and implement one.
7.1 The Screening Process Each sub project proposed for inclusion in the In the RAMP II projects in each of the four states would be screened and classified according to its social impact.
The steps to be undertaken for each individual Resettlement Plan (RAP /ARAP) include a screening process; a socioeconomic census and land asset inventory of the area; and identification of Project Affected Persons (PAPs). This is followed by the development of a Resettlement Action Plan (RAP) or ARAP; RP review and approval; implementation of the RP (RAP or ARAP) and monitoring of RP (RAP or ARAP) implementation and success. The goal of screening is to identify and consider resettlement issues as early as possible.
As stated earlier, the World Bank policy on Involuntary Resettlement OP4.12 is triggered because RAMP II project will finance infrastructure investments that may lead to loss, denial or restriction of access to economic resources. Since the location of these areas are not known at the time of the preparation of the project, the preparation and disclosure of this RPF by the FGN is a conditionality for appraisal of this project. However, during implementation of this project, in a process defined below, the identification of these areas will be made. At that stage, the Bank’s policy calls for the preparation of individual Resettlement Plans that must be consistent with this RPF. To address the impacts under this policy, resettlement and compensation plans must include measures to ensure that displaced persons are; (a) informed about their options and rights pertaining to resettlement and compensation. (b) consulted on, offered choices among, and provided with technically and economically feasible resettlement and compensation alternatives. (c) provided prompt and effective compensation at full replacement cost for losses of assets and access, attributable to the project. (d) Enabled to restore but preferably, to improve upon their pre-project living standards and conditions.
The first stage in the process of preparing the individual resettlement and compensation plans is the screening process to identify the land/areas that are causing this impact (i.e. resettlement). The resettlement and compensation plans will contain the analysis of alternative sites undertaken during the screening process. Indicative RAMP II Resettlement Screening Form is outlined in Annex 1.
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Fig. 1 depicts the process of scoping for potential resettlement implications at the design and implementation stages of each individual sub-project which.
The screening process would take the form of:
1. General sub- project sub sector classification:
As outlined in the RAMP II project description, classification would take into cognizance interventions that will include structural, vegetative, and adaptive natural resource based livelihood measures, coupled with micro- catchment planning where necessary.
2. Classifying the sub projects by activity into the following categories; Each subproject planned Green & Clean Solutions Ltd, 2009 for implementation under Fig.1: Typical Process for Resettlement Plans (RAP/ARAP) the project shall be screened for possible triggering of OP4.12 (Involuntary Resettlement). In general subprojects for instance that repair and/or rehabilitate existing infrastructure may not trigger the resettlement policy.
Those that entail new construction are more likely to trigger the policy if the activity involves acquisition of land and if displacement or restriction of access may result. Table 5 outlines samples of possible sub project that may be proposed by the communities that would trigger the involuntary resettlement policy with probable social impact
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Table 7.1: Sample of possible sub project that may be proposed by the communities and/or farmer groups that would trigger the involuntary resettlement policy with probable social impact
Sub project Impact? Triggered OP 4.12? (yes/no) Expansion of area or consolidation of parcels for Trigger displacement, improved agricultural Production lack of access, loss of Yes shelter due to take of land. Rehabilitation of some critical tributaries of Trigger displacement, Yes rivers lack of access due to take of land Rehabilitation of catchment area Blockage/lack of access Yes due to take of land Protection and conservation the critical Trigger displacement Yes ecosystem of the watersheds Blockage/lack of access due to take of land Structural land management measures and civil Trigger displacement, Yes works such as cross-drainage, check dams, lack of access, loss of gabions, terracing and other slope stabilization shelter, displacement works, river groynes, geotextiles, afforestation, due to take of land Sharing forests; awareness and capacity building; rehabilitation of livelihoods of previously evicted populations.
Adapted From NEWMAP, 2011
3. Identifying and evaluating potential impacts for each proposed sub project according to whether land is acquired and whether displacement or loss of access may result. Triggering of the resettlement policy would require further preliminary determination of whether the sub project should be proposed or not, based on an assessment of the intensity of the impact and on the mitigation measures that would need to be developed and proposed.
The impact significance of involuntary resettlement as envisaged in the RAMP II can be seen in three ways in relation to the likely sub-projects that could be embarked upon. Any sub-project where 200 or more persons are anticipated to experience adverse impacts or Physical displacement from housing and/or more than 10 percent of the household’s productive assets (income generating) will be lost would require the preparation of a RAP. Any-subject with less than 200 people is anticipated to experience adverse impacts. Displaced from housing, or will lose less than 10 percent of their productive assets (income generating) would require the preparation of an ARAP. A Sub- project with no anticipated resettlement impacts, no acquisition of assets and/or displacement would require no loss of income and restriction
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The Resettlement Plans (Resettlement Action Plan & Abbreviated Resettlement Plan) with time- bound actions and budgets are to be prepared for every sub-project in which there are resettlement effects.
4. Use of the Socio Economic Studies to identify affected people at the household level and vulnerable groups in the sub project impact area(s) and to calculate household economies. The purpose of the socio-economic study is to collect baseline data within the chosen sites thereby enabling the social assessment/survey of potentially affected populations/communities. The socio- economic study would focus on the identification of stakeholders, the participation process, identification of affected people (including owners and users of land) and baseline information on livelihoods and income.
Fig.2: Steps in Social Screening Process (Adapted From NEWMAP, 2011
Each sub-project will provide a census of persons adversely affected by it. The socioeconomic study should focus on such issues as livelihoods, household and compound composition, clan and sub-clan organization, other forms of social organization, ethnic groups, traditional and non- traditional leadership and other factors in the area, conflict and other issues relevant to the
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RAMP II implementation of a resettlement plan. The census should include information on all income sources including remittances. The terms of reference for conducting an SA are indicated as Annex 2.
7.2. Preparation of individual resettlement and compensation plans.
The RAPs provides a link between the impacts identified and proposed mitigation measures to realize the objectives of involuntary resettlement. The RAPs will take into account magnitude of impacts and accordingly prepare a resettlement plan that is consistent with this framework for Bank approval before the sub-project is accepted for Bank financing. Fig. 2 above outlined steps in social screening process for RAP/ARAP preparation.
Boxes 1-3: Outline of ARAP, RAP & Process Framework Adapted from NEWMAP 2011
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The preparations of RAPs are anticipated to be undertaken by a private consultant commissioned for this particular task. It will be prepared in consultation with affected parties, particularly in relation to the cut-off date for eligibility, disturbances to livelihoods and income-earning activities, methods of valuation, compensation payments, potential assistance and timeframes. Three types of resettlement instruments supported by the Bank’s policy could be needed in the, namely: Resettlement Abbreviated Action Plan, Resettlement Action Plan and Process Framework as outlined in Boxes 1- 3, which are also indicative of outline of RAP and ARAP as OP4.12, are provided in Annex 5. More detailed guidelines for preparing a these instruments are available in Annex 3 and on the World Bank’s website (www.worldbank.org) or in the World Bank’s Resettlement and Rehabilitation Guidebook.
7.3 Review and Submission of RAP/ARAP (RP) to Project Authorities Following completion of the RAP (RAP/ARAP) for a sub-project, the RAP must be submitted for approval by the Consultant to the PMU. All RPs shall be submitted through PMUs for the review and clearance of the FMENV and the World Bank to ensure compliance with relevant legislations and OP4.12, respectively.
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8.0 ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF AFFECTED PERSONS
In this Section, eligibility criteria, which are necessary to determine who will be eligible for resettlement and benefits and to discourage inflow of ineligible persons are set out.
8.1 Eligibility Criteria for Various Categories of Project Affected Persons PAPs will be entitled to compensation based on the status of their occupation of the potential project area. Under the WB's OP 4.12, PAPs are defined as those who are affected by project activities which result in: Relocation or loss of shelter Loss of assets or access to assets; and/or Loss of income source, business or means of livelihood, whether or not affected person must move to another location
8.2 Eligibility All PAPs irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the project area before the cut-off date. Persons who occupied the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance.
All persons residing, conducting activities or earning income within the project affected areas at the cut-off-date, which is the last day of inventory of loss will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows: Person who have formal right to land (including customary and traditional rights recognised under Nigerian law); Persons with temporary or leased rights to use land; and Persons who do not have formal legal right to lands or other assets at the time of the census, but who have claim to such legal rights by virtue of occupation or use of those assets. Businesses within the community Those who do not have the legal title to land but reside in the affected area before the cut-off-date will be compensated for properties such as houses and other investment on the land, but will not be compensated for the land.
To achieve the objectives set in this RPF, persons who encroached into the project affected area after the cut –off-date are not entitled to compensation or any form of assistance. Table 4 shows eligibility criteria for PAPs classified in this report.
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Table 8.1: Eligibility Criteria for Compensation PAP Classification Eligible for Compensation No Compensation Assistance Those with legal right Land or asset For land, assets, and Assistance as structure on the land after needed the cut-off-date Those with temporary or Land and assets For land, assets, and Assistance as leased rights at cut-offdate structure on the land after needed the cut-off-date Those with no legally Assets only Assistance as recognized right but needed arrived before cut-off date. Those who arrived after None None None cut-off-date Those with business Assets and lost For business located in Assistance as located within the income as a community after the needed community result of lost cutoff- business during date and outside the project duration affected area.
The World Bank’s OP 4.12 guidelines require* compensation for lost, or impacted, assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihood. In this project, the absence of formal titles should not constitute a barrier to resettlement assistance and rehabilitation. . The principles adopted entails special measures and assistance for vulnerable affected persons, such as female-headed households, disabled persons, migrants and the poor. PAPs affected through land acquisition, relocation loss of residence and structures, and business enterprise are entitled to a combination of compensation measures and resettlement assistance, depending on ownership right and lost assets. PAP will be entitled to compensation and resettlement assistance that will help in the restoration of their livelihoods to at least, pre-project standards.
8.3 CUT-OFF DATE
A census of all categories of losses and PAPs will be undertaken based on the categorizations in the entitlement matrix provided in this RPF document. If new categories of PAPs and other types of losses are identified in a particular subproject, the entitlements in the matrix will be revised as necessary. To avoid an influx of outsiders to subproject areas and misuse of the compensation policy, the date of the census will serve as the cut-off date for eligibility and no new PAPs will be eligible for compensation after this date. The cut-off date will be announced and made public through appropriate means of reach-out such as radio advertisement during the community awareness campaigns. The detailed census of PAPs will be appended to the RAP/ARAPS. Subprojects should only be approved if they include at least a preliminary RAP and budget.
The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas thereby posing a risk to the subproject. Such opportunistic invasions
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RAMP II could be by individual encroachers, newly formed families (e.g. households formed after the cutoff date) and persons making improvements to their homes or businesses who will not be compensated after the cutoff date. Therefore, establishment of a cut-off date is of critical importance. Because the time period between the cut-off date and the time actual productive investments would start, bearing also in mind that only after PAPs have been compensated and any replacement structures built according to the requirements of this RPF, special attention needs to be taken to secure the sites from rush and opportunistic invasion. These measures should include close consultation with the recognized PAP’s, signs that inform general public of intended use of site, security patrols to identify opportunistic invaders etc.
Nevertheless, if works are not initiated two years or more pass after declaration of a cutoff date, a new census and evaluation of properties must be carried out.
8.4 Proof of Eligibility The PMUs will consider various forms of evidence as proof of eligibility to cover: Affected persons with legal/formal legal rights, documented in the form of certificates of occupancy, tenancy agreements, rent receipts, building and planning permits, business operating licenses, utility bills among others. Unprocessed/unregistered formal legal documents will not bar eligibility and procedures for confirming authenticity of such documents will be established in the RAP. Affected persons with no formal or recognized legal rights . Criteria for establishing non-formal, undocumented or unrecognised claims to eligibility shall be established paying particular attention to each situation and its peculiarities. Alternative means of proof of eligibility will include: - Affidavit signed by landlords and tenants - Witnessing or evidence by recognized trade union heads, traditional authority, customary heads, community elders, family heads and elders and the general community.
8.5 Eligibility for Community Compensation It is important to note that the eligibility may be claimed collectively e.g. as a community or religious group. Communities permanently losing land and/or access to assets and or resources under statutory/customary rights will be eligible for compensation. Example of community compensation includes public toilets, market places, taxi parks, schools and health centres. The rationale for this is to ensure that the pre-project socio-economic status of communities adversely impacted is also restored. The local community leaders will play a crucial role in identifying users of land. Eligibility criteria will also be determined by the status of development up to when the study starts and will further be determined by other development approval as issued by the government. The consultant will interview key government officers in the various local government Areas.
8.6 Defining Entitlements and Preparing an Entitlement Matrix The basis of what is to be paid as compensation will be determined by identifying the most appropriate entitlement for each loss. Based on the entitlements, options for resettlement would be selected in accordance with Bank Policy OP 4.12 (6a (ii)) and the merits of the option.
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The RAP planner will prepare an entitlement matrix with respect to both temporary and permanent displacement. This matrix will set the measure for the payment for all losses or impacts. It will also list the type of loss, criteria for eligibility and define entitlements as presented in Tables 8.1 and 8.2 respectively.
Based on this comparison, entitlement matrix presented below is designed to assist the process by bridging the gaps between requirements under Nigeria Law and the World Bank OP4.12. The higher of the two standards is followed in this entitlement matrix, since this procedure also satisfies the requirements of the lesser standard. The missing values in the entitlement matrix will be determined at the time the resettlement plans (RAPs) are being negotiated and prepared.
Table 8.2: Entitlement Matrix Type of Loss Entitled Person Description of Entitlement 1. Permanent loss of 1.1 (a)Legal owners of 1.1 (a) Cash compensation at replacement value land land based on market rate plus 10% compulsory 1.1 (b)Occupancy/Hereditary acquisition surcharge Cultivable/residential tenant (b) & (c) Compensation will be paid as plus a /commercial land one- time lump sum grant for restoration of livelihood and assistance for relocation. . 2. Damage to land 2.1. (a)Legal owner/s 2. 1 (a) & (b) Restoration of land to pre- (such as abutting (b) Village/s or clan/s construction condition or cash compensation at sub-project site) with customary prevailing rates for necessary bulldozer/ tractor 2.1. By excavation ownership hours to restoring level and/or truckloads of etc. from borrows for 2.2. (a)Legal owner/s earth for fill earth for (b) Village/s or clan/s 2.2 Provision of water course to connect severed construction. with customary segment with source of water 2.2 By severance of ownership agricultural holding 3. Loss of income 3.1.Cultivator occupying 3.1. Estimated net income for each lost cropping and livelihood land season, based on land record averages of crops 3.1. Temporary loss and area planted in the previous four years of access to land for cultivation 3.2. Loss of 3.2. (a) Owner/s of crops 3.2. (a) Cash compensation for loss of agricultural crops, or trees. Includes crops agricultural crops at current market value of and fruit and wood trees owned by mature crops, based on average production. trees. encroachers/squatters Compensation for loss of fruit trees for average 3.3 Loss of income (b) /tenant fruit production for next 15 years to be by agricultural 3.3 Persons working on computed at current market value. tenants because of the affected lands Compensation for loss of wood-trees at current loss of land they market value of wood (timber or firewood, as were cultivating the case may be). 3.2. (b) Partial compensation to tenants for loss of their crops/trees as per due share or agreement (verbal or written)
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Table 8.2: Entitlement Matrix Type of Loss Entitled Person Description of Entitlement 3.3 One-time lump sum grant to agricultural tenants (permanent, short-term or long-term agricultural labor (this will be in addition to their shares in crop/tree compensation) 4. Permanent loss of 4.1. (a)Owners of the 4.1. (a) Cash compensation for loss of built-up Structures structures whether or not structures at full replacement costs 4.1 Residential and the land on which the Owners of affected structures will be allowed to commercial structure stands is legally take/reuse their salvageable materials for structures occupied rebuilding/rehabilitation of structure. In case of relocation, transfer allowance to cover (b) Renters cost of Shifting (transport plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. (b) One time cash assistance equivalent to 4 months rent moving to alternate premise. Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates. 4.2. Cultural, 4.2. School, church, 4.2. Complete rehabilitation/restoration by the Religious, and water channels, Project; or, Cash compensation for restoring community pathways, and other affected cultural/community structures and structures /facilities community installations, to the recognized patron/custodian. structures/installations 5. Special provision 5.1 Women headed 5. Needs based special assistance to be provided for vulnerable APs households, disabled or either in cash or in kind. 5.1.Restablishing elderly persons and the and/or enhancing landless livelihood 5.2 Change in 5.2. (a) Vulnerable APs, 5.2 (a) &(b).Restoration of livelihood Livelihood for particularly Women (vocational training) and subsistence allowance women and other enrolled in a vocational @ agreed rate per day for a total of 6 months vulnerable APs that training facility while enrolled in a vocational training facility need to substitute 5.2. (b) owner/s whose their income because landholding has been of adverse impact reduced to less than 5 acres Unanticipated The Project team will deal with any unanticipated consequences of the adverse impact due Project during and after project implementation in the light and spirit of the to project principle of the entitlement matrix. intervention or associated activity
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9.0 METHODS FOR VALUING ASSETS AND COMPENSATION ARRANGEMENT
This Section sets out the detailed requirements for determining the value of affected assets.
