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1 Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

FEDERAL GOVERNMENT OF NIGERIA

SECOND RURAL ACCESS AND MOBILITY PROJECT (RAMP 2)

RESETTLEMENT POLICY FRAMEWORK (RPF)

IN IMO STATES, NIGERIA.

BY

FEDERAL MINISTRY OF AGRICULTURE & RURAL DEVELOPMENT FEDERAL PROJECT MANAGEMENT UNIT (FPMU)

SECOND RURAL ACCESS & MOBILITY PROJECT (RAMP 2) NAIC HOUSE, PLOT 590, AO CENTRAL AREA, ABUJA.

NOVEMBER, 2016

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Resettlement Policy Framework (RPF) for RAMP 2 States (Adamawa, Enugu, Niger, Osun and Imo)

ii Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

TABLE OF CONTENTS

CONTENT PAGE Title Cover i Table of Content ii List of Tables v List of Maps vi List of Figures vii List of Acronyms viii Definitions of Terms ix Executive Summary xi

CHAPTER ONE: INTRODUCTION 1 1.1 Project Background 1 1.2 Rationale for Resettlement Policy Framework 2 1.3 Scope of the Resettlement Policy Framework 3 1.4 RAMP 2 and the Principle of Involuntary Resettlement 3 1.5 Imo RAMP 2 5

CHAPTER TWO: PROJECT DESCRIPTION 6 2.1 Project Description 6 2.2 Characteristics of Road Network in Imo State 8 2.3 Road Selection in Imo RAMP 10

CHAPTER THREE: PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT 12 3.1 Principles and Objectives Governing Resettlement 12

CHAPTER FOUR: LEGAL FRAMEWORK FOR RESETTLEMENT 14 4.1 Land Ownership in Nigeria 14 4.2 Nigerian Legal/Institutional Guidelines and Requirement 15 4.2.1 Landuse Act of 1978 and Resettlement Procedures 15 4.2.2 Requirement of the Landuse Act 16 4.3 International Guidelines 17 4.3.1 World Bank Policy on Involuntary Resettlement (OP 4.12) & RAMP 2 Projects 18 4.4 Comparison Between Nigerian Law and World Bank OP4.12 on Compensation 18

CHAPTER FIVE: POTENTIAL PROJECT IMPACT AND PAPs 22 5.0 Introduction 22 5.1 Project Impact 22 5.1.1 Identification and Characterization of Loss and Impact 22 5.2 Categories of PAPs 23 5.2.1 Squatters/Other Land Occupiers 24 5.2.2 Eligibility Criteria 24


iii Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

5.3 Approximate Number of PAPs and Potential Relocation Areas 27

CHAPTER SIX: METHODS OF VALUING AFFECTED ASSETS AND COMPENSATION ARRANGEMENTS 28 6.1 Methods of Valuation 30 6.2 Forms of Compensation 30 6.2.1 Payments in Cash 30 6.2.2 Payments in Kind 31

CHAPTER SEVEN: ORGANIZATIONAL PRINCIPLES AND RESPONSIBILIES 27 7.1 Organizational Principles and Principles 27 CHAPTER EIGHT: PREPARING AND APPROVING RESETTLEMENT AND COMPENSATION PLANS 34 8.1 Processes for Preparing Resettlement and Compensation Plans 34 8.1.1 Screening Process 35 8.1.2 Preparation of Resettlement Plans 35

CHAPTER NINE: ARRANGEMENTS FOR COMPENSATION 38 9.1Arrangement for Compensation 38 9.1.1 Public Participation with the PAPs 38 9.1.2 Documentation of Holdings and Assets 39 9.1.3 Agreement on Compensation and Preparation of Contracts 39 9.1.4 Compensation Payments 40 9.2 Payments of Compensation to Communities 40 9.3 Description of the Implementation Process 40 9.4 Resettlement, Cost Estimates and Contingencies 40 9.5 Appraisal of RAMP 2 States 41 9.6 Indicative Budget for RPF Implementation 42 9.7 Estimated Budget for RAP Implementation in Imo RAMP 2 43 CHAPTER TEN: GRIEVANCE REDRESS MECHANISM 44 10.0. Introduction 44 10.1 Grievance Redress Mechanism 44 10.1.1 Grievance Redress Process 45 10.1.2 Expectations During Grievances 45 10.1.3 Management of Reported Grievances 47 10.1.4 Grievance Log 47 10.1.5 Monitoring Complaints 48

CHAPTER ELEVEN: STAKEHOLDERS CONSULTATIONS AND PARTICIPATION 49 11.0 Introduction 49 11.1 Mechanism for Consultation and participation 49 11.2 RAMP 2 Public Consultation for RPF Preparation and Outcomes 50 11.3 RAMP 2 States Commonalities and Differences 52


iv Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

11.4 Opportunities for Reform During Project 53 11.5 Identifying Outcomes 54

CHAPTER TWELVE: MONITORING AND EVALUATION ARRANGEMENTS 55 12.1 Monitoring and Evaluation Arrangements 55 12.2 Evaluation 56 Bibliography Appendices


v Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

LIST OF TABLES

Table 2.1: Identified Prioritized Rural Roads in the Imo State and Agricultural Potential 11

Table 4.1 : Comparison of Nigerian Law and World Bank OP/BP 4.12 regarding Compensation 19

Table 4 2: The Entitlement Matrix for Various Categories of PAPs 20

Table 5.1: Categories of Likely Losses/Impact 23

Table 6.1: Method of Valuation 29

Table 7.1: The Road Project Cycle Matrix 42

Table 9.1: Indicative Budget for Capacity Building and Publicity for RPF Implementation 42

Table 9.2: Estimated Budget for RAP Implementation in Imo RAMP 2 43

Table 11.1: PAPs Identification Matrix 54


vi Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

LIST OF MAPS

Map 1a: Osun RAMP 2 LGA/Km 8

Map 1b: Osun RAMP 2 Roads 8

Map 2a: Niger RAMP 2 LGA/Km 9

Map 2b: Niger RAMP 2 Roads 9

Map 3a: Adamawa RAMP 2 LGA/Km 9

Map 3b: Adamawa RAMP 2 Roads 9

Map 4a: Imo RAMP 2 LGA/Km 9

Map 4b: Imo RAMP 2 Roads 9

Map 5a: Enugu RAMP 2 LGA/Km 10

Map 5b: Enugu RAMP 2 Roads 10


vii Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

LIST OF FIGURES

Figure 10.1: Flowchart for Grievance Mechanism 48


viii Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

LIST OF ACRONYMS AFD Agence Française de Développement (French Development Agency)

AfDB African Development Bank

ARAP Abbreviated Resettlement Action Plan

BP Bank Procedures (of the World Bank)

CBOs Community-Based Organisations

ENTRACO Environmental Transformation Commission of Imo State

ESMF Environmental and Social Management Framework

ESMP Environmental and Social Management Plan

FCT Federal Capital Territory

FGDs Focus Group Discussions

1FGN Federal Government of Nigeria

FMARD Federal Ministry of Agriculture and Rural Development

FMEnv Federal Ministry of Environment

FPMU Federal Project Management Unit

LGAs Local Government Areas

MDAs Ministries, Departments and Agencies

MDG Millennium Development Goal

MEnv State Ministries of Environment

M&E Monitoring and Evaluation

NEEDS National Economic Empowerment and Development Strategy

NESREA National Environmental Standards Regulatory and Enforcement Agency

NGO Non- Government Organization

NRTTP National Rural Travel and Transport Policy

PAPs Project Affected Persons

PDO Project Development Objective

RAMP Rural Access and Mobility Programme

RAP Resettlement Action Plan

RC Resettlement Committee

RPF Resettlement Policy Framework

RTTP Rural Travel and Transport Programme

SEPAs State Environmental Protection Agencies

SPIUs State Project Implementation Units

SPMCs State Project Management Committees

SSA Sub-Saharan Africa


ix Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

DEFINITION OF TERMS

Word/Term Definition

Asset Inventory A complete count and description of all property that will be acquired.

Bank World Bank

Cut - off Date A day on and beyond which any person who occupies land or assets, or constructs assets on land, required for project use, will not be eligible for compensation. The date is often the day when the assessment of persons and their property in the project area commences.

Compensation Payment in cash or in kind of the replacement value of the acquired property.

Displacement Removal of people from their land, homes, farms, etc. as a result of a project's activities. Displacement occurs during the involuntary taking of lands and from involuntary restriction or access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of PAPs.

Entitlements Compensation and other forms of assistance provided to displaced persons in the respective eligibility category.

Grievance Procedures The processes established under law, local regulations, or administrative decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement.

Host Communities Communities receiving resettled people as a result of involuntary resettlement activities.

Land Acquisition The process whereby a person is compelled by a public agency to alienate all or part of the land he/she owns or possesses, to the ownership and possession of that agency, for public purpose in return for a consideration.

Market Rate Highest rate over the last five years based on commercial terms.

Market Value The most probable selling price or the value most often sought by buyers and sellers. It assumes buyers and sellers have reasonable knowledge, act competitively and rationally are motivated by self interest to maximize satisfaction and both act independently and without collusion, fraud or misrepresentation.

Project Affected Person (s)

A person that loses assets and/or usage rights and/or income generation capacities (e.g., land, structure, crops, businesses) because these assets/rights/capacities are located inland to be acquired or used, for needs of the project. Not all PAPs are displaced due to the Project, but all are potentially affected in the maintenance of their livelihood.


x Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

Rehabilitation Assistance

the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-Project levels.

Resettlement Policy Framework (RPF)

This a resettlement instrument (this document) that is prepared by the borrower (The Federal Government of Nigeria through the Federal Ministry of Agriculture and Rural Development) when project activities that require land acquisition that leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources, are not identified at the project preparation stage. The RPF is therefore prepared before the proposed project is appraised setting out the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project, when project activities are identified. The RAP is prepared consistent with the provisions of the RPF.

Resettlement Action Plan (RAP)

The resettlement action plans prepared for specific micro-projects.

Resettlement The measures taken to mitigate any and all adverse impacts of the Project on PAP's property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation.

Vulnerable Groups People who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status are more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits.


xi Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

EXECUTIVE SUMMARY Introduction

The World Bank, in close coordination with other donors, has piloted a Rural Access and Mobility Project (RAMP- I) in Kaduna State (North-West) of Nigeria. The African Development Bank (AfDB) also supported a similar approach in Cross River State (South-South).The successes recorded in these states paved way for the expansion of the project to cover additional four states namely; Adamawa, Enugu, Niger and Osun states under the Second Rural Access and Mobility Project Phase 2 (RAMP 2). The scaling-up of RAMP 2 to include Imo State necessitates the update of the RPF in order to provide appropriate guidance on resettlement and compensation should the occasion arise during the implementation of RAMP 2 sub-project activities in Imo State.

The objective of the project (RAMP 2) is to improve transport conditions and bring sustained accessibility to the Nigerian rural populace, through rehabilitation and maintenance of key rural transport infrastructure in a sustainable manner in the selected states (Adamawa, Enugu, Niger, Osun and Imo).

Project Description

The project has three components namely: (i) upgrading and rehabilitation of rural transport infrastructure which aims to upgrade and rehabilitate about 1,450km of rural roads; (ii) community-based road maintenance which means that permanent routine maintenance would be performed by communities living alongside the rehabilitated roads, and annual mechanized maintenance to be performed at the end of rainy season, and (iii) project management and strengthening of states and federal road sector institutional, policy and regulatory framework, which aims to address institutional capacity gaps with regards to rural road asset's management, as well as to develop and implement sound rural transport policies.

Need for RPF

The implementation of Component 1 will involve civil works that includes construction of the roads and river crossings (Culverts, Bridges). This may lead to potential land acquisition or property and thus the need for this RPF. The RPF was originally prepared and disclosed in May 2008 for Osun and Enugu States and later updated and disclosed in May, 2012 to include additional States (Adamawa and Niger States), the RPF is being updated again in 2016 to include Imo State in accordance with OP 4.12 (Involuntary Resettlement) in order to provide appropriate guidance on resettlement and compensation should the occasion arise during the implementation of RAMP 2 sub-project activities.

Thus, this Resettlement Policy Framework (RPF) serves as the required practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs) for sub-projects during the implementation of the RAMP 2 projects in Adamawa, Niger, Enugu, Osun and Imo


xii Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

States. It is vital to note that for each sub-project supported under the Project that involves land acquisition or relocation of people, a separate Resettlement Action Plan (RAP) satisfactory to the Bank is required prior to signing a work order.

Legal Framework for Land Acquisition

The legal framework for land acquisition in Nigeria is the Land Use Act of 1978 reviewed under Cap

202, 1990.. The relevant World Bank operational policy (OP 4.12), which addresses land acquisition and involuntary resettlement was reviewed. The differences between the Land Use Act and the Bank’s OP 4.12 are mostly in rehabilitation measures, which are neither proscribed nor mandated in the Act. Thus it is noted in this RPF that in the event of divergence between the two, the World Bank safeguard policy shall take precedence over Nigeria Land Use Act.

Potential Impacts

Positive and negative impacts on the targeted areas/communities are expected in the course of RAMP 2 implementation phase.

On the positive side, RAMP 2 targets the vulnerable and poor areas and people therein. It is designed to contribute to positive social outcomes relating, for example, to increased well-being, providing livelihood and food security for the overall populations in targeted areas and beyond. Specifically, the actual implementation of the project is substantial to achieve improved rural road network management and increased access to the rural settlements as well as the agricultural areas, local involvement in management and other economic opportunities, greater diversity in production and in farmers' income, development of partnerships with the private sector, increase in production, yield and farmers' income, increase in vegetation cover in erosion affected targeted areas (hectares, km), improved institutional capacity for land use planning, monitoring, and outreach and functional monitoring and evaluation system linked with federal and state systems.

The World Bank resettlement policy, OP 4.12 is developed to ensure that the negative impacts of RAMP 2 development on people do not occur. And even w hen it does occur, the affected persons/people are commensurately compensated for the loss of their assests (of land, property or access) in kind e.g. land for land or a combination of land and cash or when it becomes inevitable cash compensation.

Moreover, it is not inconceivable that RAMP 2 is likely to create protected areas that would serve as control measure. This could include the creation of areas to enhance safety during construction or rehabilitation. In such situation persons who have settled in such areas or who use resources from them (e.g. quarries, sand mining, hunting, fishing) would be compensated in accordance with OP4.12 and the objective of this RPF as enunciated in the entitlement matrix.

Thus, adequate measures must be put in place in order to ensure that all subprojects are screened for potential resettlement and where resettlement is anticipated, that the appropriate steps are taken to compensate project affected persons.


xiii Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

Guiding Principles for Resettlement Planning

This RPF identifies the guiding principles for resettlement planning for the Borrower (Nigerian Government) and mechanisms that should be put in place in order to screen sub-projects and ensure that appropriate measures are in place to address any issues which arise from potential land acquisition under the RAMP 2.

Once the proposed intervention has been designed prior to the commencement of actual work, a socio-economic study and census (including complex households such as compounds) will be carried out within the area directly affected by the project where land will be acquired. The socio-economic study would focus on such issues as livelihoods, household and compound composition, clan and sub-clan organization, other forms of social organization, ethnic groups, traditional and non-traditional leadership and other factors in the area, conflict and other issues relevant to the implementation of a resettlement plan.

Grievance Redress Mechanism

The RAMP 2 Resettlement Policy Framework (RPF) amplifies the description of grievance redress mechanisms which is non-judicial within the State Project Implementation Unit (SPIU) or MDAs in the respective States that are responsible for the resettlement as the preferred option. This, it is anticipated will allow unencumbered fora for people to express their dissatisfaction over compensation and R&R provisions as well as avoidance of unnecessary legal delays and cost overrun of the project. All grievances or complaints must be registered and compiled regularly for project management.

RPF Coordination and Implementation

The RAMP 2 would require a multi-sector operation. Thus the institutional arrangement would be pragmatically designed to involve other relevant Federal and State MDAs, Local Government, Local Communities and CSOs/NGOs also need.

The Federal Ministry of Agriculture and Rural Development (FMA&RD) has established a Federal Project Management Unit that provide technical support to SPIUs and ensure monitoring & evaluation, Policy M&E. The primary responsibility for project design and execution depends on the States, through the SPIU. The SPIU shall provide awareness, mobilization and facilitation, project appraisal, approval & disbursement, capacity building, monitoring and evaluation, reporting to FPMU, AFD and the World Bank.

The skills required for strengthening respective State PIUs capabilities for managing resettlement issues associated with RAMP 2 have been identified and these should be carried out accordingly, as part of the budget for managing the resettlement issues.

With regard to budget, some of the costs of resettlement (e.g. professional services, site preparation, construction, etc.) can be financed from the Bank loan, while other costs (e.g.


xiv Federal Project Management Unit (FPMU), Rural Access & Mobility Project (RAMP), November, 2016

compensation payments, acquisition of land) cannot be financed from the Bank loan and must be borne out of counterpart funds. In either case, resettlement costs should be included in the overall sub-project budget.

Monitoring and Evaluation (M & E)

In order to successfully complete the resettlement management as per the implementation schedule and compliance with the policy and entitlement framework, there would be the need for monitoring and evaluation of the RPF and RAP implementation.

Thus, monitoring and evaluation will be a continuous process and will include internal and external monitoring. However, the Safeguards Officer shall play a vital role in reporting the progress of implementation as well as compliance to the PIU, FPMU, AFD and the World Bank standards.

Consultation, Review and Disclosure

For RAMP 2, public consultation and stakeholders’ participation which have been initiated already in the course of the preparation of this RPF are considered. In addition, in the course of updating the RPF, stakeholders in Imo State were consulted. The RPF document those stakeholders that were consulted, the dates of consultations, concerns of stakeholders and the response of RPF/RAMP 2 to these concerns are presented in annexes 9 and 10.

