ANAMBRA STATE NIGERIA EROSION and WATERSHED MANAGEMENT PROJECT Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion Site- NEWMAP

NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (NEWMAP)

FINAL REPORT

Public Disclosure Authorized RESETTLEMENT ACTION PLAN (RAP) FOR THE REHABILITATION OF THE AMACHALLA GULLY EROSION SITE

AWKA SOUTH, ANAMBRA STATE Public Disclosure Authorized Public Disclosure Authorized

Public Disclosure Authorized PREPARED FOR THE STATE PROJECT MANAGEMENT UNIT (SPMU) ANAMBRA STATE NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (NEWMAP)

FINAL REPORT RESETTLEMENT ACTION PLAN FOR THE REHABILITATION OF THE AMACHALLA GULLY EROSION SITE

AWKA SOUTH, ANAMBRA STATE

PREPARED FOR THE STATE PROJECT MANAGEMENT UNIT (SPMU) ANAMBRA STATE NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT

ii Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Table of Contents Table of Contents ...... iii List of Figures ...... v List of Tables ...... v List of Photos...... vi Definitions ...... vii Abbreviations ...... ix Executive Summary ...... x CHAPTER ONE INTRODUCTION ...... 1 1.1 Overview of the Nigeria Erosion and Watershed Management ...... 1 Project (NEWMAP) ...... 1 1.2 Purpose of the Resettlement Action Plan (RAP) ...... 3 1.3 Justification for Preparation of an RAP ...... 3 1.4 RAP Methodology ...... 4 CHAPTER TWO DESCRIPTION OF THE PROPOSED PROJECT ...... 6 2.1 Introduction ...... 6 2.2 Design Concepts ...... 8 2.3 Civil works/design solutions ...... 10 2.3.1 Construction of the adjoining roads ...... 10 2.3.2 Construction of drainages ...... 10 2.3.3 Easing of the sides to stable slopes in sections where space permits...... 11 2.4 Design components ...... 11 2.4.1 Concrete stepped channel ...... 11 2.4.2 Chute channel ...... 11 2.4.3 Stilling basin ...... 12 CHAPTER THREE DESCRIPTION OF THE AREA OF INFLUENCE AND SOCIAL BASELINE CONDITIONS ...... 13 3.1 Overview of the Project State ...... 13 3.1.1 Physical Environment of Anambra State ...... 13 3.1.2 Biological Environment ...... 14 3.1.3 Ecological Issue ...... 16 3.2 Overview of Awka ...... 16 3.3 The Project Area ...... 17 3.3.1 Physical Environment ...... 17 3.3.2 Biological Environment ...... 21 3.3.3 Health Assessment ...... 25 3.4 Socio-Economic Baseline Conditions of Project Affected Persons (PAPs) ...... 25 3.4.1 Gender Distribution of PAPs ...... 25 3.4.2 Age Distribution of PAPs ...... 26 3.4.4 Marital status of PAPs ...... 27 3.4.5 Average household size of PAPs ...... 28 3.4.6 Income status of PAPs ...... 29 CHAPTER FOUR POLICY, LEGAL AND REGULATORY FRAMEWORK ...... 30 4.1 Introduction ...... 30 4.2 The Resettlement Policy Framework (RPF) of the NEWMAP ...... 30 4.3 Relevant Nigeria Acts and Legislations ...... 31 iii Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

4.3.1 Land Use Act of 1978 and Resettlement Procedures ...... 31 4.4 State Legislations ...... 34 4.5 International Guidelines ...... 34 4.5.1 The World Bank Policy on Involuntary Resettlement (OP. 4.12) and ...... 34 4.5.2 Conclusion Drawn from the Review of World Bank Policies on Involuntary Resettlement ...... 35 CHAPTER FIVE IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS ...... 37 5.1 Approach to Impacts and PAPs Identification ...... 37 5.2 Discussion of Project Impacts ...... 39 5.3 Impact Reduction Measures Undertaken ...... 39 5.4 Inventory of Affected Assets/Structures in the Project Area ...... 40 5.5 Census of Project Affected Persons (PAPs) ...... 41 5.6 Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs...... 41 5.7 Performance Indicators for Assessing Income Restoration ...... 42 5.8 The Valuation methodology ...... 42 5.8.1 Method of Valuation for compensation ...... 44 5.9 Description of Eligibility Criteria for Defining Various Categories of ...... 45 5.9.1 PAPs Losing Permanent Structures-for Residential (immoveable structures) ...... 46 5.9.2 PAPs Losing Permanent Structures-for Business (immoveable structures) ...... 46 5.10 Proof of Eligibility ...... 46 5.11 Duration for Civil Works...... 46 5.12 Cut-Off Date ...... 47 5.13 Entitlement Matrix for the PAPs ...... 47 CHAPTER SIX GRIEVANCE REDRESS MECHANISMS...... 50 6.0 Introduction ...... 50 6.1 Grievance Redress Process ...... 50 6. 2 Grievance Redress Committee ...... 50 6.2.1 Expectation When Grievances Arise ...... 52 6.3 Management of Reported Grievances ...... 52 6.4 Grievance Log and Response Time ...... 53 6.5 Monitoring Complaints ...... 54 CHAPTER SEVEN STAKEHOLDERS CONSULTATION ...... 55 7.1 Introduction ...... 55 7.1.1 Section A ...... 55 7.1.2 Section B ...... 57 CHAPTER EIGHT BUDGET AND FINANCING PLAN ...... 60 8.1 Budget For Resettlement Activities Related With The Rehabilitation ...... 60 Project ...... 60 8.2 Summary of Compensation and Resettlement Budget for PAPs ...... 60 8.3 Procedure for Delivering of Entitlements ...... 60 8.3.1 Engagement of Consultant (NGO) ...... 60 8.4 RAP Compensation Process ...... 61 8.5 Compensation Payment Administration ...... 62 8.6 Resettlement Implementation Linkage to Civil Works ...... 62 CHAPTER NINE INSTITUTIONAL MATRIX ...... 63 iv Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

9.0 Introduction ...... 63 9.1 Organizational Arrangement - Roles and Responsibilities ...... 63 CHAPTER TEN TIMETABLE OF EVENTS COORDINATED WITH THE CONSTRUCTION PROJECT ...... 69 10.1 Timetable for the Resettlement Action Plan ...... 69 10.2 Training and Capacity Needs...... 69 CHAPTER ELEVEN MONITORING AND EVALUATION ...... 71 11.1 Overview ...... 71 11.2 Internal Monitoring ...... 71 11.3 Tasks of the Monitoring and Evaluation Officer ...... 71 11.4 Independent Monitoring ...... 72 11.5 Monitoring Indicators ...... 72 11.6 Implementation Schedule ...... 73 References ...... 74 Annexes ...... 75 Annex 1 Census Registration for PAPs ...... 76 Annex 2: Monitoring Indicator for the Performance of RAP Income Restoration ...... 79 Annex 3 Grievance Redress Mechanism ...... 80 Annex 4 Minutes of the Public Consultation for ...... 83 rd Resettlement Action Plan (RAP) Held on the 3 of April, 2014 ...... 83 Annex 5 Questionnaire for Socio-Economic Data Collection For RAP for the Amachalla Gully Erosion Site, Awka South, Anambra State ...... 84 Annex 6 Maps ...... 87

List of Figures

FIGURE 1 SETTING OUT DRAWING OF AMACHALLA GULLY SITE ...... 7 FIGURE 2 THE 3 ROAD CHANNELS ...... 9 FIGURE 3 ROAD DRAINAGE DESIGN ...... 10 FIGURE 4 STRUCTURAL DETAIL OF CHUTE ...... 12 FIGURE 5 DESIGN FOR THE STILLING BASIN ...... 12 FIGURE 6 MAP OF ANAMBRA SHOWING THE PROJECT COMMUNITY ...... 15 FIGURE 7 TEMPERATURE PATTERN ...... 18 FIGURE 8 RAINFALL PATTERN ...... 19 FIGURE 9 PATTERN OF RELATIVE HUMIDITY...... 19 FIGURE 10 GENDER DISTRIBUTION OF PAPS WITHIN THE STREET ...... 26 FIGURE 11 AGE DISTRIBUTION OF PAPS ...... 27 FIGURE 12 MARITAL STATUS OF THE PAPS ...... 27 FIGURE 13 EDUCATION QUALIFICATION OF THE PAPS ...... 28 FIGURE 14 AVERAGE HOUSEHOLD SIZE OF PAPS ...... 28 FIGURE 15 DAILY INCOME TREND OF THE PAPS ...... 29 FIGURE 16 INFLATION RATE IN NIGERIA 2008-2013 (CBN) ...... 44

List of Tables TABLE 3.0 SOME COMMON PLANTS FOUND WITHIN THE COMMUNITY ...... 21 v Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

TABLE 4.0 COMPARISON OF NIGERIAN LAND USE ACT AND WORLD BANK OP4.12 ON COMPENSATION ...... 35 TABLE 5.0 INVENTORY OF IMPACTS ...... 40 TABLE 5.1 MARKET SURVEY ...... 43 TABLE 5.2: ENTITLEMENT MATRIX TABLE ...... 47 TABLE 6.1: A TYPICAL REPORTING FORMAT FOR GRIEVANCE REDRESS ...... 54 TABLE 7.0 SUMMARY OF STAKEHOLDERS COMMENTS AND REMARKS ...... 55 TABLE 8.0 COMPONENTS OF COMPENSATION BUDGET ...... 60 TABLE 10.0 TIMETABLE FOR COMPLETION OF THE RAP ...... 69 TABLE 10.1 TRAINING SCHEDULE ...... 70 TABLE 11.0 SUMMARY OF RESPONSIBILITY FOR IMPLEMENTATION OF RESETTLEMENT ACTION PLAN ...... 73

List of Photos

PHOTO 1 SACRED MONKEY 22 PHOTO 2 MONA MONKEY 22 PHOTO 3 NKWO AMAENYI MARKET 23 PHOTO 4 MAJOR MARKET IN AMACHALLA 24 PHOTO 5 IMO-AWKA SHRINE 24 PHOTO 6 SECTION OF THE IMO AWKA SHRINE 25 PHOTO 7 SECTION OF ONWUBIKO STREET (CHANNEL 10) 37 PHOTO 8 A SECTION OF EUGENE NWUDE STREET 38 PHOTO 9 A SECTION OF PETER ONWUKA ST 38 PHOTO 10 A SECTION OF ONWUBIKO STREET 38 PHOTO 11 CONSULTANTS WITH PAPS PHOTO 12 CENSUS REGISTRATION OF PAPS 59 PHOTO 13 CONSULTANTS DURING CONSULTATION WITH PAPS 58 PHOTO 14 ONE OF THE PAPS FILLING SOCIOECONOMIC SURVEY TOOL 59 PHOTO 15 MAP SHOWING ONWUBIKO ST (CHANNEL TEN) AND PAPS LOCATIONS 87 PHOTO 16 MAP SHOWING EUGENE NWUDE ST AND PAPS LOCATIONS 88 PHOTO 17 MAP SHOWING PETER ONWUKA ST AND PAPS LOCATIONS 89

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Definitions Children: all persons under the age of 18 years according to international regulatory standard (Convention on the rights of Child 2002)

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

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

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

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

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

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

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

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

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

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

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

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

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

Project-Affected Person: any person who, as a result of the project, loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual

vii Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily.

Rehabilitation: the restoration of the PAPs resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project.

Relocation: a compensation process through which physically displaced households are provided with a one-time lump-sum compensation payment for their existing residential structures and move from the area.

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

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

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

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

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

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

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Abbreviations

ARAP - Abbreviated Resettlement Action Plan

CDC - Community Development Council

DP - Displaced Persons

ESIA - Environmental and Social Impact Assessment

ESMF - Environmental and Social Management Framework

IDA - International Development Association

LGA - Local Government Authority

NGO - Non-Governmental Organization

PAD - Project Appraisal Document

PAP - Project Affected Person

PRA - Participatory Rural Appraisal

PMU - Project Management Unit

PIM - Project Implementation Manual

SMEnv - State Minister of Environment

RAP - Resettlement Action Plan

ROW - Right of Way

RPF - Resettlement Policy Framework

SSI - Semi Structured Interview

WB - World Bank

NB: Exchange rate; 1USD = ₦162

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Executive Summary INTRODUCTION

The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed Management Project (NEWMAP), financed by the World Bank, Global Environment Facility, the Special Climate Change Fund, and the Government of Nigeria. The Project Development Objective (PDO) of the NEWMAP is to improve erosion management and gully rehabilitation; increase incomes for rural households from improved agricultural and forest practices through the use of conservation agriculture, agroforestry, natural regeneration, etc.; and gain efficiency in public administration and public spending through improved knowledge base, analytical tools, multi- sectoral coordination and stakeholder dialogue.

Various documents have been prepared in line with NEWMAP, and they include; Environmental and Social Management Framework (ESMF), Resettlement Policy Frameworks (RPF), Project Appraisal Document (PAD) prepared for the Nigerian Erosion and Watershed Management Project. This report focuses on the Resettlement Action Plan (RAP) developed for the Rehabilitation of the Amachalla Gully Erosion at Awka, Anamabra State, Nigeria.

The aim of the RAP is to identify and assess the human impact of the proposed works at the Amachalla Gully Erosion Site, and to prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws. Experience has shown that involuntary resettlement can cause loss of income, assets, and community ties that, especially among the poor, can be essential for survival and wellbeing. In extreme cases, involuntary resettlement can lead to the dissolution of families, impoverishment and health problems. The RAP will identify the project-affected persons (PAPs), engage them in participatory discussions regarding the plan and formulate an action plan for compensation.