9.1 Organization Procedures for Valuation of Acquired Land Valuation methods for affected land and assets would depend on the type of asset. The following land asset types identified under Nigeria law in this policy framework include:
9.2 State (urban and non urban) owned Land State owned land would be allocated free by the Governor or Local Government (perhaps except for processing and registration fees). The State Agency would be expected to pay compensation to acquire land in this category in cases where the state-owned land is being used by landlords or squatters, settled upon or otherwise being used.
9.2.1 Privately owned Land Privately owned property, would have to be acquired at the market value. The guiding principle is that whoever was using the land to be acquired would be provided other land of equal size and quality.
9.3 Assets held under Customary Law According to Nigeria law, assets held under customary rights are in the Local Government jurisdictions only and would have to be valued according to the following method and compensation paid for. The project would compensate for assets and investments, including labor, buildings, and other improvements, according to the provisions of the resettlement plan. Compensation rates would be market rates as of the date and time that the replacement is to be provided. Compensation would not be made after the entitlement cut-off date in compliance with this policy. Under customary law land belongs to chiefdoms, towns and villages. The permanent loss of any such land will be covered by community compensation, which will be in-kind, only. However, because the Bank’s policy on resettlement (OP4.12) makes no distinction between statute and customary rights, not only assets and investments will be compensated for, but also land. Thus, a customary land owner or land user on state owned land will be compensated for land, assets, investments, loss of access etc. at market rates at the time of the loss.
9.4 Method of Valuation In ensuring that during the project implementation, PAPs will be provided full replacement cost of lost structures and other impacted assets and are able to rebuild or replace their structures/assets without difficulties. The valuation will estimate asset compensation rates based on full replacement Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 55
RAMP II cost without depreciation (Table 9.1). The replacement cost approach is based on the premise that the costs of replacing productive assets is based on damages caused by project operations. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on on-site management practices and thereby prevent damage. The approach involves direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, moving expenses and other transaction costs.
Relevant data to be captured during valuation will include: • Location details of the land, boundaries of the area/section of the land to be affected • Affected immovable properties: detailed measurement of buildings, shops, other assets, and structures; • Property details including noting accommodation, constructional details of affected property external works (fence walls, gates, pavements) affected details etc were relevant. • Categorizing temporary structures based on constructional details (wall materials), size of structure and use of structure (business/residential/institutional/agricultural); and, • Data on households affected (tenants, owners, relatives apprentices/trainees and livelihood).
The basis of valuation would comply with the stated legal provisions and this necessitate that the basis of valuation must assess the "Open Market Capital Value” which is usually the Replacement Cost. It must be emphasized that valuation must be based on comparisons to recent comparable transactions/costs and comparable assets or land and not simply on general tables that may be out of date and may be based on non-comparable assets or land.
Table 9.1: Method of Valuation S/N Loss of Land Comparative Sales Based on the open market value o Method of comparable recent land transactions 1 Loss of Buildings, structures Replacement Cost Full replacement cost value as if and other civil works Method or Comparative new – recent construction cost Sales Method (which rates ever gives a commensurate value) 2 Loss of Business Income Comparative Method Based on the average monthly net and Loss of Business profit Goodwill 3 - Loss of Income from Rent Comparative Sales Based on the comparable rent and Expenditure Incurred Method passing, rent advance paid for Alternative Accommodation during reinstatement period 4 - Expenditure incurred for Comparative Method Based on truck/transport hiring Transfer of movable charges properties and temporary structures
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S/N Loss of Land Comparative Sales Based on the open market value o Method of comparable recent land transactions 5 - Loss of Wages, -Loss of Comparative Method Based on Current Fees and Fees from Apprentice, - Wages Loss of Job Training 6 Loss of access to land used Comparative method Based on Crop compensation for Resettlement assistance:. agriculture Economic Rehabilitation assistance:
9.5 Methods of Compensation Individual and household compensation will be made in cash, in kind, and/or through assistance in the knowledge and presence of both man and wife and adult children or other relevant stakeholders where applicable (Box 4). The type of compensation will be an individual choice although every effort will be made to instill the importance and preference of accepting in kind compensation if the loss amounts to more that 20% of the total loss of subsistence assets.
It should be noted that when land holdings necessary for the livelihood of affected persons is taken away or reduced in size by project works, OP4.12 clearly states that the preferred form of compensation is to offer an equivalent parcel of land elsewhere, i.e. “land for land.” Such land is not always available, but cash compensation is not the preferred form of compensation in such cases. Thus in such case it is suggested that the following options be adopted, in order of : 1. Land for land 2. Compensation of land and cash or 3. When it becomes inevitable cash compensation
It is also important to note that, under this policy, cash compensation is only appropriate where there is a market for land or other lost assets in the area of the impact. If all the available land in the area is controlled by the State or by kinship groups such as clans and there is no functioning land market, it is unacceptable to offer cash compensation to, say, a farmer, when he/she has no possibility of acquiring new land in the same area.
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9.6 Entitlement for Compensation Entitlements for compensation shall be based on the eligibility criteria and the various categories of losses identified in this RPF and the actual field consultations during the preparation of the RAP/ARAP. Unless otherwise indicated, payment of compensation and other entitlements and the extension of assistance will be made to PAP households and individual PAPs, as the case may be. In dealing with compensation, preference shall be given to land based resettlement strategies for PAPs whose livelihoods are land-based.
Where sufficient land is not available at a reasonable price, non-land based options centred on opportunities for employment or self re-employment should be provided in Box 4: Compensation Process Steps addition to cash compensation for land and other assets lost. Adapted from NEWMAP, 2011 However this lack of land shall be documented and justified. In addition to these entitlements, households who are found in difficult situations and are at greater risk of impoverishment (i.e. widowed household heads, households without employment, single parent households etc) as identified by the census will be provided with appropriate assistance by the project. Assistance may be in form of food, temporary accommodation, medical subsidy, employment referrals or priority employment in project activities. The assistance is meant to help them cope with the impacts caused by the project.
9.6.1 Arrangements for Compensation A Compensation and Relocation Committee would be set up and be responsible for planning, coordinating and monitoring of compensation and relocation activities. The compensation process for the subproject will involve several steps to be carried out in accordance with the resettlement and compensation plan and the RAP (Box 5). This would be in accordance with the individual project resettlement and compensation plans as outlined below:
1. Public Participation This process seeks the involvement and wishes of the PAPs and the communities in a participatory approach with the project, from the beginning to implementation. Box 5: Forms of Compensation
Adapted from NEWMAP, 2011 Public participation with local communities will be an ongoing process throughout resettlement planning and this would have taken off at the screening stage. PAPs will be notified during the identification of subprojects and consulted with as part of the screening process.
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The subsequent socio-economic survey will record all relevant information about the PAPs, and ensure that this is accurately reflected in the RAP in order to allocate the appropriate compensation. Periodic monitoring will ensure that PAPs have been consulted and that compensation and relocation has been carried out satisfactorily. This would ensure that no affected individual/household is simply “notified” one day that they are affected in this way.
2. Notification Landowners will be notified by the SA of that their property is required for development of the subproject. The user will be informed through both a formal notification, both written and verbal, to be delivered in the presence of the community heads and the Coordination Committee. To ensure that any sensitive areas are accurately identified during this procedure, all necessary community heads, religious leaders, other elders and individuals will accompany the project team to the site.
4. Documentation of Holdings and Assets The PMU officials and the local community will arrange meetings with the project affected persons to discuss the compensation process. For each individual or household affected, the project officials completes a compensation dossier containing necessary personal information on, the affected party and those individuals considered as household members, total land holdings, inventory of assets affected, and information for monitoring future arrangements. The dossier must be confirmed and witnessed by village/community officials and will be kept up-to-date. This is necessary because it ensures monitoring of an individual over time. All claims and assets should be documented in writing.
5. Agreement on Compensation and Preparation of Contracts The types of compensation must be clearly explained to the individual or household involved. The PMU will draw up a contract, listing all property and/or land being surrendered, and the types of compensation (cash and/or in-kind). A person selecting in-kind compensation has an order form, which is signed and witnessed. The compensation contract and the grievance redress mechanisms are to be read aloud in the presence of the affected party and the representative of the local government chairman (or his/her representative), the project officials, and other community leaders prior to signing.
6. Compensation Payments All handing over of property such as land and buildings and compensation payments will be made in the presence of the affected party, representative of the state environmental agency and the community officials.
9.6.2 Community Compensation Payments Community compensation will be in-kind only for a community as a whole in the form of reconstruction of the structure to at least the same standard or equivalent better standard to that being built by the program in the area to serve the same function. Examples of community compensation include; School Building (public or religious), Public Toilets, Well or borehole, Market Place, Taxi Park, Road, Storage warehouse, etc.
Community compensation may in itself require land take and people may be affected, thus a change of impacts which will be compensated.
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9.7 Procedures for Delivery of Compensation The procedure for delivery of compensation will be detailed in each RAP. The PMUs will follow approved procedures ensuring that: Full payment of compensation is carried out before possession of acquired sites PMUs formally make offers to affected persons and allow persons to accept or reject offer, offer a counter claim and seek redress under the grievance procedures established Land/Asset valuation committee communicates the amount to be paid to the acquiring agency and the Ministry of lands will ensure that the amounts are fair and adequate. Cheques shall be the preferred and first mode of payment; however payment may be by banker’s draft where the amounts involved are “minimal”. PMUs shall make arrangements with nearest bank to effect payments by banker’s draft; Payments are made to the affected person personally by the State Agency in the presence of Land/Asset Valuation Committee and an independent witness of the affected person/opinion leader Proper receipts are issued and copies given to the affected person, the Finance Department of the State Agency and the Land/Asset Valuation committee; Comprehensive reports on payment made are submitted for review by Management of the PMUs and the Land/Asset Valuation committee.
9.8 Mechanism for Voluntary Donation of Land: Procedure and Records The Project anticipates land for widening of existing setbacks or sub-project management to be donated by communities or individuals that will be directly benefited by RAMP II on a voluntary basis. This RPF recognizes that these voluntary donations should not severely affect the living standards of PAPs and that the community agrees to replace any of their losses. In addition, the Policy requires that voluntary donations are confirmed and verified by an independent third party. The following procedures, records and safeguards will be adhered to by the project and included in respective RAPs of subprojects, which involve voluntary donations of land and other assets:
1. Site Selection Consultations While selecting a site for a structure for any of the sub-projects or activities associated with the sub- projects, conduct detailed consultations with customarily recognized or legally titled landowners and any non-titled affected people, such as squatters, tenants, and herders that may have traditional access to these areas. The PMU/project team will facilitate meetings to reach consensus for locations that have least adverse impact. The donors of such land could be a community/clan or sub-clan that owns undivided land collectively or as individuals.
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2. Replacement of Losses of the Vulnerable and Poor Where site selection severely affects the living standards of PAPs, the project will undertake to replace the loss by relocating them to a similar location with comparable resources within the same community or paying reasonable compensation that is acceptable to them. To help facilitate a mutual understanding of ‘reasonable compensation,’ the Project team will guide both parties in line with the compensation and valuation principles in the Project’s Entitlement Matrix.
3. Record of Communally-Guaranteed Amelioration Measures, Third Party Verification, and Grievance Redress Agreed measures to replace losses of people severely affected by the donations will be verbally accepted by all the PAPs (recognized heads of each household) in the presence of a mutually agreed third party and documented on an affidavit which shall include a description of the amelioration measures guaranteed by the community. The donor community will be represented by a recognized elder(s) of clan(s) or sub-clan(s) who will affix their signatures and/or thumb impressions on the affidavit. The NGOs that are present or involved in facilitating the community mobilization will play the role of the third party. The NGO will also affix their signatures and/or thumb impressions on the affidavit. Construction will only proceed after the donor community has replaced losses through agreed measures and the amelioration has been verified by the PAPs themselves to the mutually agreed third party, verbally and documented in an affidavit to which all PAPs (recognized heads of each household) and the third party affix their signatures and/or thumb impressions. The PAPs will be informed of voluntary donation procedures as part of the disclosure policy of the Project and have access to the grievance redress mechanism outline in this RPF.
4. Record of Donation and Verified Transfer by Legal Authority Donations by the community or an individual will be documented on an affidavit and confirmed verbally by the individual owner or a recognized elder(s) of clan(s) or sub-clan(s) in front or in the presence of two witnesses known from the same community certifying the identity of the donors. The donors and witnesses will affix their signatures and /or thumb impressions on the affidavit and the land will be transferred in the name of the community organization (CO) of the respective subproject.
5. Report on Subproject Voluntary Donation Process and Documents The Project team shall compile a report of the above described process and records and documents and submit it to the PMU who shall certify and forward a copy to the Bank prior to the commencement of the civil works
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10.0 GRIEVANCE MECHANISMS
Grievance mechanisms are increasingly important for development projects where ongoing risks or adverse impacts are anticipated. For RAMP II, grievances are likely to arise due to the following: failure to register PAP or identity of individual is disputed; losses not identified correctly; inadequate assistance or not as per entitlement matrix; dispute about ownership; delay in disbursement of assistance; and Improper distribution of assistance
To manage these social risks and others which cannot be foreseen now with a view to ensuring successful project development and implementation, experience has revealed that open dialogue and collaborative grievance resolution represent the best practice. The grievance mechanisms Provide a way to reduce risk for projects, Provide an effective avenue for expressing concerns and achieving remedies for communities, and Promote a mutually constructive relationship. Prevent and address community concerns, and Assist larger processes that create positive social change.
10.1 Grievance Redress Mechanisms Grievance redressing mechanism is an important aspect in projects involving land acquisition or displacement. The redressing of grievance is important to avoid unnecessary legal delays and cost overrun of the project. Also, this is a forum for people to express their dissatisfaction over compensation and R&R provisions.
A Function of Resettlement Implementation Committee shall be constituted within the PMU to monitor and review the progress of implementation of the scheme or plan of rehabilitation and resettlement of the affected families and to carry out post implementation social audits. The main functions of the Committee are spelt out below: publicize within the list of affected persons and the functioning of the grievance redressal procedure established; evaluate grievances from affected persons concerning the application to them of the Entitlement Policy; recommend to the Social Officer, PIU as the case may be, solutions to such grievances from affected persons; communicate the decisions to the Claimants; hear appeals from persons, households or groups who, not being affected persons, believe that they are qualified to be recognized as affected persons, to recommend to the PIU whether such persons should be recognized as affected persons, and to communicate the decision of the PIU in that regard to the Claimants;
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ensure that all notices, forms, and other documentation required by Claimants are made available in Local language understood by people
10.1.1 Grievance redress process At the time that the individual resettlement plans are approved and individual compensation contracts are signed, affected individuals and communities will have been informed of the process for expressing dissatisfaction and to seek redress. The grievance procedure will be simple and administered as far as possible at the local levels to facilitate access, flexibility and ensure transparency. All the grievances will be channeled via the Resettlement and Compensation Committee for each sub project at the sector level.
There is no ideal model or one-size-fits-all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, local customs and project conditions and scale. In its simplest form, grievance mechanisms can be broken down into the following primary components: Receive and register a complaint Screen and assess the complaint Formulate a response Select a resolution approach Implement the approach Settle the issues Track and evaluate results Learn from the experience and communicate back to all parties involved.
10.1.2 Expectation When Grievances Arise When local people present a grievance, they generally expect to receive one or more of the following: acknowledgement of their problem, an honest response to questions/issues brought forward, an apology, adequate compensation, modification of the conduct that caused the grievance and some other fair remedies
In voicing their concerns, they also expect to be heard and taken seriously. Therefore, the company, contractors, or government officials must convince people that they can voice grievances and work to resolve them without retaliation.
To address these challenges, companies are being called upon to lead and work with their host communities to fund non-judicial, dialogue-based approaches for preventing and addressing community grievances.
Fig.3 gives a process flowchart for the grievance mechanism. Suffice it to say, that the overall process of grievance shall take the following way: During the initial stages of the valuation process, the affected persons are given copies of grievance procedures as a guide on how to handle the grievances The process of grievance redress will start with registration of the grievances to be addressed for reference, and to enable progress updates of the cases. An example of a grievance redresses form in provided in Annex 5.