The updated RPF will be re-disclosed in country to the general public for review and comment at designated locations in the participating States and in the World Bank InfoShop. In addition, subsequent site specific Resettlement Action Plans (RAPs) to 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.


CHAPTER ONE

GENERAL INTRODUCTION

1.1 Project Background

Road transport accounts for about 90% of the internal movement of goods and people in Nigeria. It is the main mode of transportation and also the only means of access to most rural communities where other modes of transport are either non-existent or too expensive. The current classified road network is estimated at about 195,000 kilometers. Of these, 32,100 kilometers (16.5 percent) are Federal roads, linking the state capitals and other major towns to one another; 30,900 kilometers (15.8 percent) are State roads, linking towns and major settlements; and the remaining 132,000 kilometers (67.7 percent) are Local Government Areas (LGAs) roads, linking smaller communities to one another and to Local Government Headquarters. However, more than 80% of the road network is either in fair or poor condition.

Previous studies revealed that most of the travel in rural areas is restricted within 4 km of the rural homes and is done away from the existing national road networks. Most of this travel is for purposes of accessing basic daily necessities like a grinding mill, marriage ceremonies, schools, hospitals and other social activities, herding cattle and carrying firewood, farm input or farm produce and fetching water. As a result of this, the Federal Government of Nigeria (FGN) has given priority to the provision of adequate transport facilities to meet the needs of the rural population.

To achieve this, a National Policy on Rural Travel and Transport Programme (RTTP) was prepared by the Federal Government as an integral part of the National Transport Policy. The Federal Ministry of Agriculture and Rural Development (FMARD) is responsible for the overall coordination of the RTTP in the country through the Federal Project Management Unit (FPMU). The proposed RAMP is to be guided by and will be supporting the implementation of the RTTP. The Federal Government of Nigeria, through the Federal Ministry of Finance, requested the assistance of donors in financing the implementation of RTTP.

One of the objectives of the World Bank among the financiers of RAMP 2, is in line with the Africa Action Plan, to assist Sub-Saharan Africa (SSA) countries to close the infrastructure gap by scaling-up resource allocation to sectoral focal areas of deliverables. In transport, the adopted strategy is to support rehabilitation of road networks and reform programs and to establish independent financing and management mechanisms.

In order to proceed with the clearance of the project, the government through Federal Ministry of Agriculture and Rural Development through Federal Project Management Unit (FPMU) of the



Rural Access and Mobility Project is required to prepare a Resettlement Policy Framework (RPF) consistent with the World Bank Safeguard Operational Policy (OP) 4.12 Involuntary Resettlement.

The project is rated environmental category B. Since the location of the rural roads to be improved is not yet known, an Environmental and Social Management Framework (ESMF) is presented in a separate document, which defines standard procedures and methods for incorporating environmental and social concerns into the selection, planning and implementation of all individual gravel, rural and feeder road sub-projects to be carried out under the project.

Although it is not anticipated that rural/feeder road interventions will require land acquisition or will restrict access to natural or economic resources, the possibility of this cannot be ruled out. Thus, The RPF was originally prepared and disclosed in 2008 and updated in 2012 to include Adamawa and Niger. In the light of the scaling up of RAMP 2 to include Imo State, the FPMU-RAMP is updating the Resettlement Policy Framework (RPF) to include the additional state in order to guide the management of resettlement activities of the RAMP 2 project. -

The World Bank's Operational Policy (OP) 4.12 requires that the RPF report be disclosed as a separate and stand alone document. Therefore, having disclosed the previous RPF, this updated version (for Imo State) will equally be disclosed both in public facilities including the Local Government Council across Imo State as well as the Infoshop at the World Bank, while the date of disclosure must precede the date for appraisal of the project. However, where differences are found between the World Bank Policies and Nigerian laws and policies, the World Bank Policies will prevail.

1.2 Rationale for the Resettlement Policy Framework (RPF)

The Resettlement Policy Framework (RPF) is designed to provide procedures and guidelines that would be followed because the World Bank’s OP 4.12 is triggered by the project. The RPF provides a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs) for sub-projects during the implementation of the comprehensive RAMP 2 Project.

The RPF sets out the policies, principles, institutional arrangements, schedules and indicative budgets that will take care of any anticipated resettlements. These arrangements shall also ensure the presence of a structured/systematic process (as against an ad-hoc programme) for the different stages of the implementation of a framework that assures participation of affected persons, involvement of relevant institutions and stakeholders, adherence to both World Bank and Government procedures and requirements, and outline compensation for affected persons.

It is an established fact that the RAMP 2 activities would lead to different levels or scales of impacts (positive and negative). By virtue of its design, the RAMP 2 is expected to contribute to positive social outcomes such as, improve well-being of the people of the project area, generate employment and enhance income, provide livelihood security for the overall populations in targeted areas, improve rural communication, enhance transportation of farm produce and more importantly contribute to poverty reduction. Conversely, some of the negative impact of the RAMP 2 could entail loss of access to and/or property, loss of livelihoods, loss of assets, loss of



sources of income, loss of access to locations that provide higher incomes or lower costs, etc., which would result from acquisition of land/displacement.

At this stage of the project preparation for Imo State, specific information on numbers of sub-projects, site location, local communities, geo-physical land features, nature etc is not available. Thus it is difficult to define what the specific social impacts of the sub-projects are with regard to the exact locations and magnitude of the sub-projects (volume, scope, scale and/or actual nature of activities, etc). This implies, at present, that who will be impacted and how or the nature of impacts are not known as well in the event of land acquisition/displacement. The difficulties inherent in defining what the real social impacts of the proposed sub-projects are or coupled with the fact that no exact locations and magnitude of sub-projects are known at present necessitate the development of an RPF.

1.3 Scope of the RPF

The concept of Resettlement Policy Framework (RPF) clarifies resettlement principles, organizational arrangements and design criteria to be applied during project implementation. Thus, 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 RPF is designed to mitigate harmful impact of displacement or land acquisition occurring in the process of Imo RAMP 2 implementation. It is not designed to:

address “economic displacement” in itself

to mitigate damages caused by processes occurring prior to the Imo RAMP 2 interventions of any particular sub-project.

1.4 RAMP 2 and the Principle of Involuntary Resettlement

By the World Bank OP 4.12 standard, those affected by resettlement are defined as those who are directly affected socially and economically by:

(a) The involuntary taking of land and other assets resulting in:

relocation or loss of shelter; loss of assets or access to assets; or loss of direct income sources or means of livelihood (i.e., income and livelihoods

directly dependent on the affected areas), whether or not the affected persons must move to another location.

(b) The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons.

The Bank Safeguard Policy OP 4.12 applies to RAMP 2 in:

1. All components under the project, whether or not they are directly funded in whole or in part by the Bank.



2. All displaced persons due to the sub-projects regardless of the total number affected and the severity of the impact and whether or not they have legal title to the land.

3. Squatters or other land occupiers who lack legal title or legal occupancy rights to the land they occupy who should be entitled to assistance in accordance with the objectives of the RPF.

(c) This RPF further applies to other activities resulting in involuntary resettlement that in the judgment of the Bank are:

a) Directly and significantly related to RAMP 2 sub-projects during implementation b) Necessary to achieve its objectives as set forth in the project documents; and c) Carried out, or planned to be carried out, at the same time as the RAMP 2 sub-projects.

As required by the policy, the implementation of individual resettlement and compensation plans under the RAMP 2 are a pre-requisite for the commencement of sub-project activities causing resettlement.

It is further required that these measures include provision of compensation and/or other form of assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites (if necessary) with adequate facilities, where required. In particular, the taking of land and related assets or the denial of access to assets should take place only after compensation has been paid and where applicable, resettlement sites, new homes, related infrastructure, public services and moving allowances have been provided to displaced persons.

Furthermore, where relocation or loss of shelter occurs, the policy further requires that measures to assist the displaced persons should be implemented in accordance with the resettlement and compensation plan of action.

Below an overview of what must be done to compensate those that will displaced involuntarily (lose of land or prevention of access to normal means of livelihood) is given:

Offer displaced persons choices among feasible resettlement options, including adequate replacement housing or cash compensation where appropriate.

Provide relocation assistance suited to the needs of each group of displaced persons, with particular attention paid to the needs of the poor and the vulnerable.

Make compensation prior to displacement either in cash, housing or land.

Build new resettlement sites for displaced persons with improved living conditions.

In the case of physically displaced persons with recognized or recognizable rights, the project will offer the choice of replacement property of equal or higher value, equivalent or better characteristics and advantages of location or cash compensation at full replacement value.

Where these displaced persons own and occupy structures, compensate them for the loss of assets other than land, such as dwellings and other improvements to the land, at full replacement cost.



Offer compensation in kind in lieu of cash compensation where feasible. Based on consultation with such displaced persons, provide relocation assistance sufficient for them to restore their standards of living at an adequate alternative site. It is important to stress that the policy is not designed to address “economic displacement” in itself. “Economic displacement” could occur where people suffer losses or damage due to project activities that do not involve the taking of land. For example, if a road is realigned in order to reduce runoff and a business located along the former roadway loses customers, this is a case of pure economic displacement and not subject to OP4.12 because land was not taken from the business itself. If, on the other hand, construction of a drainage canal involves cutting off access by persons to a school or health facility, some compensation could be called for due to the taking of land to build the canal.

In summary, the RPF reflect the fact that OP4.12 demands mitigation only when land is taken, it does not prohibit compensation for other kinds of losses and damage such as loss of “customer goodwill” but such compensation is not required by OP4.12.

1.5 RAMP 2 Sub-Project Implementation Principle

The implementation of individual RAPs must be completed prior to the implementation of sub-project activities causing resettlement. The Bank Safeguard Policy OP 4.12 applies to all components under the RAMP 2 programme, whether or not they are directly funded in whole or in part by the Bank.



CHAPTER TWO

DESCRIPTION OF THE PROJECT

2.1 Project Description

The Project Development Objective (PDO): The overarching objective of the proposed Second Rural Access and Mobility Project (RAMP) also known as RAMP 2 is to support the improvement of rural access and mobility in the participating States by:

Providing improved all-weather access road networks in selected and prioritized rural development areas; and

Supporting the institutional reform in the transport sector in the states to improve management of the state-wide road network.

The RAMP 2 project in Imo State includes the following components: Component 1 – Upgrading and Rehabilitation of Rural Transport Infrastructure (US$47.0 million, including contingencies): This component will finance:

Sub component 1.1 (US$44.0 million): Upgrading and rehabilitation of approximately 401.1 km of selected existing rural and state roads in Imo State, and carrying out related design studies and supervision activities. This involves the upgrading and/or rehabilitation of selected rural roads (or state roads on a case by case basis with connectivity purposes), as well as river-crossings in order to ensure minimal access at locations selected for their importance for agricultural productivity or to give access to social services. It is expected that most of the roads to be included in the project will remain earth roads. However, subject to local climatic conditions, construction material availability and nature and traffic level sealing options could be considered for some roads, and villages and town sections, provided the State adopts cost effective design, like reducing road width commensurate with traffic volume. This component will finance mechanized maintenance works for the first year that shall be executed at the end of the defects liability period by the same contractors, while Imo State will continue financing maintenance expenditures for the remaining design life of the rehabilitated roads. During selection of roads priority will be given to roads serving high agricultural potential areas and roads filling missing links in the network. The related design studies and supervision activities include, supervision services for the upgrading/rehabilitation works, economic viability studies, design and bidding document preparation, Environmental and Social Impact Assessment (ESIA), technical audits and other services required for quality assurance.

Sub-component 1.2 (US$3.0 million): Upgrading and rehabilitation of approximately 3 to 5 river crossings in Imo State, and carrying out related design studies and supervision activities. This involves upgrading and rehabilitation of causeways, fords, box culverts as well as small bridges on rural roads in Imo State. This component my finance critical



medium size bridges on exceptional basis, to ensure connectivity of communities and/or farm areas to market.

Component 2 – Community-based road maintenance and annual mechanized maintenance (US$9 million, including contingencies): This component will finance:

Sub component 2.1 (US$7.5 million): pilot program for community based and mechanized maintenance on approximately 100 km of selected existing rural and state roads in Imo State, as well as community based maintenance contracts for the roads rehabilitated under sub component 1. 1, and carrying out related supervision activities. The latter involves contracting out community based contracts for all the roads upgraded and rehabilitation under sub component 1.1 and financing maintenance expenditures for the first year while Imo State will continue financing the community based contracts for the remaining design life of the rehabilitated roads.

Sub-component 2.2 (US$1.5 million): technical assistance for the preparation of maintenance plan, bidding documents for mechanized and community based maintenance contracts; organizing and training Local Community Groups (LCGs) and micro-enterprises, and support to maintenance contracts tendering. This sub component includes providing support to: (i) the pilot community based and mechanized maintenance contracts; (ii) community based maintenance contracts for all the pilot roads after completion of the pilot maintenance contracts; (iii) follow-on mechanized annual maintenance for the roads upgraded and rehabilitated under this Project; and (iv) follow-on community based maintenance contracts the roads upgraded and rehabilitated under this Project. Micro enterprises that will engage local labor could also compete with LCGs and undertake maintenance contracts.

This component will support operations that will instill good maintenance practice by putting in place a maintenance planning framework and long term maintenance scheme. This will be realized through piloting sustainable maintenance on selected maintainable roads while preparing a maintenance plan for the core rural road network in the State and rolling out a sustainable maintenance mechanism by supporting the State in the preparation of maintenance plan and initiating the contracting process.

Component 3 – Project management and strengthening of Imo State road sector institutional, policy and regulatory framework (US$4.0 million): This component will finance:

Sub-component 3.1 (US$1.5 million): support to build the institutional capacity of Imo State for rural roads management and maintenance and project implementation , including: (a) reform of state road sector institutions, including institutionalization of the SPIU within states’ organizational chart for rural roads’ management and coordination with eventual objective of creating/strengthening the state and/or rural roads agency; (b) support to the establishment of a mechanism for reliable and stable flow of maintenance financing by conducting a study on alternative sources for maintenance funds and legislating the establishment of a State Road Maintenance Fund; (c) establishing a database for rural roads based on Global Information System (GIS)-based on road inventories and introducing a simplified road asset management system for the prioritization of maintenance and



investment interventions for the core rural roads network in the State; and (d) adoption and mainstreaming of sound rural transport policies ( axle load control, ownership, etc,).

Sub-component 3.2 (US$2.5 million): support to Imo State in project management and road policy development , including: (a) strengthening the financial management, procurement, safeguards monitoring and engineering capabilities of the SPIU by providing qualified local consultants while the State provides the core project management staff, including the Coordinator; (b) provision of vehicles, office equipment and rentals; (c) day to day administration, financial management, procurement, environmental and social safeguards management, and monitoring and evaluation of Project activities at the state level; (d) institutional support and training to local governments (e.g. on safeguards enforcement, fiduciary management, governance and accountability, infrastructure planning); and (e) technical assistance for ensuring stakeholders and civil society participation in processes that assure road quality, efficiency of works, transparency and social inclusion; and (f) monitoring and evaluation; baseline and impact evaluation surveys; citizen engagement survey, participatory activities for program’s scaling up; and technical audits.

2.2 Characteristics of Road Networks in the Imo State

The economy of Imo State depends majorly in agriculture and commerce. Some of the typical agricultural produce are cassava, yam, oil palm, rice, cocoyam, maize rubber, melon etc. Thus, the importance of roads network on the socio-economic development of the State (Imo) cannot be over-emphasized. Studies have however shown a high correlation between roads infrastructure and socio-economic development.

Map 1a: Osun RAMP 2 LGAs/Km

Map 1b: Osun RAMP 2 Roads



Map 2a: Niger State RAMP 2 LGAs/Km

Map 2b: Niger State RAMP 2 Roads

Map 3a: Adamawa RAMP 2 LGAs/Km

Map 3b: Adamawa RAMP 2 Roads

Map 4a: Imo RAMP 2 LGAs/Km

Map 4b: Imo RAMP 2 Roads



2.3 Road Selection for the RAMP 2

The selection of roads for the RAMP 2 project was done through identification, selection, prioritization study that was conducted in order to prioritize intervention areas and rural road network based on a combination of selection criteria including the population of the communities living along the links, agricultural production, environmentally sensitive areas, markets and community preferences. Also, priority rural roads were identified within each prioritization area, using criteria such as connectivity, traffic levels, rural transport hubs or connection to health and education facilities. The selection of roads in Adamawa and Osun were carried out in 2008, while those of Adamawa and Niger were carried out in 2012. The states of Adamawa, Niger and OSun have implemented the RAPs prepared for the first batch of roads by the detailed engineering consultants while Enugu will implement as soon contract for the rehabilitation works were awarded. Therefore, as part of the RAMP 2 scale up to include Imo State, a prioritization study carried out by the state came up with a list of about eight (8) river crossings, twenty seven (27) bridges and sixty (60) rural roads having a length of 401.1km packaged in five lots. The length of these roads was reconfirmed through field visits with a GPS. The detailed engineering consultant which will be hired by the project will carried out a detailed survey and assessment as part of their work to prepare ARAPS/RAPs. The characteristics of road networks in Imo State are presented in the table below.

Map 5a: Enugu RAMP 2 LGAs/Km

Map 5b: Enugu RAMP 2 Roads



Table 2.1: Identified Prioritized Rural Roads in the Imo State and Agricultural Potential

Lots Cluster of Roads Km Main Agricultural Activities 1. Umuago-Ndiejezie, Ndiawa-Ikpaokorie, Umuagbadagbo-

Umumi, Awala-Umuchima, Ama Edward-Ndiejezie, Umualoma-Umunze, Eke Ndiuche-Ndiadimoha.

71.6

Cassava, yam, maize, palm oil, breadfruit, rice, okro, cocoyam, poultry farming.

2. Umunoha-Orodo, Ekeoha-Ogwa, Afor Obazu-Odu, Obibi Okwu-Ejemekwuru, Umuabale-Ugbaku, Umuabale-Okolochi, Ihiagwa-Umuokpo, Nduhuobokwe-Okwuemeka.

