The. Nigeria Erosion and Watershed Management Project (NEWMAP) (WORLD BANK ASSISTED) ABIA STATE REPORT RESETTLEMENT ACTION PLAN.

Transcription

1 Public Disclosure Authorized The Public Disclosure Authorized Nigeria Erosion and Watershed Management Project (NEWMAP) (WORLD BANK ASSISTED) Public Disclosure Authorized ABIA STATE REPORT Public Disclosure Authorized RESETTLEMENT ACTION PLAN for Amuda Achara Isuochi Gully Erosion Site Remediation Project August

2 Prepared by ABIA NEWMAP Otubtraco Plaza Km1 Ikot Ekpene Road Umuahia Abia State 2

3 Table of Contents EXECUTIVE SUMMARY 11 Section 1 Background and Introduction Introduction The Nigeria Erosion and Watershed Management Project (NEWMAP) RAP objectives Justification for RAP RAP requirements RAP Approach and Methodology 16 Section 2 Project Area and Description 20 Section 3 Socioeconomic characteristics Introduction Administrative setup Ethnic composition Religion Governance Demographic characteristics Livelihoods base and Income Household Characteristics 25 3

4 3.9 Literacy level Housing Sources of lighting Sources of drinking water 26 Section 4 Legal and Policy Framework 4.1 Introduction Resettlement guidelines Comparison between Land Use and Bank OP Abia NEWMAP compliance obligations 33 Section 5 Resettlement Impacts Introduction General Overview of Displacement Risks Identified Site Specific Displacement Potentials Measures to avoid displacement Inventory/Summary of losses Census of affected persons 37 Section 6 Resettlement Entitlements Introduction 38 4

5 6.2 Eligibility criteria Entitlements Summary of compensation packages Cut-off date 39 Section 7 Resettlement Implementation Arrangements RAP Disclosure Establishment of resettlement committee Documentation PAPs engagement, notification, agreement, accreditation and sign-off Disbursement of compensations Establishment of Escrow Account Interagency cooperation Assistance to vulnerable persons Institutional Responsibilities for Resettlement Measures for Strengthening Organizational Capability 44 Section 8 Grievance Redress Basis Grievance Redress Mechanism 45 5

6 Section 9 Monitoring and Evaluation Context of M&E Specific objectives Monitoring Requirements and Responsibilities Monitoring Framework 50 Section 10 Resettlement Budget Introduction /Budget summary Project resettlement burden Valuation methods Budget breakdown 52 Section 11 Consultations 53 List of Acronyms RAP BP CBO CDD CPS CSO DEFCZM Abbreviated Resettlement Action Plan Bank Procedures Community Based Organization Community Driven Development Country Partnership Strategy Civil Society Organization Department of Erosion, Flood and Coastal Zone management 6

7 EA EIA EMP EPA ESMF FGN FMENV FMW FMWR FPMU GIS GRASS IDA IWRMC LB LGA MDA MDG MOE MoH NAPA NEMA NESREA NEWMAP NGO NIHSA NPC NWRI OD Environmental Assessment Environnemental Impact Assissent Environmental Management Plan Environnemental Protection Agency Environmental and Social Management Framework Federal Government of Nigeria Federal Ministry of Environment Federal Ministry of Works Federal Ministry of Water Resources Federal Project Management Geographic Information System Gully Rapid Action and Slope Stabilization International Development Association Integrated Water Resources Management Commission Land Bureau Local Government Area Ministries, Departments and Agencies Millennium Development Goals State Ministry of Environment State Ministry of Housing National Adaptation Programme of Action National Emergency Management Agency National Environment Standards and Regulation Agency Nigeria Erosion and Watershed Management Project Non Governmental Organization Nigeria Hydrological Services Agency National Planning Commission National Water Resources Institute Operational Directives (of the World Bank) 7

8 OM OP PAP PID PIU PMU PPUD PWD RAP RBDA RP RPF SA SEMA SMU TOR UNCBD UNCCD UNFCCC WB WHO Operational Manual Operational Policies (of the World Bank) Project Affected Peoples Project Information Document Project Implementation Unit Project Management Unit Physical Planning and Urban Development Public Works Department Resettlement Action Plan River Basin Development Authority Resettlement Plan Resettlement Policy Framework State Agency State Emergency Management Agencies Site Management Unit Terms of Reference United Nations Convention on Biological Diversity United Nations Convention to Combat Desertification United Nations Framework Convention on Climate Change The World Bank World Health Organisation 8