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The project will use a local mechanism, which includes peers and local leaders of the affected people. These will ensure equity across cases; they eliminate nuisance claims and satisfy legitimate claimants at low cost The response time will depend on the issue to be addressed but it should be addressed with efficiency. Nevertheless, Grievance form will be filled by person affected by the project with the Grievance Redress Committee which will act on it within 10 working days on receipt. If no understanding or amicable solution is reached, or the affected person does not receive a response from the local Rehabilitation and Resettlement Committee within 15 working days, the affected person can appeal to a designated office in the PMU, which should act on the complaint/grievance within 15 working days of its filing. Compensation will be paid to individual PAPs only after a written consent of the PAPs, including both husband and wife. All reasonable moves must be made to settle any arising grievance amicably. If affected person is not satisfied with the decision received, he/she can, as a last resort, appeal to a court of competent jurisdiction. Affected persons will be exempted from all administrative and legal fees incurred pursuant to grievance redress procedures
For RAMP II projects, it is recognized that the formal legal mechanisms for grievance redress tend to be lengthy and acrimonious procedures, and thus an informal grievance redress mechanism through the PMU Safeguard Units will be established. This unit will work with a committee comprising administrative head of local governments; community/village chiefs, NGOs/CBOs and other relevant Government organs that will be set-up to address complaints. The grievance redress mechanisms is designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time.
For this reason, handling grievances will begin with the Local Government. A grievance log will be established by the project and copies of the records kept with all the relevant authorities. In addition, where displacement is unavoidable and displaced people are dissatisfied with the compensation and rehabilitation, The State Agencies will establish an informal forum for the presentation and consideration of individual complaints. The informal forum will include local government, and other concerned responsible parties, as deemed appropriate them.
The existence, location, purpose and composition of this forum will be publicized, so that displaced persons are knowledgeable about the availability of this forum for resolving any grievance. If a grievance cannot be resolved in these informal venues, the complainant may take recourse to the administrative and legal systems for satisfaction.
10.1.3 Management of Reported Grievances The procedure for managing grievances should be as follows: The affected person should file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing to the subproject Resettlement and Compensation. This committee does not currently exist, but is proposed as part of the RPF implementation arrangements. The grievance note should be signed and dated by the aggrieved person. A selected member of the Committee will act as the Project Liaison Officer who will be the direct liaison with PAPs (this should be the Social representative) in collaboration with an independent agency/NGO person ensure to objectivity in the grievance
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process. Where the affected person is unable to write, the local Project Liaison Officer will write the note on the aggrieved person’s behalf.
Any informal grievances will also be documented.
10.1.4 Grievance Log The Project Liaison officer will ensure that each complaint has an individual reference number, and
Registration of grievance with the is appropriately tracked and Grievance Redress Committee recorded actions are completed. A sample of a Grievance mechanism Treatment of grievance Form is included in Annex 8. The
Closure of grievance by log also contains a record of the Committee person responsible for an individual complaint, and records Is complainant satisfied with Yes No Committee decision dates for the following events:
Closure of grievance by Resort to grievance date the complaint was Committee reported; Grievance processing by date the Grievance Log Committee was uploaded onto the project database; Response of the Committee date information on Yes Is complainant satisfied Closure of complaint proposed corrective action with decision sent to complainant (if
appropriate) PCU or Court the date the complaint was Fig. 3: Flowchart for Grievance Mechanism closed out adapted from NEWMAP, 2011 date response was sent to complainant.
10.1.5 Monitoring Complaints The Project Liaison Officer will be responsible for: providing the sub-project Resettlement and Compensation Committee with a weekly report detailing the number and status of complaints any outstanding issues to be addressed monthly reports, including analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action.
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11.0: IMPLEMENTATION SCHEDULE, LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS AND RPF IMPLEMENTATION BUDGET
This section emphasizes that in each sub-project, resettlement schedules will be coordinated with construction schedules. All resettlement activities arising out of the works to be implemented in a given year will be completed prior to the scheduled start-up date of those works on the respective sub-project, and prior to disbursements of funds for activities related to the respective sub-project.
11.1 Important principles in Project Implementation The project will adhere to the following important principles in its implementation: No civil works contracts for proposed projects site will be initiated unless land free of any encumbrance is made available; this could be done in phases. No construction should be undertaken unless PAPs are compensated for their losses, and have received their resettlement entitlements. That is, before any project activity is implemented, PAPs will need to be compensated in accordance with the resettlement policy framework. For activities involving land acquisition or loss, denial or restriction to access, it is further required that these measures include provision of compensation and of other assistance required for relocation prior to displacement and preparation of resettlement sites with adequate facilities, where required. Taking of land and related assets may take place only after compensation has been paid and where applicable, resettlement sites and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the individual RAPs. The measures to ensure compliance with this RPF will be included in the RAPs that will be prepared for each land involving resettlement or compensation. There will be transition arrangements for displaced families until they get their replacement housing. Information sharing and consultation with PAPs will continue throughout the planning and implementation phase of the program, including the relocation and the restoration of livelihoods. A completion survey of the delivery of compensation and resettlement entitlements will be undertaken as per the RPF requirement. The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs. These include the o target dates for start and completion of civil works, o timetables for transfers of completed civil works to PAPs, and o dates of possession of land that PAPs are using. The dates must be after transfer date for completed civil works to PAPs and payments of all compensation. How these activities are linked to the implementation of the overall subproject must also be agreed between the parties.
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11.2 Linking RAPs and Civil works In compliance with this policy, the screening process must ensure that RAPs contain acceptable measures that link resettlement activity to civil works. Fig.5 shows a process flow of the various activities indicative of approximate timing.
The timing mechanism of these measures would ensure that no individual or affected household would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual or community affected.
Once the resettlement plan is approved by the state agencies, as well as local and national authorities, the resettlement plan should be sent to the World Bank for final review and approval and disclosure.
11.3 Implementation process The timing of the resettlement will be coordinated with the implementation of the main investment component of the project requiring resettlement. All RAPs will include an implementation schedule for each activity covering initial baseline and preparation, actual relocation, and post relocation economic and social activities. The plan should include a target date when the expected benefits for resettled persons and hosts would be achieved. Arrangements for monitoring implementation of resettlement and evaluating its impact will be developed during project preparation and used during supervision. Monitoring provides both a warning system for project managers and a channel for resettled persons to make known their needs and their reactions to resettlement execution.
Target dates for achievement of expected benefits to resettled persons and hosts should be set and the various forms of assistance to the resettled persons should be disseminated to them (Annex 8). Planning and coordination of the tasks of the various actors is crucial to successful implementation. To achieve this, workshops will be organized with the stakeholders and other relevant government agencies, at project launching and at the commencement of every subproject identified to have adverse social impacts. The workshops will focus on the following: taking stock of the legal framework for compensation settling institutional arrangements and mechanisms for payment of compensation defining tasks and responsibilities of each stakeholder establishing a work plan.
The stakeholders will be requested to participate in the decision making process and provide inputs in the area of their expertise in order to establish a coherent work plan or schedule. To approve RAPs would be to confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works in compliance with the World Bank policy.
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Courtesy: Green & Clean Solutions Ltd, 2009 Fig. 4: A Process Flow Indicative of Approximate Timing of Some Resettlement Activities Adapted from NEWMAP 2011
11.4 RPF and RAP Implementation Budget The budget for resettlement will be known based on field assessments, prevailing asset values, and actual experience based on sub-project RPs to ensure that adequate funds for resettlement are allocated during the course of project implementation.
At this stage, it is not possible to estimate the exact number of people who may be affected since the technical designs and details of the RAMP II sub-projects have not yet been developed. Though the locations are known it is still impossible to provide an estimated budget for the total cost of resettlement that may be associated with implementation of RAMP II. When these locations are known, and after the conclusion of the site specific socio-economic study, information on specific
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RAMP II impacts, individual and household incomes and numbers of affected people and other demographic data will be available, a detailed and accurate budgets for each RAP will be prepared.
Each RAP must include a detailed budget, using the indicative template. The RAP will include a detailed budget for the payment of compensation and implementation of the various resettlement aspects for a particular subproject, including amongst others, costs of surveys, third party validations of voluntary land donation, land acquisition, loss of livelihood, loss of crops and other property, and allowances for the vulnerable members of the community. This would enable facilitating the preparation of a detailed and accurate budget for resettlement and compensation. RAMP II will prepare the resettlement budget and will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the program. This budget will be subject to the approval of the World Bank.
With regard to budget, some of the costs of resettlement (e.g. professional services, site preparation, construction, etc.) can be financed from the Bank loan, while other costs (e.g. compensation payments, acquisition of land) cannot be financed from the Bank loan and must be borne out of counterpart funds. In either case, resettlement costs should be included in the overall subproject budget which is estimated at $5m.
Further to guide in arriving at the budget and cost estimates, Annex 7 provides elements/items that could feature in the overall budgets. Annex 8 outlines some elements that could be seen as contingencies.
11.4.1 Sources of Funding The Government of the RAMP II States, namely: Adamawa, Enugu, Niger and Osun shall fund resettlement matters.
The State Coordinator will be responsible for ensuring the prompt provision and efficient flow of the budgeted funds for resettlement to the various subprojects. Assisted by the PRC, he will ensure that land acquisition and compensation are adequately funded and carried out in accordance with applicable rules as presented in this framework.
Appropriate safeguards will be developed, utilizing gender-disaggregated socioeconomic information from the census surveys, to ensure that men and women are compensated equally (i.e., that cash payments to households are made jointly, entitlements to land and other in kind compensation are provided equally, etc.). The resettlement budget and financing will cover funds for compensation of private property, community infrastructure replacement and improvement, assistance to top-up compensation, training and the management of resettlement expenses, including those for the PMU and other stakeholders for external monitoring.
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12.0 CONSULTATIONS AND STAKEHOLDER PARTICIPATION
Public consultation and participation are essential because they afford PAP’s the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts. One key factor that exists in all successful approaches to project development and implementation is strong participation by all stakeholders and communities in erosion control and watershed management. The more direct involvement of the local level people in the planning and management processes, is the more ‘chance’ of the resource use and protection problems being solved as well as the more the chance of development opportunities occurring in a balanced way and to the broad benefit of all communities in the project.
Meanwhile, it makes sense in this RPF to understand two concepts, consultation and communication that are frequently confused with each other. Consultation with affected populations and other stakeholders is basically a two-way process in which the ideas and concerns of stakeholders and the subproject designers are shared and considered. Communication involves dissemination of information from the subproject proponents to the concerned public. These concepts should be kept separate.
12.1 Mechanism for Consultation and Participation of Displaced Persons The public participation strategy for the RAMP II would evolve around the provision of a full opportunity for involvement for all stakeholders, especially the PAPs. Therefore, as a matter of strategy, public consultation would be an on-going activity taking place throughout the entire project cycle.
The consultation process shall ensure that all those identified as stakeholders are consulted. Subject to PMU’s approval, information about the project will be shared with the public, to enable meaningful contribution, and enhance the success of RAMP II.
There are many vehicles that could be used for communication and consultation such as listed below:
Meetings, filling in of questionnaires/ application forms, public readings and explanations of project ideas and requirements making public documents available at the national, local and community levels at suitable locations like the official residences/offices of local elders, announcement In various media, newspapers announcements placement in more than one paper, preferably all local papers , notice board near project site, posters located in strategic locations and many public places frequented by community and radio and local television
Any of these means to use must take into into account the low literacy levels prevalent in the rural communities by allowing enough time for responses and feedback and putting messages in the language readily understood by such people.
In fact the PMU should as a matter of reaching the relevant public engage directly with stakeholders and taking their concerns into account. In other words, for effective consultation, the PMUs should
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RAMP II hold specific events (preferably community-level meetings) at which affected people will feel comfortable expressing their views. Such events should be carefully documented and the minutes of these meetings together with attendance lists should be included with the RAP to demonstrate that consultation has taken place. Generally, the PMUs are not required to accept every suggestion or demand made, but they should take each reasonable suggestion into account as a matter of good faith.
12.2 RAMP II Public Consultation for RPF Preparation and Outcomes In the course of the preparation of this RPF relevant MDAs and NGOs/CBOs and potentially project affected persons were met. Questionnaires were administered to the relevant stakeholders with the purpose of exploring: The adequacy, workability and familiarity with the RPF; The extent to which the RPF interfaced with the State Procedures and the system of property valuation; Capacity or awareness within the relevant institutions generally of RPF; The existing capacity and/or availability to facilitate the application of or compliance with the RPF; Identification of the relevant project affected persons
The major outcome of the various consultations is summarized below while further details on the consultations and those consulted are provided in Annex 9: • Excavation and construction are major causes of erosion • In determining and designing of the sub-projects as envisaged under RAMP II an inclusion of the relevant stakeholders’ and beneficiaries’ opinions of the project is essential. • For Sustainability, the RAMP II PMU should run without interference from State Governments in the day –to-day running of the affairs and sustainability may not be guaranteed if successive government does not favour the project. • Objective criteria must be used in selecting priority sites • Land is very important to the people as such will support the project in gaining back land that is useable which had been taken over by erosion earlier. • In the course of civil works members of the host community be given priority to assist main contractors and communities themselves should be allowed to monitor the adequacy (quality) of works in the RAMP II project in their domain. • Ensure use of competent and qualified contractors, especially in the construction works at the various sites. • There is need for transparency in the contract award and project execution in order to avoid incompetence in the various measures for RAMP II • Though resettlement and compensation issues are noted in the development work of our various governments, it is not as comprehensive like the resettlement policy framework of the World Bank and as such the Government must be made to adhere to that of the World Bank, otherwise compensation may not get to PAPs. • Past experience shows that compensation, if any, is late in coming after construction/development is carried out or it does not even come at all. • Any irregularity in the compensation system such as disfranchisement or denial of rights and elite capture would likely cause conflict. • PAPs should be compensated before work starts at the various sites
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• Proper understanding of roles between MDAs in the entire management of the project is necessary. There is need for line ministries in the States to interface in their responsibilities to achieve good performance for the project. • Amongst the States, there seem to be a good arrangement in place for dealing with land acquisition, which include a system of land acquisition. However, while some of the States have more considerable experience in resettlement issues especially as it concerns consultation with potential PAPs, others, do not seem to have. • There is need for capacity/awareness within the relevant institutions of Bank resettlement issues, the extent to which this interfaces with the existing States’ procedures and the system of property valuation as well as the ability to facilitate the application of or compliance with the RPF;
Public consultation initiated during the RPF preparation will continue during the preparation of the following: socio-economic study, resettlement and compensation plan and drafting and reading of the compensation contract.
Through these, the PMU would be able to: clarify the project's objectives in terms of stakeholders’ needs and concerns identify feasible alternatives (in particular alternative locations) and examine their relative merits in terms of environmental, social and economic factors identify and priorities’ environmental and resettlement issues and establish the scope of future studies Identify processes for continued stakeholders’ involvement.
12.3 RAMP II States Commonalties & Differences Generally, the States have good governance framework and laws to back up and manage the social safeguard issues that would crop up in the RAMP II project. General knowledge of legal instruments on resettlement issues good with regard to Nigerian Land Use Act but poor understanding of OP/BP 4.12 is prevalent in virtually all the states. Capacity to perform resettlement & compensation functions also inadequate
While some of the States have more considerable experience in resettlement issues, especially as it concerns consultation with potential PAPs, land acquisition, etc., others, do not seem to have. Generally, there seem to be a good arrangement in place for dealing with land acquisition, which include a system of land acquisition, namely; land Bank and when a parcel of land is to be acquired, it is done in excess so that future needs are accounted for in the area.
Whatever the shortcomings with regard to ability to implement resettlement issues in the various states, this RPF and subsequent RAPs/ARAPs has given adequate attention on the various aspects of ensuring sustainability and effective implementation of the project. This will be strengthened as the planning stages develop and when the potential land areas are being considered and implementation instituted.
The acquisition process by Governments essentially includes: Description of parcel of land to be obtained and is excised,
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This is published in the Newspapers and other media with a view to notifying the owners of the land area and other relevant stakeholders. Engagement of the landowners Valuation of the development on the land (Compensation is made for the development on the land and not the land) Compensation is made usually in the event of land take for any development. Usually the governments encourage squatters on the land that is acquired and they are given Temporary Occupier License on the land banks.
12.4 Opportunities for Reform During projects
The RAMP II provides opportunities for reforms in a number of issues, such as: 1. States developing and/or strengthening existing policies on erosion control and watershed management. 2. Understanding best practice in involuntary resettlement & compensation management issues. 3. Building of capacity/awareness within the relevant institutions of the RPF, the extent to which this interfaces with the existing States’ procedures and the system of property valuation as well as the ability to facilitate the application of or compliance with the RPF needs to be strengthened; 4. When constraints emerged during implementation, the project should support a legal review of common land resource management, and/or help to develop a new memorandum of understanding signed between the communities and land Ministries/Agencies (for example, forestry and local authority) that set out guidelines for management and benefit sharing. 5. Revise and adopt in the light of current realities the Harmonized Compensation Rates for Economic Trees and Crops for Geo-Political Zones passed in a resolution by NTDF in 2008 with recourse to the Land use Act for guidance.