71.5 Cassava, yam, maize, palm oil, breadfruit, rice, okro, cocoyam, poultry farming.

3. Mechanic Village-Amamadubuike, Umuchoke-Umuoma, Umuago-Ofeahi, Ikpaku-Ndiawa, Ike Umuduru, Umuobomu, Ekeachi-Aboh Umulolo, Ihube, Amano-Umuawasa, Umunachi-Umuelemae, Aba branch-Umuokpara, Afor Ebu-Nzerem, Orieikpa-Ikpem.


4. Owerri Nkwoji – Aba Road, Abaja- Amaigbo, Orlu Nkwere-Nkume, Orishieze-Imerienwe, Odoika-Amiri, Duruobiaku-Eziachi, Umuezike-Onitsha, Awugu-Mbutu, Umuobiagu-Obohia, Umuchukwu-Ntu, Afor Eziama-Obokwe, Umuogbontu-Umuaku, Council-Nguru Ntu, Eke Isu-Afor Enyiogwu, Airport Junction-Egbelu, UmunekeObike-Amala Obike, Ekeisu-Egelu Ebube, Umuowa-Obiangwu, Afor Enyiogugu.


5. Umariam-Okohia, Nduhum-Owugha, Egbegbere-Ekeumuhir, Council Road-Umuhi, Eke Umuniha, Amainyinta-Afor Umuiyi, Ekeikpa-Umuawuchi, Afor Oru-Amaimo, Lude-Ekwereazu, Obeama-Abia-Umunbiri, Nnarambia-Lude Ahiara, Ogbe-Ekeala.

78.1

Cassava, yam, maize, palm oil, breadfruit, rice, okro, cocoyam, poultry farming.



CHAPTER THREE

PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT

3.1 Principles and Objectives Governing Resettlement

The impacts due to involuntary resettlement from development projects, if left unmitigated, often gives rise to severe socio-economic and environmental risks resulting in dismantling of production systems, severe impoverishment of people when their productive skills may be less applicable and the competition of resources greater; weakening of community institutions and social networks; displacement of kin/clan groups and cultural identity, disorganization of traditional authority together with the dismantling or lost of and the potential for mutual help.

The World Bank resettlement policy OP/BP 4.12 could be triggered in instances where, project activities could result in loss of structures (houses, fences etc.) and possibly incomes (rents for landlords, business premises, and agricultural land). Therefore, people will be in most cases compensated for their loss (of land, property or access) either in kind or in cash of which, in most cases the former is preferred. Compensations were paid in the on-going project activities for the first batch of roads in Adamawa, Niger and Osun states. Similarly, RAPs will prepared and implemented for the remaining batch of roads in all RAMP states in accordance to the policy.

The failure to take into account potential involuntary resettlement in the improvement of rural/feeder roads under the RAMP 2 can increase the risk of hardship and negatively impact poverty reduction objectives. In this context, the overall policy objectives to be pursued in implementing the RPF are:

(i) Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, exploring all viable alternatives.

(ii) Where involuntary resettlement and land acquisition is unavoidable, resettlement and compensation activities will be conceived and executed as sustainable development programs, providing sufficient investment resources to give the persons displaced by the project the opportunity to share project benefits. Displaced and compensated persons will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement and compensation programs.

For the purposes of this framework, “affected persons” are defined as:

All persons who, as a result of works carried out or to be carried out under the Project, would incur: (i) relocation or loss of shelter, such as houses; (ii) loss of assets or access to assets, such as land or crops; or (iii) loss of income sources or means of livelihood whether or not the affected persons must move to another location, such as stalls or productive activities on the land; or



The involuntary restriction of access to legally designated parks or protected areas, which would result in adverse impacts on the livelihoods of displaced persons.

Therefore, involuntary resettlement as presented in the definition OP/BP 4.12 (see Appendix 1) means both physical displacement as well as economic displacement. The term “involuntary” means that any impact, to which the project affected person cannot say no, is “involuntary” and therefore the policy OP/BP 4.12 is triggered.

The policy applies to all displaced persons regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Particular attention will be paid to the needs of vulnerable groups among those displaced; especially those below the poverty line; the landless, the elderly, women and children and the ethnic minorities or other displaced persons who may not be protected through Nigerian land compensation legislation.

In particular for RAMP 2, the policy also requires that the implementation of individual resettlement and compensation plans are a prerequisite for the commencement of project activities causing resettlement, such as land acquisition, to ensure that displacement or restriction to access does not occur before necessary measures for resettlement and compensation are in place.

It is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites (if necessary) with adequate facilities, where required. In particular, the taking of land and related assets or the denial of access to assets may take place only after compensation has been paid and where applicable, resettlement sites, new homes, related infrastructure, public services and moving allowances have been provided to displaced persons.

Furthermore, where relocation or loss of shelter occurs, the policy further requires that measures to assist the displaced persons are implemented in accordance with the resettlement and compensation plan of action.



CHAPTER FOUR

LEGAL FRAMEWORK FOR RESETTLEMENT This chapter describes the existing legal, institutional and regulatory framework in Nigeria that relates with land administration, land tenure and land use. It also involves the appraisal of different legal instruments regarding government and individual acquisitions, resettlement and compensation policies in Nigeria. However, the legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978, reviewed under cap 202, 1990.

Bearing in mind that infrastructure particularly road construction and management works best when there is a supportive policy and legal framework, particularly:

policies that facilitate decentralized and participatory development; institutional arrangements that allow and encourage public agencies at all levels to work

together; and an approach to access to natural resources that reflects local legislation and tenure practices

and problems. Land tenure and common pool resources are a particular challenge for watershed management and erosion control, hence the need for a clear understanding of the policy and legal framework and local practices and of how a project can work within this framework to promote investment especially when issues of resettlement arises.

4.1 Land Ownership in Nigeria

The legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978. The relevant Bank policy (OP) 4.12, which addresses land acquisition and resettlement, was adopted in 2001. The differences between the Land Use Act and the Bank’s OP 4.12 mostly concern rehabilitation measures, which are neither proscribed nor mandated in the Act.

Infrastructure Projects are land based. To this end, various interests and titles to particular pieces of land may be impacted. Therefore an analysis of the legal framework for the project will be carried out in the RAP and this will consider the various land holding arrangements in the assessment of entitlements and compensations for the various interests for lands acquired.

Land ownership in Nigeria is subject to a range of diverse cultural and traditional practices and customs and thus can be classified broadly based on the following:

Community land, or land commonly referred to as ancestral land, is owned by all the

people within the community.



Communal land consists mostly of under-developed forests and is owned by nobody. Those who clear it first claim ownership.

Clan or family land is owned by clans and families, as the name suggests. Institutional land: land allocated to traditional institutions such as traditional authorities

and chiefs. Individual land: land acquired by an individual, which may be inherited by the immediate

family, depending on customary practices or purchased or allocated by the government.

4.2 Nigerian Legal/Institutional Guidelines and Requirements

All the necessary legal and administrative requirements relating to land in Nigeria are described below.

4.2.1 Land Use Act of 1978 and Resettlement Procedures

The Land Use Act of 1978 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. The Governor 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 concept of ownership of land as known in the western context is varied by the Act. The Governor administers the land for the common good and benefits of all Nigerians. The law makes it lawful for the Governor to grant statutory rights of occupancy for all purposes; grant easements appurtenant to statutory rights of occupancy and to demand rent. The Statutory rights of Occupancy are for a definite time (the limit is 99 years) and may be granted subject to the terms of any contract made between the state Governor and the Holder.

The Local Government Councils may grant customary rights of Occupancy for agricultural (including grazing and ancillary activities), residential and other purposes. But the limit of such grant is 500 hectares for agricultural purpose and 5,000 for grazing except with the consent of the Governor. The local Government, under the Act is allowed to enter, use and occupy for public purposes any land within its jurisdiction that does not fall within an area compulsorily acquired by the Government of the Federation or of relevant State; or subject to any laws relating to minerals or mineral oils.



4.2.2 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 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.

4.3. International Guidelines

International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects recognize development that result in involuntary resettlement. It is against this background that policies and guidelines have been set for managing such issues. These policies must be complied with by project proponents before these institutions invest in them. One of such is the World Bank Policy on Involuntary Resettlement (OP.4.12).

The World Bank’s policy on involuntary resettlement will be applied in any sub-project of the RAMP 2 that displaces people from land or productive resources due to land take.



4.3.1 World Bank Policy on Involuntary Resettlement (OP.4.12) and RAMP 2 Projects

The Bank’s policy (in paragraph 2) advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement must be conceived and executed as a sustainable development program, where it is inevitable, providing sufficient investment resources to enable persons displaced by the project share in project benefit. Persons displaced must be:

i. Duly consulted and should have opportunity to participate in the planning and execution of the resettlement;

i. Compensated for their losses at full replacement cost prior to civil works;

ii. Assisted with the move and supported during the transitional period in the resettlement site;

iii. Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them.

4.4 Comparison Between Nigerian Law and World Bank OP 4.12 on Compensation

Table 4.1 shows the comparison between Nigerian land law and the World Bank policy on compensation. Whereas the law relating to land administration in Nigeria is wide and varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank’s OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by a cut -off date.

The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons. Thus all land to be acquired by the government for this project would be so acquired subject to the Laws of Nigeria and the Bank OP4.12.

In the event of divergence between the two, the World Bank safeguard policy shall take precedence over Nigeria Land Use Act.



Table 4.1: Comparison of Nigerian Law and World Bank OP4.12 on Compensation

S/n Category of PAPS Nigerian Law World Bank OP4.12 1 Land Owners Cash compensation based

upon market value. Recommends land-for-land compensation when livelihood is land based. Other compensation is at replacement cost.

2 Land Tenants Entitled to compensation based upon the amount of rights they hold upon land.

Are entitled to some form of compensation whatever the legal recognition of their occupancy.

3 Land Users Not entitled to compensation for land, entitled to compensation for crops.

Entitled to compensation for crops, may be entitled to replacement land and income must be restored to pre-project levels at least.

4 Owners of “Non permanent” Buildings

Cash compensation based on market value.

Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement.

5 Owners of “Permanent” buildings

Cash Compensation is based on market value.

Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement.

The World Bank resettlement policy, OP 4.12 is developed to ensure that the negative impacts of RAMP 2 development on people do not occur. And even it does occur, the affected persons/people are commensurately compensated for their loss (of land, property or access) in kind e.g. land for land or a combination of land and cash or when it becomes inevitable cash compensation.

It should be noted that massive involuntary displacement in RAMP 2 is not envisaged. Also RAMP 2 does not envisage that the project will lead to the acquisition of protected areas (PA) or community resource management areas. However, in the unlikely event that this happens the procedures offered by OP4.04 will be followed.

Based on the existing comparison of the compensation systems of Nigeria and the World Bank, entitlement matrix is designed to assist the process by bridging the gaps between requirements under Nigerian Law and the World Bank OP4.12. The higher of the two standards is followed in this entitlement matrix, since this procedure also satisfies the requirements of the lesser standard. The missing values in the entitlement matrix will be determined at the time the resettlement plans (RAPs) are being negotiated and prepared.

Table 4.2: The Entitlement Matrix for Various Categories of PAPs

Category of PAP

Type of Loss ENTITLEMENTS

Compensation for Loss of Structures

Compensation for Loss of Land and other Assets

Compensation for Loss of Income

Moving Allowance

Other Assistance



Property Owners

Loss of Land Full Replacement Costs.

Land replacement at new site, plus land clearing by the project

Crops at market rates in scarce season

None Amount to be determined by SPIU

Loss of Structure or Business

Compensation at full replacement value not depreciated.

Lump sum payment of 6 months rent per tenant

For lost rental income, Lump sum cash payment of 3 months rent per tenant.

Moving to be done free by project

Disturbance Allowance to be determined by SPIU

Residential Tenant: Business Tenant

Loss of rental accommodation

No loss of structure, no entitlement to housing at new site.

Replacement costs for non-movables if installation was agreed with owner.

No loss of income

Free moving if notification before deadline

Lump sum payment of 6 months rent per tenant

Loss of Premises

No Loss Replacement cost for facilities that cannot be moved

For loss of business income, payment of half of turnover for 3 months

Free moving if notification before deadline

N/A

Encroachers (using Land)

Loss of Land None Where possible assistance in securing other access to land for crops growing subject to approval of local authorities/communities.

Crops at market rates in scarce season. For street vendors on right of ways possible access to other sites/locations

None Possible employment with civil works contractors, etc. and/or amount to be determined by SPIU

Squatters (living on Site)

Loss of Shelter

Compensation at full replacement value for structure, relocation to resettlement site, with payment of site rent.

None Payments in lieu of wages while rebuilding

None Amount to be determined by SPIU

Owners of Economic Trees

Loss of Economic Trees

No loss of trees, no entitlement.

Where possible assistance in securing other access to land for growing economic trees subject to approval of local authorities/communities.

Compensation for the loss of three years net earnings including other transitional costs (such as legal, survey and logistics).

None Possible employment opportunity with civil works contractors, etc and/or amount to be determined by SPIU.

Herders using land for grazing

Loss of grazing land

Compensation at full replacement value for relocation to resettlement site, with payment for feed and rent.

Land replacement at new site, plus land clearing and construction of structures by the project.

Lump sum cash payment of 6 months for feeds.

Movement to be facilitated by the project.

Disturbance Allowance to be determined by SPIU



CHAPTER FIVE

POTENTIAL PROJECT IMPACT AND PROJECT AFFECTED PERSONS (PAPs)

5.0 Introduction

This section provides information on the potential impact and likely Project Affected Persons (PAPs) that could be displaced or affected in the course of the RAMP II sub-projects activities.

5.1 Project Impact

RAMP II is designed to support participating states and local governments to reduce vulnerability to involuntary resettlement due to road development and construction. This RPF (with the subsequent RAPs) and other instruments such as the ESMF (and associated EIA/EMP) that shall be designed have the inherent ability to mitigate these negative impacts and enhance the positive impacts such as the following, enhancing access and mobility for the people and movement of agricultural products, creation of new jobs, greater diversity in production and in farmers' income, increase in production, yield and farmers' income to improved transportation.

However, the sub-project activities could involve physical displacement of people thereby engendering negative impact. This forms the basis for the preparation of this RPF and the subsequent resettlement plans.

5.1.1 Identification and Categorization of Loss and Impact

It is recognized that RAMP II project will lead to varying degree of land acquisition (small or large scale acquisition) which in turn, could lead to physical displacement from land (e.g. denial of access to usual means of livelihood). It must be noted that Project Affected Persons (PAPs) will be identified by the types of losses they suffer or the impact of the project on them.

Therefore, the project implementation personnel will:

i. Ensure that identification and categorization of the likely loss or impact is undertaken during the planning and design stages of each sub-project;

ii. Establish the magnitude and coverage of impacts early in the project planning in order to justify the resettlement instrument to adopt. General categorization of losses will be done to reflect extent of loss in terms of: permanent or temporary loss; full or partial loss; minimal or significant loss;

iii. Determine specific losses or impacts to reflect the exact nature of loss whether visible and tangible or intangible and categorize into the following losses: physical loss of assets which will be determined by assessing the interest or right to ownership, occupation and



possession; loss of income, loss of livelihood and opportunities to employment; impacts arising from disturbance/disruptions.

5.2 Project Affected Persons (PAPs)

In the context of this RPF, Project Affected Persons (PAPs) are described as those who stand to lose as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources such as forests, fishing areas or important cultural sites, commercial properties, tenancy, income-earning opportunities as well as social and cultural networks and activities. Such impacts may be permanent or temporary. This might occur through land expropriation, and include restricted or reduced access to legally designated fishing areas, wetlands and protected areas.

Table 5.1: Categories of Likely Losses/Impact

Category Type of Loss

Loss of Income and Livelihood Business Loss of rented income

Loss of business goodwill Loss of business income Loss of wage income Loss of fees from trainees or apprentices

Impact on accommodation

Loss of Business, Residential or Industrial Accommodation or Room

Opportunity to Livelihood

Loss of training or apprenticeship Loss of multiple income-generating activities

Plants & Crops Loss of economic or perennial trees Loss of grazing land Loss of food crops

Impacts arising from Disturbance/Disruptions Temporary structures

Loss of location and expense for moving structure

Impact on Access to Utilities

Disconnection of utility services

Disturbance Movable assets – incurring removal expenses Loss of peaceful enjoyment of property Loss of customers and companions

Physical Loss of Assets

Land Loss of land for residential, agricultural, commercial or industrial use

Structures Main Buildings Ancillary Buildings Fence walls Shops, kiosks etc



Other Civil works – pavements, concrete kerbs, concrete wells or reservoirs

Adapted from Resettlement Handbook

5.2.1 Squatters/Other Land Occupiers

PAPs apply to all physically displaced persons regardless of the total number affected, the severity of impact and whether or not they have legal title to the land. Thus squatters or other land occupiers who lack legal title or legal occupancy rights to the land they occupy must be respected as enunciated in OP4.12. Illegal occupants have the same entitlements as legally titled landowners. Squatters are entitled to assistance in accordance with the objectives of this RPF.

5.2.2 Eligibility Criteria

According to OP/BP 4.12 PAPs may be classified into one of the three following groups:

(i) Those who have formal legal rights to land and physical assets (including customary and traditional rights) recognized under the laws of the country.

(ii) Those who do not have formal legal rights to land or physical assets at the time the census begins, but have a claim to such assets, provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan.

(iii) Those who have no recognizable legal right or claim to the land or building they are occupying.

Persons covered under (i), (ii) and (iii) above are provided assistance under this Policy Framework if they occupy land or buildings prior to the cut-off date (which is the date the detailed census to identify affected persons begins). Persons who encroach on the area after the cut-off date are not entitled to consideration or any form of resettlement assistance under this Policy.

