Public Disclosure Authorized RURAL ACCESS AND AGRICULTURAL MARKETING PROJECT (RAAMP) RESETTLEMENT POLICY FRAMEWORK Public Disclosure Authorized FINAL REPORT Public Disclosure Authorized Federal Project Management Unit (FPMU) Federal Ministry of Agriculture and Rural Development NAIC House, Plot 590, Zone AO, Airport Road, Central Area, Abuja Public Disclosure Authorized May, 2018 LIST OF ABBREVIATIONS AND ACRONYMS AFD French Development Agency ARAP Abbreviated Resettlement Action Plan FPMU Federal Project Management Unit GIS Geographical Information System GPS Global Positioning System LGA Local Government Area NEEDS National Economic Empowerment and Development Strategy NPIRD National Policy on Integrated Rural Development NPRTT National Policy on Rural Travel and Transport NTP National Transport Policy PAPs Project Affected Persons PMU Project Management Unit RAAMP Rural Access and Agricultural Marketing Project RAP Resettlement Action Plan RTTP Rural Travel and Transport Policy SEEDS State Economic Empowerment and Development Strategy SPIU State Project Implementation Unit WB World Bank 2 EXECUTIVE SUMMARY Introduction The Federal Government of Nigeria has initiated the preparation of the Rural Access and Agricultural Marketing Project (RAAMP) the successor of the Second Rural Access and Mobility Project (RAMP-2). The project will be supported with financing from the World Bank and French Development Agency (AFD) and will be guided by the Government’s Rural Travel and Transport Policy (RTTP). The lead agency for the Federal Government is the Federal Department of Rural Development (FDRD) of the Federal Ministry of Agriculture and Rural Development (FMARD). The Federal Project Management Unit (FPMU) is overseeing the project on behalf of the FDRD, while the respective selected States Government will be responsible for the implementation of the project. The states participating in RAAMP are 18 including Abia, Akwa Ibom, Anambra, Bauchi, Benue, Borno, Cross River, Kano, Katsina, Kebbi, Kogi, Kwara, Ogun, Ondo, Oyo, Plateau, Sokoto and Taraba. Project Components The project includes 4 components, namely: • Component 1: Farm to Local Agricultural Market Connectivity Program • Component 2: Connecting Small Scale Family Farmers to Rural Agro-Logistics Hub • Component 3: Strengthening the Financial and Institutional Base for Sustainably Maintaining Rural Access and State Roads o Sub-Component 3.1: Establishing a State Road Fund o Sub-Component 3.2: Designating a State rural access administrating body and o Sub-Component 3.3: Establishing a functional road asset management system that will generate annual prioritized investment and maintenance plan that will be mainstreamed in the budgetary process. • Component 4: Enhancing Road Safety, project management and institutional development support. The activities in Component 1 will focus on rehabilitation of rural access roads and construction of river crossings in selected participating States to provide all-weather access to connect rural communities to local agricultural markets. The civil works activities might cause involuntary resettlement thereby triggering the World Bank operational policy 4.12 (Involuntary resettlement). Justification for Preparing RPF At this juncture, the appropriate instrument for addressing involuntary resettlement in the project is the Resettlement Policy Framework (RPF), because sufficient information about the 3 exact nature of the works (engineering design) and specific road names and locations are not known. However, the participating states will need to prepare site specific Resettlement Action Plans (RAPs) or Abbreviated Resettlement Action Plans (ARAPs) when sufficient information and specific site engineering designs of the prioritized roads would have been known and ready. The Resettlement Policy Framework clarifies resettlement principles, organizational arrangements and design criteria to be applied during RAP/ARAP implementation. Sub- project resettlement plans consistent with the RPF will subsequently be submitted to the Bank for approval after specific planning information becomes available. It should be noted that the policy is designed to mitigate harm caused by displacement or land acquisition occurring in the process of RAAMP implementation. Legal Framework for Land Acquisition The legal framework for land acquisition in Nigeria is the land use Act of 1978. The relevant World Bank operational policy (OP 4.12), which addresses land acquisition and involuntary resettlement was reviewed. The differences between the Land Use Act and the Bank’s OP 4.12 are mostly in rehabilitation measures, which are neither proscribed nor mandated in the Act. Thus, it is noted in this RPF that in the event of divergence between the two, the World Bank safeguard policy shall take precedence over Nigeria