9 Definitions of Key Terms Word/Term Asset Inventory Bank Cut - off Date Compensation Displacement Entitlements Grievance Procedures Host Communities Land Acquisition Market rate Market Value Project Affected Person (s) Rehabilitation Assistance Resettlement Definition A complete count and description of all property that will be acquired. World Bank 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 Payment in cash or in kind of the replacement value of the acquired property. 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. Compensation and other forms of assistance provided to displaced persons in the respective eligibility category. 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. Communities receiving resettled people as a result of involuntary resettlement activities 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. Highest rate over the last five years based on commercial terms. 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. 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. 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 The present document which is the overall Policy Framework for Compensation, 9

10 Policy Framework (RPF) Resettlement Action Plan (RAP) Resettlement Special assistance to vulnerable people Vulnerable Persons: Resettlement and Rehabilitation of Project Affected Persons for the PPP. The Policy Framework describes the process and methods for carrying out resettlement under the Project, including compensation, relocation and rehabilitation of Project affected persons. The resettlement action plans prepared for specific micro-projects. The measures taken to mitigate any and all adverse impacts of the Project on PAPs property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation This refers to specials efforts provided to the vulnerable persons (see definition) The special assistance shall be given by qualified persons/relatives/agencies who can help care for an invalid, providing transitional support (e.g. moving expenses, temporary food supply, etc.) and help to arrange for longer-term social support. 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. 10

11 EXECUTIVE SUMMARY Introduction This report outlines the Resettlement Action Plan (RAP) for the Amuda Achara Isuochi in Umunneochi gully erosion site, under Abia State s Nigeria Erosion and Watershed Management Project (NEWMAP). It is in line with the World Bank (WB) safeguard policy requirements, particularly Operational Policy (OP) 4.12 on involuntary resettlement; and guided by the Resettlement Policy Framework (RPF) that was previously developed for NEWMAP. Need for RAP Civil works such as rehabilitation of gullies and construction of drainages and road will result in acquisition of land, displacement of families; disruption of businesses; as well as damage to farms and public infrastructure, thereby triggering the World Bank s OP 4.12, which demands for a resettlement plan Project Affected Persons Majority of the affected population are small holder farmers and traders, earning between N80,000 to N250,000 annually. Few have larger holdings in the form of plantations and other multiple investment interests, such as timber market, which combine to fetch them larger incomes ranging from N800,000 to N1,5000,000 annually. Measures to avoid displacement Identified measures to avoid displacement are: Maintain the alignment of the previous road to avoid major damage to the Assemblies of God Church extension at Achara; or minimize it to the barest minimum. This will require winding the road in a curve, which is desirable for the drainage system because it helps slow down the speed of flow and reduces the impacts of erosion at the point of discharge Limit land take to the specific requirement for road construction, stabilization and maintenance. Specifically, limit the setback to what was taken for previous road construction Ensure careful use of heavy equipment or alternately use lighter equipment in sensitive areas, such as the Amuda road entry through the market stalls. Preservation of access to markets during construction 11

12 Ensure adequate notice/notification to prepare potentially affected people to make favourable time adjustments and business decisions to minimize losses and exploit the business advantage of the construction activity. In this light, pre-construction meetings should be held to discuss options, such as the temporary use of the open space by the market for trading. Inventory/Summary of losses No Land will be acquired, however, given adequate compliance with the measures to avoid displacement above, the following displacement impacts shall be avoided: Disruption /access to market activities Disruption /access to timber market Damage to market frontages Major damage to church extension at Achara After diligently avoiding unnecessary damage and disruption, the anticipated residual resettlement impacts are summarized as follows: Loss of two clusters of plantain, amounting to 15 stands Loss of 16 young oil palm trees Loss of 1 breadfruit tree Minor damage to church extension Compensation packages The proposed compensation packages are as follows: Pay full compensation for repairs of damaged structures to cover all proven expenses incurred, including materials, transportation etc at current market rate Land replacement or full cash compensation for loss of acquired land Full compensation for 3 years production for perennial economic trees A (1) full year s production of annual crops Cut-off date The cut-off date for this RAP, beyond which no new claims will be accommodated, is set at March 15, 2014 when the socioeconomic survey ended. Claims that emerge after this date are referred to the Grievance Redress Committee. 12

13 Implementation arrangements Resettlement activities shall be implemented in the following steps: RAP disclosure Establishment of Resettlement Committee Documentation PAPs engagement, notification, agreement, accreditation and sign-off Disbursement of compensations Establishment of Escrow Account Budget summary A total amount of N5,369,000 is budgeted for the resettlement. This is mainly for (i) the compensation for economic trees and reparation works on a potentially damaged structure as well as (ii) an escrow account to be set aside in lieu of land acquisitions for the sand and laterite quarries as well as the Contractor s camps, which are yet to be identified. Escrow account By the time this RAP was being developed, land acquisition requirements for sand and laterite quarries had not been identified. Additionally, it is not inconceivable that NEWMAP may create protected areas that will serve as erosion control measures. Therefore, a special escrow account of N5,000,000 shall be set aside in lieu of land acquisitions for the sand and laterite quarries as well as the Contractor s camps, which are yet to be identified. A quick RAP addendum shall be prepared based on a quick assessment and valuation of assets to assess the additional losses and actual compensations to be paid to PAPs as soon as sites are identified. 13