The likely displaced persons can further be categorized into three groups as outlined below:

1. Individuals: These are individuals who risks losing assets, investments, land, property and/or access to natural and/or economic resources as a result of a sub-project.

2. Households: A household is affected if one or more of its members are affected by any sub-project. This includes any member in the households, men, women, children, dependent relatives and, tenants; vulnerable individuals who may be too old or ill to farm along with the others; insofar as displacement due to the sub-project activities creates challenges for which these people are ill prepared.

3. Vulnerable persons/groups: The RAMP II project implementation would particularly pay attention to the needs of vulnerable groups among those displaced such as those below the poverty line of $1 per day; the landless, the elderly, women and children, the physically challenged other displaced persons who may not be protected through Nigerian land compensation legislation. The objective



is to provide whatever additional assistance that may be necessary to restore pre-project living standards of these extraordinary needing persons who are displaced due to the RAMP II activities.

Some of the vulnerable PAPs likely to be found in the project States and who will require special consideration due to physical displacement as a result of land take are highlighted below:

a. Internally displaced persons: These groups from the past troubles have little or no rights, are often the poorest of the poor, destitute, unskilled, unemployed and unemployable and often shunned by rest of contemporary society.

b. Elderly persons: Elderly people farm or carry out some other form of work as long as they are able. However, resettlement would damage their economic viability even more than losing land since it will separate them from the person or household on whom they depend for their support.

c. Persons Living With HIV/AIDS (PLWA): It is generally reported that there is a growing trend of people living with HIV/AIDS. Thus PLWA should be paid attention with a view not to compound the woes of their lives. These could readily be identified through health centres and NGOs, etc who support initiatives in this direction and thus adequately compensate them.

d. Orphans and street children: These children are more vulnerable since they are often “voiceless” because they have no parents to defend or stand up for them and also because they are considered too young to be heard. Orphaned children engage in any form of economic activity to provide for themselves and their siblings, by engaging in activities such as manual work at open air markets, transporting loads for short distances, scavenging for waste paper and metals and other exploitative employment. Compensation for these orphans and street children, if they are affected by the projects in a way which requires their physical relocation, would take the form of paying for their rehabilitation and training to acquire useful vocational skills.

e. Unmarried women and/or widow-female-headed households: These are women who may be dependent on sons, brothers, or others for support. Since an affected individual is able to name the person with whom he/she is linked in dependency as part of the household, resettlement will not sever this link.

In other cases, women are the main breadwinners in their households and therefore need relatively easy access to health service facilities, as mothers and wives. These women should not be resettled in a way that separates them from their households as the very survival of their households may depend on them. Their compensation must take into account all these factors.

f. Small-scale female farmers: Small-scale female farmers are also vulnerable because they may not have men available within the household to carry out male specific land preparation tasks. Either male relatives in other households help them voluntarily, or they hire men for cash, or food. Land compensation specifically includes the labour costs of preparing new land, so these women are provided for by the compensation plan.



g. Non-farming females: These women earn income from other sources and/or depend on relatives for “exchanges” of staple foods. Since they do not farm they will not be affected by the sub-projects need for agricultural land. However, if their buildings lie on land needed by a subproject, they will receive replacement cost compensation.

h. Dependent persons: These are people who are closely tied to their traditional or customary lands and natural resources on these lands, but these lands may not be under legal ownership. Any form of resettlement for local people embodies more serious risks than for any other populations and should consequently be avoided. If this is not feasible, the project will offer affected local and customary people at least compensation and due process available to those with full legal title to land in the case of commercial development of their land under national laws, together with culturally appropriate development opportunities. The project will enter into good faith negotiation with the affected people and document their informed participation and the successful outcome of the negotiation.

i. The physically challenged persons: These include people with disabilities such as blindness, paralysis, difficulties with locomotion, incapacity to work, etc. Priority must be given to these kinds of vulnerable persons who are affected. And the needs of each physically challenged person must be taken into consideration peculiarly. In some cases, it could be necessary for qualified persons to provide direct assistance in locating (or constructing) new housing nearby to relatives who can help care for an invalid or help a widowed mother, providing transitional support (e.g. moving expenses, temporary food supply, etc.), possibly job training and other support needed to allow vulnerable people to resume their lives under conditions at least as good as prevailed before displacement.

The State PMU will have to either involve specialized agencies or provide such care for vulnerable people itself. The idea is not for the state government to become a welfare agency, except insofar as displacement creates challenges for which vulnerable people who are ill prepared.

j. Other Vulnerable Groups and Activities: As with those listed above, any other member of the society that could be identified as vulnerable should be identified as being particularly vulnerable to land acquisition activities, and as such the following considerations will be made when project sites are identified and PAPs listed.

However, special consideration should be given to these groups outlined above by identifying their needs from the socio-economic and baseline studies undertaken as part of the RAP process. The groups should be individually consulted and given opportunities to participate in the resettlement decision-making process, as well as sub-project activities.

5.3 Approximate Number of PAPs and Potential Relocation Areas

Since at present it is not possible to determine the exact location, nature and magnitude of the sub-projects, it is also not possible at this stage to determine/estimate the number of Project Affected



Persons. For each sub-project, which might require physical resettlement, the number of PAPs will be established through RAPs which will be elaborated before sub-project implementation.

CHAPTER SIX

METHODS FOR VALUING ASSETS AND COMPENSATION ARRANGEMENTS

6.1 Methods of Valuation

In order to ensure that PAPs are provided full replacement cost of lost structures and other project impacted assets during project implementation and are able to rebuild or replace the lost structures/assets without difficulties, the valuation will estimate asset compensation rates based on full replacement cost without depreciation (Table 6.1). The replacement cost approach is based on the premise that the costs of replacing productive assets is premised on damages caused by project operations. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on on-site management practices and thereby prevent damage. The approach involves direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, moving expenses and other transaction costs.

Some of the relevant data to be captured during valuation will include:

• Location details of the assets including the measuring the spatial boundaries of the area/section of the land/assets/structures to be affected by the sub-project activities;

• Landuse details of the assets including the constructional details of affected property external works (fence walls, gates, pavements) affected details etc;

• Categorization of the structures such as temporary structures based on constructional details (wall materials), size of structure and of structure (business/residential/institutional/agricultural); and,

• Data on households affected (tenants, owners, relatives apprentices/trainees and livelihood).

The basis of valuation would comply with the stated legal provisions and this necessitate that the basis of valuation must assess the "Open Market Capital Value” which is usually the Replacement Cost. It must be emphasized that valuation must be based on comparisons to recent comparable transactions/costs and comparable assets or land and not simply on general tables that may be out of date and may be based on non-comparable assets or land.



Table 6.1: Method of Valuation S/No Loss of Land Comparative Sales

Method Based on the open market value of comparable recent land transactions

1 Loss of buildings, structures and other civil works

Replacement Cost Method or Comparative Sales Method (which ever gives a commensurate value)

Full replacement cost value as if new – recent construction cost rates

2 Loss of Business Income and Loss of Business Goodwill

Comparative Method

Based on the average monthly net profit

3 - Loss of Income from Rent and Expenditure Incurred for Alternative Accommodation during reinstatement period

Comparative Sales Method

Based on the comparable rent passing, rent advance paid

4 - Expenditure incurred for Transfer of movable properties and temporary structures

Comparative Method Based on truck/transport hiring charges

5 - Loss of Wages, -Loss of Fees from Apprentice, - Loss of Job Training

Comparative Method Based on current fees and wages

6 Loss of access to land used for

Agriculture

Comparative method Based on crop compensation

Resettlement assistance

Economic rehabilitation assistance

7. Loss of access to land used for grazing

Comparative method Based on feed compensation

Resettlement assistance

6.2 Forms of Compensation

Forms of compensation may include one of more of the following:



(i) Payments in Cash: Cash compensation may be made for damage to or loss of land assets, damage to or loss of trees or other activities related to livelihood and damage to or loss of structures.

(ii) Payments in Kind: In-kind compensation may be made for land assets, agricultural assets (such as productive trees) or structures.

6.2.1 Payments in Cash

Loss of Crops and Trees: Cash compensation shall be paid for loss of crops and trees, based on replacement values and cover a cash value of the loss estimated until the new crop or tree comes to maturity. Officials of the Ministries of Agriculture, Forestry and Natural Resources will establish the compensation rates. Compensation for trees will take into account the distinction between various types of trees and their economic values; fruit trees compared to non-fruit trees. Fruit trees will be compensated for the value of lost production until another tree comes to the stage of productivity.

Land Assets: For agricultural land, cash compensation shall be based on the replacement value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of land preparation to arrive at the pre-project state of development, plus the cost of any registration and transfer taxes. For land in populated, or urban areas, compensation shall be based on the replacement value of land of equal size and use, with no less than the public infrastructure facilities and services and located on or serving the affected land, plus the cost of any registration and transfer taxes.

Structures: For houses and other structures, cash compensation shall be based on the replacement cost of the materials to build a new replacement structure with an area and quality no less than those of the affected pre-project structure; or to repair a partially affected structure plus the cost of labor and any registration and transfer taxes.

Asset depreciation and the salvage materials shall not be taken into account for the above calculations.

6.2.2 Payments In-Kind

In-kind compensation of any of the above-mentioned assets will be provided in the form of materials required to re-erect affected structures at no less than the existing standard of the asset being displaced by the project. Such in-kind compensation will be made prior to the destruction of the pre-project assets, such that no loss of shelter and/or income-generating activities occurs as result of the project.



CHAPTER SEVEN

ORGANIZATIONAL PRINCIPLES AND RESPONSIBILITIES

7.1 Organizational Principles and Responsibilities

Resettlement issues will be addressed in the context of the Environment and Social Management Framework, summarized below, with responsibilities:

Table 7.1: The Road Project Cycle Matrix

Road Project Cycle Phase Activities Responsibilities

PLANNING

Screening and Scoping

Initial site visit & consultations. Identification of resettlement issues

and applicable safeguards policies Categorization Action plan Screening Report WB No-Objection

Consultant; Supervision by SPIUs/Ministry of Lands, Survey, Housing and Urban Planning, MEnv &, SEPAs, FMEnv.

DESIGN

Preparation of ESMP and RAP (if applicable) and consultations

Draft ESMP Draft RAP Consultations WB No-Objection

Consultant; Supervision by SPIUs/ MEnv &, SEPAs, Ministry of Lands, Survey, Housing and Urban Planning, FMEnv.

Disclosure Disclosure of draft ESMP/ RAP locally & to WB Info Shop

SPIUs/MEnv &, SEPAs, Ministry of Lands, Survey, Housing and Urban Planning, FMEnv, World Bank.

Finalization and Incorporation

Final version of ESMP/RAP Incorporation of ESMP into contract

documents WB No-Objection

Consultant; Supervision by SPIUs/SPMCs.

EXECUTION

Implementation and Monitoring

Implementation Monitoring & reporting on

environmental and social mitigation measures

Contractors; Supervision by SPIUs/FPMU/SPMCs & the Communities, NGOs, CBOs.

POST-CONSTRUCTION

Operations and Maintenance

Implementation Monitoring & reporting on

environmental and social mitigation measures

Contractors, RE; Supervision by SPIUs/FPMU/SPMCs & the Communities, NGOs/CBOs.



Furthermore, should the approved Screening Report indicate the need for a RAP, a Resettlement Committee shall be established by the SPIUs, which will consist of:

(i) Local Governments or other local authorized bodies and the Local Administration, including representatives from the local communities and Project Affected Persons (PAPs).

(ii) A Government Surveyor.

(iii) A representative from the Ministry of Agriculture (who would be vested with the responsibilities of assessing agricultural land and other assets); and/or Ministry of Lands, Survey, Housing and Urban Planning (for houses and other structures), as the case may be.

(iv) SPIU Coordinators and the Environmental and Social Specialists.

(v) A traditional chief or community leader.

The Terms of Reference (ToR), draft and final reports for each RAP/ARAP shall be prepared by the SPIU based on the approved Screening Report and subject to No-Objection by the Bank.

However, all Resettlement Action Plans (RAPs/ARAPs) shall be prepared by an independent, qualified consultants and/or NGOs, recruited by the SPIU and approved of by The World Bank before disclosure and implementation.



CHAPTER EIGHT

PREPARING AND APPROVING RESETTLEMENT AND COMPENSATION PLANS

8.1 Processes for Preparing Resettlement and Compensation Plans

Having stated earlier, the World Bank policy on Involuntary Resettlement OP/BP 4.12 is triggered

because RAMP 2 project will finance infrastructural development. It should be noted that massive involuntary displacement in RAMP 2 is not envisaged. Also RAMP 2 does not envisage that the project will lead to the acquisition of protected areas (PA) or community resource management areas. However, in the unlikely event that this happens the procedures offered by OP4.04 will be followed. However, the identification of these areas will be known during the project’s implementation. At that stage, the Bank’s policy calls for the preparation of individual Resettlement Plans that must be consistent with this RPF.

To address the impacts under the RAMP 2 project in accordance with this policy, resettlement and compensation plans must include measures to ensure that displaced persons are;

(a) duly informed about their options and rights relating to resettlement and compensation;

(b) extensively consulted on offered choices among, and provided with technically and economically feasible resettlement together with compensation alternatives;

(c) compensations are promptly provided and effective at full replacement cost for losses of assets and access, attributable to the project.

(d) restored but preferably, to improve upon their living standards and conditions prior to the projects commencement.

The first stage in the process of preparing the individual resettlement and compensation plans is the screening process in order to identify the land/areas that are causing this impact (i.e. resettlement). The resettlement and compensation plans will contain the analysis of alternative sites undertaken during the screening process.

8.1.1 Screening Process

The scoping and screening process will identify potential requirements for land acquisition or resettlement and the extent of “affected persons”. The screening will also determine whether such impacts can be avoided or minimized through design measures. These may include such measures as reducing the design standard at the contentious location (such as road narrowing) or leaving the contentious section as is, in agreement with the community and affected persons. If these impacts cannot be avoided through such measures, this RPF will be triggered.



8.1.2 Preparation of Resettlement Plans

If the roads in question are included in the Local Governments package, a stand-alone Resettlement Action Plan (RAP) will be prepared prior to commencement of project implementation. This Plan will be established in coordination with the Community(ies) and be carried out in parallel with the preparation of the Environmental and Social Management Plan (ESMP).

The processes for the resettlement plans will ensure that the affected persons are:

(i) informed about their options and rights pertaining to resettlement;

(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and

(iii) Provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the projects.

The two (2) types of Resettlement Plans are describedbelow:

(i) Abbreviated Resettlement Action Plan (ARAP); in cases where less than 200 PAPs will be physically relocated and where less than 10% of a project affected people’s productive assets will be lost;

(ii) Resettlement Action Plan (RAP); in cases where more than 200 individuals (PAPs) are displaced and where more than 10% of PAPs productive assets will be lost.

The Abbreviated Resettlement Action Plan (ARAP) will include the following minimum elements:

(i) summary of the census of displaced persons or assets; (ii) description of compensation and other resettlement assistance to be provided; (iii) consultations with displaced people about acceptable alternatives; (iv) institutional responsibility for implementation and procedures for grievance redress; (v) arrangements for monitoring and implementation; and

(vi) time table and budget.

Preparation of the full Resettlement Action Plan (see Appendix 1) will include the following two stages:

(i) Socio-economic study and census to assess the impacts; and

(ii) Preparation of full resettlement plan document.

The socio-economic study will be conducted by a qualified Social Scientist and Government Surveyor, in collaboration with the Resettlement Committee (RC), who will examine the nature of the impacts in the affected areas; the socio-economic and cultural settings, local organizational structures, and social risks, as well as the indicators that would ensure that the PAPs at minimum regain their former quality of life or are enabled to improve it. The socio-economic study will cover the following:



(i) the results of the census including current occupants of the affected areas to establish the baseline for eligibility criteria and to prevent subsequent inflows of people and claims;

(ii) description of the affected households, including information about livelihoods, production and labour systems, standards of living, analysis of the legal rights, informal entitlements and any other issues of potential conflict;

(iii) statement of the magnitude of the expected loss (total or partial) of assets and the extent of physical or economic displacement;

(iv) information about especially poor or vulnerable groups for whom special provisions should be designed; and

(v) provisions to update information about displacement, livelihoods and standards of living before, during and after displacement.

The full Resettlement Action Plan (RAP) will include the following minimum elements:

(i) project description

(ii) potential impacts of the project

(iii) objectives of the resettlement plan

(iv) results of the socio-economic studies

(v) legal and institutional framework

(vi) eligibility

(vii) valuation of and compensation for losses

(viii) resettlement measures

(ix) site selection, site preparation and relocation

(x) housing infrastructure and social services

(xi) environmental protection and management

(xii) community participation

(xiii) integration with host populations

(xiv) grievance procedures

(xv) organizational responsibilities

(xvi) project implementation schedule

(xvii) costs and budget

(xviii) monitoring and evaluation



CHAPTER NINE

ARRANGEMENTS FOR COMPENSATION

9.1 Arrangements for Compensation

Like the earlier RAMP 2 States, the Government of Imo State shall fund resettlement matters. The State Project Co-ordinator (SPC) will be responsible for ensuring the prompt provision and efficient flow of the budgeted funds for resettlement to the various sub-projects. Assisted by the PRC, the SPC will ensure that land acquisition and compensation are adequately funded and carried out in accordance with applicable rules as presented in this framework.

Also, appropriate safeguards will be developed by utilizing gender-disaggregated socio-economic information from the census surveys in order to ensure that men and women are compensated equally (i.e., that cash payments to households are made jointly, entitlements to land and other in kind compensation are provided equally, etc.).

The resettlement budget and financing will cover funds for compensation of private property, community infrastructure replacement and improvement, assistance to top-up compensation, training and the management of resettlement expenses, including those for the PMU and other stakeholders for external monitoring.

