Oron – Creek Town Gas Pipeline (Akwa Ibom &Cross Rivers States
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Oron – Creek Town Gas Pipeline (Akwa Ibom &Cross Rivers States, Nigeria) Livelihood Restoration Plan (LRP) 25 February 2015 FINAL REPORT Accugas Limited – A subsidiary of Seven Energy International Limited (SEIL). Oron – Creek Town Gas Pipeline Livelihood Restoration Plan (LRP): Akwa Ibom & Cross Rivers States, Nigeria For and on behalf of Accugas Limited Approved by: Glenn Bestall Signed: Position: VP QHSSEC Date: 25 February 2015 Prepared: Shedrack Siakpebru; Evans John Reviewed: D. Hall, J Ekpelegho, H Ikemefuna & CSR Team TABLE OF CONTENTS EXECUTIVE SUMMARY I EXECUTIVE SUMMARY I 1 INTRODUCTION 4 1.1 BACKGROUND 4 1.2 POLICIES AND OBJECTIVES OF LRP PREPARATION 4 1.3 PROJECT DESCRIPTION 5 1.4 SUMMARY OF PROJECT LAND TAKE 7 1.5 MINIMIZING RESETTLEMENT 7 1.5.1 Project Alternatives 7 1.6 LIMITATIONS 9 2 SOCIO-ECONOMIC BASELINE 10 2.1 ADMINISTRATIVE STRUCTURE 10 2.1.1 Government Institutions 10 2.2 COMMUNITY LEADERSHIP STRUCTURE 12 2.2.1 Village Networks and Linkages 13 2.3 PROFILE OF AFFECTED COMMUNITIES 13 2.3.2 Ethnicity, Religion and Language 14 2.3.3 Land 14 2.3.4 Communal Resources 15 2.3.5 Housing 15 2.3.6 Infrastructure 15 2.3.7 Household Income and Expense 17 2.3.8 Food and Nutrition 20 3 PROJECT IMPACTS 21 3.1 PROJECT AFFECTED LAND 21 3.1.1 Affected Cultivated Land 22 3.2 AFFECTED SHRINES 23 3.3 CATEGORIES OF PROJECT AFFECTED PEOPLE 23 3.3.1 Loss of Swamp/water for fishing 24 3.3.2 Loss of Community Resources (Tree and Nipa palm) 24 3.3.3 Owner of Structures / Assets 24 3.3.4 Individuals Dependent on Communally Held swamps Resources / Assets 24 3.3.5 Vulnerable Groups 24 4 LEGAL AND ADMINISTRATIVE FRAMEWORK 26 4.1 INTRODUCTION 26 4.2 LAND USE ACT, 1978 26 4.2.1 Background 26 4.2.2 Land Ownership and Use 26 4.2.3 Compensation Provisions 27 4.3 OIL PIPELINE ACT (1990) 27 4.3.1 Permit to Survey 27 4.3.2 Oil Pipeline License 27 4.3.3 Compensation 28 4.4 IFC PERFORMANCE STANDARD 5 28 4.4.1 Key Elements of IFC PS5 28 4.4.2 Gaps between Nigerian Practice and International Standards 29 4.5 PROJECT LAND ACQUISITION STRATEGIES 35 5 INSTITUTIONAL ARRANGEMENTS 36 5.1 OVERVIEW OF THE LAND ACQUISITION, COMPENSATION AND LIVELIHOOD RESTORATION PROCESS 36 5.2 ORGANIZATION STRUCTURE 36 5.3 LRP HANDOVER 39 5.4 GRIEVANCE MECHANISM 39 5.4.1 Potential Grievances and Disputes 39 5.4.2 Procedure for Grievance Redress 39 6 PARTICIPATION AND CONSULTAITON 41 6.1 INTRODUCTION 41 6.1.1 Objectives 41 6.1.2 Stakeholder Identification 41 6.1.3 Methodology 41 6.2 PARTICIPATION AND CONSULTATION UNDERTAKEN TO DATE 42 6.2.1 Concerns of PAPs 45 6.3 INCORPORATING CONSULTATION INTO LAND ACQUISITION PLANNING 45 6.4 FUTURE PARTICIPATION AND CONSULTATION PLAN 46 7 COMPENSATION AND INCOME RESTORATION 48 7.1 INTRODUCTION 48 7.2 ELIGIBILITY AND ENTITLEMENT CRITERIA 48 7.2.1 Nigerian Legal Requirements 48 7.2.2 International Standards 48 7.2.3 Summary 48 7.3 COMPENSATION REQUIREMENTS 49 7.3.1 Local Requirements 49 7.3.2 International Requirements 49 7.3.3 Project Approach to Compensation 49 7.3.4 Valuation Method 50 7.4 LIVELIHOOD RESTORATION STRATEGIES 51 TABLE 7.3 ENTITLEMENT MATRIX 53 8 MONITORING AND EVALUATION 55 8.1 INTRODUCTION 55 8.1.1 Objectives 55 8.2 MONITORING AND EVALUATION PLAN 55 8.2.1 Progress Monitoring 55 8.2.2 Outcome Evaluation 56 8.2.3 External Monitoring and Completion Audit 56 8.3 MONITORING AND EVALUATION ROLES AND RESPONSIBILITIES 57 8.4 SCHEDULE AND REPORTING 57 8.4.1 Internal Monitoring 57 8.4.2 External Monitoring 57 8.4.3 Completion Audit 57 8.5 OVERALL MONITORING SCHEDULE 58 TABLE 8.1 TENTATIVE MONITORING SCHEDULE 58 9 SCHEDULE OF IMPLEMENTATION 59 9.1 SCHEDULE OF IMPLEMENTATION 59 TABLE 9.1 LAND ACQUISITION AND LIVELIHOOD RESTORATION SCHEDULE 59 10 BUDGET 60 ANNEX ANNEX A TEMPLATE OF ENTITLEMENT ANNEX B COMPENSATION RATES ANNEX C COMMUNITY CONSULTATION RECORDS LIST OF TABLES Table 1.1 Project Land/swamp Use 7 Table 1.2 Land Affected by the Project 7 Table 2.1 Pipeline Affected Villages 12 Table 2.2 Population and Gender 313 Table 3.1 Project Swamp/Water Use 21 Table 3.2 Project Affected Trees 22 Table 4.1 Pipeline Land Right 428 Table 4.2. Gap Analysis ( IFC PS5 and Local Requirements) 31 Table 5.1 Roles and Responsibilities of Land Acquistion Committee 37 Table 6.1 Participation and Consultation Methodology 51 Table 6.2 Consultation Activity Conducted to Date 42 Table 6.3 Future Participation and Consultation Plan 46 Table 7.1 Comparison of Eligibilty and Entitlement Criteria 48 Table 7.2 Compensation Provision 51 Table 7.3 Entitlement Matrix 53 Table 8.1 Tentative Monitoring Schedule 58 Table 9.1 Schedule of Implementation 59 LIST OF FIGURES Figure 1.1 Alignment of the Oron Pipeline