12.5 Identifying Stakeholders Stakeholders for the purpose of this project shall be defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes those positively and negatively affected by the project. Table 12.1 outlines the key stakeholders identified at present, in the course of preparing this RPF
Table 12.1: PAPs Identification Matrix Who? How to identify them People living in the Identify the local government area(s) that falls within 1 km radius of vicinity of the proposed the proposed sites. works. Review available data to determine the stakeholder profile of the whole stakeholder or relevant group. Use identified groups and individuals to tap into stakeholder networks to identify others. Special interest groups. Identify key individuals or groups through organised groups, local clubs, community halls and religious places. Organisations such as environmental groups would be aware of similar local groups or individuals. Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 73
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Individual people who Advertise in local newspapers, telling people that they may be own properties that will affected and asking them to register interest in attending meetings or be directly or indirectly receiving further information. affected. Business (owners and Council lists or property registers. employees).
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13.0 INSTITUTIONAL FRAMEWORKS
The RAMP II RPF is built on institutional arrangements amongst public agencies and with local communities and project affected persons. It is recognized that the institutional framework focused on the local level, with clear arrangements for integration within permanent agencies and for interagency collaboration is vital.
13.1 Institutional Arrangement Federal level: The primary focal point for the project will be a Federal Project Management Unit (Federal-PMU) under the FME Director of Erosion Control and Flooding (working with the guidance of the Permanent Secretary). The Federal-PMU will coordinate and provide oversight at federal level and will comprise of a Federal Project Manager and key technical staff i.e. environment/social specialist, procurement specialist, financial specialist, M&E specialist, geotechnical, road and urban engineers. In addition, The Federal-PMU will be supported by a Project Management Consultancy (PMC), which will provide assistance in key areas of investment preparation quality review, portfolio management, procurement, and financial management. This assistance can also be extended to the State level. In addition the Federal-PMU may from time to time recruit consultants (individuals, institutions or firms) as necessary to strengthen program planning and management. State level: The project will focus on four States: Adamawa, Enugu, Niger and Osun. Activities at the State level will be coordinated by their Commissioners of focal agencies for Rural Infrastructure, Environment, Poverty Alleviation, Women Affairs and Agriculture respectively. State implementation arrangements would be similar to existing Bank financed projects such as Community Social Development Project and Commercial Agriculture Development Project, with each participating State establishing a State PMU in their identified line ministry responsible for land and agricultural management as well as poverty alleviation that would work directly with local governments and community level. This requires synergies with existing Bank projects in the various states where there are such project. The State-PMUs will include a State Project Manager, and environment, procurement specialist, financial specialist, M&E specialist, an engineer, a GIS specialist and a social expert. Site level: Much of components I and II, Rehabilitation and Maintenance of Rural Roads will be implemented at site-level, through substantial sub-projects. Each sub-project site will have a site management unit (SMU) that will comprise a Site Manager and site specific technical specialists such as engineers. In addition, each sub-project site will include a community working group that will include traditional leaders, religious leaders, community level organizations, LGA officers, community erosion clubs that will provide community auditing of project activities. The institutional arrangement has pragmatically be designed to involve other federal and state MDAS concerned with land resources management commission and works, Agriculture, regional and town planning, and land degradation management, local government, local communities and CSOs also need to be involved in each stage of the project.
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13.2 Participation Agreement To implement the RAMP II programme according to the agreed terms and conditions, a formal agreement is needed between the State Governments, the Implementing Agencies and other MDAs outlining the tasks, responsibilities, schedules, procedures, deliverables etc., required for preparation and implementation of the approved sub-projects.
The agreement should be explicit with regard to financial responsibilities and costs to be assumed by the participating MDAs. It is vital to note that some of the costs of resettlement (e.g. professional services, site preparation, construction) can be financed from the Bank loan, while other costs (e.g. compensation payments, acquisition of land) cannot be financed from the Bank loan and must be borne out of counterpart funds by the State.
13.2.1 Coordination and Implementation of this RPF and other Resettlement Issues The Federal PMU shall have an oversight role, but actual resettlement planning and implementation shall be the States’ PMUs responsibility (Fig 5).
13.2.2 State Level Institutions Below are some key institutions at the state levels identified to have a part of play in the execution of the resettlement activities. It should be noted that although a number of institutions, at the state levels have been identified that would have a role to play in the execution of the resettlement issues of RAMP II. While most of them do not have direct links with resettlement, some of them, by operation or statutory functions, would have related responsibilities with resettlement on the RAMP II project.
1. Project Management Unit (PMU) The PMU, as the implementing authority, has the mandate to: Co-ordinate all policies, programmes and actions of all related agencies in the States Ensure the smooth and efficient implementation of the project’s various technical programmes Cooperate through a Steering Committee that provides guidance to the technical aspects of all project activities; Maintain and manage all funds effectively and efficiently for the sub-projects Plan, coordinate, manage and develop RAMP II projects to ensure success. Recommend on policy issues to the Governor including mechanisms for implementation. Prepare plans for the management and development of RAMP II project. Facilitate the discussion between PAPs and communities regarding compensation for land acquired for the subprojects micro-projects; Monitor the project work to ensure that the activities are carried out in a satisfactory manner; Organize the necessary orientation and training for the departmental officials so that they can carry out consultations with communities, support communities in carrying out RAPs and implement the payment of compensation and other measures (relocation and rehabilitation entitlement) to PAPs in a timely manner; Ensure that progress reports are submitted to the World Bank regularly
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Fig. 5: Organogram of the PMU for Resettlement Management Adapted from NEWMAP 2011
To achieve this made, the PMU would have in each State Steering Committee (Board) and a Project Implementation Unit (PIU) for coordinating the day to day activities with the relevant line departments. Specifically with regard to Environmental and social issues, the PMU, through its Safeguards Unit will liaise closely with other relevant MDAs in preparing a coordinated response on the environmental and social aspects of the RAMP II sub-projects.
An officer of the PMU will be designated as the Social Safeguards Specialist (Livelihood & Social Safeguard Specialist) Officer to oversee the implementation of this Safeguard instrument (this RPF) as well as any other social provisions as deemed fit for project implementation as per the regulations of the World Bank and Government of Nigeria and the respective State governments. The roles and responsibilities of the Social Safeguard Specialist (Livelihood & Social Safeguard Specialist) include • Initiate Resettlement Action Plan (whenever the project involves displacement of homes or businesses) or land acquisition of any kind). Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 77
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• Ensure Social Assessment (SA) (analysis of social conditions related to the subproject such as income levels, local organization, conflicts identified, leadership) • Ensure/Carry out Social Mobilization Plan (assigning a role to the affected community and providing appropriate incentives for people to participate) • Ensure Communication Plan (provides for two-way communication between community and project management at all stages of subproject, consultation and participation) • Ensure development of Livelihood Enhancement Plan (especially where livelihoods are affected adversely by the project, or stakeholders are economically vulnerable) • Review all SA Documents prepared by consultants and ensure adequacy under the World Bank Safeguard policies including the OP4.01. • Co-ordinate application, follow up processing and obtain requisite clearances required for the project, if required • Prepare compliance reports with statutory requirements. • Develop, organize and deliver training programme for the PIU staff, the contractors and others involved in the project implementation, in collaboration with the PMU • Review and approve the Contractor’s Implementation Plan for the social impact measures as per the RAP/ARAP and any other supplementary studies that may need to be carried out by the PIU in relation to resettlement issues. • Liaise with the Contractors and the PIU on implementation of the RAP • Liaise with various National and State Government agencies on environmental, resettlement and other regulatory matters • Continuously interact with the NGOs and Community groups that would be involved in the project • Establish dialogue with the affected communities and ensure that the environmental concerns and suggestions are incorporated and implemented in the project • Review the performance of the project through an assessment of the periodic environmental monitoring reports; provide a summary of the same to the Project Manager, and initiate necessary follow-up actions • Provide support and assistance to the Government Agencies and the World Bank to supervise the implementation
2. State Ministry of Environment By the provision of acts, edicts and laws the states have also set up State Ministry of Environments (SMOEs) as the regulatory bodies to protect and manage the environmental issues in the states. The functions of the SMOEs include: Enforcement of all environmental legislations and policies; Coordination and supervision of environmental assessment studies; Minimization of impacts of physical development on the ecosystem; Preservation, conservation and restoration to pre-impact status of all ecological processes essential to the preservation of biological diversity; Protection of air, water, land, forest and wildlife within the states; Pollution control and environmental health in the states; and
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Co-operation with FMEnv and other agencies to achieve effective prevention of abatement of trans-boundary movement of waste.
3. Ministry of Lands, Survey, Urban and Regional Planning & Rural Infrastructure The Ministry processes all instruments evidencing ownership and possession of real estate in the states and also keeps in custody all real estate instruments, records, and their management. Generally, the Ministry `advises Government as well as manage Lands and all other landed properties belonging to the State Government situated within and outside the State. Thus amongst other things, the Ministries are • Responsible for the acquisition of Land for projects. • Recommend to the Governor on the allocation of States (Acquired) lands to individuals and organizations as well as the management of all State Lands. • Responsible for the preparation of Certificates of Occupancy which evidence the grant of State lands and the transfer of interest by the customary land holders. The Land Use and Allocation Committee is also an organ of this Ministry. • Undertake research and carries out inspections and valuation of landed properties for all purposes with a view to advising the various Ministries/Establishments e.g. Compensation Valuation for acquisitions of Right of Ways , general acquisition of Land, Valuation for Insurance purposes, Valuations for Asset sharing, Valuation of Share Equities in Joint Ventures and Memorandum of Agreements, etc. • Responsible for the making of Surveys of all Government lands.
4 Local Government Level Institutions • Responsible for coordinating activities at local level during the preparation and implementation of RAPs such as activities for determining the cut-off date and for actually implementing the resettlement, and for handling any grievances and complaints. • Responsible for the appraisal of dwellings and other buildings affected by the project. • Provide additional resettlement area if the designated locations are not adequate. • Provide necessary infrastructures in relocated areas. • Engage and encourage carrying out comprehensive and practical awareness campaign for the proposed project, amongst the various relevant grass roots interest groups. • Appointing a suitable Desk Officer • Participating in sensitization of all communities • Participate in resolving grievances ; • Monitor implementation of sub-projects and activities of Operational Officers;
5. Community and other Institutions • Ensure Community participation by mobilizing, sensitizing community members; • Assist in resolving grievances of PAPs • Ensures that social values are not interfered with. • They may have complaints that need to be resolved in the execution of the sub-project. • Support and assist in the mobilization of the various relevant grass roots interest groups.RMay have complaints that need to be resolved in the execution of the project with a view to avoding conflicts and greivances. • Oversees the development needs of the entire community. • Ensure Community participation by mobilizing, sensitizing community members;
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• Support and assist in the mobilization of the various relevant grass roots interest
6. World Bank • Maintains an oversight role to ensure compliance with the safeguards policies, review and provide clearance and approval for the RPs of each project site. • Maintain an oversight role of the supervision of the RPF/RAP/ARAP implementation, and may conduct spot checks or audits as necessary. • Conduct regular supervision missions throughout the project implementation, and monitor the progress of the project construction. • Recommend additional measures for strengthening the management framework and implementation performance. • In case the WB considers the implementation to be not acceptable and no improvements can be expected, it will require that institutional capacity building measures be taken to strengthen the PMU and PIUs.
13.3 Resettlement Activities and Implementation A detailed implementation schedule will be prepared for each RAPs, which will include the specification of the sequence and time frame of the necessary activities for land acquisition, release of funds to the acquiring agency, payment of compensation for various categories of loss and relocation, demolition of structures and transfer of land, grievance redress, and monitoring and evaluation.
Table 13.1 presents the various resettlement activities and its corresponding responsible party, while Fig. 9 shows the flowchart of a resettlement implementation
Table 13.1: Resettlement Activities and Responsible Party NO ACTIVITY RESPONSIBLE 1 Liaising with World Bank/Project Supporters PMU 2 Coordination of Activities PMU 3 Preparation and Disclosure of RPF PMU/World Bank 4 Selection of Sub-Projects PMU, communities, NGOs/CBOs, World Bank 5 Selection of sub-project sites PMU/Relevant MDAs/World Bank 6 Vetting of request for compulsory acquisition Ministry of Lands, Ministry of Physical of land, Oversight of land expropriation and Planning and Urban Development and land issuance of titles to resettled PAPs. Ministry of Environment 7 Social Impact studies (conduct social impact PMU through Resettlement Consultant assessment and property impact studies) 8 Identify vulnerable people when PMU through Resettlement Consultant developing RAPs and ARPs 9 - Marking of affected properties, Inventory PMU and Local Government Authority of affected properties, Notifications, Request for proof of eligibility, - Consultations 10 Valuation of Affected Properties Ministry of Physical Planning and Urban Development, PMU Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 80
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NO ACTIVITY RESPONSIBLE 11 Organize and implement census of affected PMU through Resettlement Consultant people and census and valuation of affected assets in the framework of the development of a RAP or ARAP 12 Consultations, planning and Preparation of PMU/Consultants RAP 13 Review of RAPs and ARAPs PMU and World Bank 14 Disclosure of RAP PMU/World Bank 15 Internal Monitoring PMU 16 External Monitoring and Approval FMEnv, SMOE, NGOs/CBOs, Communities, World Bank 17 Preparation of Monitoring and Evaluation PMU Report of RAP and Disclosure 18 Establishing of Resettlement & Rehabilitation PMU, Ministries of Lands and Survey, Committees Physical Planning and Urban - Utilities Committee to conduct an inventory Development/Land and Allocation of properties with utility services Committees, Ministry of Women Affairs and - Grievance Committee establish procedures Poverty Alleviation, Ministry of Agriculture for dispute resolutions - Payment Committee establish payment modalities 19 Disclosure of values. PMU/ Resettlement & Rehabilitation Making of offers Committees /Ministry of Finance Processing for payments 20 Release of funds for payment Ministry of Finance, PMU 21 Compensation Payments Payment Committee (PMU/Resettlment Committees, Ministry of Women Affairs and Poverty Alleviation 22 Grievance and dispute resolutions Grievance Committee (PMU/Ministry of Justice/Ministry of Lands/Resettlement & Rehabilitation Committee 23 Taking possession of site PMU 24 Representing government for any law court PMU, State Attorney General’s Office redress cases
13.4 Measures for Strengthening Organizational Capability - Capacity Building and Training Based on the assessment of the institutional capacities of the different ministries and agencies involved, it is recommended that a capacity building and training programme be enshrined in the overall project management and support for the stakeholders, especially the PMUs and the relevant MDAs as well as the communities and the NGOs/CBOs. It is the responsibility of the Social Safeguard Unit that shall be set up to ensure that all identified members of the implementation team are trained prior to implementation of resettlement and compensation.
The training should focus on the following, inter alia:
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World Bank Safeguard Policy (O.P 4.12) on resettlement and other World Bank operational policies on environment; Relevant Nigerian laws and policies relating to land acquisition and resettlement; Compensation and supplementary assistance; RAP Implementation process.
As part of sensitization, introduction to social and resettlement aspects learning basic concepts and policy, legal and other relevant statutory requirements in Nigeria and World Bank
Table 13.2 outlines an indicative training programme that with relevant topics that could be adapted.
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Table 13.2: Typical Training Programme on Capacity Building of Relevant Stakeholders S/n Duration Subject Resources 1 60Mins • Official opening • List of participants • Introduction of Participants • Agenda for training Session • Introduction to programme, Sessions and trainers 2 15Minus • Tea BreaK 3 90 Minus • General Introduction • PowerPoint • Involuntary vs. Voluntary Resettlement presentation • Associated handouts • World Bank Safeguard policies • Policy, legal and other statutory requirements as per Government of Nigeria and World Bank • Main issues associated with Involuntary Resettlement 4 60mins • Lunch 5 60mins • Introduction to Social and Resettlement Issues • Basic Concepts 6 90mins • World Bank OP 4.12 Involuntary Full text of OP 4.12 Resettlement for each participant • Principles of RAP/ARAP (included in the RPF • Planning Requirements • Implementation Requirements • Grievance and Conflict Management and Resolution • Documentation and Disclosure Requirements • Monitoring and Evaluation of RAPs and ARPs 7 • Tea Break 8 60mins • Overview & Objective of the RPF • Full copy of the RPF for each • Gaps between OP 4.12 & Nigerian Land participant Use Act and how to bridge them • PowerPoint • Eligibility and Entitlements Presentation • Resettlement and Compensations packages 9 30minus • Review of Day • DAY 2 1 60mins • Assessment process (i.e. introduction to • Full copy of the • ARAPs and RAPs as proposed in the RPF) RPF for each participant • Census & Socio-economic Methodology • PowerPoint • Content of an ARAP Presentation
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S/n Duration Subject Resources • Content of a RAP • Grievance and conflict Management • Vulnerable people • Monitoring and Evaluation tools 2 15mins • Tea Break 3 90mins • RAMP Resettlement Action Plan • PowerPoint • Background presentation • Associated • Resettlement packages Handouts • Consultations and negotiations with affected people • Development of Resettlement sites • Potential strong point and weak points 4 60mins • Lunch 5 90mins • Social & Resettlement Considerations in Urban and Rural Development Projects: • Social and Resettlement aspects arising during construction and operation stages • Social and Resettlement Good Practices in Urban public works and rural agricultural practices 6 30Mins • Review & Closing
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14.0: INCOME RESTORATION STRATEGY
The key objective of the land acquisition and resettlement plan is to ensure that the economic and social future of the affected persons/households/communities are at least as favourable as it would have been in the absence of the project. Therefore the affected people shall receive assistance in rehabilitation.