DESCRIPTION OF THE PROPOSED PROJECT

The proposed rehabilitation works is part of the intervention programme of the World Bank (NEWMAP sub-project), which is aimed at reclaiming of the already degraded part of the region for subsequent utilization of land for either agricultural purposes or other developmental projects. These will consider the following:

 Construction of roads leading to the gully heads, which serves as drain channels that lead the storm water and also adequately design drainages that will channel the water to collector, drains at the gully head (Peter Onwuka Street, Eugene Nwude Street and Channel 10 road i.e. Onwubiko Street).  Construction of suitable sized and aligned collector drains at the gully head to lead the storm waters into drop structures to be constructed.  Easing of the sides to stable slopes in sections where space permits.  Construction of other components such as concrete stepped channel, chute channel and stilling basin.

The Project Area

The Amachalla gully site is located on the east side of Awka between the Government house road and old Onitsha- Enugu road housing estate beside Nkwo Amaenyi. The gully is made up of a

x Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP main gully siting on the two roads with short fingers in other direction. The gully has an average height of 17m and consists of a lower and upper watershed within the catchment. The gully head has however exacerbated to ravines which started at the discharge ends of existing drains across the roads meeting at the junction were the gully sits, surrounding the communities. The gully further eroded due to faulty drainage from all the roads, which slopes towards the gully.

The project area is populated; within the area consist of schools, including the Amaenyi Girls High School, a guesthouse (Festus Guest House), a market (Nkwo Amaenyi Market), the Imo Awka shrine, a Church (Eternal Scared Order, Cherubim and Seraphim) and a market.

POLICY, LEGAL AND REGULATORY FRAMEWORK

A number of national and international environmental guidelines are applicable to the operation of the NEWMAP. The Bank’s policy on Involuntary Resettlement advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement shall 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.

This RAP will be aligned with the World Bank Operational Policies including Involuntary Resettlement Policy, which indicate best practices for rehabilitation of livelihoods of people affected by the implementation of the project.

IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS

The inventory indicated that land acquisition would not occur as a result of the project. There are no project impacts in the categories of loss of farm, economic tree, shrines/cultural property, etc. However, there may be minor to major loss of properties as a result of encroachment into the government approved ROW by members of the community during construction of houses and fence.

The road and drainage construction, which is a sub-project of the Amachalla Gully Erosion Rehabilitation project, will have a lot of beneficial impacts on the community. This will include but not limited to termination/control of the gully erosion at Amachalla, provision of good drainage and good access road network, improved sanitation, prevention of flooding within the area, reduction of water borne and water related diseases, employment, etc. In spite of these significant positive impacts, there are concerns for negative socio-economic impacts to the PAPs and communities because project activities will cause loss of assets, loss of income, physical displacement, restriction to access to source of livelihood and involuntary displacement/relocation.

Impact Reduction Measures Undertaken

The following are technical steps taken in consultation and concurrence of Anambra State NEWMAP PMU which have resulted in the reduction of adverse impacts of the project:

 Consulting/communicating the people of the project area and PAPs in particular on the day and time to expect civil work activities within their respective points/ROW  Required ROW within the streets is restricted to 1.5 meter only.  The design of the road networks was such that will enable avoidance as much as possible of structures while maintaining the sizes of drainages and road as it described in the engineering design.

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Census of Project Affected Persons (PAPs)

The outcome of the census conducted shows that 33 persons will be potentially impacted or suffer socio-economic losses as a result of sub-project activities.

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

Six (6) vulnerable persons were enumerated during the RAP census consist of female-headed households, the severely poor proxies by household heads on less than $5 per day and the elderly poor persons (above 60) with dependents. There was no vulnerable PAP in the category of HIV- AIDS persons and child headed households. However 1 physically challenged person (hard of hearing) was identified. No mentally disabled persons were identified as part of the PAPs.

Performance Indicators for Assessing Income Restoration

It is the responsibility of the monitoring and evaluation officer or the Safeguard Officer at the PMU to design a schedule and budget for monitoring the implementation of the RAP which will begin before project implementation and continue through the life cycle of the project. The monitoring indicators, for the RAP income restoration progress is attached as annex 2 of this report.

The Valuation methodology

The asset valuation was conducted based on the current market prices in the project area. For some materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the average market price plus 2% price flexibility adjustment was used for the valuation.

Valuation Method for Land Property

In line with OP 4.12 of the World Bank on involuntary resettlement as stated in the entitlement matrix, land for land entitlement is prescribed.

Replacement Cost Method for Assets/Structures

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

Disturbance and Other Incidental Contingencies

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

Subsistence and Transport Allowances

It is provided as a poverty alleviation measure, which this RAP seeks to address, that an amount of N 10, 000 be paid to all PAPs that will need to move their assets to a new location within Awka.

Similarly, a subsistence amount of N30,000 flat was provided for those that will suffer loss of income, including the vulnerable persons

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STAKEHOLDERS CONSULTATION

The major Stakeholder Consultation was held in Nkwo-amaenyi Market Square on 3rd of April, 2014. Consultations were also carried out prior to that. The Client and Consultant worked together to identify the key stakeholders that should be consulted at various stages of project implementation. This process was completed with the identification of project-affected areas, residents and relevant governmental stakeholders.

Consultation Method: A combination of various consultation methods were used to assess knowledge, perception and attitude of the groups consulted concerning the project, and its potential environmental and social impacts.

BUDGET AND FINANCING PLAN

Since the Anambra State Ministry of Environment is the ones impacting livelihoods, it will be their responsibility to fund the RAP budget. It will be financed through the projects administrative and financial management rules and manuals like any other sub-activity of the project eligible for payment under this project.

RAP Compensation Process: The compensation process will involve several steps in accordance with the report.

Compensation Payment Administration: The resettlement budget details prepared in this RAP shall be the guide for the Consultant/NGO to be engaged for RAP payment

Resettlement Implementation Linkage to Civil Works

Before any project activity is implemented, PAPs will need to be compensated/resettled in accordance with the entitlement matrix/budget plan established in this RAP.

INSTITUTIONAL MATRIX

The major institutions that are involved in this resettlement process are the Anambra State Ministry of Environment (SMEnv), the World Bank, and the Community Resettlement Committee (CRC).

Timetable for the Resettlement Action Plan: The RAP has to be completed and PAPs adequately compensated before operation in the designated ROW of the project.

Training and Capacity Needs

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

MONITORING AND EVALUATION

There will be two levels of monitoring; namely internal monitoring and external monitoring. Under internal monitoring the Anambra State Ministry of Environment will hire a monitoring and evaluation officer to work in the PMU while an external monitoring and evaluation officer will be engaged periodically by SMEnv.

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CHAPTER ONE INTRODUCTION

1.1 Overview of the Nigeria Erosion and Watershed Management Project (NEWMAP) The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed Management Project (NEWMAP), which is financed by the World Bank, Global Environment Facility, the Special Climate Change Fund, and the Government of Nigeria. NEWMAP finances activities implemented by States and activities implemented by the Federal government. The project currently includes 7 states, namely Anambra, Abia, Cross River, Edo, Enugu, Ebonyi, and Imo. The Nigeria Erosion and Watershed Management Project (NEWMAP) aims to reduce vulnerability to soil erosion in targeted sub-catchments.

The Project Development Objective (PDO) of the NEWMAP is to improve erosion management and gully rehabilitation; increase incomes for rural households from improved agricultural and forest practices through the use of conservation agriculture, agroforestry, natural regeneration, etc.; and gain efficiency in public administration and public spending through improved knowledge base, analytical tools, multi-sectoral coordination and stakeholder dialogue.

NEWMAP investments include a strategic combination of civil engineering, vegetative land management and other catchment protection measures, and community-led adaptive livelihood initiatives. The sustainability of these investments will be reinforced by strengthening institutions and information services across sectors and States, including support to improve governance, regulatory compliance, environmental monitoring, impact evaluation, catchment and land use planning, and to strengthen Nigeria’s capacity to promote and implement climate-resilient, low- carbon development.

NEWMAP involves many Federal and State Ministries, Departments and Agencies (MDAs), local governments, communities, and civil society. Effective implementation requires inter- ministerial and inter-state coordination, collaboration, and information sharing. Each component, sub-component and activity will be implemented through relevant Federal and State MDAs. The various MDAs include those responsible for planning, economy and finance, works, agriculture, water resources, forests, transport, power, emergency response, as well as those focused on climate and hydrological information or catchment/ basin regulation. Most of NEWMAP’s investments will be made at the State level, as States have primary responsibility for land management and land allocations.

NEWMAP Components are divided into 4 viz;

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Component 1: Erosion and Catchment Management investment Sub-component 1A Gully Rapid Action and Slope Stabilization Sub-component 1B Integrated Catchment Management Sub-component 1C Adaptive Livelihoods Component 2: Erosion and Catchment Management Institutions and Information Services Sub-component 2A Federal MDA Effectiveness and Services Sub-component 2B State MDA Effectiveness and Services Sub-component 2C Local Government Capacity Sub-component 2D Private Sector Capacity

Component 3: Climate Change Agenda Support Sub-component 3A Policy and Institutional Framework Sub-component 3B Low Carbon Development

Component 4: Project Management

The Amachalla gully site is located on the east side of Awka between the Government house road and old Onitsha- Enugu road housing estate beside Nkwo Amaenyi. The gully is made up of a main gully siting on the two roads with short fingers in other direction. The gully has an average height of 17m high with and consists of a lower and upper watershed within the catchment. The gully head has however exacerbated to ravines which started at the discharge ends of existing drains across the roads meeting at the junction were the gully sits, surrounding the communities. The gully further eroded due to faulty drainage from all the roads, which slopes towards the gully. The project area is populated; within the area consist of schools, including the Amaenyi Girls High School, a guest house (Festus Guest House), a market (Nkwo Amaenyi Market), the Imo Awka shrine, a Church (Eternal Scared Order, Cherubim and Seraphim) and a market.

The NEWMAP intends to rehabilitate the erosion gully site and reduce longer-tern erosion vulnerability in the targeted area. The activities for this sub-project will involve civil works in specific intervention sites – that is, construction of drainage works and/or rehabilitation of gullies. This could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement and hence the need for a Resettlement Action Plan (RAP) or an

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Resettlement Action Plan (RAP). Although this qualifies for an ARAP, it’s been decided that a full RAP is required to guide the intervention process for this project, because of the significantly high level of social impact of land in the project participating States.. More information on the justification of the report is provided in subsequent section.

1.2 Purpose of the Resettlement Action Plan (RAP)

The aim of the RAP is to identify and assess the human impact of the proposed works at the Amachalla Erosion Gully Site, and to prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws. Experience has shown that involuntary resettlement can cause loss of income, assets, and community ties that, especially among the poor, can be essential for survival and wellbeing. In extreme cases, involuntary resettlement can lead to the dissolution of families, impoverishment and health problems. The RAP will identify the project affected persons (PAPs), engage them in participatory discussions regarding the plan and formulating a plan of action to adequately compensate people for their losses.

1.3 Justification for Preparation of an RAP

The Policy of the World Bank is to ensure that persons involuntarily resettled caused by the taking of land in the context of a project supported by the Bank, have an opportunity to restore or improve their level of living to at least the pre-project level. Project affected people should participate in the benefits of the project and they should be given options regarding how they restore or improve their previous level of living. In the NEWMAP project it is not sufficient for communities to passively accept project works and the impacts of these works. Rather they must be mobilized to contribute actively to project design and implementation and to maintain the works following implementation. This feature underscores the need for accurate analysis of local social organization.

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

The core requirement of the OP 4.12 – Involuntary Resettlement is as follows:  Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs.  Assist project affected persons in improving t h e i r former living standards, income earning capacity, and production levels, or at least in restoring them back to the former status  Encourage community participation in planning and implementing resettlement.

Provide assistance to affected people regardless of the legality of land tenure.

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1.4 RAP Methodology

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

1) Initial meetings with Anambra State NEWMAP PMU

This meeting offered the opportunity to clarify relevant issues in the terms of reference and to agree on deliverables and timelines. The outcome of this meeting culminated in the collection of relevant documents from project proponent and other relevant bodies. These documents include Thematic Maps; Engineering Drawings, Resettlement Policy Framework for NEWMAP, Environmental and Social Management Framework for NEWMAP, NEWMAP Project Implementation Manual (PIM),NEWMAP Project Appraisal Document (PAD), Nigeria Land Use Act (1978) and World Bank guidelines and Policies on Involuntary Resettlement.

2) Literature Review

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

3) Initial/Reconnaissance Site Visit and Stakeholder Consultation

This step was important to determine the magnitude and nature of the anticipated impacts identify the affected communities, community leaderships and associations in which potential PAPs belong. It was also used to consult with the stakeholder MDAs whose assistances and cooperation is expected to ensure sustainable project implementation. 4) Engagement of field officers/enumerators

Enumerators were selected from the consultant’s office and this selection was based on field experience. The field officers were trained on the use of the survey instrument and on the nature of the policy guidelines that underlay the project. This was undertaken with mock exercise carried out to test their understanding and capabilities before embarking on field survey.

5) Identification of PAPS and Affected Assets

Identification of project-affected persons (PAPs) was based on the following considerations: Owners of assets/structures along the right of way (ROW), about 1 meter for the streets where the road and drainage construction will take place this was done taking into cognisance the location of public utility (electric) poles along the ROW. Details on this are presented in Chapter Five

4 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

6) Consultation of Affected Communities, PAPs and MDAs

Aside those who were physically visited and engaged in consultations, the consultant engaged the local chiefs, association leaders, Community Development Councils in the dissemination of information to the project area. The essence of this was to invite all stakeholders and project affected persons to a public consultation with date, venue and time specified.