The compensation process, which will involve several steps, would be in accordance with the individual project resettlement and compensation plans, significantly;

9.1.1 Public Participation with the PAPs: would initiate the compensation process as part of an ongoing process that would have started at the screening stage and at the time the socio-economic assessment is being carried out. This would ensure that no affected individual/household is simply “notified” one day that they are affected in this way. Instead, this process seeks their involvement and wishes to involve PAPs and the communities in a participatory approach with the project. The preparation of the Resettlement Action Plan, including such activities as census of affected persons, socio-economic study and the terms of land donation and in-kind structure replacement, will be carried out in close collaboration with the local chiefs.

The draft Resettlement Action Plan (RAP) will be transmitted to the Resettlement Committee (RC) for validation and approval. Upon validation and approval of the draft resettlement plan, the SPIU will transmit the draft and final Resettlement Action Plans (RAPs) with their proposals and recommendations to the World Bank for review and approval.

9.1.2 Documentation of holdings and assets: township/municipal and states government officials to arrange meetings with affected individuals and/or households to discuss the



compensation process. For each individual or household affected, the project officials completes a compensation dossier containing necessary personal information on, the affected party and those that s/he claims as household members, total land holdings, inventory of assets affected, and information for monitoring their future situation. This information is confirmed and witnessed by the States Ministry of Lands, Survey, Housing and Urban Planning and State Environmental Protection Agencies (SEPAs) and community officials. Records will be kept current and will include documentation of lands surrendered. This is necessary because it is one way in which an individual can be monitored over time. All claims and assets will be documented in writing.

9.1.3 Agreement on Compensation and Preparation of Contracts:

all types of compensation are to be clearly explained to the individual or household involved. The SPIUs will draw up contracts listing all property and/or land being surrendered, and the types of compensation (cash and/or in-kind). A person selecting in-kind compensation has an order form,

which is signed and witnessed. The compensation contract and the grievance redress mechanisms are read aloud in the presence of the PAPs and the Representatives of the State environmental protection agency, the local government chairman (or his/her Representative(, the project officials and other community leaders prior to the signing.

However, the PAPs may negotiate with the Resettlement Committee (RC) on time frames and terms of payment, but no civil work will commence until the PAPs have been fully compensated or resettled.

9.1.4 Compensation Payments: all handing over of property such as land and buildings and compensation payments will be made in the presence of the affected party, representatives of the State Ministry of Lands, Survey, Housing and Urban Planning, Environmental Protection Agencies (SEPAs)/Ministries of Environment (MEnv) and the community officials.

9.2 Payments of Compensation to Communities

Community compensation will be in-kind only for a community as a whole in the form of reconstruction of the facility to at least the same standard or equivalent better standard to that being built by the project on the area to serve the same function. Examples of community compensation include;

Public buildings (social or religious)

Public toilets

Well or pump

Market place

Roads

Storage warehouse



Community compensation may in itself require land take and people may be affected, thus a change of impacts which will be compensated for.

9.3 Description of the Implementation Process

The Social Specialists (who will also be responsible for social concerns) attached to the SPIUs will be responsible for the implementation of the RPF in close collaboration with Imo State Ministry of Environment, Ministry of Lands, Survey, Housing and Urban Planning and the Environmental Transformation Committee of Imo State (ENTRACO).

Before implementation of an project activity that will result in displacement,, PAPs will need to be compensated in accordance with the resettlement policy framework and subsequent RAP. For activities involving land acquisition or loss, denial or restriction to access, it is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, the taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the individual resettlement plan of action.

The measures to ensure compliance with this policy directive would be included in the resettlement plans that would be prepared for each land involving resettlement or compensation.

Prior to the preparation of the RAPs by the SPIUs, the Imo State Ministry of Lands, Survey, Housing and Urban Planning, MEnv, SEPAs or ENTRACO, part of the screening process that would be used to approve recommended sites, would be to confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works in compliance with this policy. The timing mechanism of these measures would ensure that no individual or affected household would be displaced due to civil works activity before compensation is paid. Once the resettlement plan is approved by the SPIUs, MEnv, SEPAs, the resettlement plan should be sent to the World Bank for final review and approval.

9.4 Resettlement, Cost Estimates and Contingencies

The estimate of the overall cost of resettlement and compensation would be determined during the socio-economic study. There will be provision in the project to finance the resettlement concerns as and when they arise during project implementation.

At this stage, it is not possible to determine the exact number of PAPs who may be affected since the technical details/designs have not yet been developed and land needs have not yet been identified. However, an estimated budget for Imo RAMP implementation is presented below based on the experiences in the previous RAMP 2 states.. When these locations are known, and after the conclusion of the site specific socio-economic study, information on specific impacts,



individual and household incomes and numbers of affected people and other demographic data are available, thus facilitating the preparation of a detailed and accurate budget for resettlement and compensation.

The SPIU will prepare the resettlement budget and finance this budget consistent with the project’s administrative and financial management rules and manuals like any other activity eligible for payment under the project. This budget will be subject to the approval of the World Bank.

9.5 Appraisal of RAMP 2 Project States The appraisal of the environmental and social compliance of RAMP 2 implementation in the earlier states viz, Adamawa, Enugu, Osun and Niger provides the veritable platform for the enhancements of sound practices. The mid-term report of October 2016 for RAMP 2 States however showed that monitoring arrangements for safeguard policy has already been established. Worthy to mention is that only Enugu State is yet to commence the implementation of the ESMPs and the ARAPs since the rural roads and river crossing contracts have not been signed and the supervision consultants are also yet to be engaged. The Draft Environmental and Social Management Plans (ESMP) and Abbreviated Resettlement Action Plans (ARAP) for Adamawa State, Osun and Niger were reviewed and disclosed by the Bank. Also the Grievance Redress/Resettlement Committees set-up in the states are working perfectly to resolve possible grievances. The sum of N5, 426, 090.00 and ₦ 4,928,450.00 have so far been paid as compensation to PAPs in Adamawa state and Niger States. It should be noted that project implementation across the states are still on-going and the completion dates ranges from 2017 to 2019. However, capacity building of both technical and administrative staff was recommended for the participating states, thus this will provide a good lesson for Imo State. 9.6 Indicative Budget to for the Implementation of RPF for Imo RAMP 2

The indicative budget for the implementation of capacity building and publicity for the RPF implementation in Imo State is presented in the table below.

Table 9.1: Indicative Budget for Capacity Building and Publicity for RPF Implementation in Imo State

S/No Activity Description Item Cost (N : K)

1. Media Coverage Advertisements in both print and electronic media

Local radio and TV including newspaper

3,450,000.00

2. Capacity Building MEnv/SEPA Seminar

450,000.00

NGOs, CBOS, Consultants Workshop 2,500,000.00

Ministry of Agriculture Workshop 2,200,000.00



S/No Activity Description Item Cost (N : K)

1. Media Coverage Advertisements in both print and electronic media

Local radio and TV including newspaper

3,450,000.00

3. Logistics MEnv/SEPA Logistics 3,350,000.00

Other MDAs Logistics 2,500,000.00

Total N14,450,000.00

Fourteen Million, Four Hundred and Fifty Thousand Naira Only.



9.7 Estimated Budget for RAP Implementation in Imo RAMP 2

Based on the experiences of other previous RAMP 2 states (Adamawa, Niger, Enugu and Osun), the estimated budget for the implementation of RAP in Imo State is presented below.

It covers resettlement activities such as, the preparation of the resettlement/compensation action plan, relocation and transfer of PAPs, income and livelihood restoration plan, and other administrative costs.

Table 9.2: Estimated Budget for RAP Implementation in Imo RAMP 2

S/No. Description Cost (N : K)

Preparatory Phase

1. Enumeration of PAPs, assets and livelihoods 4,500,000.00

2. Professional fees for Valuation Expert 3,500,000.00

3. Preparation of Resettlement Action Plans (RAPs) 18,000,000.00

A. Cost of Compensation

4. Compensation for the destruction of crops and farms 3,500,000.00

5. Compensation for temporary land acquisition 2,300,000.00

6. Compensation for permanent land acquisition 4,500,000.00

7. Compensation for temporary moveable structures 1,200,000.00

C: Livelihood Restoration /Mitigation Measures

8. Compensation for farmers loss of income 2,100,000.00

9. Compensation for business persons loss of income 2,500,000.00

10. Assistance to vulnerable persons 1,500,000.00

B. Cost of Implementation and Capacity Building

11. Capacity building for stakeholders 450,000.00

12. Grievance Redress and M & E 2,500,000.00

13. Legal fees (in case of legal dispute) 2,400,000.00

Sub-total 48,950,000.00

10% Contingency Fee 4,895,000.00

Total 53,845, 000.00

Fifty Three Million, Eight Hundred and Fourty Five Thousand Naira Only.



CHAPTER TEN GRIEVANCE REDRESS MECHANISM

10.0 Introduction

Basically, grievance redress mechanism provides PAPs the opportunity to make complains or resolve any dispute as a result of projects implementation and also determine the entitlement of compensation.

The redress mechanism is increasingly important for development projects where on-going risks or adverse impacts are anticipated. For RAMP 2, grievances are likely to arise due to the following reasons:

failure to register PAP or identity of individual is disputed; losses not identified correctly; inadequate assistance or not as per entitlement matrix; dispute about ownership; delay in disbursement of assistance; and Improper distribution of assistance

To manage these social risks and others which cannot be foreseen now with a view to ensuring successful project development and implementation, experience has revealed that open dialogue and collaborative grievance resolution represent the best practice.

10.1 Grievance Redress Mechanisms

Grievance redress mechanism is an important aspect in projects involving land acquisition or displacement. The redressing of grievances is important in order to avoid unnecessary legal delays and cost over-run of the project. Also, it will provide the required platform for people to express their dissatisfaction over compensation and R&R provisions.

A pro-active Resettlement Implementation Committee (RIC) shall be constituted within the PMU to monitor and review the progress of implementation of the scheme or plan of rehabilitation and resettlement of the affected PAPs and to also carry out post implementation social audits.

The main functions of the Committee are spelt out below:

publicize within the list of affected persons and the functioning of the grievance redressal procedure established;

evaluate grievances from affected persons on how the impact of the project with respect to the entitlement policy;



recommend to the Social Officers, PIUs as the case may be, solutions to such grievances from affected persons;

communicate the decisions to the Claimants;

hear appeals from persons, households or groups who, may not have been captured as PAPs and believes that they are qualified to be recognized as affected persons and also to recommend to the PIUs whether such persons should be recognized as affected persons, and to communicate the decision of the PIU in that regard to the Claimants;

ensure that all notices, forms, and other documentation required by Claimants are made available in Local languages understood by people.

10.1.1 Grievance Redress Process

At the time that the individual resettlement plans are approved and individual compensation contracts are signed, affected individuals and communities will have been informed of the process for expressing dissatisfaction and to seek redress. The grievance procedure will be simple and administered as far as possible at the local levels to facilitate access, flexibility and ensure transparency. All the grievances will be channeled via the Resettlement and Compensation Committee for each sub project at the sector level.

There is no ideal model or one-size-fits-all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, local customs and project conditions and scale.

The steps for the grievance process include the following;

Collection and registration of complains Screening and assessment of complains Evaluation and formulation of responses to complains Authentication of the redress action Implementation of redress approach Settlement of issues Continuous tracking and evaluation of results Provision of alternatives to grievance response in the case of dissatisfaction Learn from the experience and communicate back to all parties involved.

10.1.2 Expectations During Grievances

Whenever grievances occur, the SPIU will establish a register they generally expect to receive one or more of the following: acknowledgement of their problem, an honest response to questions/issues brought forward, an apology, adequate compensation, modification of the conduct that caused the grievance and some other fair remedies.



In voicing their concerns, they also expect to be heard and taken seriously. Therefore, the company, contractors, or government officials must convince the people that they can voice grievances and work to resolve them without retaliation.

Therefore, to address these challenges, companies are being called upon to lead and work with their host communities to fund non-judicial, dialogue-based approaches for preventing and addressing community grievances.

The process flowchart for the grievance mechanism is presented in figure 10.1, suffice to also mention that the overall process of grievance shall take the following enumerated ways:

At the initial stages of the valuation process, all the PAPs are given copies of grievance procedures as a guide on how to handle their grievances

The process of grievance redress will start with registration of the grievances to be addressed for reference, and to enable progress updates of the cases. An example of a grievance redresses form in provided in Annex 5.

The grievance mechanism will adopt a local mechanism, which includes peers and local leaders of the affected people. These will ensure equity across cases; they eliminate nuisance claims and satisfy legitimate claimants at low cost

The response time will depend on the issue to be addressed but it should be addressed with efficiency. Nevertheless, grievance form will be filled by person affected by the project with the Grievance Redress Committee which will act on it within 10 working days on receipt. If no understanding or amicable solution is reached, or the affected person does not receive a response from the local Rehabilitation and Resettlement Committee within 15 working days, the affected person can appeal to a designated office in the PMU, which should act on the complaint/grievance within 15 working days of its filing.

Compensation will be paid to individual PAPs only after a written consent of the PAPs, including both husband and wife.

All reasonable moves must be made to settle any arising grievance amicably. If affected person is not satisfied with the decision received, he/she can, as a last resort, appeal to a court of competent jurisdiction. Affected persons will be exempted from all administrative and legal fees incurred pursuant to grievance redress procedures.

For RAMP 2 projects, it is recognized that the formal legal mechanisms for grievance redress tend to be lengthy and acrimonious procedures, and thus an informal grievance redress mechanism through the PMU Safeguard Units will be established. This unit will work with a committee comprising administrative head of local governments; community/village chiefs, NGOs/CBOs and other relevant Government organs that will be set-up to address complaints. The grievance redress mechanisms is designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which would otherwise take a considerably longer time.



For this reason, handling grievances will begin with the Local Government. A grievance log will be established by the project and copies of the records kept with all the relevant authorities. In addition, where displacement is unavoidable and displaced people are dissatisfied with the compensation and rehabilitation, The State Agencies will establish an informal forum for the presentation and consideration of individual complaints. The informal forum will include local government, and other concerned responsible parties, as deemed appropriate them.

The existence, location, purpose and composition of this forum will be publicized, so that displaced persons are knowledgeable about the availability of this forum for resolving any grievance. If a grievance cannot be resolved in these informal venues, the complainant may take recourse to the administrative and legal systems for satisfaction.

10.1.3 Management of Reported Grievances

The procedure for managing grievances should be as follows:

The affected persons should file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing to the sub-project Resettlement and Compensation Committee (RCC). Though this committee does not currently exist, but is being proposed as part of the RPF implementation arrangements. The grievance note should be signed and dated by all the aggrieved persons. A selected member of the Committee will act as the Project Liaison Officer who will be the direct liaison with PAPs (this should be the Social representative) in collaboration with an independent agency/NGO person ensure to objectivity in the grievance process. Where the affected person is unable to write, the local Project Liaison Officer will write the note on the aggrieved person’s behalf.

Any informal grievances will also be documented. 10.1.4 Grievance Log

The Project Liaison Officer will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. A sample of a Grievance mechanism Form is included in Appendix 8. The log also contains a record of the person responsible for an individual complaint, and records dates for the following events:

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 appropriate)

the date the complaint was closed out

date response was sent to complainant.



10.1.5 Monitoring Complaints

The responsibilities of the Project Liaison Officer are:

provide the sub-project Resettlement and Compensation Committee with a weekly and monthly reports detailing the number and status of complaints any outstanding issues to be addressed

Provide analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action.

Figure 10.1: Flowchart for Grievance Mechanism (Adapted from NEWMAP, 2011)



CHAPTER ELEVEN STAKEHOLDERS’ CONSULTATIONS AND PARTICIPATION

11.0 Introduction

Public consultation and participation are essential because they afford PAP’s the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts. The more direct involvement of the local level people in the planning and management processes, is the more ‘chance’ of the resource use and protection problems being solved as well as the more the chance of development opportunities occurring in a balanced way and to the broad benefit of all communities in the project.

Meanwhile, it makes sense in this RPF to understand two concepts, consultation and communication that are frequently confused with each other. Consultation with affected populations and other stakeholders is basically a two-way process in which the ideas and concerns of stakeholders and the subproject designers are shared and considered. Communication involves dissemination of information from the subproject proponents to the concerned public. These concepts should be kept separate.

11.1 Mechanism for Consultation and Participation of Displaced Persons

The public participation strategy for the RAMP 2 will evolve around the provision of a full opportunity for involvement for all stakeholders, especially the PAPs. Therefore, as a matter of strategy, public consultation will be an on-going activity taking place throughout the entire project cycle.

The consultation process shall ensure that all those identified as stakeholders are consulted. Subject to PMU’s approval, information about the project will be shared with the public, to enable meaningful contribution, and enhance the success of RAMP 2.

There are different approaches that could be used for communication and consultations, some of which are; meetings with relevant stakeholders, Focus Group Discussions (FGDs) administration of well structured questionnaires/application forms, public readings and explanations of project ideas and requirements making public documents available at the national, local and community levels at suitable locations like the official residences/offices of local elders, announcement in various media (electronics, print, and online), advertisements in whether print or electronics would be done in more than one media source, preferably all local papers, notice boards near project site, posters located in strategic locations and many public places frequented by community and radio and local television stations. Also, Short Message Services (sms) through the GSM telephones would be used including bulk message platforms.



However, any medium to be used must take into cognizance the educational or literate levels together with the language(s) of dissemination. Thus, research has shown that using the best medium and the correct means of expression (language) would ensure effective communication.

As a matter of fact, the PMUs should approach the relevant public engagement/enlightenment agencies such as the Ministries of Information, National Orientation Agency (NOA) and information office of the local governments. In other words, for effective consultation, the PMUs should hold specific events (preferably community-level meetings) at which affected people will feel comfortable expressing their views. Such events should be carefully documented and the minutes of these meetings together with attendance lists should be included with the RAP to demonstrate that consultation has taken place. Generally, the PMUs are not required to accept every suggestion or demand made, but they should take each reasonable suggestion into account as a matter of good faith.