The income restoration action programme will be described in greater detail in the respective Resettlement Plans. A participatory approach will be utilized in the development of the income generation programme in order to ensure that the ideas, wishes and needs of the stakeholders are included.
The programme will support income generating activities with [adequate] commercial potential in the agricultural and non-farm sectors. The affected areas include all villages where erosion control and watershed management works are to be carried out, irrespective of the strength of the adverse impact.
14.1 Rehabilitation Measures
Potential rehabilitation measures could include any of the following: Assistance in starting a new business and/or strengthening a new one, in the form of management and marketing assistance, product design and prototype development, Assistance in finding new employment opportunities, including skill development through training for the new employment, Providing training for agricultural methods and technology to increase production on the non-affected land, Providing skill training to prepare participants for off-farm work within or outside of the affected area, Providing access to, and giving preference to affected people in, employment opportunities created by the project.
14.2 Income Construction Activities and Other Measures The remunerative involvement of stakeholders and in particular of the affected persons, the construction project has three main objectives. Firstly, the income thus generated would produce a direct positive impact by injecting a financial stimulant into the local economy. Secondly, the direct involvement of the population will develop a sense of belonging and strengthen their appreciation of the project, and Thirdly, it should prove that small to medium sized channels and drains can effectively be cleaned, deepened and widened with simple labour intensive methods.
Construction contracts and other erosion control and watershed management measures will include a clause instructing the contractor to utilize (sub-contract) from among the communities’
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RAMP II members/villagers of the area where the work is to take place for jobs that they capable of carrying out. Compliance with this rule must be strictly enforced and should be closely monitored by PMU, who in case of contravention will take the necessary steps to correct the situation.
14.3 Special Assistance Families severely affected by the Project, that is, losing more than 20% of their land, will be entitled to receive special assistance. Depending on the preference of the owner this special assistance may be given in the form of a land for land swap, or a cash compensation for the lost land. It should be clearly understood that special assistance is applicable where the 20% loss of land also constitutes a 20% in income.
14.4 Gender Issues in Resettlement Plans In the affected areas, women play a very active role in on-farm and off-farm income generating and other economic development orientated activities, in addition to performing household duties. Women in the rural areas are moreover left behind for long periods when their husbands, brothers and adult sons move to urban areas for permanent or temporary jobs. Affected households headed by women shall therefore receive special attention and support to maintain their sources of livelihood and [traditional] production patterns.
In fact Gender Assessment and Development should be planned under the project as part of RPs, which will help analyze gender issues during the preparation stage of sub project and design interventions. At the sub project level, gender analysis should be part of the social assessment and the analysis will based on findings from gender specific queries during primary data collection process and available secondary data. The quantitative and qualitative analysis will bring out sex disaggregated data and issues related to gender disparity, needs, constraints, and priorities; as well as understanding whether there is a potential for gender based inequitable risks, benefits and opportunities. Based on the specific interventions will be designed and if required gender action plan will be prepared. The overall monitoring framework of the project will include sex disaggregated indicator and gender relevant indicator.
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15.0 MONITORING AND EVALUATION
This Section sets out requirements for the monitoring and evaluation of the implementation of the RPF in order to successfully complete the resettlement management as per the implementation schedule and Compliance with the policy and entitlement framework.
15.1 Purpose of M & E Specifically for RAMP II projects, Monitoring and Evaluation (M&E) are required to assess the goals of the resettlement and compensation plan are met. The purpose of resettlement monitoring will be to verify that: Actions and commitments described in the RPs are implemented; Eligible people and communities receive their full compensation prior to the start of the construction activities in the respective areas; RP actions and compensation measures have helped the people who sought cash compensation in restoring their lost incomes and in sustaining/improving pre-project living standards; Complaints and grievances lodged by project affected people are followed up and, where necessary, appropriate corrective actions are taken; If necessary, changes in RP procedure are made to improve delivery of entitlements to project affected people.
All RAPs/ARAPs will set the following major socio-economic goals by which to evaluate their success:
• affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; • the local communities remain supportive of the project and the absence or prevalence of conflicts.
In order to access whether these goals are met, RAPs/ARAPs will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. The M&E indicators should include but not limited to the following: delivery and usage of compensation and resettlement entitlements; allocation of replacement land and residential plots, where applicable; reconstruction of new houses and other infrastructure, where applicable; compensation measures applied to cater for damage during construction activities; reported grievances and action taken; problems encountered and action taken; general issues related to the success of compensation and resettlement measures. implementation progress; compensation and resettlement policies; delivery of entitlements, including replacement land where applicable; changes in livelihoods and incomes among PAPs; and, consultation with and participation of PAPs and other Stakeholders. Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 87
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15.2 Arrangements for monitoring by Implementing Agency The WB’s safeguard policy (OP 4.12) states that the project sponsor (PMU in this instance) is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both a warning system for the project sponsor and a channel for the affected persons to make known their needs and their reactions to resettlement execution. The sponsor’s M&E activities and programmes should be adequately funded and staffed.
The safeguards officer of the PMU shall play a key role in reporting the progress of implementation as well as compliance to the PIU, PMU and the World Bank.
The PMUs will institute an administrative reporting system that: Provides timely information about all resettlement arising as a result of RAMP II project activities; Identifies any grievances that have not been resolved at a local level and require resolution through the involvement of the PMU; and Documents the timely completion of project resettlement obligations (i.e. payment of the agreed-upon sums, construction of new structures, etc.) for all permanent and temporary losses; Evaluates whether all PAPs have been compensated in accordance with the requirements of this RPF, and that PAPs have higher living standards in comparison to their living standards before physical or economic displacement.
In-house monitoring may need to be supplemented by independent external monitors to ensure complete and objective information. Thus the project has developed an extensive M&E system that includes: i. Internal monitoring, in particular reporting by government officials and field consultants, community participatory monitoring; ii. External monitoring, with NGOs and journalists providing independent monitoring; and iii. Impact evaluation. iv.
Table 15.1 indicates some specific variables to monitor routinely in the course of implementation.
Table 15.1 Monitoring Indicators Subject Indicator Variable Land Acquisition of Area of cultivation land acquired for RAMP II land developments Area of communal land acquired for RAMP II developments Area of private land acquired? Area of government land acquired? Buildings/ Acquisition of Number, type and size of private buildings acquired Structures buildings Number, type and size of community buildings acquired
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Subject Indicator Variable Number, type and size of government buildings acquired Acquisition of Number, type and size of other private structures acquired other structures Number, type and size of other community structures acquired Trees and Acquisition of Number and type of trees cut Crops trees Destruction of Crops destroyed by area, type and ownership crops Compensat Compensation Number of homesteads affected (buildings, land, trees, ion, and crops) Re- reestablishment Number of owners compensated by type of loss establishme of affected Amount compensated by type and owner nt owners/individu Number of replacement houses constructed and als Size, construction, durability and environmental Rehabilitati suitability of replacement houses on Possession of latrines Water supply access · Number of replacement businesses constructed Reestablishmen Number of community buildings replaced t of community Number, type of plants lost resources Number of seedlings supplied by type Number of trees planted Hazards Introduction of Number of homesteads affected by hazards and and nuisance factors disturbances from construction (noise levels, blasting, Disturbanc increased traffic levels) es Social/ Changes to Homestead size (births, deaths, migration in and out) Demograph homestead Age distribution ic structure Gender distribution Marital status Relationship to homestead head Status of “vulnerable” homesteads Population Residential status of homestead members migration Movement in and out of the homestead (place and residence of homestead members) Changes to Distance/travel time to nearest school, health centre, access church, shop, village Changes to Nutritional status of resettled homestead members health status Number of people with disease, by type (STDs, diarrhea, malaria, ARI, immunizable disease) Mortality rates Access to health care services (distance to nearest facility, cost of services, quality of services) Utilization of health care services Disease prevention strategies Extent of educational programmes
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Subject Indicator Variable Latrine provision at schools (school child population per VIP on site) Changes to Literacy and educational attainment of homestead members educational School attendance rates (age, gender) status Number, type of educational establishments Changes to Participation in training programmes status of women Use of credit facilities Landholding status Participation in NEWMAP-related activities and enterprises Homestead Ownership of capital assets earning capacity Ownership of equipment and machinery Landholding size, area cultivated and production volume/value, by crop (cash and subsistence crops) Landholding status (tenure) Redistribution of cultivation land Changes to livestock ownership: pre- and post disturbance Value of livestock sales, and imputed value of barter transactions Consumption of own livestock production Employment status of economically active members Skills of homestead members Earnings/income by source, separating compensation payments Changes to income-earning activities (agriculture) – preand post disturbance Changes to income-earning activities (off-farm) – preand post disturbance Amount and balance of income and expenditure Possession of consumer durables Realization of homestead income restoration plans (components implemented, net income achieved) Possession of bank and savings accounts Access to income-generating natural resource base (wood, grass, sand, stones) Changes in Organizational membership of homestead members social Leadership positions held by homestead members organization Population Growth in number and size of settlements, formal and influx informal Growth in market areas Consultatio Consultation Number of local committees established n programme Number and dates of local committee meetings operation Type of issues raised at local committees meetings Involvement of local committees in NEWMAP development planning Number of participating NGOs
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Subject Indicator Variable dissemination Number, position, staffing of Information Centres Staffing, equipment, documentation of Information Centres Activities of Information Centres Number of people accessing Information Centres Information requests, issues raised at Information Centres Grievances Number of grievances registered, by type resolved Number of grievances resolved Number of cases referred to court Training Operation of Number of local committee members trained training Number of affected population trained in Project-related
programme Training courses Manageme Staffing Number of implementing agencies by function nt Number of ministry officials available by function Number of office and field equipment, by type Procedures in Census and asset verification/quantification procedures in operation place Effectiveness of compensation delivery system Number of land transfers effected Co-ordination between local community structures, NEWMAP and officials
15.3 Internal and External Monitoring 15.3.1 Internal Monitoring The social safeguard unit of the various PMUs will perform periodic monitoring of all resettlement activities in the Unit's portfolio. The PMU will consult and coordinate with the appropriate Federal and State agencies (e.g., FMEnv, MOE/SEPA) on social monitoring.
For those areas with minor resettlement, the PMU Safeguard section will report at least quarterly on the: implementation schedule, delivery and usage of any resettlement compensation, relocation of marketers and transporters, and their pre- and post-move sales, extent of community involvement and efficiency of resettlement agencies in fulfilling their obligations.
In the areas where a resettlement plan or an abbreviated resettlement plan is required because of land acquisition or significant numbers of displaced persons, the Safeguards Unit, will provide a quarterly progress report on the various resettlement activities. The report will provide detailed explanation of resettlement progress, fund allocation, and issues and problems arising, as well as solutions devised, during implementation. In addition, the report which shall be in a tabular format will have comparisons on the following: Estimated and actual extent of compensation delivered The number of structures demolished The number of new homes, shops, market stalls and other required structures built And all other matters deemed pertinent for facilitating resettlement and project progress. No. of sub-projects requiring preparation of a RAP;
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No. of households, and number of individuals (women, men and children) physically or economically displaced by each sub-project; Length of time from sub-project identification to payment of compensation to PAPs; Timing of compensation in relation to commencement of physical works; Amounts of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind); No. of people raising grievances in relation to each sub-project; No. of unresolved grievances.
15.3.2 External Monitoring For major resettlement, the State Agencies will engage an independent firm or organization to conduct periodic external assessments of resettlement progress. The State agencies will develop a detailed monitoring work plan for the terms of reference, based on the resettlement plan submitted to and approved by the World Bank. The various State Agencies will select a firm with extensive experience in social survey and resettlement monitoring for this work. The State Agencies will review and approve the questionnaires and inventory forms developed by the contractor, as well as the research methods, analytic techniques, and reporting formats proposed by the contractor
The aim of this independent monitoring is to provide verification of key concerns in resettlement, such as compliance with resettlement policies, implementation progress, the extent of effective consultation and participation of local populations, and the direction and extent of changes of income and livelihood among displaced persons. Careful attention to monitoring matters such as these will help ensure equitable benefits for every displaced person.
15.4 Monitoring and Evaluation Indicators A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social well-being. The establishment of appropriate indicators in the RAPs/ARAPs is essential since what is measured is what will be considered important. Indicators will be created for affected people as a whole, for key stakeholder groups, and for special categories of affected groups such as women headed households, disable persons, marginalized persons etc.
A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social well-being.
The monitoring indicators to be used for different RAPs are developed to respond to specific site conditions. 1. Input indicators include the resources in terms of people, equipment and materials that go into the RP. Examples of input indicators in the RAP include: the sources and amounts of funding for various RP activities; and the establishment of the Land Acquisition Team. 2. Output indicators concern the activities and services, which are produced with the inputs. Examples of output indicators in the RP include a database for tracking individual plot compensation; and the payment of compensation for loss of land or assets.
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2. Process indicators represent the change in the quality and quantity of access and coverage of the activities and services. examples of process indicators in the rp include: the creation of grievance mechanisms; the establishment of stakeholder channels so that they can participate in rap implementation; and, information dissemination activities.
Table 15.2 outlines indicators to monitor and evaluate the implementation of resettlement and compensation plans.
Table 15.2: Resettlement and Compensation Performance Measurements Indicators Monitoring Indicators Evaluation Indicators 1. Outstanding Compensation or 1. Outstanding individual Resettlement Contracts not completed compensation or resettlement before next agricultural season contracts 2. Communities unable to set village-level 2. Outstanding village compensation compensation after two years contracts 3. Grievances recognized as legitimate out 3. All legitimate grievances rectified of all complaints lodged. 4. Pre- project production and income ( 4. Affected individuals and/or year before land used) versus present households compensated or production and income of resettlers, resettled in first year who have off- farm-income trainees, and users of maintained their previous standard improved mining or agricultural of living at final evaluation. techniques. 5. Pre-project production versus present 5. Equal or improved production production (crop for crop, land for household land) 6. Pre-project income of vulnerable 6. Higher cost project income pf individuals identified versus present vulnerable individuals income of vulnerable groups.
15.5 Storage of PAPs details Each PAP household will be provided with a signed dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received. The Resettlement Committee and PMU will maintain a complete database on every individual impacted by the project land use requirement including relocation/resettlement and compensation, land impacts or damages.
Each individual, receiving compensation, will have a dossier containing: i. Individual biological information ii. Number of people(s) he claims as household/homestead iii. Amount of land available to available or household when the dossier is opened. iv. Additional information will be acquired for individual eligible for resettlement and/or compensation for level of income and of production, inventory of material assets and improvement in land, and debts Each time land is used/acquired by a sub-project, the dossier will be updated to determine if the individual or household/homestead is being affected to the point of economic non-viability and
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RAMP II eligibility for compensation/resettlement or its alternatives. These dossiers will provide the foundation for monitoring and evaluation, as well as documentation of compensation agreed to, received, and signed for.
15.6 Completion Audit An audit will be carried out to determine whether the efforts to restore the living standards of the affected population have been properly designed and executed. This completion audit will verify that all physical inputs earmarked in the RAP have been delivered and all services provided. The audit will also evaluate if the mitigation actions prescribed in the RAP have had the desired effect. The baseline conditions of the affected parties before the relocation will be used as a measure against their socio-economic status after the resettlement. The audit will verify results of internal monitoring and assess whether resettlement objectives have been met irrespective of whether livelihood and living standards have been restored or enhanced.
The audit will also assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation. Finally, the audit will ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions. Annual audit reports will be submitted for scrutiny to the World Bank.
To be effective, the completion audit will take place after all RAP activities have been completed including development initiatives, but before the completion of financial commitments to the programme. This will allow for flexibility to undertake any corrective action that the auditors may recommend before the project is completed.
15.6.1 Annual audit The annual audit of RPF implementation will include: a summary of the performance of each sub-project vis-à-vis its RAP; a summary of compliance and progress in implementation of the process frameworks; a presentation of compliance and progress in the implementation of the RPF. Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced; Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lesson for future resettlement activities and recommending correction in the implementation; Ascertain whether the resettlement entitlement were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions
Annual audit reports will be submitted for scrutiny to World Bank
15.7 Socio-Economic Monitoring The purpose of socio-economic monitoring is to ensure that PAPS are compensated and recovering on time. It will go on as part of the implementation of each sub-project RAP, to assess whether compensation has been paid, income has been restored and resettlement objectives were appropriate and delivered. Monitoring of living standards will continue following resettlement. The objective is that the income and standard of living of the PAPs has at least been restored and has not declined.