5 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

CHAPTER TWO DESCRIPTION OF THE PROPOSED PROJECT

2.1 Introduction

This chapter presents a description of the project area and proposed road construction based on the feasibility reports and engineering designs for the planned rehabilitation of the Amachalla gully erosion site. The proposed rehabilitation works is part of the intervention programme of the World Bank (NEWMAP sub-project), which is aimed at reclaiming of the already degraded part of the region for subsequent utilization of land for either agricultural purposes or other developmental projects. Considering the economic viability, cost benefit analysis, culture of the people, the rehabilitation works will be done as follows;

 Construction of roads leading to the gully heads which serves as drain channels that lead the storm water and also adequately design drainages that will channel the water to collector drains at the gully head (Peter Onwuka Street, Eugene Nwude Street and Channel 10 road i.e. Onwubiko Street).  Construction of suitable sized and aligned collector drains at the gully head to lead the storm waters into drop structures to be constructed.  Easing of the sides to stable slopes in sections where space permits.  Construction of other components such as concrete stepped channel, chute channel and stilling basin.

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Figure 1 Setting out drawing of Amachalla Gully site

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP 2.2 Design Concepts

The erosion at Amachalla can be classified under permanent incised gully erosion. They occur on both natural and disturbed lands. The gullies are typically wide and deep relative to the flow in them. The channel bottom drops abruptly in elevation at the head cut and the channels widens abruptly from the upstream concentrated flow area to the downstream gully. The gullies typically have a very steep side-walls. The sidewalls have also retreated laterally to produce a wide channel with steep side-wall and shallow flow.

The Amachalla gully problem emanated from the uncontrolled storm water discharged down the steep sandy slopes of interconnecting village roads. The adjoining land or properties by the sides of the roads are higher than the road levels, with the effects that the roads form the natural channels for conveying the storm water to the gully heads. This has been exacerbated by increased, unplanned heavy development of the town, which had tremendously increased the impermeable surfaces, thus increasing the quantity of run-off from each rainfall. The erosion was first noticed on June 12, 2011, after the construction of Zik Avenue, Awka, which resulted in further increase in storm water, discharged to the channel 10 roads that lead to the gully head.

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Figure 2 The 3 Road Channels

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

2.3 Civil works/design solutions 2.3.1 Construction of the adjoining roads

The major cause of the erosion as stated earlier is the uncontrolled discharge from these adjoining roads, which act as storm water channel to the gully head. To proffer a permanent solution to the erosion problem, the cause has to be properly addressed. Once this storm water is properly channeled and controlled, its destructive effect on eroding the soil will be taken care of hence the need to construct the road and the side drain along the road. If the erosion is addressed without the roads it will amount to waste of resources as whatever solution proffered will be eroded and carried away by the storm water. The roads are designed to have a width of about 7.7m with drainages on both sides of 1.4m each giving a total of 10.5m taken from the ROW.

2.3.2 Construction of drainages

The drainage at each point of the road will be made in concrete before the water enters the main channel. This channel will take the water to the sloping glacis (chute) which is also made of concrete and from there to stilling basin where the water will be stilled and taken to the natural stabilized valley through the gabion mattress. The side slopes of the channels, stilling basin and the chutes will be treated with structured vegetation which will include sand bags, erosion resistance trees, plants and grasses in other to make the area environmental sound.

Dr O A Anyadiegwu 10

Figure 3 Road drainage design

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

2.3.3 Easing of the sides to stable slopes in sections where space permits.

Focus will be on the use of vegetation to stabilize soil on slopes prone to mass movements. Before a plant can be chosen for a particular function, its physical and hydrological properties will be determined, thus the root architecture of grasses, shrubs and trees described and the soil hydrological and mechanical factors which influence vegetation will also be discussed.

2.4 Design components 2.4.1 Concrete stepped channel

The concrete channel will have a total length of 75 meters (75m) which will be divided into three steps of twenty five meters (25meach and with a width of 1.5m, while the height of the step is two meters (2m) each. To facilitate the construction of the step and ensure stability due to earth pressure on the steps, gabions will be introduced at the rear of each step. The stepping of this channel should be considered very necessary in order to reduce energy and the velocity of the flow between the beginning of the channel and the sloping glacis. If the channel is not stepped, the slope would be higher with the consequent effect of higher velocity and a larger basin.

2.4.2 Chute channel

The chute channel will have a total length of thirty six meters (36m), 1.5 width, 1.5m height of side wall of 250mm and 180 sloe, to check sliding of the chute channel, a chute block will be subdivided into ten meters section and then construction joints introduced. These construction joints will be treated with water stop, bituminous sealant material, and detailed in such a way that, if there is any leakage through the joints it will not create hydrostatic pressure on the floor of the chute but instead will flow down. The thickness of the concrete floor for the chute is 450mm while the wall thickness is 250mm reinforced concrete.

11 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Figure 4 Structural detail of Chute 2.4.3 Stilling basin

The stilling basin will have the following parameters, height of hydraulic jump 2.30m, length of hydraulic jump 10m, the critical depth of water is 670mm and hence the basin will be embedded into the ground by 1900mm, the downstream will be protected with gabion mattress until the water enters the naturally stabilized valley. The length of the gabion mattress is fourteen meters.

Figure 5 Design for the Stilling Basin

12 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

CHAPTER THREE DESCRIPTION OF THE AREA OF INFLUENCE AND SOCIAL BASELINE CONDITIONS

3.1 Overview of the Project State

Anambra State is located within the south-eastern zone of Nigeria with s land mass of over 4120 sq. km. The state has a population of 4,055,048 (2006 Census). Anambra state is situated on a low elevation on the eastern side of the River Nigera and shares boundaries with Kogi, Enugu, Imo, Abia, Delta, Rivers and Edo states. The twenty-one (21) Local Government Areas in Anambra State are: Aguata, Anambra East, Anambra West, Aniocha, Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili South, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba North, Orumba South, Oyi.

The project area is situated in Awka, the capital of Anambra State is an urban city located between Latitude 6.21°N and Longitude 7.07°E on the south eastern part of Nigeria with an estimated population of 301,657 as of 2006 Nigerian census.

3.1.1 Physical Environment of Anambra State

Geology

Anambra State lies in the Anambra Basin and has about 6,000 m of sedimentary rocks. The sedimentary rocks comprise ancient Cretaceous deltas, somewhat similar to the Niger Delta, with the Nkporo Shale, the Mamu Formation, the Ajali sandstone and the Nsukka Formation as the main deposits. On the surface the dominant sedimentary rocks are the Imo Shale a sequence of grey shales, occasional clay ironstones and Sandstone beds.

The Imo Shale underlies the eastern part of the state, particularly in Ayamelum, Awka North, and Oruma North LGAs. Next in the geological sequence, is the Ameke Formation, which includes Nanka Sands, laid down in the Eocene. Its rock types are sandstone, calcareous shale, and limestone in thin bands. Outcrops of the sandstone occur at various places on the higher cuesta, such as at Abagana and Nsugbe, where they are quarried for construction purposes. Nanka sands out crop mainly at Nanka and Oko in Orumba North LGA.

Lignite was deposited in the Oligocene to Miocene; and it alternates with gritty clays in places. Outcrops of lignite occur in Onitsha and Nnewi. The latest of the tour geological formations is the Benin Formation or the coastal plain sands deposited from Miocene to pleistocene. The Benin Formation consists of yellow and white sands. The formation 13 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

underlies much of lhiala LGA. Thick deposits of alluvium were laid down in the western parts of the state, south and north of Onitsha in the Niger and Anambra river floodplains.

Landforms and Drainage

Anambra State falls into two main landform regions: a highland region of moderate elevation that covers much of the state south of the Anambra River, and low plains to the west, north, and east of the highlands. The highland region is a low asymmetrical ridge or cuesta in the northern portion of the Awka Orlu Uplands, which trend roughly southeast to North West, in line with the geological formations that underlie it.

It is highest in the southeast, about 410m above mean sea-level, and gradually decreases in height to only 33m in the northwest on the banks of the Anambra River and the Niger.

The lower cuesta, formed by the more resistar sandstone rocks of the Imo Shale, rises to only 150m above mean sealevel at Umuawulu an decreases in height northwestward to only 100m < Achalla. Its escarpment faces the Mamu Rive plain and has a local relief of between 80 and 30n West of it, is the higher cuesta, formed by the sane stones of the Ameke Formation. Its height is abov 400m in the south-east at lgboukwu and lsuofii decreasing northwestward to less than 300m ; Agbana, and to only 100m at Aguleri.

3.1.2 Biological Environment

Three soil types can be recognised in Anambra State. They are: (i) alluvial soils, (ii) hydromorphic soils, and (iii) ferallitic soils. The alluvial soils are pale brown loamy soils. They are found in the tow plain south of Onitsha in Ogbaru and in the Niger Anambra low plain north of Onitsha. They differ from the hydromorphic soils in being relatively immature, having no well-developed horizons.

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Figure 6 Map of Anambra Showing the project community

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

3.1.3 Ecological Issue

Some of the major ecological issues encountered in Anambra mostly includes; flooding and erosion. The erosion issues have exacerbated overtime due to the extensive forest clearing, often by bush burning, and continuous cropping with little or no replenishment of soil nutrients. This further resulted in the disruption of the ecological equilibrium of the natural forest ecosystem. Such a situation in a region of loosely consolidated friable soils is prone to erosion, giving rise to extensive gully formation typical to the one experience in Amachalla village and several other communities in Anambra State.

3.2 Overview of Awka

Awka comprises seven Igbo groups sharing common blood lineage divided into two sections. Ifite Section, the senior section, comprises four groups, Ayom-na-Okpala, Nkwelle, Amachalla, and Ifite-Oka followed by Ezinator Section, which consists of three groups, Amikwo, Ezi-Oka and Agulu. Each of these groups has a number of villages. The project area falls under Amachalla village.

Economy - Awka is the administrative headquarters of Anambra State. The major occupation in the city includes civil service, farming and trading. The partly state- owned Orient Petroleum Resources Ltd has the headquarters in Awka.

Education - Awka has a large university community, which at times comprises around 15% of the population of the town. It hosts two primary universities of higher/tertiary education - Nnamdi Azikiwe University and Paul University.

Cultural Resource – The indigenes of Awka are culture conscious and this plays a vital role in their lives. Within the Amachalla community exists a shrine known as the Imo Awka shrine. A festival is held at the beginning of the farming season in May in honour of a female deity who it is hoped would make the land fertile and yields bountiful crops. The festival starts with Awka people visiting the community of Umuokpu with masquerades and it ends with a visit to the Imo Awka stream on the final day, which is heralded by a heavy rain that falls in the late afternoon.

Erosion and Watershed Issues: The main ecological hazards in the area are accelerated gully erosion and flooding. Extensive forest clearing, often by bush burning, and continuous cropping with little or no replenishment of soil nutrients, resulted in the disruption of the ecological equilibrium of the natural forest ecosystem. Such a situation in a region of loosely consolidated and easily eroded soils is prone to serious erosion, giving rise to extensive gully formation.

16 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Many of the gullies are at the head streams of the rivers that flow down the cuestas. The head streams carve their valleys deep into the deeply weathered red earth; developing dendritic patterns of gullies.

3.3 The Project Area

The Amachalla gully site is located on the east side of Awka between the Government house road and old Onitsha- Enugu road housing estate beside Nkwo Amaenyi. The gully is made up of a main gully siting on the two roads with short fingers in other direction. The gully has an average height of 17m high with and consists of a lower and upper watershed within the catchment. The gully head has however exacerbated to ravines which started at the discharge ends of existing drains across the roads meeting at the junction were the gully sits, surrounding the communities. The gully further eroded due to faulty drainage from all the roads which slopes towards the gully. The project area is populated, within the area consist of schools, including the Amaenyi Girls High School, a guest house (Festus Guest House), a market (Nkwo Amaenyi Market), the Imo Awka shrine, a Church (Eternal Scared Order, Cherubim and Seraphim) and a market.

The NEWMAP intends to rehabilitate the erosion gully site and reduce longer-tern erosion vulnerability in the targeted area. This activity will be employed through some civil works such as construction of infrastructure and stabilization of the gully. An engineering report has already been prepared for the Amachalla erosion gully intervention Amachalla that highlights on the detailed civil works that will be carried out. The rehabilitation works will trigger some of the World Bank Safeguard Policies including Environmental Assessment (OP 4.12); Natural Habitats (OP 4. 04); Physical and Cultural Resources (OP 4.11); Involuntary Resettlement (OP 4.12)

3.3.1 Physical Environment

Climate The climate is characteristically of the Equatorial type found in South-Eastern Nigeria, essentially warm and humid. This is a resultant effect of its prevailing seasonal wind, nearness to the sea coast and the relatively flat topography of the environment. A humid Tropical Maritime (mT) from across the Atlantic Ocean in the south dominates the region in the longer wet season (April to October). A drier Tropical Continental (cT) air mass blowing from the northeast direction controls the climate and meteorology of the area during the dry season (November to March). Around December, it culminates into a very hungry (i.e. dry) and foggy harmattan wind as it blows right from across the continental region of the West African sub-region.

17 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Most of the original Rain forest in the project community has been lost due to clearing for farming and human settlement. A few examples of the original rain forest remains at places like the Imo Awka shrine.

Temperature Air temperature has seasonal and diurnal variations. On the average, the ambient maximum air temperature in the area varies from 28.00C to 37.50C while the minimum temperature varies from about 220C to 270C. Lowest values are recorded in the month of July through August. This coincides with the peak of the rainy season. The diurnal range is kept at a low 40C. The temperature of the area is influenced primarily by the apparent movement of the sun, wind direction and speed as well as land configuration (NIMET).

30 2008 20 2009

10 2010

0 2011

2012

Figure 7 Temperature pattern

Rainfall The climate is tropical with two distinct seasons, the rainy season and the dry season. The rainy season begins around the first of May and continues into September while the dry season runs from November to April. Rainfall reaches its highest monthly maximum of 300 – 400mm during the month of June through September and drops to 0.0-1.0mm in December and January. During the rainy season, a marked interruption in the rains occurs during August, resulting in a short dry season often referred to as the “August break”, though for years now this has not been consistent in August due to climate change.