11.2 RAMP 2 Public Consultation for RPF Preparation and Outcomes

Public consultation and participation are essential because they afford PAP’s the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts. The more direct involvement of the local level people in the planning and management processes, is the more ‘chance’ of the resource use and protection problems being solved as well as the more the chance of development opportunities occurring in a balanced way and to the broad benefit of all communities in the project.

Meanwhile, it makes sense in this RPF to understand two concepts, consultation and communication that are frequently confused with each other. Consultation with affected populations and other stakeholders is basically a two-way process in which the ideas and concerns of stakeholders and the subproject designers are shared and considered.

The major outcome of the various consultations is summarized below while further details on the consultations and those consulted are provided in Annex 9:

Excavation and construction are major causes of erosion

In determining and designing of the sub-projects as envisaged under RAMP 2 an inclusion of the relevant stakeholders’ and beneficiaries’ opinions of the project is essential.

For Sustainability, the RAMP 2 PMU should run without interference from State Governments in the day –to-day running of the affairs and sustainability may not be guaranteed if successive government does not favour the project.

Objective criteria must be used in selecting priority sites

Land is very important to the people as such will support the project in gaining back land that is useable which had been taken over by erosion earlier.



In the course of civil works members of the host community be given priority to assist main contractors and communities themselves should be allowed to monitor the adequacy (quality) of works in the RAMP 2 project in their domain.

Ensure use of competent and qualified contractors, especially in the construction works at the various sites.

There is need for transparency in the contract award and project execution in order to avoid incompetence in the various measures for RAMP 2.

Though resettlement and compensation issues are noted in the development work of our various governments, it is not as comprehensive like the resettlement policy framework of the World Bank and as such the Government must be made to adhere to that of the World Bank, otherwise compensation may not get to PAPs.

Past experience shows that compensation, if any, is late in coming after construction/development is carried out or it does not even come at all.

Any irregularity in the compensation system such as disfranchisement or denial of rights and elite capture would likely cause conflict.

PAPs should be compensated before work starts at the various sites

Proper understanding of roles between MDAs in the entire management of the project is necessary. There is need for line ministries in the States to interface in their responsibilities to achieve good performance for the project.

Amongst the States, there seem to be a good arrangement in place for dealing with land acquisition, which include a system of land acquisition. However, while some of the States have more considerable experience in resettlement issues especially as it concerns consultation with potential PAPs, others, do not seem to have.

There is need for capacity/awareness within the relevant institutions of Bank resettlement issues, the extent to which this interfaces with the existing States’ procedures and the system of property valuation as well as the ability to facilitate the application of or compliance with the RPF;

Public consultation initiated during the RPF preparation will continue during the preparation of the following: socio-economic study, resettlement and compensation plan and drafting and reading of the compensation contract.

Through these, the PMU would be able to:

clarify the project's objectives in terms of stakeholders’ needs and concerns;

identify feasible alternatives (in particular alternative locations) and examine their relative merits in terms of environmental, social and economic factors;

identify and priorities’ environmental and resettlement issues and establish the scope of future studies;



identify processes for continued stakeholders’ involvement.

11.3 RAMP 2 States Commonalties and Differences

Generally, the States have good governance framework and laws to back up and manage the social safeguard issues that would emanate as a result of the RAMP 2 projects.

Interactions with the stakeholders revealed that the respondents have general knowledge of legal instruments on resettlement issues with respect to Nigerian Land Use Act but surprisingly, there exists wide gaps amongst the stakeholders on the understanding of OP/BP 4.12. Also, the capacity to perform resettlement and compensation functions is inadequate. For instance, the Imo PMU does not have any in-house Safeguard Specialist while the capacity of the External Safeguards Specialist would be overstretched during implementation of projects.

While some of the States have more considerable experience in resettlement issues, especially as it concerns consultation with potential PAPs, land acquisition, etc., others, do not seem to have.

Generally, there seem to be a good arrangement in place for dealing with land acquisition, which include a system of land acquisition, namely; land Bank and when a parcel of land is to be acquired, it is done in excess so that future needs are accounted for in the area.

Whatever the shortcomings with regard to ability to implement resettlement issues in the various states, this RPF and subsequent RAPs/ARAPs has given adequate attention on the various aspects of ensuring sustainability and effective implementation of the project. This will be strengthened as the planning stages develop and when the potential land areas are being considered and implementation instituted.

The acquisition process by Governments essentially includes:

Description of parcel of land to be obtained and is excised; This is published in the local newspapers, posters and other media together with

organizing stakeholders fora with a view to notifying the owners of the land area and other relevant stakeholders;

Engagement of the landowners; Valuation of the development on the land (Compensation is made for the development on

the land and not the land); Compensation is made usually in the event of land take for any development; Usually the governments encourage squatters on the land that is acquired and they are

given Temporary Occupier License on the land banks.

11.4 Opportunities for Reform During Projects

The RAMP 2 provides opportunities for reforms in a number of issues, such as:

1. Understanding best practice in involuntary resettlement & compensation management issues;



2. Building of capacity/awareness within the relevant institutions of the RPF, the extent to which this interfaces with the existing States’ procedures and the system of property valuation as well as the ability to facilitate the application of or compliance with the RPF needs to be strengthened;

3. When constraints emerged during implementation, the project should support a legal review of common land resource management, and/or help to develop a new memorandum of understanding signed between the communities and land Ministries/Agencies (for example, forestry and local authority) that set out guidelines for management and benefit sharing;

4. Revise and adopt in the light of current realities the compensation to be paid for loss of crops and trees based on replacement values and cover a cash value of the loss estimated until the new crop or tree comes to maturity. Officials of the Ministries of Agriculture, Forestry and Natural Resources will establish the compensation rates.

11.5 Identifying Stakeholders

Stakeholders for the purpose of this project shall be defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes those that are positively and negatively affected by the project. Table 11.1 outlines the key stakeholders identified at present, in the course of preparing this RPF.

Table 11.1: PAPs Identification Matrix Who? How to identify them People living in the vicinity of the proposed works.

Identify the local government area(s) that falls within 1 km radius of the proposed sites.

Review available data to determine the stakeholder profile of the whole stakeholder or relevant group.

Use identified groups and individuals to tap into stakeholder networks to identify others.

Special interest groups. Identify key individuals or groups through organised groups, local clubs, community halls and religious places.

Organisations such as environmental groups would be aware of similar local groups or individuals.

Individual people who own properties that will be directly or indirectly affected.

Advertise in local newspapers, telling people that they may be affected and asking them to register interest in attending meetings or receiving further information.

Business (owners and employees)

Council lists or property registers.



CHAPTER TWELVE

MONITORING AND EVALUATION (M & E)

12.1 Monitoring Plan Procedure

The arrangements for monitoring would fit the overall monitoring plan of the RAMP 2, which would be through the SPIUs Enugu, Osun, Adamawa, Niger and Imo State.

RAMP 2 will institute an administrative reporting system that:

(a) alerts project authorities to the necessity for land acquisition in a particular feeder/rural road sub project;

(b) provides timely information about the valuation and negotiation process;

(c) reports any grievances that require resolution; and,

(d) document timely completion of project resettlement obligations ( i.e. payment of the agreed-upon sums, construction of new structures, etc.) for all permanent and temporary loses, as well as unanticipated, additional construction damage.

The Environmental/Social Specialists of the SPIUs will prepare a long term monitoring strategies that will encompass clear and definitive criteria and parameters to be monitored for each specific rural road and in each LGAs. The monitoring plan will take into consideration the scope of development, environmental and social sensitivities including the available financial and technical requirements for monitoring. The plan will identify and describe the indicators to be used, the frequency of monitoring and the standard (baseline) against which the indicators will be measured for compliance with the ESMP.

Monthly monitoring plans will be prepared by the SPIUs while quarterly and annual reports will be submitted to Ministry of Lands, Survey, Housing and Urban Planning, MEnv, SEPAs and to other MDAs. All monitoring components will be subject to audit, internally by the SPIUs and externally by MEnv and SEPAs. Each monitoring programme will follow the established schedule; monitoring may be performed daily, weekly, quarterly, semi-annually, annually, biennially, or continuously, depending upon the resource, regulatory requirements for regulatory monitoring, and the project-specific requirements for other monitoring. Monitoring results will be compiled when due and communicated to MEnv, SEPAs including ENTRACO as appropriate.

The SPIUs, Ministry of Lands, Surveying, Housing and Urban Planning, MEnv and SEPAs will be responsible for overall monitoring of the implementation of this RPF. This will include:

(i) Monitoring of Project Screening, through visual verification of potential resettlement situations;

(ii) Monitoring of Resettlement Action Plan Preparation: monitoring of Consultant activities and reports and verifying the validity of all community-based agreements;



(iii) Establishment of Project Monitoring Files: for each Resettlement Action Plan (Abbreviated or full), SPIUs/MEnv, Imo State Ministry of Lands, Survey, Housing and Urban Planning, and SEPAs will establish file appropriate for implementation monitoring. This will include at a minimum:

The Resettlement Action Plan

The mutually signed community – based agreement, which includes a list of each affected person or household and the agreed terms of either land donation and/or structure replacement.

The agreed timetable for delivery of any structure replacement.

(iv) Monitoring of Resettlement Action Plan Implementation: Monitoring of Abbreviated or full Resettlement Plans will involve:

Disbursement of cash compensation

Implementation of in-kind compensation

Implementation of assistance

Following its exercise of prior review, the World Bank will monitor the implementation of road specific Resettlement Action Plans. The Bank will also carry out targeted and spot review of specific social cases and resettlement action plans, as part of regular supervision, or separate missions.

12.2 Evaluation

Consistent with the Environmental and Social Management Framework (ESMF), the Environmental/Social Specialists in the SPIUs and his/her counterpart in the MEnv & ENTRACO would be responsible for periodically transferring the information compiled at the local government level to the SPIU so that it is alerted in a timely manner to any difficulties arising at the local level.

The objective will be to make a final evaluation in order to determine;

(i) if affected people have been paid in full and before the commencement of civil works,

(ii) if the people who were affected by the project have been affected in such a way that they are now living a higher standard than before, living at the same standard as before, or they are they are actually poorer than before.

The resettlement and compensation action plans will contain indicators and benchmarks for achievement of the objectives under the resettlement program. These indicators and benchmarks should be of three kinds:

Process indicators, indicating project inputs, expenditures, staff deployment, etc

output indicators, indicating results in terms of numbers of affected people compensated and resettled, training held, credit disbursed, etc.



impact indicators, related to the longer term effect of the project on people’s lives.

The benchmarks and indicators should be limited in number, and combined quantitative and qualitative types of data. The first two types of indicators, related to process and immediate outputs and results, will be monitored internally by the project. This information will serve to inform project management about progress and results, and to adjust the work program where necessary if delays or problems arise. The results of this monitoring will be summarized in reports, which will be submitted to authorities and the World Bank on a regular basis.

Each time land is used or acquired by the SPIUs, the records will be updated to determine if the individual or household is being affected to the point of economic non-viability and eligibility for compensation/resettlement or its alternatives. These dossiers will provide the foundation for monitoring and evaluation, as well as documentation of compensation agreed to, received, and signed for.

It is normal that some compensation procedures and rates may require revision at some time during the project cycle. The LGAs, the SPIU, Ministry of Lands, Survey, Housing and Urban Planning, MEnv and ENTRACO will implement changes through the Change Management Process in the Monitoring and Evaluation (M&E) manuals of the project, which will require feedback from:

Indicators monitored by the local governments, to determine whether goals are being met; and

a grievance procedure for the local community to express dissatisfaction about implementation of compensation and resettlement.

This framework is suggesting that Ministry of Lands, Survey, Housing and Urban Planning, MEnv, SEPAs and ENTRACO are structured into the whole M&E component of the project in Enugu, Osun, Adamawa, Niger and Imo States. This would take the form of giving the MDAs and the SPIUs the mandate to carry out independent monitoring of the implementation plans at periodic intervals of quarterly or half yearly (as circumstances dictate) during the project life. Their joint report will become part of the official documents of the project.



BIBLIOGRAPHY

African Institute of Applied Economics. (2007).BECANS Business Environment Report. Vol.1 No.3.

Darghouth S., Ward C., Gambarelli G., Styger E., and Roux J. (2008): Watershed Management Approaches, Policies, and Operations: Lessons for Scaling Up, Water Sector Board discussion Paper Series Paper No. 11, The International Bank for Reconstruction and Development/The World Bank

Earthguards Limited: Sustainable Development Consultants. (2008). Resettlement Policy Framework (RPF) for Rural Access and Mobility Project in Enugu and Osun states

ERML (1997): Environmental and Socioeconomic Characteristics of the Niger Delta.

Federal Republic of Nigeria, Federal Ministry of Commerce and Industry (2010): Resettlement Policy Frame Work for Growth and Enterprises and Markets in States (GEMS) Project, Prepared by Earth Guard, March

Federal Republic of Nigeria Infrastructure Concession Regulatory Commission (ICRC) (2009): Resettlement Policy Framework (RPF) for Nigeria Public Private Partnership (PPP) Project, prepared by ERML, December

Federal Ministry of Works (2013); “Compendium Report on Road Infrastructure & Related Development in Nigeria – An Investor’s Manual”, Pison Housing Company.

Government of India, Ministry of Urban Development (2008): Environment and Social Management Framework for Global Environment Facility Sustainable Urban Transport Project, September.

Imo RAMP 2 (2016); “Identification, Selection and Prioritization of Intervention Areas and Rural Road Networks (final report)”. Pheman Peniel Consultant, Ikeja-Lagos.

Obi Igbokwe, O. (2012). 12 Steps - Transportation: Reforming Road Transport in Nigeria. http://newnigerian.blogspot.com/2009/01/12-steps-transportation-reforming-

road.html

OKEIBUNOR, Joseph C. (2012); Resettlement Policy Framework (RPF) for Rural Access and Mobility Project in Adamawa and Niger States.

INDIA Governments of India States of Tamil Nadu & Pondicherry (2005): Environmental and Social Management Framework for Emergency Tsunami Reconstruction Project, April

ITUA, E.O. (2011). Resettlement Policy Framework (RPF) for the Nigeria Erosion and Watershed Management Project. Federal Ministry of Environment, Nigeria

Joshi PK, Vasudha Pangare, Shiferaw B, Wani SP, Bouma J and Scott C. 2004. Socioeconomic and policy research on watershed management in India: Synthesis of past experiences and needs for



future research. Global Theme on Agroecosystems Report no. 7. Patancheru 502 324, Andhra Pradesh, India: International Crops Research Institute for the Semi-Arid Tropics. 88 pp.

Kraxberger B. Transportation and the Movement of People in Nigeria: Some tentative notes. (ND). Nigerian Background Information

Lagos State Government Lagos Metropolitan Area Transport Authority (LAMATA) (2009): Environmental and Social Management Framework (ESMF) Towards The Preparation For LUTP II, Prepared by Multiple Development Services, June.

Lagos State Government (2005): Resettlement Policy Framework for Lagos Metropolitan Development Project (LMDP) prepared by EnvironQuest, May

National Disaster Management Authority (2009): Environment and Social Management Framework for The National Cyclone Risk Management Project, March

The Government of Rwanda, Ministry of Agriculture and Animal Resources (MINAGRI) (2009): Resettlement Policy Framework for Land Husbandry, Water Harvesting and Hillside Irrigation (LWH) Project, Prepared by Green & Clean Solutions Ltd, July

The World Bank (2010): Resettlement Policy Framework for State Expenditure Effectiveness for Opportunities and Results (SEEFOR) for Niger Delta States (Bayelsa, Delta, Edo and Rivers) Prepared by Eugene O. Itua



APPENDICES



Annex 1: Indicative RAMP 2 Resettlement Screening Form (Adapted from NEWMAP)

Annex 1a: RAMP 2 Resettlement Screening Form

Sub-project name

Sub-project Location (Include Map/sketch)

- Type of Activity (Structural land management measures and civil works - New construction, Rehabilitation or Periodic Maintenance and/or Vegetative land management measures - afforestation, agroforestry, grassing, bunds, live check dams, no tillage, buffer strips, etc).

Estimated Cost

Proposed Date of Commencement of work

Technical Drawing/specifications

Reviewed

(Circle answer) Yes No

This report is to be kept short and concise.

1. Site Selection:

When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse social effects, and that more substantial social planning may be required to adequately avoid, mitigate or manage potential effects.

Issues Site Sensitivity Rating

Low(L) Medium(M) High(H) L, M, H

Involuntary

resettlement

Low population

density; dispersed

population; legal tenure is well-defined.

Medium population

density; mixed

ownership and land tenure.

High

population

density; major

towns and villages;

low income

families

and/or illegal

ownership of



land; communal

Properties

Cultural property

No known or suspected cultural heritage sites

Suspected cultural heritage sites; known heritage sites in broader area of influence

Known heritage sites in project area

Natural hazards vulnerability, floods, soil stability/ erosion

Flat terrain; no potential stability/erosion problems; no known flood risks

Medium slopes; some erosion potential; medium risks from flood

Hilly/mountainous terrain; steep slopes; unstable soils; high erosion potential; flood risks

Natural habitats No natural habitats present of any kind

No critical natural habitats; other natural habitats occur

Critical natural habitats present

Land for grazing No herders in project area.

No impact on herders

Hilly/mountainous terrain; steep slopes; unstable soils; high erosion potential; flood risks

Checklist questions:

Physical data Yes/No answers and bullet lists preferred except where descriptive detail is essential.

Extension of or changes to existing alignment

Any existing property to transfer to sub-project

Any plans for new construction

Refer to project application for this information.

Land and resettlement: Yes/No answers and bullet lists preferred except where descriptive detail is essential.