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A number of indicators would be used in order to determine the status of affected people (land being used to compare before, standard of house compare to before, level of participation in project activities compared to before, how many children in school compared to before, health standards, etc.
As part of the preparation of each RAP, a household survey will be conducted of all PAPs, prior to physical or economic displacement, and this will provide baseline data against which to monitor the performance of the RAP.
Following all the completion of all expropriation/compensation operations, a household survey will be conducted. The aim of the survey is to assess the impact of the social mitigation and measures implemented. In addition, local authorities and PAPs will be consulted to provide their assessment of the impacts of social mitigation measures applied.
15.8 Disclosures of Social Safeguards Instruments The PMUs will disclose this Resettlement Policy Framework by making copies available at their offices, relevant local government council, relevant State Ministries of Environment and other stakeholders of the Adamawa, Enugu, Niger and Osun as well as the World Bank Info Shop.
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BIBLIOGRAPHY
African Institute of Applied Economics. (2007).BECANS Business Environment Report. Vol.1 No.3.
Darghouth S., Ward C., Gambarelli G., Styger E., and Roux J. (2008): Watershed Management Approaches, Policies, and Operations: Lessons for Scaling Up, Water Sector Board discussion Paper Series Paper No. 11, The International Bank for Reconstruction and Development/The World Bank
Earthguards Limited: Sustainable Development Consultants. (2008). Resettlement Policy Famework (RPF) for Rural Access and Mobility Project in Enugu and Osun states
ERML (1997): Environmental and Socioeconomic Characteristics of the Niger Delta.
Federal Republic of Nigeria, Federal Ministry of Commerce and Industry (2010): Resettlement Policy Frame Work for Growth and Enterprises and Markets in States (GEMS) Project, Prepared by Earth Guard, March
Federal Republic of Nigeria Infrastructure Concession Regulatory Commission (ICRC) (2009): Resettlement Policy Framework (RPF) for Nigeria Public Private Partnership (PPP) Project, prepared by ERML, December
Government of India, Ministry of Urban Development (2008): Environment and Social Management Framework for Global Environment Facility Sustainable Urban Transport Project, September
Obi Igbokwe, O. (2012). 12 Steps - Transportation: Reforming Road Transport in Nigeria. http://newnigerian.blogspot.com/2009/01/12-steps-transportation-reforming-road.html
INDIA Governments of India States of Tamil Nadu & Pondicherry (2005): Environmental and Social Management Framework for Emergency Tsunami Reconstruction Project, April
ITUA, E.O. (2011). Resettlement Policy Framework (RPF) for the Nigeria Erosion and Watershed Management Project. Federal Ministry of Environment, Nigeria
Joshi PK, Vasudha Pangare, Shiferaw B, Wani SP, Bouma J and Scott C. 2004. Socioeconomic and policy research on watershed management in India: Synthesis of past experiences and needs for future research. Global Theme on Agroecosystems Report no. 7. Patancheru 502 324, Andhra Pradesh, India: International Crops Research Institute for the Semi-Arid Tropics. 88 pp.
Kraxberger B. Transportation and the Movement of People in Nigeria: Some tentative notes. (ND). Nigerian Background Information
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Lagos State Government Lagos Metropolitan Area Transport Authority (LAMATA) (2009): Environmental and Social Management Framework (ESMF) Towards The Preparation For LUTP II, Prepared by Multiple Development Services, June.
Lagos State Government (2005): Resettlement Policy Framework for Lagos Metropolitan Development Project (LMDP) prepared by EnvironQuest, May
National Disaster Management Authority (2009): Environment and Social Management Framework for The National Cyclone Risk Management Project, March
The Government of Rwanda, Ministry of Agriculture and Animal Resources (MINAGRI) (2009): Resettlement Policy Framework for Land Husbandry, Water Harvesting and Hillside Irrigation (LWH) Project, Prepared by Green & Clean Solutions Ltd, July
The World Bank (2010): Resettlement Policy Framework for State Expenditure Effectiveness for Opportunities and Results (SEEFOR) for Niger Delta States (Bayelsa, Delta, Edo and Rivers) Prepared by Eugene O. Itua
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ANNEXES
Annex 1. Indicative NEWMAP Resettlement Screening Form (Adapted from NEWMAP) Annex 1a: RAMP II Resettlement Screening Form Sub-project name Sub-project Location (Include Map/sketch) - Type of Activity (Structural land management measures and civil works - New construction, Rehabilitation or Periodic Maintenance and/or Vegetative land management measures - afforestation, agroforestry, grassing, bunds, live check dams, no tillage, buffer strips, etc). Estimated Cost Proposed Date of Commencement of work Technical Drawing/specifications Reviewed (Circle answer) Yes No This report is to be kept short and concise. 1. Site Selection: When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse social effects, and that more substantial social planning may be required to adequately avoid, mitigate or manage potential effects. Issues Site Sensitivity Rating Low(L) Medium(M) High(H) L, M, H Involuntary Low population Medium High resettlement density; population population dispersed density; mixed density; major population; ownership and towns and legal tenure is land tenure. villages; well-defined. low income families and/or illegal ownership of land; communal Properties Cultural No known or Suspected Known heritage property suspected cultural sites in project cultural heritage heritage sites; area sites known heritage sites in broader area of influence
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Natural hazards Flat terrain; no Medium Hilly/mountainous vulnerability, potential slopes; some terrain; steep floods, soil stability/erosion erosion slopes; unstable stability/ problems; no potential; soils; high erosion erosion known flood medium risks potential; flood risks from flood risks Natural habitats No natural No critical Critical natural habitats present natural habitats present of any kind habitats; other natural habitats occur Checklist questions: Physical data Yes/No answers and bullet lists preferred except where descriptive detail is essential. Extension of or changes to existing alignment Any existing property to transfer to sub-project Any plans for new construction Refer to project application for this information. Land and resettlement: Yes/No answers and bullet lists preferred except where descriptive detail is essential.
Require that land (public or private) be acquired (temporarily or permanently) for its development? Use land that is currently occupied or regularly used for productive purposes (e.g. gardening, farming, pasture, fishing locations, forests) Displace individuals, families or businesses? Result in the temporary or permanent loss of crops, fruit trees or household infrastructure such as granaries, outside toilets and kitchens? Impact assets? Negatively impact livelihood and/or standard of living? Result in the involuntary restriction of access by people to legally designated parks and protected areas? What level or type of compensation is planned? Who will monitor actual payments? (It the answer to any of the questions is “Yes”, please consult the NEWMAP Resettlement Policy Framework and, if needed, prepare a Resettlement Action Plan (RAP).
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Actions: List outstanding actions to be cleared before sub- project appraisal. Approval/rejection Yes/No answers and bullet lists preferred except where descriptive detail is essential. Recommendations: Requires a RAP to be submitted on date: ______Does not require further studies Reviewer: ______Name: ______Signature: ______Date: ______
Annex 1b: Socio-Economic Census and Land Asset Inventory Form
Socio-economic Household Datasheet of PAPs Name of Interviewer Signature ID Code Name of Supervisor after verification of interview ID Code
Date: …………………………………… Day Month Year Name of Head of Extended Family Number of Nuclear Families in Extended Residential Group(including household of head of extended family) Household Interview Na Relations Se Pla Ag Marit Reside Ethn Religi Educati Inco Econo me hip to x ce e al nce ic on on/ me mic Head of of statu Tenure Gro Level Earn Activit Family Birt s up er y h 1 2 3 4 5 6 7
8
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Annex 1c: Land asset inventory for Project Affected People Survey No: Village ------Date------Name of No. of Total Lan Los Loss Loss Loss Other losses Permanent (m2) Head of Persons land Land to d s of of of of Househol in holdin be Use % asset crop other d househol g of acquire Type tota s s asset d H/hold d (m2) * l s (m2)
Structures s
temporary(m2
)
Area of Area residential l tree Fruit d ll Agricultura t l l Other d l t (specify) Residence ( Business t d) lt Income l
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Annex 1d: Affected Plot Sheet Reference: Reference: ……………………………………………………………………………… Location: - LG: ……………………………………….Community: …………………………………………. GPS Coordinates: ………………………………………Surface: …………………………………… m2 Description of soil: …………………………………………………………………………………………… ………………………………………………………………………………………………………… ……. ………………………………………………………………………………………………………… ……... Perennial Crops: 1 Owner: ……………………………………………………………………………………. 2 Owner: ……………………………………………………………………………………………………… Annual Crops: 1 Owner: …………………………………………………. 2 Owner: …………………………………………………. Trees: 1 Owner: …………………………………………………… 2 Owner: …………………………………………………. Structures: Movable structures: ………………. Owner: ………………………. Immovable structures: ……………. Owner: ………………………. Buildings: ………………………… Owner: ………………………. Users: User 1: ……… Surface used: …….. Regime of tenure: ……………. User 2: ……… Surface used: …….. Regime of tenure: ……………. User 3: ……… Surface used: …….. Regime of tenure: ……………. User 4: ………Surface used: …….. Regime of tenure: ……………. Valuation proposal (details of calculation on attached sheet): Crops: …………………………………………………………………………………. ………………………………………………………………………………………… ………………………………………………………………………………………… Structures: ……………………………………………………………………………… …………………………………………………………………………………………. ………………………………………………………………………………………… Proposed distribution of compensation: User 1: ………………………………………………………………………………… User 2: ………………………………………………………………………………… User 3: ………………………………………………………………………………… User 4: ………………………………………………………………………………… Prepared By: …………………………………. ….Date: ……………………………….
Annex 1e: Affected Building Sheet Reference: ……………………………………………………………………………… Location: - LG: …………………………………………..Community/Clan: Adamawa, Enugu, Niger & Osun RAMP II Projects RPF Page 102
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……………………………. GPS Coordinates: ………………………….. Photograph number: ……………………. Owner:- Full Name: ……………………………………………………………………… Address: ……………………………………………………………………… …………………………………………………………………………. Description:- Permanent:…………Non permanent: ………………… Surface: ………………… m2 Number of rooms: ………………… Walls: Material: ………….. Condition: …………………………… Roof: Material: …………. Condition: ………………………….. Floor: Material: ………… Condition: ………………………….. Annexes outside: Latrine: Material: ………….. Condition: …………………………… Bathroom: Material: ………….. Condition: …………………… Kitchen: Material: ………….. Condition: …………………………… Others: ………………….Material: …………..Condition: ……………… Additional features: ……………………………………………………….. ……………………………………………………………………………… Permanently Inhabited: ….By: ……………….Regime of occupation: ………………… Periodically Inhabited: By: ………………… Regime of occupation: ………………… Vulnerable group: a) Women-headed Household………….. b) Family with physically and mentally……………. c) Family with aged members……………. d) Family with income below poverty line……………. e) Family losing more than the economic threshold of their land through acquisition/negotiation………… Valuation proposal (details of calculation on attached sheet): …………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ……………………………………………………….. Proposed distribution of compensation: User 1: ………………………………………………………………………………….. User 2: ………………………………………………………………………………….. User 3: ………………………………………………………………………………….. User 4: ………………………………………………………………………………….. Prepared By: …………………………………. ….Date: ……………………………….
Annex 1f: Affected Household Sheet
Household Reference: ……………………………………………… Location: - LG: ……………………: …………….community/Clan: ………………… Reference of Affected Asset:- Type: - Structure: ….. Plot: ….Crop: ……… (Tick one) Reference of Affected Asset Sheet: …………………………………………………….
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Household Information:- Head of Household: - Name: …………………..Age: ………..Sex …………. Identity Document: - Type: …………………Number: ……………………… Composition of Household:- Number Name Relationship with Household Head Sex Age 1 2 3 4 5 6 7 Socio-Economic Information:- Head of Household: …………………………………………………………………… Occupations: - Primary: ………………. Secondary: …………………………………… Other members of Household:- Number: …………... Occupation: ……… Highest education level attained: ………… Number: …………... Occupation: ……… Highest education level attained: ………… Number: …………... Occupation: ……… Highest education level attained: ………… Number: …………... Occupation: ……… Highest education level attained: ………… Total Estimated Household Cash Income: …………………………………………….. Education level of Household Members:- Number: …… Level: …………………………… Number: …… Level: ……………………………. Number: …… Level: …………………………… Number: …… Level: …………………………… Project Impact:- Assessment of the Impact of the Loss of the Affected Asset on Household’s Livelihood: ………………………………………………………………………………………… Amount of land owned; ……………………………………………………………….. Details of income loss due to loss of land; …………………………………………….. Proposed Compensation or Resettlement Package:- Household’s Wishes: …………………………………………………………………… …………………………………………………………………………………………. Proposed Package: ……………………………………………………………………… Proposed Livelihood Restoration Package:- Household’s Wishes: …………………………………………………………………… …………………………………………………………………………………………. Proposed Package: ……………………………………………………………………… …………………………………………………………………………………………..
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Annex 1g: RAMP II Simplified Survey Form for Affected Properties, Characteristics of Families and/or Businesses and Impacts Caused by Displacement 1g.1 Property (Goods and Assets Affected) Househol Business Name of Plot Description Uses of the Level of Tenure status Employme Comments d number2 household area of houses and property impact (titled owner, nt status of number1 head or constructions (housing, (total, owner without all adults business economic partial, documents, owner activity, minimum)3 tenant, other) sharecropper, etc.)
1 Households should be defined as commensal units i.e. people who eat out of the same pot. 2 Business should be defined as any economic activity. 3 “Partial” in cases where family/business can develop activities involving listed goods and assets; “Total” where activities cannot be developed as a result of displacement. 4 If they are not owners, include the name and address of the owner. 1g,2: Socioeconomic Characteristics of Families Househol Name of No. of No. of No. of No. of Sources Place of Means of Comments d household persons in children adults +60 students of work or transport to number1 head household <13 years years of age income study and place of of age distances study/workpla ce
1g.3 Socioeconomic Characteristics of Business Business Name of Age of Type of No. of Monthly Destination Place of Duration of Comments number business busines activity employe income of selling existence of owner s es average production business in owner affected location
1g.4 Impacts Caused by Displacement (Households)
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Househol Loss of Loss of Loss or Loss or difficulty Loss of Loss of access Loss of Comments d land house or decrease of of access to access to to public social Number other income educational health services networks structure services services s
1g.5 Impacts Caused by Displacement (Businesses) Business Number Loss of land Loss of Business Loss or decrease of Loss of economic Comments place income networks
Annex 1h: Entitlements of Project Affected People – indicative Sector: ______Date: ______Surve Name of Compensation for Land Compensation for Compensation for crops Compensation for other Tot y Head of structures and trees assets al no. Househo and losses (e.g. ld wells, businesses, etc)
Quantit Uni Entitleme Quantit Uni Entitleme Quantit Uni Entitleme Quantit Uni y t nt y t nt y t nt y t Entitleme (m2) pric (m2) pric (m2) pric (m2) pric nt e e e e Per Per Per Per m m m m
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…………………………………..
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Annex 2: Indicative Outline Terms of Reference for Social Assessment (Working Draft) Adapted from NEWMAP
Introduction The social assessment (SA) document assists managers and leaders take conscious decisions to avoid social and resettlement impacts. SA in this context is seen as an impact assessment tool where the concerns to be addressed would go far beyond only social and resettlement issues. SA so prepared would take into account the policy implications of the state governments apart from the resettlement policies and regulation of the World Bank.