18 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

600

500

400 2008

mm3) (

300 2009

2010 olumn 200

V 2011 100 2012

Month Figure 8 Rainfall pattern

The dry season is characterized by the cold dry “Harmattan” from the Sahara Desert. During this period, which begins in November and runs through January a dry and dust laden wind blows from the Sahara Desert. This sometimes makes the hills obscure due to the poor visibility. The sun is also obscured during this period by the prevailing dust haze.

Relative humidity Relative humidity is high both day and night. It is greater than 85% at night, above 81% in the mornings and between 60% and 75% in the evenings. Generally the drier months (December to February) have lower values.

2.5

2008 1.5 2009

1 2010

2011 0.5 2012 0

Figure 9 Pattern of Relative hum idity

Wind Speed Wind speed is generally low and usually less than 3 m/s under calm conditions most of the year. Relatively higher wind speeds may occur mainly in the afternoons inducing convective

19 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP activities and creating diffusion characteristics. Incidences of these are often associated with thunder and lightning especially during changing seasons. Atmospheric disturbances such as line squalls and disturbance lines often induce the variability that results in speeds higher than 5 m/s. Such increases characterize the beginning of rainy season (March-April) and end of heavy rains (September-October), during which storms are more frequent. The harmattan season (December to February) can give rise to occasional high wind regimes.

Wind Direction Wind directions are quite variable over the region. Data shows that about 60% of the winds are south-westerlies and westerlies during the day in the wet season (NIMET). Southerlies, south easterlies and south westerlies prevail more in the night during the period. This implies that directions are usually more variable in the nights than in the mornings.

The winds are mostly northerlies, north easterlies and north westerlies in the dry season particularly in the mornings. They are more of sourtherlies, south easterlies and/or westerlies during the evenings, indicating the fairly strong influences of the adjoining maritime oceanic air masses, contrasting land and sea breezes as well as appreciable degree of differential heating of the two surfaces.

Geology Awka lies below 300 metres above sea in a valley on the plains of the Mamu River. Two ridges or cuestas, both lying in a North-South direction, form the major topographical features of the area. The ridges reach the highest point at Agulu just outside the Capital Territory. About six kilometres east of this, the minor cuesta peaks about 150 metres above sea level at Ifite –Awka.

It lies on the Middle Eocene sediment of the Tertiary period called the Bende-Ameki Formation. It constitutes the main bulk of the Eocene strata overlaying the Imo shale group. Ameki formation consists of a series of highly fossiliferous greyish green sandy clay with calcareous concretions and white clayey sandstone.

Nanka Sand is a lateral equivalent of the Bende-Ameki Formation. The lithology consists of fine to coarse sandstone with abundant intercalations of calcareous shale and thin shaley limestone below, and of loose cross-bedded white or yellow sandstone with bands of fine- grained sandstone and sandy clay above.

The Ameki Formation is uncomfortably overlain by the Ogwashi Asaba Formation. The contact between these two formations can be discerned by the occurrence of thin layers of lignite.

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3.3.2 Biological Environment

Flora The vegetation types encountered within the Study Area are as follows: - Areas of fallow bush of varying ages - Fields used for rotational subsistence farming - Degraded secondary rainforest as well as statutory and communal forests

All flora habitats surveyed were found to comprise shrubs, grasses, sedges and a mixture of mature trees and re-growing juvenile trees.

Table 3.0 Some common plants found within the community

S/NO COMMON NAME BOTANICAL NAME

1. Maize /corn Zea mays

2. Cassava Manihot esculenta

3. Banana Musa sapientum

4. Water leaf Talinum triangulare

5. Okro Abelmoschus esculentus

6. Pineapple Ananas comosus

7. Guava Psidium guajava

8. Cocoyam Colocasia esculenta

9. Pumpkin Cocurbita pepo

10. Melon Citrullus vulgaris

11. Pepper (small) Capsicum annuum

12. Mango Magnifera indica

13. Pawpaw Carica papaya

14. Bitter leaf Vernonia amygdalina

Fauna The Cercopithecus mona also known as Mona Monkeys is one of the wildlife mammal seen within the project area. This animal is seen as sacred in the area so much so that a ceremony is performed annually in its honour. Other wildlife found in the project area includes grass cutters, porcupines, etc. 21 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Furthermore, cattle, goat, sheep, poultry and pig were some of the livestock sited within the project area.

Photo 1 Sacred Monkey Photo 2 Mona Monkey 3.3.2 Social Environment

Demographics The study intends to identify and document the demographic data of the project communities such as population, literacy level, occupation, dependency level, housing and social amenities. These data will be useful not only in establishing the importance of the rehabilitation of the Amachalla Erosion site but equally in quantifying the environmental and social impacts of the planned works which will help determine the management plans for the said project. More importantly, the baseline data will be useful for monitoring and evaluating the post implementation condition of the community and by implication the success of the project.

Anambra State is located within the southeastern zone of Nigeria with Awka as its capital. Onitsha and Nnewi, which are listed amongst the biggest commercial cities in Africa, are in Anambra State. The state has a landmass of over 4120 sq. km.

Awka, the Anambra state capital is a fast growing area, which is mostly urban with some rural communities. It has an estimated population of 301,657(2006 census). This is one of the oldest settlements in Igboland established at the centre of the Nri civilization which produced the earliest documented bronze works in Sub-Saharan Africa around 800 AD and was the cradle of Igbo civilization.

Awka is divided into seven Igbo groups namely;  Ayom-na-Okpala (Umuayom, Umunnoke, Umuoramma and Umuokpu.),  Nkwelle (Achallaoji, Umunamoke, Agbana, Umudiaba),  Amachalla (Amachalla, Amudo, Umuzocha),

22 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

 Ifite-Oka (Enu-Ifite, Ezinato-Ifite, Agbana-Ifite),  Amikwo (Umudiana, Okperi, Igweogige, Isiagu, Obunagu,)  Ezi-Oka (Omuko, Umueri, Umuogwal, Umuogbunu 1, Umuogbunu 2, Umudioka, Umukwa), and;  Agulu (Umuogbu, Umubele, Umuanaga, Umuike, Umujagwo, Umuenechi, Umuoruka).

Several factors have contributed to an accelerated growth rate and development in Awka and environs. These factors include the economic development via industrialization (e.g. Juhel Pharmaceuticals), proximity to Onitsha (the commercial centre of the State) and Education.

Awka hosts a number of tertiary institutions (Nnamdi Azikiwe University, Anambra State University Igbariam campus, and some privately owned institutions). This to a large extent determines population distribution in the area.

Amachalla, the immediate project community, is one of the 33 villages that make up Awka as a whole.

Local Economy

The primary engagement of the Amachalla people is agriculture and trading. The diverse vegetation and soil types in the project state encourage the practice of a variety of agricultural activities like crop farming, forestry, fishery and animal husbandry. Some of the crops include maize, cassava, yam, palm produce and vegetables. Some few others are into palm wine tapping, cottage industries and Artisanship. Commercial activities varying from petty trading to distribution businesses in commodities and agricultural produce can be found in all nooks and cranny in the project area.

Photo 3 Nkwo Amaenyi market 23

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Photo 4 Major Market in Amachalla

Land Use/Tenure

 While majority of the land use is for agricultural purposes others are for residential settlement, market places and public reserve for future development uses.  A combination of traditional land ownership system and government ownership of land is observed in the area. However, the Amachalla community practices the traditional land ownership system.

Historic and Cultural Resources

The survey has so far identified two historic and/or cultural resources in the area. This includes the Imo Awka shrine and the mmili monki named after the mona moneys that inhabit the forests within this area. The Rehabilitation of the Amachall Gully Erosion site will not affect the cultural heritage of the Amachalla.

Photo 5 Imo-Awka Shrine

24 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Photo 6 Section of the Imo Awka shrine

3.3.3 Health Assessment

Field observation showed that there are a good number of available healthcare centers. (Primary, Secondary and Tertiary) within Awka. Visit to some of these healthcare facilities and interviews were conducted during the scoping exercise. Observation showed that Malaria is the prevalent disease in the project area.

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

The socio-economic assessment studies were aimed at examining the socioeconomic conditions of the PAPs. This will be relevant for measuring and monitoring the progress of this RAP implementation.

3.4.1 Gender Distribution of PAPs

It was gathered from the field survey that majority of the PAPs (about 70%) are males while females are 30%. This implies that vulnerability concerns will apply as there are a good number of female PAPs. This implies that livelihood restoration measures should be properly and thoroughly carried out in consulting with PAPs.

25 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Gender

30%

70%

Male Female

Gender distribution of PAPs within the streets

0 Peter Onwuka St Eugene Nwude St Channel Ten St Total

Male Female Total

Figure 10 Gender distribution of PAPs within the street

3.4.2 Age Distribution of PAPs

As shown in figure below, PAPs are adults that range from 21 to above 60 years. The graph shows that those between ages 41-50 years, 51-60 years and those above 61 years constitute the dominant population of PAPs with a combined proportion of about 84%. The least age group among PAPs belongs to those from 21-30 years.

26 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Age Distribution of PAPs

0 Peter Onwuka Eugene Nwude Channel Ten Total

Age 21-30 years Age 31-40 years Age 41-50 years

Age 51-60 years Age 61-above Figure 11 Age Distributions of PAPs 3.4.4 Marital status of PAPs

PAPs are predominantly married people (about 85%). Singles and widows/widowers are the other marital status that featured among the PAPs. The significance of this result is that PAPs are majorly men and women who are the breadwinners and help mates in their respective households.

Marital Status

5% 5% 5%

85%

Single Married W idow W idower

Figure 12 Marital Status of the PAPs

27 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Most people or PAPs have some form of education (85%). The highest number of PAPs (30 %) Indicated that their highest level of academic qualification is WAEC/GCE, while about 15% percent of PAPs did not have any formal education. The implication of this section to this RAP is that majority of PAPs have the minimum level of education that might help them in making informed decision, or participate meaningfully in the resettlement plan meetings that is to come.

5% 15% 25% 15%

10%

30%

No Education FSLC W ASC/GCE T CH/OND HND /BSc MSc/PhD

Figure 13 Education qualification of the PAPs 3.4.5 Average household size of PAPs

The survey shows that most of the PAPs (45%) run large households (Above 7). 35% of the PAPs have medium sized households while 20% have families of 2-4 members. This goes to show that the level of dependent on the Head of Household will be much and there will be a heavy burden on the family if involuntary displacement occurs.

Small(2-4) 20% Large(Above 7)

45% Medium (5-7) 35%

Figure 14 Average household size of PAPs Small(2-4) Medium (5-7) Large(Above 7)

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

3.4.6 Income status of PAPs

Field survey shows that dominant income groups amongst PAPs lie between ₦1,100- ₦2,500 and ₦2,500 and above per day respectively. The trend shows that about 95% of PAPs each belong to either of these two groups. The survey also shows that about 5% fall within the income of ₦100- ₦500 per day while about 65% of PAPs earn about ₦2500 or more per day.

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

Average income of PAPs in the project area were measured at two levels; the overall average which indicates an aggregation of middle and low level income earning PAPs and the low income groups with lowest limit of N500 per day. The outcome is that on the overall aggregation, PAPs mean income is ₦5184 or $32.4 per day (for middle and low income combined) and ₦1600 or $10 per day for lower income group.

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

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

PAPs Daily Income trend

30%

65%

₦100-₦500 ₦600-₦1000 ₦1100-₦2400 ₦ 2500+ Figure 15 Daily Income trend of the PAPs

29 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

CHAPTER FOUR POLICY, LEGAL AND REGULATORY FRAMEWORK

4.1 Introduction

A number of national and international environmental guidelines are applicable to the operation of the NEWMAP. The following policy and regulatory frameworks guided the preparation of this RAP.

4.2 The Resettlement Policy Framework (RPF) of the NEWMAP

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

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

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

Informed about their options and rights pertaining to resettlement;  Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives;  Provide prompt and effective compensation at full replacement cost for losses of assets and access attributable to the project.

 Enabled to restore and preferably improve their living standards compared to

the pre-project Condition

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

The RPF specified that occupants who must be displaced will be moved at minimum cost and at short distance as possible. It also states that occupants who must be moved 30 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP will be assisted physically by inclusion of preparatory site work in the works programme of the contractor and/or by payments to move shops and items of livelihoods to alternative locations. It also recommended the setting up of a dispute resolution mechanism that will address complaints and grievances that may emanate from the resettlement or compensation process.

The preparation of this RAP is consistent with the guidelines and recommendations of the RPF of NEWMAP which is also found to be in agreement with the guidelines of the World Bank OP 4.12.

4.3 Relevant Nigeria Acts and Legislations 4.3.1 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”.

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 summarized in this section. 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.

Local governments may grant customary rights of occupancy to land in any non-urban area to any person or organization for agricultural, residential, and other purposes, including grazing and other customary purposes ancillary to agricultural use. 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.

31 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

4.3.1.1 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.

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 32 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP 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, 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.

33 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

4.4 State Legislations

The relevant state ministry is the State Ministry of Lands, Survey & Town Planning. Some of the functions of the State Ministry include:

Anambra State Ministry of Lands, Survey and Town Planning

The ministry is given the task of taking up responsibility for all form of land policies within the state. It gives advices to the government on land tenure issues, and also manages government land and properties.

The Ministry of lands, urban and regional planning is also tasked with administrative rights to land use decree, urban development, town planning, city and town rejuvenation.

4.5 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 involuntary resettlement. It is against this background that policies and guidelines have been set for managing such issues. The World Bank’s policy on involuntary resettlement will be applied in any sub-project of the NEWMAP that displaces people from land or productive resources due to land take. Where there is conflict between national legislation and World Bank Operational Policies, the latter policies shall prevail.

