Language: English Original: English PROJECT: EBONYI STATE RING ROAD COUNTRY: FEDERAL REPUBLIC OF NIGERIA RESETTLEMENT ACTION PLAN (RAP) SUMMARY 28th NOVEMBER 2018 Task Manager: P MUSA, Senior Transport Engineer, RDNG C. MHANGO, Environmental Officer, SNSC 1 RESETTLEMENT ACTION PLAN (RAP) SUMMARY Project Title: EBONYI STATE RING ROAD Project Number: P-NG-DB0-014 Country: FEDERAL REPUBLIC OF NIGERIA Sector: PICU Project Category: 1 Introduction The Ebonyi state government proposes to borrow the total sum of $150 million from the African Development Bank (ADB) and Islamic Development Bank (IsDB) for the reconstruction/ rehabilitation of the 198 km existing Abakaliki Ring Road into a standard one carriageway, 2 - lane road finished with asphalt over lay over the road pavement. The pavement substratum is designed to have a compacted sub soil layer preferably of laterite. This layer is expected to be the stable bed on which the road pavement is carried. The Abakaliki Road Project, otherwise known as the State Ring Road Project, will comprise the upgrading/Rehabilitation of four (4) road links forming the ring road around the Ebonyi state capital; Abakaliki (Map1.1). The circular road is a State road linking series of agrarian communities and villages along Ezzamgbo - Onueke - Noyo - Effium - Ezzamgbo junction road intersect on Abakaliki - Enugu Federal Highway. The road also intersects the Abakaliki - Afikpo - Okigwe Road at Onueke town. Similarly, the road intersects the Abakaliki - Ogoja Federal Highway at Noyo town. The road traverses seven (7) of the thirteen LGAs of the State - Abakaliki, Ebonyi, Ezza South, Ezza North, Ikwo, Izzi and Ohaukwu. Five of the seven local government areas account for 36% of the total land area of the state of which two are largest in the state, in terms of land areas namely: Ikwo and Ohaukwu. From the 2006 census figures, over 70% of the population of the state reside in six of the LGAs of the proposed project. The Abakaliki Ring Road Project identifies with the National Transport Policy, and hence the development aspirations of Nigeria as outlined in Vision 20:2020, and the Economic Recovery and Growth Plan (2017 – 2020). The road was first constructed in the early 1982 to ease movement of humans and farm produce from the rural communities to the urban. The road has since became dilapidated and impassable. The project objective is to improve road transport infrastructure and reduce road maintenance costs, vehicle operating costs and travel time along the entire ring road sections, between 135 Ohaukwu and Onueke, between Onueke and Nwezenyi, between Nwezenyi and Ndoko, and between Ndoko and Ezzamgbo, and provide the communities in the zones of influence access to bigger markets and social services and contribute to reduction of poverty through support to agricultural growth and mining, as well as fostering regional integration between Nigeria and Cameroon. 2 The project footprint will affect some local community members’ houses, farms, economic trees, market places and business places, village square, cultural shrine, and other economic activities that are located along the road who will need resettlement. PROJECT LOCATION Figure 1 : Proposed Ring Road in Ebonyi State, Nigeria and the World OBJECTIVE OF THE RESETTLEMENT ACTION PLAN As much as possible involuntary resettlement is avoided as part of the project development. Where this is not possible it has become most relevant that a RAP be prepared with the main objective of ensuring that the population to be expropriated and/or displaced by the project is formally consulted and adequately compensated and treated. The specific objectives of the RAP included: • Identify and assess the human impact of the proposed road works rehabilitation of the Abakaliki Ring Road and alternatives for avoiding and minimizing the impacts • Prepare a Resettlement Action Plan to be implemented in compliance with the AfDB Policy requirements and the Nigerian Policies and Laws • Identification of PAPs and that will be impacted by the project and ensure that displaced and expropriated persons should be consulted and participate in the RAP planning and implementation and that they are adequately compensated for their losses prior to the actual move. 3 • Determine the institutional framework for the effective implementation of the RAP and a grievance redress mechanism by identifying and specifying appropriate roles and responsibilities, and outlining the necessary reporting procedures for managing and monitoring RAP implementation and compliance • Put in place livelihood restoration and any assistance/support or differentiated measures for vulnerable groups that will be identified in the project impact area so that there is improvement on their former living standards and they shouldn’t end worse off after the project. • Establish project funding requirements for implementation of the RAP POLICY, REGULATORY AND INSTITUTIONAL FRAMEWORK This Section provides a brief review of the relevant local laws, regulations and procedures on land acquisition and resettlement as well as AfDB Policy on Involuntary Resettlement since the Project is a private sector project. It shows that the legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978. While highlighting the differences between the Land Use Act and AfDB policies, it is emphasized that the higher (i.e. the more beneficial to the project affected persons) shall be adopted or followed where there is a conflict between the two standards/instruments (the Nigerian law, on the one hand, and AfDB Policy Involuntary Resettlement Policy, on the other hand). This is because the higher standard also satisfies the requirements of the lesser standard. It should be noted that IsDB is in support of the use of AfDB Involuntary Resettlement Policy to guide the project. The AfDB Policy on Involuntary Resettlement provided guidance on the general scope of the economic and social impacts associated with Bank financed projects involving involuntary acquisition of land or other assets and the principles embedded in the management approach. 4.1 National Policies and Regulations 4.1.1 Nigeria Land Use Act of 1978 and Resettlement Procedures The Land Use Act Cap 202, 1990 Laws of the Federation of Nigeria is the key legislation that has direct relevance to the project. The Land Use Act 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 land 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”. 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 un-exhausted development as at the date of revocation. (Section 6) (5). Where land subject to customary right of 4 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. 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. Developed Land is also defined in the generous manner under Section 50(1) as follows: developed land means land where there exists any physical improvement inn 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. 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 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.