Require that land (public or private) be acquired (temporarily or permanently) for its development?

Use land that is currently occupied or regularly used for productive purposes (e.g. gardening, farming, pasture, fishing locations, forests)

Displace individuals, families or businesses?

Result in the temporary or permanent loss of crops, fruit trees or household infrastructure such as granaries, outside toilets and kitchens?

Impact assets?

Negatively impact livelihood and/or standard of living?

Result in the involuntary restriction of access by people to legally designated parks and protected areas?

What level or type of compensation is planned?

Who will monitor actual payments?

(It the answer to any of the questions is “Yes”, please consult the NEWMAP Resettlement Policy Framework and, if needed, prepare a Resettlement Action Plan (RAP).

Actions:

List outstanding actions to be cleared before sub-project appraisal.

Approval/rejection Yes/No answers and bullet lists preferred except where descriptive detail is essential.

Recommendations:

Requires a RAP to be submitted on date: _________________________________

Does not require further studies

Reviewer: _____________________________________________________________

Name: ________________________________________________________________

Signature: _____________________________________________________________

Date: _________________________________________________________________



Annex 1b: Socio-Economic Census and Land Asset Inventory Form Socio-economic Household Datasheet of PAPs

Name of Interviewer ID Code

Signature

Name of Supervisor ID Code

after verification of interview

Date: …………………………………… Day Month Year

Name of Head of Extended Family Number of Nuclear Families in Extended Residential Group(including household of head of extended family)

Household Interview Name

Relationship to Head of Family

Sex

Place of Birth

Age

Marital status

Residence Tenure

Ethnic Group

Religion

Education/ Level

Income Earner

Economic Activity

1 2 3 4 5 6 7 8


Annex 1c: Land asset inventory for Project Affected People Survey No: Village ----------------------------------------------- Date---------------------------------------------

Name of Head of Household

No. of Persons in household

Total land holding of H/hold (m2)

Land to be acquired (m2)

Land Use Type *

Loss of % total

Loss of assets

Loss of crops

Loss of other assets

Other losses Permanent (m2)

Structures temporary(m2)

Are

a of

re

side

ntia

l la

nd

lost

Fr

uit

tree

s lo

st

type

A

gric

ultu

ral

land

lo

st

Oth

er

(spe

cify

) R

esid

ence

(r

ente

d)

Bus

ines

s lo

st

Inco

me

loss


Annex 1d: Affected Plot Sheet Reference: Reference: ……………………………………………………………………………… Location: - LG: ……………………………………….Community: …………………………………………. GPS Coordinates: ………………………………………Surface: …………………………………… m2 Description of soil: …………………………………………………………………………………………… ………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………... Perennial Crops: 1 Owner: ……………………………………………………………………………………. 2 Owner: ……………………………………………………………………………………………………… Annual Crops: 1 Owner: …………………………………………………. 2 Owner: …………………………………………………. Trees: 1 Owner: …………………………………………………… 2 Owner: …………………………………………………. Structures: Movable structures: ………………. Owner: ………………………. Immovable structures: ……………. Owner: ………………………. Buildings: ………………………… Owner: ………………………. Users: User 1: ……… Surface used: …….. Regime of tenure: ……………. User 2: ……… Surface used: …….. Regime of tenure: ……………. User 3: ……… Surface used: …….. Regime of tenure: ……………. User 4: ………Surface used: …….. Regime of tenure: ……………. Valuation proposal (details of calculation on attached sheet): Crops: …………………………………………………………………………………. ………………………………………………………………………………………… ………………………………………………………………………………………… Structures: ……………………………………………………………………………… …………………………………………………………………………………………. ………………………………………………………………………………………… Proposed distribution of compensation: User 1: ………………………………………………………………………………… User 2: ………………………………………………………………………………… User 3: ………………………………………………………………………………… User 4: ………………………………………………………………………………… Prepared By: …………………………………. ….Date: ……………………………….



Annex 1e: Affected Building Sheet Reference: ……………………………………………………………………………… Location: - LG: …………………………………………..Community/Clan: ……………………………. GPS Coordinates: ………………………….. Photograph number: ……………………. Owner:- Full Name: ……………………………………………………………………… Address: ……………………………………………………………………… …………………………………………………………………………. Description:- Permanent:…………Non permanent: ………………… Surface: ………………… m2 Number of rooms: ………………… Walls: Material: ………….. Condition: …………………………… Roof: Material: …………. Condition: ………………………….. Floor: Material: ………… Condition: ………………………….. Annexes outside: Latrine: Material: ………….. Condition: …………………………… Bathroom: Material: ………….. Condition: …………………… Kitchen: Material: ………….. Condition: …………………………… Others: ………………….Material: …………..Condition: ……………… Additional features: ……………………………………………………….. ……………………………………………………………………………… Permanently Inhabited: ….By: ……………….Regime of occupation: ………………… Periodically Inhabited: By: ………………… Regime of occupation: ………………… Vulnerable group: a) Women-headed Household………….. b) Family with physically and mentally……………. c) Family with aged members……………. d) Family with income below poverty line……………. e) Family losing more than the economic threshold of their land through acquisition/negotiation………… Valuation proposal (details of calculation on attached sheet): …………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ……………………………………………………….. Proposed distribution of compensation: User 1: ………………………………………………………………………………….. User 2: ………………………………………………………………………………….. User 3: ………………………………………………………………………………….. User 4: ………………………………………………………………………………….. Prepared By: …………………………………. ….Date: ……………………………….



Annex 1f: Affected Household Sheet Household Reference: ……………………………………………… Location: - LG: ……………………: …………….community/Clan: ………………… Reference of Affected Asset:- Type: - Structure: ….. Plot: ….Crop: ……… (Tick one) Reference of Affected Asset Sheet: ……………………………………………………. Household Information:- Head of Household: - Name: …………………..Age: ………..Sex …………. Identity Document: - Type: …………………Number: ……………………… Composition of Household:- Number Name Relationship with Household Head Sex Age 1 2 3 4 5 6 7 Socio-Economic Information:- Head of Household: …………………………………………………………………… Occupations: - Primary: ………………. Secondary: …………………………………… Other members of Household:- Number: …………... Occupation: ……… Highest education level attained: ………… Number: …………... Occupation: ……… Highest education level attained: ………… Number: …………... Occupation: ……… Highest education level attained: ………… Number: …………... Occupation: ……… Highest education level attained: ………… Total Estimated Household Cash Income: …………………………………………….. Education level of Household Members:- Number: …… Level: …………………………… Number: …… Level: ……………………………. Number: …… Level: …………………………… Number: …… Level: …………………………… Project Impact:- Assessment of the Impact of the Loss of the Affected Asset on Household’s Livelihood: ………………………………………………………………………………………… Amount of land owned; ……………………………………………………………….. Details of income loss due to loss of land; …………………………………………….. Proposed Compensation or Resettlement Package:- Household’s Wishes: …………………………………………………………………… …………………………………………………………………………………………. Proposed Package: ……………………………………………………………………… Proposed Livelihood Restoration Package:- Household’s Wishes: …………………………………………………………………… …………………………………………………………………………………………. Proposed Package: ……………………………………………………………………… …………………………………………………………………………………………..

Annex 1g: RAMP 2 Simplified Survey Form for Affected Properties, Characteristics of Families and/or BusineDisplacement 1g.1 Property (Goods and Assets Affected)

Household number1

Business number2

Name of household head or business owner

Plot area

Description of houses and constructions

Uses of the property (housing, economic activity, other)

Level of impact (total, partial, minimum)3

Tenure stat(titled ownowner withodocuments, tenant, sharecropper, etc.)

1 Households should be defined as commensal units i.e. people who eat out of the same pot. 2 Business should be defined as any cases where family/business can develop activities involving listed goods and assets; “Total” where activities cannot be developedthey are not owners, include the name and address of the owner. 1g,2: Socioeconomic Characteristics of Families

Household number1

Name of household head

No. of persons in household

No. of children <13 years of age

No. of adults +60 years of age

No. of students

Sources of income

Place of work or study and distances

1g.3 Socioeconomic Characteristics of Business Business number

Name of business owner

Age of business owner

Type of activity No. of employees

Monthly income average

Destination of production

Place of selling

1g.4 Impacts Caused by Displacement (Households) Household Number

Loss of land

Loss of house or other structures

Loss or decrease of income

Loss or difficulty of access to educational services

Loss of access to health services

Loss of access to public services

Loss onetwo

1g.5 Impacts Caused by Displacement (Businesses) Business Number Loss of land Loss of Business place Loss or decrease of income Loss of econo

networks

1g.6 Impacts Caused by Displacement (Cattle Grazing/Herding)

Business Number Loss of land Loss of Business place Loss or decrease of income Loss of econonetworks

Annex 1h: Entitlements of Project Affected People – indicative

Sector: _________________________________________ Date: ___________________________

Survey

no.

Name of

Head of

Household

Compensation for Land

Compensation for structures

Compensation for crops and trees

Compensation for other assets

and losses (e.g.

wells, businesses, etc)

Total

Quantity

(m2)

Unit price

Per m

Entitlement

Quantity

(m2)

Unit price

Per m

Entitlement

Quantity

(m2)

Unit price

Per m

Entitlement

Quantity

(m2)

Unit price

Per m

Entitlement

…………………………………..

Annex 2: Indicative Outline Terms of Reference for Social Assessment (Working Draft) Adapted from NEWMAP

Introduction The social assessment (SA) document assists managers and leaders take conscious decisions to avoid social and resettlement impacts. SA in this context is seen as an impact assessment tool where the concerns to be addressed would go far beyond only social and resettlement issues. SA so prepared would take into account the policy implications of the state governments apart from the resettlement policies and regulation of the World Bank. Objectives The main objective of SA is to ensure that the project design and implementation are socially acceptable. Further, the objective of SA shall be to provide inputs for selection of sub-projects, preliminary and detailed design of the project. The Resettlement Action Plans to be developed as part of the SA are to be used during the implementation of the project for executing the resettlement and rehabilitation activities and monitoring measures. In the preparation phase, the SA shall achieve the following objectives:

Establish the Socio-economic conditions in the study area, and to identify any significant social issues; Assess impacts of the project, and provide for measures to address the adverse impacts by the provision of the

requisite avoidance and/or compensation measures; Integrate the social and resettlement issues in the project planning and design; and Develop Resettlement Action Plan for implementing, monitoring and reporting of the social and resettlement

compensation measures suggested. Scope of Work The SA shall identify all potential social issues in the project; and shall develop management measures for addressing all these issues. To this end, the SA shall consist of

Socio economic baseline established through census surveys; Stakeholder Identification & Consultation Project and regional level social issues that would need to be considered in the analysis of alternatives, planning and

design of the sub-projects and establish their criticality in the context of the proposed project; A Resettlement Action Plan to address the project and regional social issues; A training plan for building adequate capacity in the implementing agency (or Client) towards implementation of the

plans produced. A Monitoring Plan encompassing the monitoring parameters and schedule for monitoring

Key tasks in this part of the assignment include: Define likely project impact zone (direct/indirect) based on project proposal 1) Collect information through desk review and field visits on existing baseline conditions, include all land uses, structures

and people (e.g., demography, socio-economic status, vulnerability, status of infrastructure and access to people, livelihood programs, market rate of assets, medical support for sexually transmitted diseases, its prevalence, awareness on HIV/AIDS, legal status of land through revenue records.) within the likely project impact zone.

2) Identification of key stakeholders involved in various aspects of the project (project implementing and executing agencies and groups from civil society; description of socio-economic organizations of local communities that may affect project outcomes; carry out public consultation with the likely affected groups, NGOs, district administration and other stakeholders and document the issues raised and outcomes; and assessment of local capacities in terms of participation in planning, implementation and supervision, and evaluation

3) Explore viable alternative project designs to avoid, where feasible, or minimize social impacts (displacement, impact on vulnerable community, cultural properties etc.)

4) Identify major and minor social impact issues including loss of assets, livelihood, poverty, gender and health issues and estimate the economic and social impacts on people and land.

5) A resettlement plan would be drafted based on the outcome of the SIA to aid minimize, mitigate, or compensate for adverse impacts on the affected communities. The mitigation or management plans developed should be consistent with the nature of the development and the nature of the impacts

Annex 3: Indicative Outlines of Resettlement Plans Annex 3a: Indicative Outlines of Resettlement Plans This template is largely extracted from OP 4.12 which can also be found on the Banks website at www.worldbank.org. Annex 3a-1: Abbreviated Resettlement Action Plan (Population affected is < 200) An abbreviated plan covers the following minimum elements

a. a census survey of displaced persons and valuation of assets; b. description of compensation and other resettlement assistance to be provided; c. consultations with displaced people about acceptable alternatives; d. institutional responsibility for implementation and procedures for grievance redress; e. arrangements for monitoring and implementation; and f. a timetable and budget.

Annex 3a-2: (Complete) Resettlement Action Plan (Population affected is > 200) The scope and level of detail of the resettlement plan vary with magnitude and complexity of resettlement. The plan is based on up-to—date and reliable information about (a) the proposed resettlement and its impacts on displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers elements, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan Description of the sub project: General description of the sub-project and identification of sub project area. Potential Impacts: Identification of (a) the sub project component or activities that give rise to resettlement, (b) the zone of impact of such component or activities, (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation. Objectives: The main objectives of the resettlement program. Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including;\ (a) the results of a census survey covering;

(i) current occupants of the affected area to establish a basis for design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance.

(ii) standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population

(iii) the magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic

(iv) information on vulnerable groups or persons, for whom special provisions may have to be made; and

(v) provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement.

(b) Other studies describing the following;

(i) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area.

(ii) The patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub project

(iii) Public infrastructure and social services that will be affected; and (iv) Social and cultural characteristics of displaced communities, including a description of formal and

informal institutions (e.g. community organizations, ritual groups, non- governmental organizations (NGO’s) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.

Legal Framework: The findings of an analysis of the legal framework, covering,

(a) the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment,

(b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that may be relevant to resettlement under the sub project,

(c) relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law related to displacement, and environmental laws and social welfare legislation, (d) laws and regulations relating to the agencies responsible for implementing resettlement activities, (e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank’s resettlement policy, and the mechanisms to bridge such gaps, and, (f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from

customary and traditional usage. Institutional Framework: The findings of any analysis of the institutional framework covering;

(a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; (b) an assessment of the institutional capacity of such agencies and NGOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation.

Eligibility: Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. Valuation of and compensation for losses: The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets. Resettlement Measures: A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of OP 4.12. In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them. Site selection, site preparation, and relocation: Alternative relocation sites considered and explanation of those selected, covering,

(a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources, (b) any measures necessary to prevent land speculation or influx of eligible persons at the selected sites, (c) procedure for physical relocation under the project, including timetables for site preparation and transfer; and (d) legal arrangements for regularizing tenure and transferring titles to resettlers.

Housing, infrastructure, and social services: Plans to provide (or to finance resettler’s provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; any necessary site development, engineering, and architectural designs for these facilities. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). Community Participation: a description of the strategy for consultation with and participation of resettlers and host communities, including

(a) a description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of resettlement activities, (b) a summary of the views expressed an how these views were taken into account in preparing the resettlement plan, (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and (d) Institutionalized arrangements by arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, landless, and women are adequately represented.

Integration with host populations: Measures to mitigate the impact of resettlement on any host communities, including, a) consultations with host communities and local governments, (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resetters, (c) arrangements for addressing any conflict that may arise between resettlers and host communities, and (d) any measures necessary to augment services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. Grievance procedures: Affordable and accessible procedures for third-party settlement of disputes arising from resettlement, such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. Organizational responsibilities: The organizational framework for implementing resettlement, including identification of agencies responsible for delivery or resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. Implementation Schedule: An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. Costs and budget: Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. Monitoring and evaluation: Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. Consultant(s) for Preparation of RPs The team will include experts with demonstrated expertise in the following areas: � An experienced practitioner with social science or economic background with experience in World Bank resettlement projects.

� A land-use planner/natural resources to assist the socio-economist with design, implementation, and analysis of studies needed for socioeconomic development as well as logistical requirements for resettlement to new areas. � A pubic consultation expert with skills in community facilitation, conflict resolution and communications

Minimum of Master Degree in Environmental Science or related fields A minimum of 10 years relevant professional experience

Minimum 5 years experience in involvement in planning design, monitoring or evaluation of projects (in Nigeria), contributing to sustainable development.