4.5.1 The World Bank Policy on Involuntary Resettlement (OP. 4.12) and The RAP for Amachalla

The Bank’s policy on Involuntary Resettlement advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement shall 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 shall 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.

34 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

For the nature of the Rehabilitation of the Gully site in Amachalla, which will also involve some road constructions, the World Bank required the preparation of a Resettlement Action Plan which will guide in the execution of a sustainable resettlement or compensation process for all the PAPs.

4.5.2 Conclusion Drawn from the Review of World Bank Policies on Involuntary Resettlement

Review of the different policy guidelines of the World Bank (OP/BP 4.12) shows that primarily, the World Bank agree that PAPs be compensated or assisted irrespective of legal status of PAPs to the land/or place they occupy. The key concern articulated in this policy is to ensure that PAPs are compensated or assisted including income restoration measures to ensure that they are not economically worse off relative to pre-project period.

4.5.2.1 Comparison between Land Use Act and the World Bank’s Policy (OP4.12) on Compensation In this section a comparison is made between the World Bank policies (OP4.12) and the Nigerian Land Use Act. 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 an announced 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 prior to the commencement of works. Thus all land to be acquired by the government for this project will 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 4.0 Comparison of Nigerian Land Use Act and World Bank OP4.12 on compensation

CATEGORY NIGERIAN LAW OP 4.12 OF THE WORLD BANK Land Owners: statutory rights Cash compensation based upon Recommends land-for-land market value compensation, or cash compensation at replacement Land Owners: customary Cash compensation for land Ecosqut.iv alent value. If not, cash at rights full improvements; compensation in replacement value, including kind with other village/district land transfer costs. Land Tenants Entitled to compensation based on Entitled to some form of the amount of rights they hold upon compensation subject to the legal land. recognition of their Land Users Laoccundp uasnecyrs. without title rights be it Entitled for compensation for

35 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

CATEGORY NIGERIAN LAW OP 4.12 OF THE WORLD BANK customary, C of O or R of O are not crops and entitled for land entitled to any form of replacement and income loss compensation or assistance compensation for minimal of the pre- project level. Owners of Non-permanent Cash compensation based on Entitled to in-kind compensation Buildings prevailing market value or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement. Owners of permanent Cash compensation based on Entitled to in-kind compensation prevailing market value or cash compensation at full Buildings replacement cost including labour and relocation expenses, prior to displacement. This RAP will be aligned with the World Bank Operational Policies including Involuntary Resettlement Policy which indicate best practices for rehabilitation of livelihoods of people affected by the implementation of the project. This is so because they are involved in the funding of the project and also because their respective policies most fulfill the pro-poor objectives of the project, ensuring that the conditions of PAPs are preferably improved and at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs.

36 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

CHAPTER FIVE IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS

5.1 Approach to Impacts and PAPs Identification

Chapter 1 of this report provides the methodology for impacts and PAPs identification, which included census/inventory survey and consultation with the PAPs. Consultation with the project community and PAPs was continuous and started during the preliminary visit in May 2014.

The inventory taken showed that land acquisition will occur as a result of the project. This involves one PAP whose building and part of the land falls within the road route. There are no project impacts in the categories of loss of farm, economic tree, shrines/cultural property, etc. However, there may be minor to major loss of properties as a result of encroachment into the government approved ROW by members of the community during construction of houses and fence.

Photo 7 Section of Onwubiko street (Channel 10)

37 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Photo 8 A section of Eugene Nwude street

Photo 9 A section of Peter Onwuka St Photo 10 A Section of Onwubiko Street

38 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

5.2 Discussion of Project Impacts

The road and drainage construction which is a sub-project of the Amachalla Gully Erosion Rehabilitation project will have a lot of beneficial impacts on the community. This will include but not limited to termination/control of the gully erosion at Amachalla, provision of good drainage and good access road network, improved sanitation, prevention of flooding within the area, reduction of water borne and water related diseases, employment, etc.

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

Loss of Land: There will be Loss of land as a result of the project. This involves a single PAP.

Loss of Buildings or Structure: Due to encroachment and extension of roofs and balconies, fences, sewage tanks and pavements on the ROW especially by people living along Eugene Nwude Street, there is going to be significant adverse economic impacts on PAPs in such conditions. This group of persons might lose their structures and income earned from them. About 33 PAPs were identified in overall.

Loss of other Means of Livelihood (Shops): It was observed that some persons (3 PAPs) who own shops within the project area might lose their major source of livelihood as these structures may be removed during the civil works.

5.3 Impact Reduction Measures Undertaken

The f o l l o wi n g a r e t ech n ic a l steps taken in consultation and concurrence of Anambra State NEWMAP PMU which have resulted in the reduction of adverse impacts of the project:  Consulting/communicating with the people of the project area and PAPs in particular on the day and time to expect civil work activities within their respective points/ROW  Required ROW within the streets is restricted to 1.5 meter only.  The design of the road networks was such that will enable avoidance as much as possible of structures while maintaining the sizes of drainages and road as it described in the engineering design.

In spite of the outlined impact reduction measures above, mitigation measures have also been clearly prepared in this document, which is in line with the World Bank policy (OP

39 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

4.12) on involuntary resettlement to ensure that those who must suffer economic impact are restored to the pre-project state.

5.4 Inventory of Affected Assets/Structures in the Project Area

About 27tructures will be negatively impacted due to the sub-project activities. Some of the PAPs have more than one of their structures/ parts of structures impacted.

Table 5.0 Inventory of Impacts

S/N COORDINATES STREET/NUMBER CATEGORY OF AFFECTED USE OF IMPACT PARTS STRUCTURE (m2) 1 Permanent/Immoveable Fence Residential

2 Permanent/Immoveable Fence Residential

3 Permanent/Immoveable Fence and 6 Residential bedroom with toilet and bathroom

4 Permanent/Immoveable Kiosk wall and Business roof 5 Permanent/Immoveable Fence with 2 pillars 6 Permanent/Immoveable Roof and Business wall 7 Permanent/Immoveable Part of Residential building, roof and balcony with 3 pillars 8 Permanent/Immoveable Fence with 1 pillar Residential

9 Permanent/Immoveable Part of Residential building with decking and 7 pillars 10 Permanent/Immoveable Septic tank Residential

11 Permanent/Immoveable Balcony, Residential roof with pillars

12 Permanent/Immoveable Fence NA

13 Permanent/Immoveable Balcony Church

14 Permanent/Immoveable Fence and Residential toilet 15 Permanent/Immoveable Septic tank Residential and chamber

40 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

S/N COORDINATES STREET/NUMBER CATEGORY OF IMPACT AFFECTED USE OF PARTS STRUCTURE (m2) 16 Permanent/Immoveable Septic tank Residential and concrete slab 17 Permanent/Immoveable Fence with 2 Residential pillars 18 Permanent/Immoveable Part of Residential building: toilet, bathroom, roof and 3 pillars 19 Permanent/Immoveable Part of the Poultry building 21 Permanent/Immoveable Fence with 3 Residential pillars and part of roof

22 Permanent/Immoveable Fence with 8 Residential pillars 23 Permanent/Immoveable Fence with 9 Residential pillars and part of one room BQ 24 Permanent/Immoveable Part of 3 Store room rooms building 25 Permanent/Immoveable Part of Business building, roof and decking 26 Permanent/Immoveable Fence, Residential security post and decking 27 Permanent/Immoveable Concrete Residential slab extension

5.5 Census of Project Affected Persons (PAPs)

Census of PAPs was carried out based on the methodology described in Chapter 1. The outcome shows that 33 persons will be potentially impacted/suffer socio-economic losses as a result of sub-project activities. PAPs also include 6 vulnerable persons. The census register for the RAP describes the names of PAPs, means of identification/contact and affected items.

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

Six (6) vulnerable persons were enumerated during the RAP census consist of female- headed households, the severely poor proxies by household heads on less than $5 per day and the elderly poor persons (above 60) with dependents. There was no vulnerable PAP in the category of HIV-AIDS persons and child headed households. However 1 physically challenged person (hard of hearing) was identified. No mentally disabled persons were identified as part of the

41 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

PAPs.

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

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

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

5.7 Performance Indicators for Assessing Income Restoration

Performance indicators and monitoring are important in evaluating the progress and effectiveness of the resettlement plan as well as the income restoration measures. It is the responsibility of the monitoring and evaluation officer and/or the Safeguard Officer at the PMU to design a schedule and budget for monitoring the implementation of the RAP which will begin before project implementation and continue through the life cycle of the project. The monitoring indicators, which provide the basics for requirement of RAP income restoration progress is discussed in details in Chapter eleven and in annex 2.

Positive results or improvement over the baseline conditions will be indicative of track record consistent with the objective of RAP while performances below the baseline conditions indicate failure of the RAP from meeting the desired objectives. In this case, the safeguard officer/monitoring officer is expected to report to PMU early and offer ways for improvement/modification of the restoration measures. For successful implementation of RAP, PAPs must be given prior orientation, perhaps during the training and enlightenment workshop and must be informed that there will be periodic monitoring of their activities.

5.8 The Valuation methodology

Valuation of assets to be affected by the implementation of the project was conducted using a general principle adopted in the formulation of the compensation valuation, which follows the World Bank policy that lost income and asset will be valued at their full replacement cost such that the PAPs should experience no net loss.

The asset valuation was conducted based on the current market prices in the project area.

42 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

For some materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the average market price plus 2% price flexibility adjustment was used for the valuation. Below is the outcome of the market survey carried out in April 2014 in Awka, Anambra State Nigeria. Table 5.1 Market survey

Category Materials Unit Amount Amount (Naira) (Dollar) Land (in Amachalla) NA 450sqm N2, 000, 12,500 000 Structures (balcony, Cement 1 bag N2000 12.50 Fence, Wall, Pavement) Corrugated iron 1 sqm N2500 15.63 sheet Tiles Square N 1500 9.37 meter Block - Cement 1 sqm N 2500 15.63 Wood/plan 1 N 400 2.50 Iron rod 1 N 2000 12.50 Truck Hire within the N 10,000 62.50 city Labour cost: Mason, 1 artisan N 3,000 31.25 Carpenter, etc Per day Currency exchange rate (April 2014): N160 : $1

Based on prevailing macroeconomic variables in Nigeria which is demonstrated by a relative stable exchange rate between N160 and N164 to the Dollar in the last 12 months and the drop in inflation rate (Figure 10) it can be predicted that the exchange rate used in this valuation and the 2% inflation correction item (pegging inflation at not more than 12%) assumption will be realistic over the next 12 to 15 months.

43 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Average Inflation rate

13.9

12.1 11.6 11.5 10.8

9.1

2008 2009 2010 2011 2012 2013

Figure 16 Inflation Rate in Nigeria 2008-2013 (CBN)

5.8.1 Method of Valuation for compensation

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

5.8.1.1 Valuation Method for Land Property

In line with OP4.12 of the World Bank on involuntary resettlement as stated in the entitlement matrix, land for land entitlement is prescribed. In so doing, it is also important to take into cognizance the size of the land and location since these two variables are determinants of value of land property. However, for this project, there will not be any land acquisition involved.

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

5.8.1.3 Disturbance and Other Incidental Contingencies Affected business premises which will have to close shop or be relocated will be given compensation for loss of business time/income and cash or in kind assistance to enable the

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relocation of affected property.

5.8.1.4 Subsistence and Transport Allowances It is provided as a poverty alleviation measure which this RAP seeks to address, that an amount of N10, 000 be paid to all PAPs that will need to move their assets to a new location within Awka. The amount represents market cost for hiring a truck for one trip to any part of the project area. However, those eligible to this are already determined in the budget based on verified likelihood of physical displacement.

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

5.9 Description of Eligibility Criteria for Defining Various Categories of PAPs

Based on the World Bank’s OP4.12, the following three criteria are recognized:

a. Those w h o have formal rights to land (including customary, traditional and religious rights recognized under the Federal and/or State Laws of Nigeria). b. Those who do not have formal legal rights to land at the time of the census begins but have a claim to such land or assets provided that such claims are recognized through a process identified in this resettlement plan c. Those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood.

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

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

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

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

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

5.10 Proof of Eligibility

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

 Identification based on phone number and name and passport supplied during the census stage  PAPs are expected to produce their code number (GPS coordinates), which will be sent to them via their Mobile phone lines.  PAPs with no phone numbers will be identified by their Township or community leader so long as the name being used for claim is one recognized in the census register.

5.11 Duration for Civil Works

Estimation of the duration for civil works/rehabilitation completion is six (6) months. PAPs will not be disrupted in anyway by the project until resettlement program is implemented.

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5.12 Cut-Off Date

The cut-off date for being eligible for compensation and/ or resettlement assistance is April 4th 2014 which i s t h e l a s t d a y d u r i n g w h i c h t h e s o c i o -economic s u r v e y w a s completed. PAPs and project community were duly informed about the significance of the cut-off date in the implementation of this RAP through the Local authorities.

5.13 Entitlement Matrix for the PAPs

The matrix shows specific and applicable categories of PAPs under this project and types of losses as well as entitlement plan for PAPs. The Entitlement matrix therefore, is the basis for compensation budget, resettlement and income restoration measures to be administered by the proponent. The subsequent section further provides explanation of the entitlement matrix under eligibility criteria for entitlements.

Table 5.2: Entitlement matrix table

Type of Loss Entitled Person Description of Entitlement

1. Permanent loss of land 1.1 (a)Legal owners of land 1.1 (a) Land for land compensation is preferred priority, or Cash compensation at replacement 1.1 Cultivable/residential (b)Occupancy/Hereditary value based on market rate plus 10% compulsory tenant acquisition surcharge as second option /commercial land (b) & (c) Compensation will be paid as plus a one-

time lump sum grant for restoration of livelihood and assistance for relocation. .