Land Use Act. Potential Impacts Positive and negative impacts on the targeted areas/communities are expected in the course of RAAMP implementation phase. On the positive side, RAAMP targets the vulnerable and poor areas and people therein. It is designed to contribute to positive social outcomes relating, for example, to increased well-being, providing livelihood and food security for the overall populations in targeted areas and beyond. The World Bank resettlement policy, OP 4.12 is developed to ensure that the negative impacts of RAAMP development on people do not occur. And even if it does occur, the affected persons/people are commensurately compensated for their loss (of land, property or access). Grievance Redress Mechanism Project related grievances may adversely affect successful implementation of project. It is also common knowledge that using the court (judicial system) to determine all cases of grievances may take longer periods which would not be in the interest of the project. Therefore, a best proactive measure is to set up a grievance redress mechanism (GRM) that would be used to address and resolve complaints as much as possible without going to court. This RPF stipulates 2 levels at which aggrieved Project Affected Persons (PAPs) can channel their complaints for redress. It is however, the right of the PAPs to take a matter to the court of law as the final arbiter if he/she felt dissatisfied with the judgements obtained from the grievance redress committees set up by this project. 4 PAPs shall be communicated early during RAP/ARAP public consultation and census about the existence of the GRM and sufficient information provided to them on the grievance uptake channels. This RPF requires that each participating state should clearly indicate in the RAP/ARAP report how PAPs were informed about the channels of grievance redress uptake. RPF Coordination and Implementation The Federal PMU shall have an oversight role, but actual resettlement planning and implementation shall be the States’ PMUs responsibility. Monitoring and evaluation In order to successfully complete the resettlement management as per the implementation schedule and compliance with the policy and entitlement framework, there would be need for monitoring and evaluation of the RPF and RAP implementation. Monitoring and evaluation will be a continuous process and will include internal and external monitoring. The safeguards officer shall play a key role in reporting the progress of implementation as well as compliance to the PIU, PMU and the World Bank. Public Consultation RAAMP RPF was based on recognition of the importance of stakeholders’ consultation and participation. Broad based consultations were held in the participating states to build trust, legitimacy, harness inputs and concerns that will help the implementation of the project and provide useful guides for subsequent consultations during the stage of preparation of site specific RAPs/ARAPs by the respective participating States. Disclosure This RPF is expected to be disclosed in-country to the general public for review and comment at designated locations in the participating States and in World Bank’s external website. Individual RAP/ARAPs that must be prepared for each sub-project based on the guidelines and procedures highlighted in this RPF are also to be disclosed in the manner of the RPF. 5 Contents LIST OF ABBREVIATIONS AND ACRONYMS .......................................................................... 2 EXECUTIVE SUMMARY .................................................................................................................... 3 CHAPTER ONE: INTRODUCTION .............................................................................................. 10 1.1 Project Background and Setup .............................................................................................. 10 1.2 Project Development Objective of RAAMP ......................................................................... 14 1.3 Project Description ................................................................................................................ 14 1.5 Need/Rational for the Resettlement Policy Framework (RPF) ............................................ 21 1.6 Principles and Objectives of World Bank’s Resettlement Policy ......................................... 23 1.7 Principles and Process for Preparing and Approving Subsequent Resettlement Plans ......... 27 Table 1.1: RAP Responsibilities.................................................................................................... 29 CHAPTER TWO: METHODOLOGY FOR THE RPF .......................................................... 31 2.1 Introduction ..........................................................................................................................