Error! Bookmark not defined. Figure 1.2 Evaluation of Alternative pipeline Routes 8 Figure 2.1 Project Layout Map and Affected Communities 11 Figure 2.2 Monthly Income Sources Error! Bookmark not defined. Figure 2.3 Monthly Income Distribution Error! Bookmark not defined. Figure 2.4 Monthly House expenditure 19 Figure 2.5 Money Useage of Project Affected Household 18 Figure 3.1 Land Use Diagram 21 Figure 3.2 Project Affected Shrines 23 Figure 5.1 Land Acquisition, Compensation and Livelihood Restoration Process 36 Figure 5.2 Organisation Structure of Land Acquisition Committee 37 Figure 5.3 Accugas Grievance Redress Procedure 40 Figure 6.1 Community Consultation and Participation, April-May 2012 43 DEFINITIONS Term Definition Affected Area The land/water area affected by permanent acquisition of land/water in connection with the Project. Asset Inventory A complete count, measurement and description of all affected assets including structures, crops, trees and other land attachments to be acquired. Census A field survey carried out to identify and determine the number of Project Affected Persons (PAPs) in a unit of Household. Cut-off date A day on and beyond which any person who improves land or constructs assets on land, required for project use, will not be eligible for compensation. According to Nigeria practice, this date is likely to be set following the completion of the census and land survey and asset inventory. Communal land Land that is in public use that is recognized under traditional or customary right to occupy. Such land is communally owned and under the control of village council of chiefs or village head, acting as a representative of the community. Compensation Payment in cash or payment in kind of the replacement value of the acquired property and/ or impacted assets. Displaced Persons who have formal legal rights and/or customary rights of Persons occupation to the land they occupy within the Affected Area. Economic Loss of assets or access to assets that leads to loss of income sources or other Displacement means of livelihood. Entitlements Entitlements with respect to a particular eligibility category are the compensation and other forms of assistance provided to impacted persons in the respective eligibility category. Grievance The processes established to enable property owners and other impacted Procedure persons to redress issues related to acquisition, compensation, or other aspects of resettlement. Involuntary Involuntary taking of land or impact on land or assets, resulting in direct or Resettlement indirect economic and social impacts, whether or not the PAP must physically relocate , caused by: Loss of benefits from use of such land; Relocation or loss of shelter; Loss of, impact on, assets or access to assets; and Loss of income sources or means of livelihood, whether or not the project affected person has moved to another location. Land Acquisition Taking of or alienation of land, buildings or other assets thereon for the purpose of the project. Livelihood Livelihood Restoration Plan prepared for the project. It will include details Restoration Plan of project impacts, categories of PAPs, compensation entitlement and eligibility, and how livelihood restoration will be implemented. Market Value Most probable selling price or the value most often sought by buyers and sellers. It assumes buyers and sellers have reasonable knowledge, act competitively and rationally are motivated by self interests to maximize satisfaction and both act independently and without collusion, fraud or misrepresentation. Project Affected A person that loses assets and/or usage rights and/or income generation Person (s) (PAPs) capacities (e.g. land, crops) because these assets/rights/capacities are located in the land to be acquired or used, for needs of the project. Livelihood Provision of development assistance in addition to compensation such as Restoration agricultural intensification, training, or job opportunities, needed to enable Assistance PAPs to maintain their living standards, income earning capacity and production levels. Replacement The amount that will be paid to replace the value for the land and all assets value on it, without any deductions for depreciation. Term Definition Vulnerable People who, by virtue of gender, ethnicity, age, physical or mental Groups disability, economic disadvantage or social status, may be more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits. These include: Women headed households without one or more family members of working age in the household. Situated within a patriarchal society, women tend to be prevented from participating in local decision- making. They also tend to lack access to independent means of income generation.