2. Damage to land (such as 2.1. (a)Legal owner/s 2. 1 (a) & (b) Restoration of land to pre- abutting sub-project site) construction condition or cash compensation at (b) Village/s or clan/s with prevailing rates for necessary bulldozer/ tractor 2.1. By excavation etc. from customary ownership hours to restoring level and/or truckloads of earth borrows for earth for for fill construction. 2.2. (a)Legal owner/s 2.2 Provision of water course to connect severed (b) Village/s or clan/s with 2.2 By severance of agricultural segment with source of water holding customary ownership

3. Loss of income and 3.1.Cultivator occupying 3.1. Estimated net income for each lost cropping livelihood land season, based on land record averages of crops and area planted in the previous four years 3.1. Temporary loss of access to land for cultivation

3.2. Loss of agricultural crops, 3.2. (a) Owner/s of crops 3.2. (a) Cash compensation for loss of agricultural and fruit and wood trees. or trees. Includes crops crops at current market value of mature crops, trees owned by based on average production. 3.3 Loss of income by encroachers/squatters agricultural tenants because of Compensation for loss of fruit trees for average loss of land they were (b) /tenant fruit production years to be computed at current cultivating market value. 3.3 Persons working on the

47 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Type of Loss Entitled Person Description of Entitlement

affected lands

Compensation for loss of wood-trees at current market value of wood (timber or firewood, as 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)

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)

a) Tree/perennial crops: Harvesting of the crops will be given a first priority but where harvesting is not possible, counting of the affected crops will be done in the presence of the owner. Computation of the costs will be done according to market rates

b) Annual crops: Crops will be harvested by the owner and therefore no compensation will be paid for crops. Where crops cannot be harvested, compensation at the market rate will be paid

4. Permanent loss of Structures 4.1. (a)Owners of the 4.1. (a) Cash compensation for loss of built-up structures whether or not structures at full replacement costs 4.1 Residential and commercial the land on which the structures structure stands is legally Owners of affected structures will be allowed to occupied take/reuse their salvageable materials for 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, Religious, and 4.2. 4.2. Complete rehabilitation/restoration by the community structures /facilities Project; or, Cash compensation for restoring School, church, water channels, Community affected cultural/community structures and pathways, and other community installations, to the recognized patron/custodian. structures/installations 5. Special provision for 5.1 Women headed 5. Needs based special assistance to be provided vulnerable PAPs households, disabled or either in cash or in kind. 5.1.Restablishing and/or elderly persons and the enhancing livelihood landless

48 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Type of Loss Entitled Person Description of Entitlement

5.2 Change in Livelihood for 5.2. (a) Vulnerable PAPs, 5.2 (a) &(b).Restoration of livelihood (vocational women and other vulnerable particularly Women training) and subsistence allowance @ agreed rate PAPs that need to substitute enrolled in a vocational per day for a total of 6 months while enrolled in a their income because of adverse training facility vocational training facility impact 5.2. (b) owner/s whose landholding has been reduced to less than 5 acres

Unanticipated adverse impact The Project team will deal with any unanticipated consequences of the Project due to project intervention or during and after project implementation in the light and spirit of the principle of associated activity the entitlement matrix.

49 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

CHAPTER SIX GRIEVANCE REDRESS MECHANISMS

6.0 Introduction The likelihood of dispute is much reduced because the few affected persons due to the erosion control project have been greatly consulted.

Nevertheless, in the event that grievances arise this redress mechanism has been prepared. Already, the affected persons have been helped to appreciate that there are provisions for addressing an complaints or grievances. The grievance procedure will further be made available to the affected person through project implementation.,

From the start, it should be understood that formal legal mechanisms for grievance resolution tends to be a lengthy, costly and acrimonious procedure. Hence non-judicial, dialogue-based approaches for preventing and addressing community grievances are advocated.

The Grievance mechanisms designed herewith has the objective of solving disputes at the earliest possible time, which is in the interest of all parties concerned; it thus implicitly discourages referring such matters to the law courts for resolution, which would take a considerably longer time.

6.1 Grievance Redress Process 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:

 Receiving and registering a complaint.  Screening and assessing the complaint.  Formulating a response.  Selecting a resolution approach.  Implementing the approach.  Announcing the result.  Tracking and evaluating the results.  Learning from the experience and communicate back to all parties involved.  Preparing a timely report to management on the nature and resolution of grievances. 6. 2 Grievance Redress Committee The project will establish a Grievance Redress process. GRC will hear complaints and facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce litigation. The main functions of GRC will be:

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 to provide support to PAPs on problems arising out of eligibility for RAP-provided entitlements and assistance provided;  to record the grievances of the PAPs, and categorize, prioritize and resolve them within one month;  to inform SPMU of serious cases within one week; and  to report to the aggrieved parties about the developments regarding their grievances and decisions of the SPMU, within one month.

The committee will suggest corrective measures at the field level itself and fix responsibilities for implementation of its decisions. In terms of implementation, all efforts will be made to first resolve the issue faced by PAPs at the field level.

After due interaction with the PAPs and relevant stakeholders the following persons have been suggested as those to constitute the GRC: Community head –as Chairman of the Committee, Site Committee member, PAPs Representative, local government, elected representative of the community at the LG, Affected local government Land officer and SPMU

As the first point of call for resolving grievances, a compliant desk to collate petitions, complaints, etc from aggrieved parties should be opened at the Local Government Secretariat manned by the Desk officer on the project. He refers all the issues to SPMU who ensures appropriate channel of resolution of such grievances are reached with a view to resolving the issues.

Aggrieved parties have the options of reporting directly to SPMU via Telephone calls, SMS and e-mails for action.

As the first order of call in resolving grievances, the Site Committee members will deal with any grievance that comes up. This will ensure equal treatment across cases and elimination of nuisance claims and satisfy legitimate claimants at low cost.

If this fails, the Community head will intervene in resolving the grievances.

Should this fail, the Local Government Desk Officer, who liaises with the Site committee members and the Grievance Committee as well as the SPMU will try and resolve the grievance.

If this fails, the local government Chairman will step in.

If this fails as well, the Social Safeguard Specialist of the SPMU who will liaise with the Resettlement Implementation Committee will deal with the issues of grievance.

If this fails aggrieved party will have the option of resolving the issues with the Project Coordinator of SPMU. If the Project Coordinator is not able to resolve it then the Resettlement Advisory Committee resolves it. If this is not sufficient the Honourable Commissioner of Environment will try to resolve the issue that is contentious.

The judicial system will be the last resort to redress the issues if informal conciliation does not resolve the matter. This, admittedly, is a costly and time-consuming procedure. Nevertheless, affected persons will be exempted from administrative and legal fees incurred pursuant to this grievance redress procedure.

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6.2.1 Expectation When Grievances Arise When local people present a grievance, they expect to be heard and taken seriously. Therefore, the SPMU and others such as the engineers involved in one aspect of the project or other must convince people that they can voice grievances and work to resolve them without retaliation.

It should be understood that all or any of the following is or are expected from the project management/channel of grievance resolution by the local people:

 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 6.3 Management of Reported Grievances The procedure for managing grievances should be as follows:

a. The affected person file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing or phone to the project Resettlement and Compensation committee (Phone numbers will be provided by the SPMU). Where it is written, the grievance note should be signed and dated by the aggrieved person. And where it is phone, the receiver should document every details. b. A selected member of the Site Committee will act as the Project Liaison Officer who will be the direct liaison with PAPs in collaboration with an independent agency/NGO person ensure to objectivity in the grievance process. c. Where the affected person is unable to write, the local Project Liaison Officer will write the note on the aggrieved person’s behalf. d. Any informal grievances will also be documented

52 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Registration of grievance with the Grievance Redress Committee

Treatment of grievance

Closure of grievance by Committee

Is complainant satisfied with Yes No Committee decision

Closure of grievance by Resort to grievance Committee

Grievance processing by Committee

Response of the Committee

Yes Is complainant satisfied Closure of complaint with decision

PCU or Court

Figure 6.1 Flow Chart for Grievance Redress Steps 6.4 Grievance Log and Response Time The process of grievance redress will start with registration of the grievance/s to be addressed, for reference purposes and to enable progress updates of the cases. Thus the person affected by the project will file a Grievance Form with the Grievance Redress Committee. The Form/Log (Table 9) should contain a record of the person responsible for an individual complaint, and records dates for the date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if

53 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

appropriate), the date the complaint was closed out and the date response was sent to complainant. The Project Liaison officer working with the local Government Desk Officer in recording all grievances will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed.

The response time will depend on the issue to be addressed but it should be addressed with efficiency. The Grievance committee will act on it within 10 working days of receipt of grievances. If no amicable solution is reached, or the affected person does not receive a response within 15 working days, the affected person can appeal to a designated office in the SPMU, which should act on the grievance within 15 working days of its filing.

Table 6.1: A Typical Reporting Format for Grievance Redress

Community Type of Grievance Grievance Resolution

project &

Name of

Complainant

other

Date of Date

benefits benefits

Pending Pending

not paid not paid

complaint

awarded is is awarded

inadequate acquisition

and options

awarded are are awarded

to the Court tothe

before assets assets before

not provided

Resettlement Resettlement

Affected, but but Affected,

not informed not informed referred Case

Date received received Date

about impacts about impacts

Compensation Compensation Compensation Community Project 1

Complainant A

Complainant B

Complainant C

Community Project 2

Complainant D

Complainant E

TOTAL

6.5 Monitoring Complaints The Project Liaison Officer will be responsible for:

 providing the grievance 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.

54 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

CHAPTER SEVEN STAKEHOLDERS CONSULTATION

7.1 Introduction

This chapter is presented in 2 sections. Section A provides a matrix table summary of major concerns and remarks raised during the stakeholder consultation. Section B provides a summary of the major stakeholder consultation held at the Nkwo-amaenyi Market Square on 3rd of April, 2014.

7.1.1 Section A Table 7.0 Summary of Stakeholders Comments and Remarks

Date 29st January Name of Stakeholder Site Committee/Elders: W. I Nnatu, Emmanuel Muogo, Florence Anagbogu, John Okafor, Chukwudi dilibe, Christopher Nnake, John nwojo, Anayo Anochie, Anthony Ngene, Onuoha Chukwujekwu, + PAPs (See List in annex 1)

Language of Communication English and Igbo Introduction A brief introduction on the project was made, stating the project objectives and its area of coverage. Stakeholders were provided information on the efforts and plan by the government and World Bank in solving the erosion problems within the state. Response of Stakeholders The stakeholders appreciated and welcomed the initiative and informed that about the project the project will help in creating better access road for the community. They were interested in knowing how soon this project will be implemented. Concerns/ Complaints/ The stakeholders stated that the Government should ensure that the project Questions is realized and not just end in paper work and hear say.

They also asked how the government intend to take care of the physical structures that will be affected.

What consideration is given to the physically challenged people in the project design; is it with preferences or not?

Will the displaced people be compensated?

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Feedback to the Stakeholders Appeal to stakeholders to accept the project for growth and development and accommodate the impact of the project.

They were also assured that there concerns and comments are dully noted and will be included in the Resettlement plan

Physically challenged people will be given due consideration in the planning and implementation.

During the baseline survey, it was noted that in most cases only minor structures may be destroyed and according to best practices, all assets owners directly affected will be compensated. Remarks/Recommendation Generally stakeholders appreciate the development. The NEWMAP PMU will need to implement continuous social awareness programs prior to, during and after project implementation.

56 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

7.1.2 Section B

7.1.2.1 Major Public Consultation Exercise

7.1.2.1.1 Background and Objectives

The public consultation for the Resettlement action Plan (RAP) for the Rehabilitation of Amachalla Gully Erosion site was conducted on the 3rd of April, 2014, following notification passed on to the Project Affected Persons, Site Committee members, Community Liaison Officer, Amachalla Township Secretary and other stakeholders through the Anambra State NEWMAP Social safeguards officer.

The public consultation meeting was held at the Nkwo Amaeni Market square. The consultation was conducted to ensure the effective participation and awareness of the Project Affected Person’s (PAPs) and to document comments, suggestions and concerns raised with regards to the project and its sub-activities.

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

 The identification of PAPs  Identification of concerns of the affected persons and community  Communication of project objective to the concerned communities, and  Identification of indicators for measuring performance of the RAP implementation based on the socio-economic peculiarities of the affected project communities.

7.1.2.1.2 Objectives of the Public Consultation

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

 To develop and maintain avenues of communication between the project proponent, stakeholders and PAPs in order to ensure that their views and concerns are incorporated into project design and implementation with the objectives of reducing, mitigating or offsetting negative impacts and enhancing benefits from the project;

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

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 To document the concerns raised by stakeholders and PAPs so that their views and proposals are mainstreamed to formulate mitigation and benefit enhancement measures; and

 To sensitize other MDAs, local authorities, Non-governmental Organizations (NGOs) and Community Based Organizations (CBOs) about the project and solicit their views and discuss their share of responsibility for the smooth functioning of the overall project operations.

7.1.2.2 Stakeholders Identification The Client and Consultant worked together to identify the key stakeholders that should be consulted at various stages of project implementation. This process was completed with the identification of project-affected areas, residents and relevant governmental stakeholders. The identified stakeholders for consultations were selected as follows: 1. Federal and State Government Organizations: This level of stakeholders constituted staff and representatives from the NEWMAP, , MDAs, LGAs, agencies, Nigerian Police Force, Nigeria Security and Civil Defence Corps (NSCDC) management boards etc

2. Civil Groups/Non-governmental Organizations: This level comprised NGOs, community development commissions (CDCs), civil society groups etc.

3. Private Organizations: This cadre comprised of private establishments (e.g. Limited Liability Companies, corporations etc).

4. Communities, Residents and Businesses: This cadre comprised mainly of local residents, small and medium business owners likely to be directly impacted especially during civil works (such as reclaiming the ROW).