Objectives The main objective of SA is to ensure that the project design and implementation are socially acceptable. Further, the objective of SA shall be to provide inputs for selection of sub- projects, preliminary and detailed design of the project. The Resettlement Action Plans to be developed as part of the SA are to be used during the implementation of the project for executing the resettlement and rehabilitation activities and monitoring measures. In the preparation phase, the SA shall achieve the following objectives: • Establish the Socio-economic conditions in the study area, and to identify any significant social issues; • Assess impacts of the project, and provide for measures to address the adverse impacts by the provision of the requisite avoidance and/or compensation measures; • Integrate the social and resettlement issues in the project planning and design; and • Develop Resettlement Action Plan for implementing, monitoring and reporting of the social and resettlement compensation measures suggested. Scope of Work The SA shall identify all potential social issues in the project; and shall develop management measures for addressing all these issues. To this end, the SA shall consist of • Socio economic baseline established through census surveys; • Stakeholder Identification & Consultation • Project and regional level social issues that would need to be considered in the analysis of alternatives, planning and design of the sub-projects and establish their criticality in the context of the proposed project; • A Resettlement Action Plan to address the project and regional social issues; • A training plan for building adequate capacity in the implementing agency (or Client) towards implementation of the plans produced. • A Monitoring Plan encompassing the monitoring parameters and schedule for monitoring
Key tasks in this part of the assignment include: Define likely project impact zone (direct/indirect) based on project proposal 1) Collect information through desk review and field visits on existing baseline conditions, include all land uses, structures and people (e.g., demography, socio-economic status, vulnerability, status of infrastructure and access to people, livelihood programs, market rate of assets, medical support for sexually transmitted diseases, its prevalence, awareness on HIV/AIDS, legal status of land through revenue records.) within the likely project impact zone. 2) Identification of key stakeholders involved in various aspects of the project (project implementing and executing agencies and groups from civil society; description of socio- economic organizations of local communities that may affect project outcomes; carry out
public consultation with the likely affected groups, NGOs, district administration and other stakeholders and document the issues raised and outcomes; and assessment of local capacities in terms of participation in planning, implementation and supervision, and evaluation 3) Explore viable alternative project designs to avoid, where feasible, or minimize social impacts (displacement, impact on vulnerable community, cultural properties etc.) 4) Identify major and minor social impact issues including loss of assets, livelihood, poverty, gender and health issues and estimate the economic and social impacts on people and land. 5) A resettlement plan would be drafted based on the outcome of the SIA to aid minimize, mitigate, or compensate for adverse impacts on the affected communities. The mitigation or management plans developed should be consistent with the nature of the development and the nature of the impacts
Annex 3: Indicative Outlines of Resettlement Plans Annex 3a: Indicative Outlines of Resettlement Plans This template is largely extracted from OP 4.12 which can also be found on the Banks website at www.worldbank.org. Annex 3a-1: Abbreviated Resettlement Action Plan (Population affected is < 200) An abbreviated plan covers the following minimum elements a. a census survey of displaced persons and valuation of assets; b. description of compensation and other resettlement assistance to be provided; c. consultations with displaced people about acceptable alternatives; d. institutional responsibility for implementation and procedures for grievance redress; e. arrangements for monitoring and implementation; and f. a timetable and budget.
Annex 3a-2: (Complete) Resettlement Action Plan (Population affected is > 200) The scope and level of detail of the resettlement plan vary with magnitude and complexity of resettlement. The plan is based on up-to—date and reliable information about (a) the proposed resettlement and its impacts on displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers elements, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan.
Description of the sub project: General description of the sub-project and identification of sub project area. Potential Impacts: Identification of (a) the sub project component or activities that give rise to resettlement, (b) the zone of impact of such component or activities, (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation. Objectives: The main objectives of the resettlement program. Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including;
(a) the results of a census survey covering; (i) current occupants of the affected area to establish a basis for design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance. (ii) standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population (iii) the magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic (iv) information on vulnerable groups or persons, for whom special provisions may have to be made; and (v) provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement.
(b) Other studies describing the following; (i) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area. (ii) The patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub project (iii) Public infrastructure and social services that will be affected; and (iv) Social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g. community organizations, ritual groups, non governmental organizations (NGO’s) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.
Legal Framework: The findings of an analysis of the legal framework, covering, (a) the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment, (b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that may be relevant to resettlement under the sub project, (c) relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law related to displacement, and environmental laws and social welfare legislation, (d) laws and regulations relating to the agencies responsible for implementing resettlement activities, (e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank’s resettlement policy, and the mechanisms to bridge such gaps, and, (f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage. Institutional Framework: The findings of any analysis of the institutional framework covering; (a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; (b) an assessment of the institutional capacity of such agencies and NGOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. Eligibility: Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. Valuation of and compensation for losses: The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets. Resettlement Measures: A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of OP 4.12. In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them.
Site selection, site preparation, and relocation: Alternative relocation sites considered and explanation of those selected, covering, (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources, (b) any measures necessary to prevent land speculation or influx of eligible persons at the selected sites, (c) procedure for physical relocation under the project, including timetables for site preparation and transfer; and (d) legal arrangements for regularizing tenure and transferring titles to resettlers. Housing, infrastructure, and social services: Plans to provide (or to finance resettler’s provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; any necessary site development, engineering, and architectural designs for these facilities. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). Community Participation: a description of the strategy for consultation with and participation of resettlers and host communities, including (a) a description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of resettlement activities, (b) a summary of the views expressed an how these views were taken into account in preparing the resettlement plan, (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and (d) Institutionalized arrangements by arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, landless, and women are adequately represented. Integration with host populations: Measures to mitigate the impact of resettlement on any host communities, including, a) consultations with host communities and local governments, (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resetters, (c) arrangements for addressing any conflict that may arise between resettlers and host communities, and (d) any measures necessary to augment services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. Grievance procedures: Affordable and accessible procedures for third-party settlement of disputes arising from resettlement, such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. Organizational responsibilities: The organizational framework for implementing resettlement, including identification of agencies responsible for delivery or resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and
jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. Implementation Schedule: An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. Costs and budget: Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. Monitoring and evaluation: Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. Consultant(s) for Preparation of RPs The team will include experts with demonstrated expertise in the following areas: An experienced practitioner with social science or economic background with experience in World Bank resettlement projects. A land-use planner/natural resources to assist the socio-economist with design, implementation, and analysis of studies needed for socioeconomic development as well as logistical requirements for resettlement to new areas. A pubic consultation expert with skills in community facilitation, conflict resolution and communications • Minimum of Master Degree in Environmental Science or related fields • A minimum of 10 years relevant professional experience • Minimum 5 years experience in involvement in planning design, monitoring or evaluation of projects (in Nigeria), contributing to sustainable development.
Annex 3b: An Outline of the Basic Element of a Resettlement Action Plan S/No Elements Activities 1 Description Define the Project, and its components and the Project Site (s) of the Project Determine whether the Project will require land acquisition and relocation of persons Describe the amount of land acquisition and resettlement required Identify options of reducing amount of resettlement Quantify the options of minimizing resettlement 2 Project Formulate the main objectives of the Project Objectives Identify Specific Objectives 3 Socio- Carry out census of affected community/individual and their assets. Economic Determine income levels and livelihood patterns of the affected persons Studies/Cens Identify alternatives of restoring income for the displaced population us Define magnitude of the impacts with special reference to vulnerable groups( aged, HIV and other ailed persons, female-headed households, the poor etc) -Document landholding tenure system in place, lot sizes and any cultural heritages/values that may be restricted by the project Describe any social organizations in place that may be impacted Document type and size of infrastructure and other services that may be impacted Summarize impacts of the project for each categories of affected groups Provide mechanism for updating information on the displaced population 4 Legal/Institut Define the Project affected Persons ional Identify local agencies responsible for resettlement Framework Discuss staffing of the Project Resettlement Unit Assess capacity of the agencies to handle the magnitude of the resettlement Comply with national and local legislation on matters relating to land and environment Describe plan to inform the affected population 5 Eligibility Set criteria for the displaced persons to be eligible for compensation and and resettlement Entitlements Prepare Entitlement Matrix Determine Assistance required for resettlement 6 Compensatio Appoint Registered/District Valuer for compensation purposes n Assessment Carry out consultation with affected persons Identify and inspect affected assets for valuation Process Valuation Report and prepare Compensation Schedule Determine whether additional income assistance is necessary 7 Resettlement Determine need for relocation and discuss with affected person Plan Select site for relocation and make arrangement for land titling in favour of resettlers In consultation with respective District Settlement Planning Department, prepare Resettlement Plan Discuss outsourced services if any and draw up cost implications Ensure Plan comply with environmental consideration Evaluate the impact of the Plan on host community
Determine any special assistance measures necessary to vulnerable groups Identify risks associated with the Plan and chart out ways of overcoming them Provide information on updating of the Plan 8 Grievances Design system for recording grievances and establish response time Procedures Discuss mechanism for hearing grievances Discuss appeal Measures 9 Organization Prepare implementation schedule indicating target dates and backstopping al measures Responsibilit Discuss arrangements for coordinating agencies and other jurisdictions ies Describe measures of transferring responsibilities of resettlement sites back to respective authorities 10 Costs and Prepare a financial plan with emphasis on responsibilities and Budgets accountability List sources of funds Identify components of the sub-project that may require additional external funding Discuss provisions for handling price fluctuations, contingencies and excess expenditure Prepare a template for Project Cost Estimate/budget 11 Monitoring Discuss measures for external and internal monitoring and Define monitoring indicators Evaluation Determine mode and frequency of reporting and content of internal monitoring Discuss feedback mechanism
Annex 4a: Calculation of Land and Crop Compensation Rate Examples of Methods to be used to determine a Monitory Compensation Rate for Land FORMULA For land (displacement Compensation for land on which annual and perennial crops is grown). Land is provided as replacement of expropriated land capable of serving a similar purpose, and monetary compensation in equivalent to the annual average income earned from the total land expropriated.
(area of land in Ha .X productivity of crops) X price of crops )+cost of permanent improvement on land Value = ((area of land in Ha. X productivity of the crops) X Price of the crops)) X10 +cost of permanent improvement on land……………………….1
Annual Crops Area of land in Ha .X productivity of crops) X Price of crops) +Cost of permanent improvement on land. Value = ((area of land in ha .X productivity of the crops ) X price of crops ))X10 +cost of permanent improvement on land……………………………………………2
For ripe and unripe perennial crops Ripe Value (area of land in Ha X productivity of the perennial crops) X number of years required to ripe) X price of the crops. Thus: Value, ( the annual yield of the perennial crops in kilogram )The current price of the produce of the perennial crops ) x 10 + cost of permanent improvement on land…………………………..3
For unripe perennial crop Value ( number of plant (legs) cost incurred to grow an individual plant ) + cost of permanent improvement on land………………………………………..4
The rate used for land compensation is to be updated to reflect values at the time compensation is paid. The following example, which is based on 2002 data, derives a total value for a one hectare land from the value of the crops on the land and the value of labor invested in preparing a replacement land. EXAMPLE OF METHOD TO BE USED TO DETERMINE A MONETARY COMPENSATION RATE FOR LAND* (Based on 2002 data. Naira payments will be revised to reflect crop values and labor rates in effect at the time of compensation) Item Compensated Basis of value Naira/ha Value of Crops Average of the highest 2002 official and market survey land prices per ha of staple food crops (millet, plantain, rice etc.),plus cash crops (e.g. sorghum, maize, rice). Labor Labour cost of preparing replacement land Total Replacement value of crops plus labor
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* This example assumes a one-hectare land.
Crop values will be determined based on: • A combination of staple foods and cash crops. Specifically, the 80/20 ratio of land that a farmer typically has in food crops and cash crops is used to determine the chances s/he would lose food crop rather than a cash crop income. • The value of stable crops to be taken as the highest market price (over 3 years) reached during the year, in recognition of these factors: - Although most farmers grow staple crops mainly for home consumption, they always have the option of selling these crops to take advantage of the market. - Farmers most often purchase cereals when they have run out, during the "hungry season" when prices are high. Compensating at a lower value might put the individual or household at risk. - Averaging the highest price of stable foods yields a high per ha value that reimburses for the vegetables and other foods that are commonly inter-cropped with staples, but are almost impossible to measure for compensation. • The labor cost for preparing replacement land is calculated on what it would cost a farmer to create a replacement land. This value is found by adding together the average costs of clearing, plowing, sowing, weeding twice, and harvesting the crop. Labor costs will be paid in Naira, at the prevailing market rates. The following table presents an example of a compensation schedule for a one hectare land. The Naira values are based on arbitrary labour rates, which will need to be validated at the
time payments are made. EXAMPLE OF LAND COMPENSATION SCHEDULE OF PAYMENTS Activity Month paid Labour in Naira/ha, Rate cost/day x no. of days Clear March Plough May Sow May Weed May Harvest November Total Example of Calculating of Fruit used for commercial purposes to be compensated at market value based on historical production records Local fruit trees, e.g guava/ mangoes Estimated avg. fruit yield(kg) of 800 to 1300 kg/year mature tree Market price • Height of harvested NAIRA/kg season(March/April) • End of season(late May) NAIRA/kg Price used as basis of this estimate 80% height of season; 20% end of season Years to production Six to seven years Years to maximum production Twenty Cost of sapling Naira, locally available Grafted fruit trees, e.g. mangoes Estimated avg. fruit yield (kg) of 800 to 1300kg/year mature tree Estimated yield used Almost entire yield due to market value
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Market price,(varies according to Naira/kg variety) • Height of harvest season (june/September Price used as basis of this estimate Price per fruit or sac(100kg) as quoted by growers Years to production Four to five Years to Maximum Production Eight Costs of Sapling Naira, not locally available. Proposed Schedule for Fruit (e.g. Guava or Mangoes) Trees Cut Down Type/ Age of tree Est In - kind replacement for Local Credits/Financial Years Guava and Mangoes Support Sapling 0-1 Deliver to Farmer: Naira Trees planted after project 1.Choice of two guava or mango cut –off date in area will trees not be eligible for ii. (local and/ or improved compensation granted) iii. Supplies: fencing to project iv. Tree, a bucket for watering, and a spade. Sapling/ Young Tree First 1-6 Deliver to farmer: Equivalent of X minor production 12-50 1.Choice of two guava or mango no. Naira in fruit occurs about age 4-5 trees credits or other ii. (local and / or improved financial support grafted) for labor invested iii. Supplies: fencing to protect invested in Tree, a bucket for watering and a spade
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Annex 5a. Sample Grievance Redress Form and Agreed Resolution Format Grievance Form Grievance Number: Copies to forward to: Name of the Recorder; (Original)-Receiver Party: LG & Community: (Copy)- Responsible Party: Date: Information About Grievance Define The Grievance:------
INFORMATION ABOUT THE COMPLAINANT Forms of Receipt: Name □ Community/Information Meetings Phone Line □ Mail Village/ Local Govt. Area □ Informal Signature of Complainant and Date □ Other DETAILS OF GRIEVANCE (addition to list could be made as appropriate) 1. Access to Land 2. Damage to 3. Damage to 4. Decrease or 5. Traffic and Resources a) House Infrastructure Loss of Accident a) Fishing b) Land or Livelihood a) Injury grounds c) Livestock Community a) Agriculture b) Damage b) Lands d) Means of Assets b) Animal to property c) Pasturelands livelihood a) Road husbandry c) Damage d) House e) Other b) c) Beekeeping to livestock e) Commercial Bridge/Passage d) Small scale trade d) Other site ways e) Other f) Other c)Power/Telepho ne Lines d) Water sources, canals and water infrastructure for irrigation and animals e) Drinking water f) Sewerage System g) Other 6. Incidents 7. 8.Employment 9. Construction 10. Other Regarding Resettlement and Camp (Specify Expropriation Process Recruitment and Community and (Specify) (Specify) Relations Compensation a) Nuisance from (Specify) dust b) Nuisance from noise c) Vibrations due to explosions d) Misconduct of the
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project personal/worker e) Complaint follow up f) Other
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Annex 5b: Agreed Solutions Format Date: Grievance Number Copies to forward to: Name of the Recorder (Original)-Receiver Party: (Copy) – Party responsible: Household & business Resettlement Solution Remarks
………………………………………………….. Signature of Key Parties Heads to the Resolution