Annex 3b: An Outline of the Basic Element of a Resettlement Action Plan S/No Elements Activities 1 Description of

the Project Define the Project, and its components and the Project Site (s) Determine whether the Project will require land acquisition and relocation of persons Describe the amount of land acquisition and resettlement required Identify options of reducing amount of resettlement Quantify the options of minimizing resettlement

2 Project Objectives

Formulate the main objectives of the Project Identify Specific Objectives

3 Socio-Economic Studies/Census

Carry out census of affected community/individual and their assets. Determine income levels and livelihood patterns of the affected persons Identify alternatives of restoring income for the displaced population Define magnitude of the impacts with special reference to vulnerable groups( aged, HIV and other ailed persons, female-headed households, the poor etc) -Document landholding tenure system in place, lot sizes and any cultural heritages/values that may be restricted by the project Describe any social organizations in place that may be impacted Document type and size of infrastructure and other services that may be impacted Summarize impacts of the project for each categories of affected groups Provide mechanism for updating information on the displaced population

4 Legal/Institutional Framework

Define the Project affected Persons Identify local agencies responsible for resettlement Discuss staffing of the Project Resettlement Unit Assess capacity of the agencies to handle the magnitude of the resettlement Comply with national and local legislation on matters relating to land and environment Describe plan to inform the affected population

5 Eligibility and Entitlements

Set criteria for the displaced persons to be eligible for compensation and resettlement Prepare Entitlement Matrix Determine Assistance required for resettlement

6 Compensation Assessment

Appoint Registered/District Valuer for compensation purposes Carry out consultation with affected persons Identify and inspect affected assets for valuation Process Valuation Report and prepare Compensation Schedule Determine whether additional income assistance is necessary

7 Resettlement Plan

Determine need for relocation and discuss with affected person Select site for relocation and make arrangement for land titling in favour of resettlers In consultation with respective District Settlement Planning Department, prepare Resettlement Plan Discuss outsourced services if any and draw up cost implications Ensure Plan comply with environmental consideration Evaluate the impact of the Plan on host community Determine any special assistance measures necessary to vulnerable groups Identify risks associated with the Plan and chart out ways of overcoming them Provide information on updating of the Plan

8 Grievances Procedures

Design system for recording grievances and establish response time Discuss mechanism for hearing grievances Discuss appeal Measures

9 Organizational Responsibilities

Prepare implementation schedule indicating target dates and backstopping measures Discuss arrangements for coordinating agencies and other jurisdictions Describe measures of transferring responsibilities of resettlement sites back to respective authorities

10 Costs and Budgets

Prepare a financial plan with emphasis on responsibilities and accountability List sources of funds Identify components of the sub-project that may require additional external funding Discuss provisions for handling price fluctuations, contingencies and excess expenditure Prepare a template for Project Cost Estimate/budget

11 Monitoring and Evaluation

Discuss measures for external and internal monitoring Define monitoring indicators Determine mode and frequency of reporting and content of internal monitoring Discuss feedback mechanism


Annex 4a: Calculation of Land and Crop Compensation Rate Examples of Methods to be used to determine a Monitory Compensation Rate for Land FORMULA

For land (displacement Compensation for land on which annual and perennial crops is grown). Land is provided as replacement of expropriated land capable of serving a similar purpose, and monetary compensation in equivalent to the annual average income earned from the total land expropriated.

(area of land in Ha .X productivity of crops) X price of crops )+cost of permanent improvement on land

Value =

((area of land in Ha. X productivity of the crops) X Price of the crops)) X10 +cost of permanent

improvement on land……………………….1

Annual Crops

Area of land in Ha .X productivity of crops) X Price of crops) +Cost of permanent improvement on land.

Value =

((area of land in ha .X productivity of the crops ) X price of crops ))X10 +cost of permanent improvement on land……………………………………………2

For ripe and unripe perennial crops

Ripe

Value (area of land in Ha X productivity of the perennial crops) X number of years required to ripe) X price of the crops.

Thus:

Value, ( the annual yield of the perennial crops in kilogram )The current price of the produce of the perennial crops ) x 10 + cost of permanent improvement on land…………………………..3

For unripe perennial crop

Value ( number of plant (legs) cost incurred to grow an individual plant )

+ cost of permanent improvement on land………………………………………..4

For land used for grazing (displacement compensation for land used for herding/animal grazing). Land is provided as replacement of expropriated land capable of serving a similar purpose, and monetary compensation in equivalent to the average profit earned in previous 2 years).

(area of land in Ha .X average profit made in 2 years)

Value =

(area of land in Ha. X profit made in previous 2 years)

improvement on land……………………….5

The rate used for land compensation is to be updated to reflect values at the time compensation is paid. The following example, which is based on 2002 data, derives a total value for a one hectare land from the value of the crops on the land and the value of labor invested in preparing a replacement land.

2

* This example assumes a one-hectare land.

Crop values will be determined based on:

A combination of staple foods and cash crops. Specifically, the 80/20 ratio of land that a farmer typically has in food crops and cash crops is used to determine the chances s/he would lose food crop rather than a cash crop income.

The value of stable crops to be taken as the highest market price (over 3 years) reached during the year, in recognition of these factors:

- Although most farmers grow staple crops mainly for home consumption, they always have the option of selling these crops to take advantage of the market.

- Farmers most often purchase cereals when they have run out, during the "hungry season" when prices are high. Compensating at a lower value might put the individual or household at risk.

- Averaging the highest price of stable foods yields a high per ha value that reimburses for the vegetables and other foods that are commonly inter-cropped with staples, but are almost impossible to measure for compensation.

The labor cost for preparing replacement land is calculated on what it would cost a farmer to create a replacement land. This value is found by adding together the average costs of clearing, plowing, sowing, weeding twice, and harvesting the crop. Labor costs will be paid in Naira, at the prevailing market rates.

The following table presents an example of a compensation schedule for a one hectare land. The Naira values are based on arbitrary labour rates, which will need to be validated at the time payments are made.

EXAMPLE OF METHOD TO BE USED TO DETERMINE A MONETARY COMPENSATION RATE FOR LAND* (Based on 2002 data. Naira payments will be revised to reflect crop values and labor rates in effect at the time of compensation)

Item Compensated Basis of value Naira/ha

Value of Crops Average of the highest 2002 official and market survey land prices per ha of staple food crops (millet, plantain, rice etc.),plus cash crops (e.g. sorghum, maize, rice).

Labor Labour cost of preparing replacement land

Total Replacement value of crops plus labor

EXAMPLE OF LAND COMPENSATION SCHEDULE OF PAYMENTS

Activity Month paid Labour in Naira/ha, Rate cost/day x no. of days

Clear March

Plough May

Sow May

Weed May

Harvest November

Total

Example of Calculating of Fruit used for commercial purposes to be compensated at market value

3

based on historical production records

Local fruit trees, e.g guava/ mangoes

Estimated avg. fruit yield(kg) of mature tree

800 to 1300 kg/year

Market price

Height of harvested season(March/April)

End of season(late May)

NAIRA/kg

NAIRA/kg

Price used as basis of this estimate 80% height of season; 20% end of season

Years to production Six to seven years

Years to maximum production Twenty

Cost of sapling Naira, locally available

Grafted fruit trees, e.g. mangoes

Estimated avg. fruit yield (kg) of mature tree

800 to 1300kg/year

Estimated yield used Almost entire yield due to market value

Market price,(varies according to variety)

Height of harvest season (june/September

Naira/kg

Price used as basis of this estimate Price per fruit or sac(100kg) as quoted by growers

Years to production Four to five

Years to Maximum Production Eight

Costs of Sapling Naira, not locally available.

Proposed Schedule for Fruit (e.g. Guava or Mangoes) Trees Cut Down

Type/ Age of tree Est Years

In-kind replacement for Local Guava and Mangoes

Credits/Financial Support

Sapling

Trees planted after project cut –off date in area will not be eligible for compensation

0-1 Deliver to Farmer:

1.Choice of two guava or mango trees

ii. (local and/ or improved granted)

iii. Supplies: fencing to project

iv. Tree, a bucket for watering, and a spade.

Naira

Sapling/ Young Tree First minor production 12-50 fruit

1-6 Deliver to farmer: Equivalent of X no. Naira in credits or

4

occurs about age 4-5 1.Choice of two guava or mango trees

ii. (local and / or improved grafted)

iii. Supplies: fencing to protect Tree, a bucket for watering and a spade

other financial support for labor invested invested in

Annex 5a. Sample Grievance Redress Form and Agreed Resolution Format Grievance Form Grievance Number: Copies to forward to: Name of the Recorder; (Original)-Receiver Party: LG & Community: (Copy)- Responsible Party: Date: Information About Grievance Define The Grievance:--------------------------------------------------------------------------------------------------------------- INFORMATION ABOUT THE COMPLAINANT Forms of Receipt:

□ Community/Information Meetings □ Mail □ Informal □ Other

Name Phone Line Village/ Local Govt. Area Signature of Complainant and Date DETAILS OF GRIEVANCE (addition to list could be made as appropriate) 1. Access to Land and Resources a) Fishing grounds b) Lands c) Pasturelands d) House e) Commercial site f) Other

2. Damage to a) House b) Land c) Livestock d) Means of livelihood e) Other

3. Damage to Infrastructure or Community Assets a) Road b) Bridge/Passageways c)Power/Telephone Lines d) Water sources, canals and water infrastructure for irrigation and animals e) Drinking water f) Sewerage System g) Other

4. Decrease or Loss of Livelihood a) Agriculture b) Animal husbandry c) Beekeeping d) Small scale trade e) Other

5. Traffic Accident a) Injury b) Damage to property c) Damage to livestock d) Other

6. Incidents Regarding Expropriation and Compensation (Specify)

7. Resettlement Process (Specify)

8.Employment and Recruitment (Specify)

9. Construction Camp and Community Relations a) Nuisance from dust b) Nuisance from noise c) Vibrations due to explosions d) Misconduct of the project personal/worker e) Complaint follow up f) Other

10. Other (Specify

5

Annex 5b: Agreed Solutions Format

Date:

Grievance Number Copies to forward to:

Name of the Recorder (Original)-Receiver Party:

(Copy) – Party responsible:

Household & business Resettlement Solution Remarks

…………………………………………………..

Signature of Key Parties Heads to the Resolution

6

Annex 5c: Template of a Claim Registration and Follow-up Form

Prepared by: Date:

Aggrieved person:

Full name:

Residence:

Project registration number:

Reason for the claim (detailed description of the aggrieved person’s version):

Composition of the mediation committee:

Chair (name, position):

LG Chairman/Community Leader/representative (name, position):

Project (name, position):

Other elders (name, position):

Report of mediation efforts:

Agreed solution:

Implementation of the agreed solution:

Close-out:

In case no settlement is reached:

Reason why no settlement could be reached:

Follow-up by claimant:

7

Annex 5d: Template of a Consultation Meeting Minute Form

Date : Venue:

Project participants:

Other participants (name, position) : Total number:

Objective and agenda of the meeting:

Points addressed by Project:

Points raised by participants:

Follow-up activities:

Prepared by: Date :

Annex 6: Resettlement Schedule

Activities Dates Budget Comments

Planning of census and surveys

Information to people affected

Conduct census and socioeconomic survey

Analysis of data and identification of impacts

Definition of assistance measures

Relocation/assistance

Follow-up Visit by Responsible Agency

8

Annex 7: Template Itemization of a RAP/ARAP Budget

9

Annex 8: Cost Estimates and Contingencies

S/N Item Cost (Naira) Assumptions

1 Compensation for land acquired

per hectare For land acquisition purposes, based on cost realized in projects involving similar issues in Nigeria.

2 Compensation for loss of crops

per hectare of farm lost

Include cost of labour invested and average of highest price of staple food.

3 Compensation for buildings and structures

N/A This compensation would be in-kind. New buildings will be built and given to those affected

4 Cost of relocation assistance/expenses

per household This cost is to facilitate transportation

5 Cost of restoration of individual income

N/A Assume to be higher than the GDP/capita

6 Cost of restoration of household income

N/A For household of ten

7 Cost of Training Per participant Depends on the number of stakeholders in the counties selected

8 Cost of Management Per sub-project site

Incurred by stakeholders such as ministries, districts

9 Cost of Monitoring and Evaluation

Per sub-project site

Dependent on the each sub-project site

10 TOTAL Per sub-project site

Addition of all the cost incurred

11 Contingency Per Total Cost 5% of the Total cost

12 Grand Total N/A Sum of t Total and contingency costs

10

Appendix 9

Minutes of Stakeholders’ Meeting Held with the Imo Rural Access and Mobility Project II (Imo RAMP 2 ), relevant Ministries Department and Agencies (MDAs) and

Environmental and Social Experts on Friday 9th of September, 2016.

Venue: Imo RAMP 2 Project Office, Owerri, Imo State.

1. ATTENDANCE

List attached (below)

2. OPENING

The meeting was anchored by Engr. John Uzor, the State Project Co-ordinator. The meeting started precisely at 10.45am while the opening prayer was said by Hon. Obinna.

Later, there was an opportunity for self-introduction by the participants while the Engr. Uzor introduced to the house the essence of the meeting and also the consultant for the assignment.

He stated that the consultant was sent by the FPMU to review and update the Environmental and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF) of the RAMP 2 to include Imo state (new state) preparatory to the effective take-off of the project in Imo State.

The State Project Coordinator, Engr. Uzor also appreciated al the stakeholders for honouring the invitation inspite of the short notice. He equally thanked all the participants especially the Transitional Chairmen (TC) of Local Governments. He thanked all the MDA including federal agencies (NESREA) and the staff of the SPIU for their commitment and cooperation which is very germane to for fostering good relation during implementation.

He also explained to the participants the current state of the RAMP 2 with respect to Imo State and the intention of the projects towards the construction of 401.1km of rural roads across the State in order to enhance rural transportation, improve transportation of farm produce and also access to social infrastructure amongst other benefits.

3. THE PURPOSE OF THE MEETING

After observing all protocols, the Consultant, Mr. Ogunsawe David A briefed the meeting on the concept of sustainable development and the rationale to ensure sustainable development together with the World Bank’s standard for sustainable environment in all its sponsored project. Also, the need to ensure that implementation of the World Bank principle on social issues be included in project preparation activities was also discussed.

It was generally agreed that since the majority of the rural people of Imo State are predominantly farmers, the various sub-project activities of the RAMP 2 would tremendously improve livelihood, easy transportation of agricultural produce and more importantly eradicate poverty in the rural communities across the State (Imo).

Therefore, the issues of ESMF and RPF were enumerated with its advantages to solve both possible environmental and social concerns as a result of the RAMP 2 projects implementation.

11

4. THE EXPECTED ROLES AND CAPACITY OF MDA

The State Coordinator (Engr. Uzor) however, informed the participants of the desire of the SPIU to adhere to best engineering standard in the design, construction, monitoring and maintenance. However, Barrister Innocent Anuebunwa (Representing the Transition chairman, Onuiro Local Government) spoke about the issue of compensation for the PAPs while the State Coordinator also took time to assure of the adequacy of the State to fully compensate any PAP.

Also, Mr. Ojinaka Obinna a Director of Planning in the Supervising Ministry-Ministry of Local Government enumerated on the environmental and social consequences of affected trees while Engr. Bassel Nwogwugwu and mentioned the issue of compensation for PAPs whole structures would be affected as a result of the project activities. They were both assured of the strict adherence to global best practice and smooth compensation.

In the areas of public enlightenment, Mr. Cliffors Orji, the Transitional Chairman of Nwangele Local Government requested its fellow Local Government Chairmen to ensure adequate sensitization to ensure cooperation by project communities while soliciting for proper assessment and adherence to engineering design.

The NESREA Representative, Mr. Stanley Onwuizor raised the possibility of erosion due to the nature of the soil as a result of project activities and the need to inculcate discharge pits to collect run-offs in communities that does not have storm water collection infrastructure.

The Transitional Chairman of Ikeduru Local Government, Engr. Obinna Nshirim equally advocated for the inclusion of local contractors and youth also in projects, the SPIU Coordinator, Engr. Uuzor however promised to looked into the matter with the assurance that the quality of the project would never be compromised.

5. CONCLUSION

Engr. Orji (of Nwangele Local Government Area) expressed his profound appreciation for the inclusion of the State in RAMP 2 and also pledged the commitment of the Local Government Chairmen oward ensuring the success of the project.

He equally, appreciated the Consultant for the enlightenment while thanking other agencies such as NESREA, NEWSMAP (Imo State) etc.

6. CLOSING REMARKS

The State Project Coordinator appreciated the participants for honoring his invitation and their active participation and also the consultants, for taking the pains to explain the essence of the assignment.

He stated that the project was still in the preparation stage and there would still be need to call people for meetings as occasion demands.

7. CLOSING

The meeting ended at around 1.25pm after the closing prayer.


Appendix 10

List of Stakeholders Consulted During Meeting Held with the Imo Rural Access and Mobility Project II (Imo RAMP 2 )

List of those consulted during the updating of ESMF in Imo State

S/No

Name Organization Designation Telephone Mail

1. Engr. Obinna Nshirim Ikeduru Local Government

Transition Chairman 08033450733

2. Barr. N. Anebunwa Onuimo Local Government

Transition Chairman 07033577105

3. Hon. Clifford Orjiako Orlu Zone Representative of Transition Chairmen in Orlu Zone

08033403030

4. Ihejiakor Stanley Ministry of Local Government and Rural Development

Budget Office 070656645528

5. Ojiaka Obinna “ DPRA 08038980090 [email protected] 6. Amunwa Ogunaya T. Imo RAMP 2 M & E 08035527408 [email protected] 7. Kenneth Y. ike “ Arc. Specialist 08034377153 [email protected] 8. Engr. Nwaogwugwu Basil “ Infra. Engr. 08035778032 [email protected] 9. Engr. Ozurumba Kelechi O. “ Infra. Engr. 08037973205 [email protected] 10. Anyiam Okechukwu “ Project Admin. Officer 08037671404 [email protected] 11. Ezeigwe Ihuoma U. “ Project Internal Auditor 08038902632 [email protected] 12. Oduah Ihinomso C. “ Project Accountant 08035124966 [email protected] 13. Ogboji Kelechukwu NESREA (South-

East,, Zone 1 Division), Owerri

Scientific Officer 08034240299 [email protected]

14. Onwuzo Stanley C. “ Scientific Officer 08033128426 [email protected] 15. Iwuagwu Ogechi Imo RAMP 2

/NEWMAP Safeguards Specialist 07033015164 [email protected]

16. Engr. Victor Anueyiagu O. Imo NEWMAP/Ministry of Environment & Agriculture

SPC 08034871860 [email protected]

17. Engr. J.C. Uzor Imo RAMP 2 SPC 08037128619 [email protected] 18. Uzoma C. Ijeoma Accountant General

Office Head, Imo PFMU 08035057196 [email protected]

19. Etumnu Matthew C. Imo NEWMAP 08063488134 [email protected] 20. Ogunsawe, David A. Geo-Solution

Providers Ltd. Environmental Specialist/RAMP 2 Consultant

08028280819 [email protected]

21. Lemchi Omasirichi Imo RAMP 2 Environmental & Social Officer

08038236476 [email protected]

22. Engr. Ezeasoibe Felix “ MISS 08035512278 [email protected]

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