7.1.2.3 Consultation Method A combination of various consultation methods were used to assess knowledge, perception and attitude of the groups consulted concerning the project, and its potential environmental and social impacts.

The following were taken into full account:

 That, there will be foreseeable environmental and social impacts, especially on both the people and structures on the “Right of Way” of the road and drainage construction sub-project.  That the project aims at impacting more positively to the environment and social conditions, and will devise suitable, practicable mitigation measures through an ESMP to reduce or eliminate negative impacts.  That positive impact of sub-project activities will be enhanced.

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 The priority concerns raised by project-affected persons (PAPs) and other relevant stakeholders are taken into account and incorporated in project planning.

7.1.2.4 Major Points of the Consultation

Key agenda points included: 1. Introduction of Stakeholders

2. Opening Remarks

3. Overview of the RAP and Public Consultation by Consultant

4. Questions, Comments and Remarks by other stakeholders

5. Closing Remarks

Photo 11 Consultants with PAPs Photo 12 Census Registration of PAPs

Photo 13 Consultants during Consultation with PAPs Photo 14 One of the PAPs filling Socioeconomic Survey tool

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CHAPTER EIGHT BUDGET AND FINANCING PLAN

8.1 Budget For Resettlement Activities Related With The Rehabilitation Project

Since the State Ministry of Environment (SMEnv) of Anambra are the ones impacting livelihoods, it will be their responsibility to fund the RAP budget. It will be financed through the projects administrative and financial management rules and manuals like any other sub-activity of the project eligible for payment under this project.

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

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

8.2 Summary of Compensation and Resettlement Budget for PAPs

Table 8.0 Components of Compensation budget

DESCRIPTION TOTAL 1. Land Resettlement N2,025,000 2. RAP Compensation/Assistance Budget for 33 PAPs (determined) N5,707,635.80 Sub-Total: Resettlement and Compensation N7,732,635.80

3. Assistance to Vulnerable Groups, Capacity Building and Training for RAP Implementation N4,527,819 4. Operating cost including income restoration measures and Monitoring of RAP Implementation N773,263.26 (10 % of RAP compensation Budget)

5. Cost of engagement of consultant/NGOs for compensation payment N1,215,000 TOTAL N14,248,718.06

The total budget for administering/implementing the RAP for the Civil Works for Rehabilitation of Amachalla Gully Erosion project is Fourteen Million, Two Hundred and Forty Eight Thousand, Seven Hundred and Eighteen Naira, Six Kobo (N14, 248, 718.06).

8.3 Procedure for Delivering of Entitlements 8.3.1 Engagement of Consultant (NGO)

The SMEnv shall engage the services of a Consultant (in this case an NGO) for preparation and

60 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP management of entitlement to the PAPs. The Consultant will be responsible for facilitating the RAP compensation process described below.

8.4 RAP Compensation Process

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

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

61 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP 8.5 Compensation Payment Administration

The resettlement budget details prepared in this RAP shall be the guide for the Consultant to be engaged for RAP payment. After the processes elaborated above has been exhausted, the consultant will prepare the payment documentation stating the Name of PAP, address, Phone number, Bank account details and amount entitled. The submission will be made to the Project Coordinator at The PMU.

The Project Coordinator will verify the submission by the consultant using the RAP Budget document as a reference. If there are errors, omissions or ambiguities, the attention of the Consultant will be drawn for reconciliation. When fully verified, the payment mandate/report shall be sent to the Commissioner for approval of fund and payment.

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

8.6 Resettlement Implementation Linkage to Civil Works

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

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CHAPTER NINE INSTITUTIONAL MATRIX

9.0 Introduction NEWMAP involves many Federal and State Ministries, Departments and Agencies (MDAs), as well as local governments and communities. As such it requires cross-ministerial and cross-state coordination, collaboration, learning and teamwork in a highly-systematic manner, with clearly defined roles and responsibilities.

This RAP recognizes this and has developed institutional arrangements amongst public agencies with local communities and project affected persons with a view to ensuring good project management. The roles and responsibilities of the participating parties in collaborative efforts are well outlined. A gap has been identified in terms of capacity building and training of these stakeholders and this has been highlighted in this chapter in terms of measures designed for strengthening their capabilities to carry out their respective activities. Also presented is the budget and cost for the RAP implementation

9.1 Organizational Arrangement - Roles and Responsibilities The implementation of the RAP shall require close collaboration among all the stakeholders. A properly constituted structure for administration of its implementation is imperative and agreement must be reached from the onset with the relevant parties. The roles and responsibilities of all the various stakeholders relevant in the development, implementation and administration of the RAP and to an extent in the overall project management are outlined below:

1. State Project Management Unit (SPMU) The SPMU, as the implementing authority, headed by Project Coordinator (PC) & Authorized to take decision on financial matters within the provided budget, has the mandate to:  Develop and implement RAPs and other safeguard instruments.  Drives activities of procurement, capacity building, service-provider mobilization, and monitoring and coordinating the many participating MDAs at State and Local Government levels.  Study in detail the RAP, and based on the review of the RAP prepare a detailed action plan and time table for the day to day RAP implementation;  Organize the necessary training and capacity building measures for the unit itself and for other partner organizations and committees; • Establish all local level institutions and committees which will participate in the implementation of the RAP and provide them with the necessary training and capacity building measures; • Coordinates and undertake compensation activities in accordance with the principles and procedures specified in the RAP • Implement the income restoration and social development programs and project in accordance with the principles and procedures specified in the RAP; • Ensure the systematic undertaking of monitoring, review and evaluation of the RAP in accordance with the framework and guidelines provided in the RAP and store the data and information collected in a data base; 63 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

 Based on the findings of the monitoring and review take corrective actions and submit monitoring and review reports to the relevant higher bodies for timely corrective measure.  Facilitate the discussion between PAPs and communities regarding compensation for land acquired for the projects;  Implement the RAP including their involvement to redress complaints and internal monitoring.  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 projects  Organize the necessary orientation and training for SPMU 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

2 SPMU Social Safeguard Officer  Initiate Resettlement Action Plan (whenever the project involves displacement of homes or businesses) or land acquisition of any kind).  Review and approve Contractor’s Implementation Plan for the social impact measures as per the RAP  Liaise with the Contractors and the SPMU on implementation of the RAP  Coordinate on behalf of SPMU day to day activities with the relevant line departments and oversee the implementation of RAP instrument, prepare compliance reports with statutory requirements, etc.  Monitor and supervise regularly the implementation of RAP  Observe payment of Compensation to PAPs.  Identify and liaise with all relevant Stakeholders pre and post Project implementation.  Sensitization of and Consultations with relevant Stakeholders during and after (where necessary) Project Implementation.  Charged with the responsibility of safeguard requirements and ensuring the sustainability of project.

3 Monitoring & Evaluation Officer/Consultant  Develop the monitoring and evaluation protocol  Conduct monitoring of RAP implementation activities.  Provide early alert to redress any potential problems.  Monitor target achievements and slippages.

4 State Steering Committees (SSCs)  Apex decision-making bodies for the operation in the State.

5 State Technical Committees (STCs)  Reviewing and updating the Joint Annual Work Program for State NEWMAP activities (each activity identifies a lead MDA as provided for in the work plan).  Developing inter-sectoral MOUs if needed.

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6 NEWMAP Technical Officer  Acts as a link between the SPMU and the LGA;  sits at the LGA where the site intervention is taking place.

7 STATE PMU ENGINEER  Provide technical support

8 Individual MDAs (State and Federal Levels)  participate deeply in the annual joint work programming process facilitated by the Federal/State PMU.

9 Resettlement Implementation Committee (RIC)  Carry out meeting with each PAPs.  Provide all necessary information to the PAPs regarding guidance value and basis for calculation of prices offered.  Negotiate and firm up the final consent price.  Intimate the decision for payment of compensation to the PAPs  Ensure the Implementation of the RAP without any conflict  Ensure that the project design and specifications adequately reflect the recommendations of the RAP  Establish dialogue with the affected persons and ensure that the concerns and suggestions are referred to SPMU for appropriate response and management

All members of RIC must be people who are knowledgeable in the use of local mechanism to settle grievances and who can ensure equity across cases and also be in position to know and eliminate nuisance claims and satisfy legitimate claimants at low cost

To ensure a broad representation with the intent of minimizing any conflict, it is recommended that a Resettlement Implementation Committee (RIC) be set up and members be drawn from amongst the following:  Affected Local government Chairman as Chairman  Physical Planning /land officer and forester  Representative of affected Communities,  PAPs represented by local trade /Union leaders  Coordinated by the Safeguard Unit of SPMU.  Rep of the Site Committees

10 Federal Project Management Unit (FPMU)  Provides an oversight and advisory role in overall project management including resettlement planning and implementation  Establishes and maintains the project management systems  Reinforce the State level structures  Supervises through missions

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11 Federal Steering Committee  Direct the FPMU in overall project coordination, alignment of project content and approach, and oversight of activities taking place across participating State.

12 Federal Ministry of Environment (FME) is the lead coordinating agency  Lead coordinating agency and hosts the Federal Project Management Unit (FPMU). FPMU

13 Ministry of Lands, Survey, Physical Planning & rural Development  Ensure compliance on matters of Land Acquisition and compensation and other resettlement issues,  Verification of selected sites for resettlement and ensuring that such sites are ideally suitable for affected people.  Invoke the physical planning and urban development law along the roads.  Ensuring that the project meets with the requirements of resettlement as specified in the report  Make appropriate recommendation and input in the resettlement process  Ensuring that affected people are adequately compensated as stated in this report

14 Local Government  Coordinates 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 properties affected by the project.  Provide additional resettlement area and amenities if the designated locations are not adequate.  Engage and encourage carrying out comprehensive and practical awareness campaign for the proposed project, amongst the various relevant grass roots interest groups.  Appoint a suitable Desk Officer for RAP information management  Participating in sensitization of all communities  Participate in resolving grievances ;  Monitor implementation of projects and activities of Operational Officers;  Liaises with State PMU  Convenes and helps mobilise affected communities within and across targeted sub-catchments  Oversees community facilitators  O&M oversight of works  SPMU Participates in site-committees

15 Community Liaison and Support Professional A liaison between the watershed community/communities and the SPMU in close contact with community members on a frequent and continuous basis,  Assist in the formulation of community plans for livelihoods.  Community sensitization and social mobilization.  Assisting communities to form a representative Community Association.  Helps the community to identify, select and implement livelihood sub-projects.  Mobilizes cooperative labour for physical works.  Provides support to the community for participatory monitoring. 66 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

16 Technical Officer in Local Government Areas  Act as liaison to SPMU, MDAs and other organisations working with communities.  Provide senior technical skill-set and advisory services to communities and LGAs.  Convene affected and directly participating communities (liaising with neighbouring LGAs as needed).  Closely interact with community stakeholders and the community facilitators.  Support site monitoring.

17 Site Committees/ Community associations (CA) sub-grants (Local and community actors) site oversight.  Identifies erosion problems and helps select and monitor solutions.  Selects livelihood opportunities.  Oversee physical works.  Participate in site monitoring.  Cooperate with neighbouring communities and LGAs as needed for trans-boundary sub- catchments.

18 Community Interest Groups (CIGS)  Coordinate community inputs to sub-catchment planning, implementation and monitoring, with guidance from support professionals and technical providers such as extension agents.  Participating in site monitoring.  Mobilise Youth and Women’s groups.

19 Grievance Redress Committee  Receive, assess and process and decide on complaints related to compensation assistance  Support PAPs in resolving issues related to R&R.  Record grievance and resolve them within stipulated time.  Inform SPMU about any serious cases.  Report to the aggrieved parties about the decisions regarding them.

20 Contractors  Comply with relevant contract clauses on resettlement issues  Establish good community relations;  Train the workforce, and avoid any form of discrimination in terms of gender, religion or tribe;  As much as possible employ the workforce from the project catchment area, and also make procurement therein;  Try to provide local infrastructure and services in the course of executing the project;  Ensure that workers and site staff are sensitive to the customs and way of life of the communities.  Promptly repair any damage to utility services or infrastructure of the community in implementation of the project;

21 Traditional authority  Support in the identification of the right PAPs 67 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

 Assist in resolving grievances of PAPs  Ensures that social values are not interfered with.

22 Project Affected Persons (PAPs)  Receive compensation and move away from impact areas promptly  Coordinate with the survey team/Resettlement Committee in carefully checking and signing off their affected lands and other assets as well as their entitlements;  Make themselves available during census and participation in implementation;  Provide feedback on improving the quality of the RAP and suggesting solutions for its effective implementation and  Submit concerns through the right grievance redress channel

23 CSOs/CBOs/Trade Unions  Assist in resolving grievances of PAPs  Support and assist in the mobilization of the various relevant grass roots interest groups.  May have complaints that need to be resolved in the execution of the project with a view to avoiding conflicts and grievances.  Serve as witness in compensation process and Monitoring and Evaluation

24 Witness NGO  An independent observer to witness the whole compensation resettlement process for the duration of the Project, so as to verify the compliance of the RAP implementation with the SPMU commitments. A Terms of Reference for the NGO is outlined in Appendix 8.1.

25. World Bank  Maintains an oversight role to ensure compliance with the safeguards policies, review and provide clearance and approval for the RAP.  Conduct regular supervision for satisfactory RAP implementation, fulfillment of community liaison and provide support role throughout the project implementation, and monitor the progress of the project construction.  Recommend additional measures for strengthening the management framework and implementation performance.