Annex 5c: Template of a Claim Registration and Follow-up Form Prepared by: Date: Aggrieved person: Full name: Residence: Project registration number: Reason for the claim (detailed description of the aggrieved person’s version): Composition of the mediation committee: Chair (name, position): LG Chairman/Community Leader/representative (name, position): Project (name, position): Other elders (name, position): Report of mediation efforts: Agreed solution: Implementation of the agreed solution: Close-out: In case no settlement is reached: Reason why no settlement could be reached: Follow-up by claimant:
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Annex 5d: Template of a Consultation Meeting Minute Form Date : Venue: Project participants: Other participants (name, position) : Total number: Objective and agenda of the meeting: Points addressed by Project: Points raised by participants: Follow-up activities: Prepared by: Date :
Annex 6: Resettlement Schedule
Activities Dates Budget Comments Planning of census and surveys Information to people affected Conduct census and socioeconomic survey Analysis of data and identification of impacts Definition of assistance measures Relocation/assistance Follow-up Visit by Responsible
Agency
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Annex 7: Template Itemization of a RAP/ARAP Budget
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Annex 8: Cost Estimates and Contingencies S/N Item Cost (Naira) Assumptions 1 Compensation for per hectare For land acquisition purposes, land acquired based on cost realized in projects involving similar issues in Nigeria. 2 Compensation for per hectare of Include cost of labour invested loss of crops farm lost and average of highest price of staple food. 3 Compensation for N/A This compensation would be in- buildings and kind. New buildings will be built structures and given to those affected 4 Cost of relocation per household This cost is to facilitate assistance/expenses transportation 5 Cost of restoration N/A Assume to be higher than the of individual GDP/capita income 6 Cost of restoration N/A For household of ten of household income 7 Cost of Training Per participant Depends on the number of stakeholders in the counties selected 8 Cost of Per sub-project Incurred by stakeholders such as Management site ministries, districts 9 Cost of Monitoring Per sub-project Dependent on the each sub- and Evaluation site project site 10 TOTAL Per sub-project Addition of all the cost incurred site 11 Contingency Per Total Cost 5% of the Total cost 12 Grand Total N/A Sum of t Total and contingency costs
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Annex 9. RPF Preparation Stakeholder Consultations
ENUGU RAMP II ESMF & RPF CONSULTATION S/ NAME ORGANIZATI DESIGNATI TELEPHO MAIL N ON ON NE 1 Engr. RAMP PC 0805355367 [email protected] Nweke F 5 2 Jane MOEMR SSA 0803086382 [email protected] Ugwu 2 3 C.C. PFMU Head 0803337600 [email protected] Udeh 6 4 Engr. RAMP CEO 0803467811 [email protected] Ugwuod 0 m o 5 Mbah Min. of Local Deputy 0803568855 Mbahuchenna86@yaho John U Government Director 8 o.com (Planning) 6 Madu MHDPR, Enugu Deputy 0706566413 [email protected] P.C. Director 9 (Statistics) 7 Joseph UNN Social Expert 0806329067 [email protected] Okeibun 1 or 8 Sulaiman RAMP DCS 0803780028 [email protected] Onyeama 0809168603 (Jr) 0 9 Chukwud RAMP Admin Officer 0816396417 [email protected] e 3 om Nwanbue ze 10 Idiga Min. of D (PRS) 0703868007 B.O. Agriculture 3
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ADAMAWA STATE RAMP II UPDATE OF SAFEGUARD INSTRUMENTS CONSULTATION ATTENDANCE SHEET S/ NAME ORGANIZATI DESIGNAT TELEPHO EMAIL N ON ION NE 1 Denis Min. of Rural Perm Sec. 0703659182 [email protected] Chinda Infrastructure 0 2 Engr. Min. of Works, Director, 0803042714 James D. Yola Civil 0 Dzaimah Engineering 3 Engr. Adamawa Project 0803053109 [email protected] Vwapam RAMP Coordinator 5/ [email protected] kai 0805218662 Bafyau 8 4 Engr. Adamawa Procurement 0803622169 [email protected] Abbass RAMP Officer 1 M. Adamu 5 Adamu Planning Director 0805328273 Yakubu Commission 3 6 Engr. M.O.A. DES 0703565589 Umar 6 Mshelia 7 Maisaratu Min. of Women Perm Sec. 0803729637 [email protected] Bello and Social 2 om Development 8 Engr. Min. of Works Chief Civil 0703480160 Danladi Engineer 1 S. Ahmadu 9 Engr. Min. of Rural Director, 0703478218 [email protected] John Infrastructure Rural 2 Garba Developmen t 10 Nzobyara Min. of Rural Chief 0803495950 [email protected] Sashi Infrastructure Accountant 3 11 Joseph UNN Social 0806329067 [email protected] Okeibuno Expert/ 1 r RAMP II Consultant 12 Eugene Multiple Environment 0809075336 [email protected] Itua Development al Expert/ 3 Services Ltd. RAMP II Consultant
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NIGER RAMP II UPDATE OF SAFEGUARD INSTRUMENTS CONSULTATION ATTENDANCE SHEET S/ NAME ORGANIZA DESIGNATIO TELEPHO EMAIL N TION N NE 1 Joseph Min. of Agric. Director, 0808312302 daudujoseph62@yahoo. A. & Rural Produce & Pest 6 com Daudu Development Control 2 Abdulka Min. of Agric. DA 0803569614 usmanabdulkadir95@ya dir & Rural 6 hoo.com Usman Development 3 Bako Iya Min. of Local Deputy Director, 0803652416 [email protected] Moh Govt. Planning 4 4 Engr. WSASP DES 0803451717 [email protected] Abubaka 1 r B.S. 5 Bako Min. of Agric. Chief Planning 0803500990 [email protected] Abdul- & Rural Officer 8 m Rahman Development 6 Moh’d FADAMA M&E Officer 0803391884 [email protected] Musa Office 1 o.uk Isah 7 John Min. of Agric. Director, Agric 0803600547 [email protected] Ottah & Rural 0 Development 8 Mamma Min. of Agric. DRD 0803590876 Mammanzango.musa81 n Musa & Rural 2 0@Gmail Zango Development 9 Zakari S. Niger State Ag. Manager 0803590124 [email protected] Yahaya Agric 1 m Mechanizatio n Development Authority 10 Fatima J. Niger State Planner 0703598352 [email protected] Abubaka Planning 5 r Commission 11 Engr. SPIU Infr. Engineer 0806538161 [email protected] Ibrahim 7 om Dada 12 Abubaka SPIU M&E 0806712925 [email protected] r Yusuf 5 Fodio 13 Hassan SPIU Procurement 0803450033 [email protected] B. Etsu specialist 4 14 Joseph UNN Social Expert/ 0806329067 [email protected] Okeibun RAMP II 1 or Consultant 15 Eugene Multiple Environmental 0809075336 [email protected] Itua Development Expert/ RAMP II 3 Services Ltd. Consultant
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Minutes of Stakeholders’ Meeting Held with the Enugu Rural Access and Mobility Project II (EnuRAMP II), relevant Ministries Department and Agencies (MDAs) and Environmental and Social Experts on Thursday 15th March in the EnuRAMP II project Office, Enugu Items Description 1. Name of community Enugu RAMP II 2. Date 15 March 2012 3. Language of English communication 4. Opening Remarks Engineer Nweke, the State Project Coordinator and Eugene Itua welcomed and thanked the participants for responding to the invitation on a very short notice. They both gave a brief highlight of the essence of the meeting, which included • Giving them a brief on the proposed project • Learning about the roles and responsibilities of different relevant institutions • About the need for Environmental and Social Impact Assessment 5. Overview of the Engineer Nweke talked on the proposed project and why the proposed project Environmental Social Management Framework (ESMF) and Resettlement Policy Framework (RPF) have become necessary. According to him, these activities have already been completed for the State as is also the case with Osun on the same project. According to him, the addition of Niger and Adamawa States made it necessary to update the ESMF and RPF for all the states.
He noted that in Enugu, the project will cut across ten (10) local government areas (LGAs) and totaling 200 kilometres. He later distributed a list showing the benefiting communities, which were put in four (4) clusters.
Eugene briefed the participants on the need for ESMF, noting the likely environmental impacts that could come with the project to the life of the inhabitants of the communities. According to him, there could be the generation of dust, noise and outright denial of access to facilities in the communities. There is thus need to mitigate these impacts.
Joseph Okeibunor talked about the possible impacts in terms of the disruption of social life which could arise in three (3) key areas of the peoples life, namely • Land acquisition • Resettlement • Physical Cultural Resources
He explained each concept with illustrations and mentioned the need to plan for mitigating these impacts. The need for compensation in the case of land acquisition and resettlement was also discussed. And it was stressed that even where there is voluntary resettlement, every transaction must be duly documented.
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Items Description 6. Queries and concerns The participants raised the need to • Adequately mainstream environmental and climate change issues in any development project for sustainability • Ensure that the project did not worsen the poverty level of the people it is meant to serve by dispossessing them of their means of livelihood. Some projects lead to the demolishing the shops of petty traders • Consider the dangers of very good motorable roads in the rural areas. It was noted that in many cases, the very good roads encourage reckless riding of motor cycles in the village and to check the recklessness of the motor cycle riders, the people erect dangerously high speed breaks on the roads and these in turn constitute risks and even cause road accidents • Plan against the worsening of the erosion crises that could come with the project. It was noted that many of such road projects worsen the erosion problems in the area by creating water fingers among other unconscious practices 7. Responses to the In response, the consultants agreed with the participants that most of concerns the erosion and social problems that exist in our communities are damages that come with civil works. All of these should be envisaged and adequately taken care of. It was also agreed that with proper dialogue with the people, there will be no negative reactions to the introduction of the project. 8. Perceptions about the Generally, the participants commended the project design. They Project commended the World Bank’s strategy of shopping for issues before commencing the construction. For them, the World Bank comes across as an organization that leaves nothing to chance. However, the participants regretted that the World Bank had failed in the past to pay compensation. 9. Recommendations & • They pleaded that the World Bank should make provision for Remarks resettlement • They noted that most of our problems are human induced. Thus there should be a way forward that will come from proper consultation
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MINUTES OF STAKEHOLDERS’ MEETING ON SAFEGUARD INSTRUMENTS IN OSUN STATE HELD ON 20/3/2012 AT THE OSUN RAMP SPIU OFFICE
1. ATTENDANCE List attached
2. OPENING The meeting anchored by Mr. Kolade, Osun RAMP Environmental Specialist, started at 3.06pm with an opening prayer by Alhaji Oyeladun (General Manager, Osun Waste Mgt. Agency) after which there was self-introduction by the participants. Mr. Kolade introduced the Lead Consultant, Mr. Eugene Itua. He stated that the consultant were sent by the world Bank to review and update the Environmental / Social Safeguard and Resettlement framework of the RAMP phase II,to accomodate the new states (Adamawa and Niger) preparatory to the effective take-off of the project in Osun State.
3. OPENING REMARKS BY THE STATE PROJECT COORDINATOR The State Project Coordinator, Engr. Oriolowo, apologised for his late arrival which was due to a very urgent state assignment. He heartily welcome everybody for responding to the very short notice. He thanked all the participants especially the Special Adviser to the State Governor on Rural and Community Development. He mentioned that since he joined the RAMP family, the pace of the project had increased in all facets. He also expressed appreciation to the consultants for granting his request to start their consultancy work from Enugu instead of Osun due to his having to travel as a result of the FPMU programme that was held in Enugu the previous week. He thanked all the SPIU staff for thier commitment and diligence which have contributed to the success of the Project preparation activities. He also thanked the Road Maintenance Gang members for their laudable contribution to the progress recorded so far. He gladly announced that the pilot road maintenance contract had created an international awareness even though the Community Based Rural Road Maintenance had been practised some years back, the current one was a review and formed part of the fulfilment of World Bank guidelines for participating states. The State Project Coordinator stated that consultancy works were coming in quick succession; road design was on-going as they were part of the criteria to be fulfilled before the project becomes effective, within the set timeline to fast-track the effectiveness. He implored all the stakeholders to cooperate with the consultants in carrying out their assignment. He added that the participants outside RAMP family were invited to the meeting to enable them have fore knowledge of the project activities and let them know their responsibilities as the project progresess. He urged them to feel free to ask questions. Once again, he thanked everybody and wished them fruitful deliberations.
4. THE PURPOSE OF THE MEETING After observing all protocols, the lead consultant, Mr. Itua briefed the meeting the reason for sustainable development and the need for man to take some actions so that they would not blow themselves out of existence. The World Bank made it a matter of principle that environment and social issues be included in project preparation activities. Human beings form an important part of the environment, the rural inhabitants do more farming than people in the urban areas. It is therefore necessary to make life easier for them with good roads to enhance their means of livelihood. Projects are developed for people to make them better. Resettlement Policy Framework include: • Abbreviated Resettlement i.e active plan for a population of 1 – 200 people
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• Resettlement Action Plan for a population above 200 people.’
Road work is moderately done during the dry season – which raises dust in the environment. How do we abate such, what are the main issues and how are they managed? 1. Environmental Social/Management framework – the problem differs from one community to another. The impact of resettlement policy framework and social management framework cannot be determined from the on-set. The project would not involve demolition of houses, there would be no compensation for any land encroachment but there is assurance that people would not be displaced. 2. The environment impact assessment is done for projects with severe impact while this process is by passed and an EMP done for projects with less severe impact. The forum was to think of what the likely impacts would be as well as the common issues that would arise from the project.
The expected roles of the MDAs include: Strengthening roles, updating the SPMC identifying the areas of deficiency and awareness training. He asked the participants, from various MDAs to highlight how a common ground could be reached to foster understanding in the project implementation. (I) Response (a) Waste Management Agency * clearing the top soil. Vegetation, root and waste resulting from the anticipated rise in the standard of living in the community. * more attention would be paid to the community, a better waste management approach would be decided i.e either to recyle biodegradable waste for agricultural use and removal of waste in drain to avoid flooding.
(II) Ministry of Environment (a) to monitor the health effect that is the component of the air in the environment and stream to ensure that the pollution would not affect the lives of the inhabitant. (b) ensure that wild life species are not harmful to the inhabitants. (c) aforestation and deforestation (d) identify and arrange for the abatement of flooding and erosion of streams that tranverse the area. (III) NESREA Being a regulatory agency (wetland), it will: (a) Consider project activities in line with registration and how to mitigate any problem arising there from. (b) It will work along the guideline to ensure that it will not be a detrimental development. (c) People that would invade the community would have to conform with the social aspect as it relates to the rural inhabitants. (d) To ensure that construction noise would not drive animals in the community away. (e) Ensure other benefits, apart from development. (f) It will ensure that all the guidelines are brought to acceptable level.
(IV) Mr. Joshua Dagunduro, Representative of the Esa-Oke Farm Settlers
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He expressed deep sense of appreciation for the RAMP presence at their settlement and prayed for success in all endeavours of development agencies. He admonished people to change their orientation about rural dwellers, stressing that after God, farmers are paramount life sustainers. He requested for little assistance in terms of working materials and urged the stakeholders to visit the rural areas regularly. He concluded by pledging the support and readiness of the rural dwellers to take part in the project activities.
5. BRIEF BY PROF. JOSEPH OKEIGBUNOR (CONSULTANT ON RAP) He expressed delight at the presence of the Road Maintenance Gang which he saw as a good innovation, and a reliable group to work with, especially on ownership of the project. He was of the view that when community committees are involved in a project, it enhances performance and promotes sustainability. Such committee plays important roles in the project e.g. serving as links in issues like archaelogical signs, religious beliefs, sacred areas etc. He also acknowledged the relevance of other participants and expressed the hope that there would be beneficial inter-relationship as the project progresses.
6. CLOSING REMARKS The State Project Coordinator thanked the participants once again, for their patience and active participation and also the consultants, for taking the pains to explain their mission. He stated that the project was still in the preparation stage and there would still be need to call people for meetings as occasion demands.
He was grateful to the Gang for attending the meeting and for their useful contribution. He equally thanked all the representatives of the agencies for their contributions. He concluded by thanking everybody present and wished them all journey mercies to their destinations.
7. CLOSING The meeting ended at 4.56pm with everybody sharing the grace.
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Summary of Issues/Comments from Stakeholder Engagements as Part of NEWMAP Stakeholder Location Issues/Comments Raised Response/How Addressed Met and Date during Meeting or by NEWMAP Focus of the Meetings: • Overview of RAMP II and appreciation of preparatory stage of the project • The need for RPF and other related instruments - premature to determine what the extent of socials impacts are, since sub-projects are yet to be designed, coupled with the fact that during project preparation, exact locations and magnitude of sub-projects are not known. • Challenges that could impede the implementation of the project with regard to resettlement issues • The Support needed from all parties to ensure effective project preparation and successful implementation • How State will intends to organize the Project management Unit • Community Enugu • The consultations noted • RPF for the RAMP II members (15th the familiarity conversant projects recognized good • State March with the main governance structure and laws Ministries of 2012), Environmental Assessment in place and would work with Environment Osogbo (EA) legislation, them, supporting them with & Lands, (20th procedures and framework World Bank Policies for Survey and March applicable to various effectiveness and efficiency. Urban 2012), projects working with the • RPF ensure that social Development, Yola Federal Ministry of issues are given prominence th • Local (27 Environment. even in government-executed Government, March • The consultations projects supported by the • Poverty 2012), insisted that socio- World Bank Alleviation, Minna economic consideration be • In areas of gap with regard th • Women (29 given to projects by project to institutional capacity Affairs, March developers strengthening, these are • Economic 2012) • Resettlement and identified and mechanisms for Development compensation issues were improvement are given • Agriculture & noted in the development attention to in the RPF and the Natural work of our various RAMP II project designs have Resources governments. All the same, this as one of the components it was acknowledged that • PMU team members are these were not as always selected in a comprehensive like the transparent and competitive resettlement policy process on the basis of framework of the World technical expertise, experience Bank. It was them agreed and dynamism. Civil servants that Governments must be are not prevented from made to adhere to that of applying, and they can be the World Bank, otherwise seconded from their parent compensation may not get ministries or agencies into the to PAPs. management unit. • In the different sessions, it was understood that resettlement issues should be from the point of market
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value not replacement cost. • There was an agreement in each case to understand the World Bank policy on resettlement issues as we are mainly conversant with Nigerian Land Use Act in term of manpower and equipment. How can the project assist us? • Those that make up the project management unit should be selected on the basis of technical expertise and experience. • Can civil servants be seconded from their parent ministries or agencies into the management unit? • For effective project management, the project should have a supervisory board to include relevant representation from other MDAs and representatives from civil society.