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CHAPTER TEN TIMETABLE OF EVENTS COORDINATED WITH THE CONSTRUCTION PROJECT

10.1 Timetable for the Resettlement Action Plan

The RAP has to be completed and PAPs adequately compensated before operation in the designated ROW of the project. The timeline is only indicative since the external factors not envisaged at this period such as delay in reviewing and addressing comments and other administrative and operational matters may cause a delay in the project time line. Table 10.0 Timetable for completion of the RAP

S/N Activities Completion Time September, 2014 December, 2014 January, 2015 February, 2015 Submission of Draft RAP 1 Report Field Verification and 2 comments 3 Update of comments Submission of final RAP 4 Document Advertisement in two Local 5 Newspaper in the Country Posted in the World Bank 6 Info Shop 7 Commencement of RAP Completion of RAP 8 Implementation Commencement of Civil 9 work

10.2 Training and Capacity Needs

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

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Table 10.1 Training schedule

Item Module Course Content Who to Train Estimated Amount

2 Days Involuntary Principles of Resettlement Action PMU, DRC and N1,046,520 Training Resettlement and Plan CDC Rehabilitation Protocol Monitoring & Evaluation of RAP/RAP Implementation Grievance Redress Conflict Management and Resolution in PMU, DRC and N1,370,520 Mechanism RAP CDC

Basics of Cash Management and Monitoring All the PAPs N2,110,839 Livelihood Restoration Book keeping and Record Management

Investment Decision making

TOTAL: N4,527,819

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CHAPTER ELEVEN MONITORING AND EVALUATION

11.1 Overview

Monitoring and Evaluation are integral components of the programme/project management cycle used at all stages of the cycle, monitoring and evaluation can help to strengthen project design, enrich quality of interventions, improve decision-making, and enhance learning. The key objectives of monitoring the RAP implementation would be as follows;

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

11.2 Internal Monitoring

The internal monitoring and evaluation officer will report to the Project Coordinator at the PMU. Implementation of the RAP will be regularly supervised and monitored by the Monitoring and Evaluation/ Social Officer in coordination with staff of the NEWMAP- PMU.

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

11.3 Tasks of the Monitoring and Evaluation Officer

 Verify that the baseline information of all PAPs have been carried out and that the valuation of assets, lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this policy framework and the respective inventory and RAP.  Oversee that the RAPs are implemented as designed and approved.

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 Verify that funds for implementing the RAPs are provided to the respective local level (district) in a timely manner in amounts sufficient for their purposes and that such funds are used by the SMEnv in accordance with the provisions of the RAP.  Ensure the identification and signature/thumb print of PAPs before and during receipt of compensation entitlements.  Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner.

11.4 Independent Monitoring

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

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

 Determine whether the procedures for PAPs participation and delivery of compensation and other rehabilitation entitlements have been done in accordance with the Policy Framework and the respective RAP.  Assess if the RAP objective or enhancement or at least restoration of living standards and income levels of PAPs have been met.  Gather qualitative indications of the social and economic impact of project implementation on the PAPs.  Suggest modification in the implementation procedures of the RAP, as the case may be, to achieve the principles and objectives of this policy framework.

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

11.5 Monitoring Indicators

They include:

 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;

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 Compensation measures applied to compensate 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. 11.6 Implementation Schedule

Table 11 summarizes the implementation schedule of the Resettlement Action Plan by phase, responsibilities and completion time for the construction and rehabilitation project.

Table 11.0 Summary of Responsibility for Implementation of Resettlement Action Plan

PROJECT CYCLE PHASE ACTIVITIES RESPONSIBILITIES PLANNING Initial site visit & consultations. RAP Consultant; Supervision Identification of Resettlement by the Social Safeguards and Social issues officer, Anambra State Scoping and Application of safeguard NEWMAP PMU policies Screening Categorization Action plan Screening Report WB No-Objection DESIGN Preparation of Draft RAP RAP Consultant; Supervision RAP and Consultations by Anambra Sate NEWMAP consultations WB No-Objection PMU. World Bank Disclosure Disclosure o f R A P locally W orld Bank to WB Info Shop. Finalization and Final version of RAP RAP Consultant Incorporation RAP into contract World Bank documents WB No-Objection EXECUTION Implementation Implementation Monitoring Anambra State NEWMAP and monitoring & reporting on PMU, Environmental and environmental and social Social Safeguard Officers mitigation measures Monitoring and reporting of Resettlement and livelihood issues OPERATIONS (POST- Operations and Maintenance Monitoring and Anambra State NEWMAP maintenance reporting of Resettlement PMU IMPLEMENTA TION) and social livelihood issues

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References

 Environmental and Social Management Framework for the Nigeria Erosion and Watershed Management Project  Environment and Social Management Plan for the Rehabilitation of the Amachalla GullyErosion Site  Resettlement Policy Framework for Nigeria Erosion and Watershed Management Project  Project Appraisal Document for Nigeria Erosion and Watershed Management Project  Project Implementation Manual for Nigeria Erosion and Watershed Management Project

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Annexes

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Annex 1 Census Registration for PAPs S/N DESCRIPTION COORDINATES STREET /NUMBER OWNER SEX PHONE NUMBER AFFECTED USE OF PARTS (m2) STRUCTURE 1 M Fence Residential 2 M Fence Residential 3 M Fence and 6 Residential bedroom with toilet and bathroom 4 M Kiosk wall and Business roof 5 M Fence with 2 Resudential pillars

6 M Roof and wall Business

7 Part of building, Residential M roof and balcony with 3 pillars 8 M Fence with 1 Residential pillar 9 M Part of building Residential with decking and 7 pillars 10 Septic tank Residential M 11 M Balcony, roof Residential with pillars 13 Balcony Church M

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S/N DESCRIPTION COORDINATES STREET /NUMBER OWNER SEX PHONE NUMBER AFFECTED USE OF PARTS (m2) STRUCTURE

14 M Fence and toilet Residential

15 F Septic tank and Residential chamber 16 F Septic tank and Residential concrete slab 17 M Fence with 2 Residential pillars 18 M Part of building: Residential toilet, bathroom, roof and 3 pillars 19 M Part of the Poultry building 21 F Fence with 3 Residential pillars and part of roof

22 M Fence with 8 Residential pillars 23 M Fence with 9 Residential pillars and part of one room BQ 24 M Parking store Part of 3 rooms building 25 M Part of building, Business roof and decking 26 M Fence, security Residential post and decking 27 F Concrete slab Residential extension

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STREET /NUMBER TENANT SEX PHONE NUMBER AFFECTED PARTS USE OF STRUCTURE (m2) 1 M House Residential 2 M House Residential 3 f Shop Business

4 M Shop Business 5 M Room Residence 6 M House Residence

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Annex 2: Monitoring Indicator for the Performance of RAP Income Restoration

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

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

79 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP Annex 3 Grievance Redress Mechanism

Introduction to Grievance Redress Mechanism

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

The major grievances that might require mitigation include:

 PAPs not listed;  Losses not identified correctly;  Inadequate assistance;  Dispute about ownership;  Delay in disbursement of assistance and improper distribution of assistance. The set objective of grievance redress mechanism notwithstanding, the mechanism provides a procedure for the complainant to appeal in the court of law.

Grievances and Appeals Procedure

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

Grievance Redress Committee (GRC)

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

 NGOs  Community Development Councils (CDCs)  Representative of the community  Representatives of associations/interest groups and,

80 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP  PAPs representative It is expected that SMEnv should engage an independent body such as NGO to head the Grievance Redress Committee (GRC) so as to give the committee credibility and trust of protecting the interest of PAPs. SMEnv or its staff would not be heading the committee since it is a party to the anticipated grievance cases.

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

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

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

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

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

The functions of the Grievance Redress Committee include:

 Provide support to PAPs on problems arising from loss of private properties and business area.  Record the grievance of the PAPs, categorize and prioritize the grievances that need to be resolved by the committee; and  Report to the aggrieved parties about the developments regarding their grievances and the decision of the project authorities

The grievance procedure should be simple, administered as far as possible at the local and state levels to facilitate access, flexible and open to various proofs taking into consideration the fact that many people are illiterate requiring a speedy, just and fair resolution of their grievances. However, when matters could not be resolved at this level, there is need for the grieved to seek redress in the court

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

The provision of the RPF of the National Urban Water Sector Reform Project (NUWSRP) on this matter is that grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of assets without compensation shall be addressed to the state local courts system of administration of justice. The court hierarchy would in ascending order therefore, be land dispute tribunals/chiefs, followed by magistrate courts and then finally the high courts. The high court of the state is being designated as the highest appellate court to settle grievances. 81 Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Procedure for Effective Local Resolution of Grievance

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

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

 Mediation efforts at the discretion of the GRC should be embarked upon within three weeks of receiving the complaint  Where a matter is not satisfactorily resolved at this level, the GRC should assist PAPs to seek redress through the court of justice.

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

 Careful designing of the works to be undertaken  Consultation with PAPs from time to time about recent developments

 Ensuring that demolition of structures is not embarked upon until full implementation of the provisions of the RAP  Identification through phone numbers, PAPs code identity(GPS Coordinates), inventorying, and

 Establishing current compensation at full market value

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

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Annex 4 Minutes of the Public Consultation for Resettlement Action Plan (RAP) Held on the 3rd of April, 2014

The consultation started by 10:00am at the Nkwo Amaenyi market square. The targeted people were those that will be affected by the project i.e the Project Affected Persons (PAPs) whom were drawn from the three streets (Peter Onwuka Street, Eugene Nwude Street and Onwubiko Street or Channel 10 road) where the road will be constructed. The Consultant anchored the Consultation.

ISSUES DISCUSSED

The reasons for the RAP were introduced as part of the World Bank’s operational procedure for any developmental project to be carried out in a host community. The social person explained to the PAPs that under the World Bank’s OP 4.12 which stipulates that any project that will involve involuntary resettlement of less than 200 persons and their valuables, an ARAP should be conducted. Although this qualifies for an ARAP, it’s been decided that a full RAP is required to guide the intervention process for this project, because of the significantly high level of social impact of land in the project participating States. This will assist in ascertaining the level of damage, relocation or resettlement as a result of the proposed construction and to proffer a beneficial means to address the issue either by cash compensation or relocation of the affected persons. He further stated that we are here not to construct the road now but to ascertain who this project will affect, the level of damage, then report on what we have seen and communicate to the World Bank who will now look at our report and make necessary arrangement on how to either pay in cash or resettle persons after which the construction proper will start. After that the names of persons who will likely be affected were read out by the enumerator and a questionnaire containing the data of every house/land owner including their tenants with their own data was issued to them to fill under our guide and submit back to us immediately.

After that, questions were invited from the PAPs who asked when the construction will start and how sincere the compensation plan is because they have had such impressions in the past that was not later fulfilled. They also asked the plans made by the government for the physically challenged individuals.

The consultant explained that based on the World Bank policies and best practice, any person or group of persons impacted by the project will be compensated. And that physically challenged persons will have special consideration. He also stated that the community will be informed as soon as construction works are about to start.

CONCLUSION

The consultant thanked the stakeholders for their participation and pleaded that they give the government full cooperation when the project finally commences. The consultation ended with a vote of thanks from the consultant and consultation came to an end around 3.30pm.

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Annex 5 Questionnaire for Socio-Economic Data Collection For RAP for the Amachalla Gully Erosion Site, Awka South, Anambra State

1. IDENTIFICATION

Location:

Name of Head of the Household/Owner: Name of the Respondent: Relationship to HH: Address: Nationality Nativity

Category of PAF: Titleholder Encroacher Tenant Squatter Kiosk Others (specify)

2. GENERAL INFORMATIONs

Religious Group: Christians Muslim ATR Others (specify) Social Group: Vulnerable General Family Pattern: Joint Nuclear Individual

Size of Family: Small (2-4) Medium (5-7) Large (Above7)

3. FAMILY PARTICULARS (Start from head of the household)

S/N Name of Member Sex Age Marital Relationship Educational Major occupation

Status to HH-head level Primary Secondary

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Household’s Main Occupation and Monthly income (N) Subsidiary Source and Monthly Income (N) No. of Adult earning members: No. of dependents:

Family annual expenditure: (N)

Indebtedness

Source Amount Borrowed When Purpose of Borrowed Rate of Interest Amount outstanding as on date Borrowing per annum

Household Assets:

4. COMMERCIAL/SELF EMPLOYMENT ACTIVITIES

Type of Shop/Business Enterprises (SBEs)

Hotel Provision store_ Repair & Workshop

Other Shops (Specify) Other Enterprise (Specify) No. of Partners:

Employment Pattern

Owner/Operator Employed 1 to 5 persons Employed 5 & above

5. VULNERABILITY

HH below poverty line HH becoming BPL as a result of loss of livelihood/assets

Female headed household

6. INFORMATION ON AFFECTED PROPERTY GPS Coordinates: Details of the structure

Type of Use: Residential Commercial Residential/Commercial Other

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(Specify)

Construction Type: Mud Brick; Mud/Thatched roof Brick/Thatched roof No. of Rooms/Storey Impacted Area (m2) Total Impacted Area (m2) Utility Connection: Electricity Water Phone (P-Partially F-Fully)

Other Affected Assets

Compound wall Tree/farmland Borehole/well Others (Specify)

Replacement Value (N)

7. PROJECT RELATED INFORMATION

Are you aware of the proposed Feeder Road Project? Yes No If Yes, Source of information

What is your opinion about the project? Good Bad Can’t say

If good, what positive impacts do you perceive?

If bad, what negative impacts do you perceive?

8. RESETTLEMENT AND REHABILITATION

In case you are displaced (residentially where and how far you prefer to be located? Within the area Outside the area Place name Distance (in km.) Replacement Option Land for land lost Cash Assistance House in Resettlement Site Shop in Resettlement Site Other (Specify)

Factors to be considered in providing alternate place

Access to family/friends Income from household activity Income from

Business activity Daily Job Close to Market Other (Specify)

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Annex 6 Maps

Photo 15 Map Showing Onwubiko St (Channel Ten) and PAPs locations

N.B The yellow pointers indicates the buildings of the PAPs

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Photo 16 Map Showing Eugene Nwude St and PAPs locations

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Gully erosion

Photo 17 Map showing Peter Onwuka St and PAPs Locations