14 1.0 BACKGROUND AND INTRODUCTION 1.1 Introduction Abia State s Nigeria Erosion and Watershed Management Project (NEWMAP) is about to commence development activities at the Amuda Achara Isuochi in Umunneochi gully erosion site. These activities will involve civil works such as rehabilitation of gullies and construction of drainages and road; which could have negative impacts on properties, shelter, economic activities and social networks.this report outlines the Resettlement Action Plan (RAP) for this site, in order to prevent avoidable impacts and mitigate others in line with the World Bank (WB) safeguard policy requirements, particularly Operational Policy 4.12 on involuntary resettlement. This RAP builds upon a Resettlement Policy Framework (RPF) that was previously developed for NEWMAP. It is a site-specific tool, which specifies the procedures for mitigating negative impacts on people s livelihoods and property. In specific terms, it (i) considers alternatives that would minimize or avoid displacement; (ii) identifies the full range of people affected by the project; and (iii) details an inventory of impacts on Project Affected Persons (PAPs) and (iv) and the compensation and assistance mechanisms. 1.2 The Nigeria Erosion and Watershed Management Project (NEWMAP) The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed Management Project (NEWMAP), with support from the World Bank (WB), Global Environment Facility, the Special Climate Change Fund, and the Government of Nigeria. The development objective of is to rehabilitate degraded lands and reduce longer-term erosion vulnerability in targeted areas. activities involve medium-sized civil works such as construction of infrastructure and/or stabilization or rehabilitation in and around the gullies themselves, as well as small works in the small watershed where gullies form and expand. The project currently includes 7 states, including Abia state. The project proponent at the Federal level is the Federal Ministry of Environment (FME), Department of Erosion, Flood and Coastal Zone Management. Each participating state has a State office and coordinating unit. 1.3 Project Components The Project has four components as summarized below: Component 1: Erosion and Watershed Management Infrastructure Investments The objective of this component is to support on-the-ground interventions to help reduce vulnerability to land degradation. Key outcomes are achieved 14

15 through a strategic approach that: (i) stabilizes severe erosion sites, and/or (ii) prevents emerging erosion problems early while intervention costs are relatively low, while also (iii) improving preparedness for landslides and floods. Physical interventions will include a range of engineering/structural and vegetative measures, supported by participatory sub-watershed planning and extensive communications and outreach. In addition, communities will benefit from livelihood support. These interventions will generate important local, national, and global public goods related to disaster and climate risk reduction, ecosystem function, biodiversity, terrestrial carbon, soil health, and siltation reduction. Interventions will be at the sub-watershed level, in three stages: (i) creating conditions for gully and watershed rehabilitation and livelihood development, including community sensitization, social mobilization, communications, and capacity building to ensure ownership and a strong foundation for subsequent interventions; (ii) implementation of subwatershed management plans including disaster response, and livelihoods development; and (iii) continuing financial and technical support for gully and sub-watershed rehabilitation and livelihood activities as well as monitoring, while phasing out civil engineering activities. Activities. This component will finance works, goods, equipment, and consultant services for the following activities organized into three sub-components: Sub-component 1A. Gully Rapid Action and Slope Stabilization (GRASS): This sub-component supports actions to stabilize and rehabilitate major erosion-related sites and underlying causes of gully erosion using both structural and vegetative measures. GRASS can be used in emergency situations as a palliative to help limit damage and address immediate threats to houses and critical infrastructure. At the same time, it plays the role of entry point into the local communities, to help secure their participation and ownership of the larger erosion and watershed management planning and implementation activities that will bring a more permanent solution. Activities include: (i) emergency and temporary halting of gullies and landslide management; (ii) complementary structural erosion and water management works; and (iii) preventive erosion control works, as well as associated community monitoring. Sub-component 1B. Integrated watershed management: This sub-component supports the participatory development of integrated watershed management plans and local investments for the wider sub-watershed surrounding the gully systems (or other erosion- affected areas) targeted by sub-component 1.A. By taking an integrated approach, the sub-component addresses degradation of natural resources and biodiversity, erosion, landslide and flood risks, low agricultural productivity, water quantity and quality, as well as access to land and related resources. The following activities are supported: (i) sensitization, mobilization and organization of communities to manage erosion and prevent disasters; (ii) preparation and implementation of integrated sub-watershed management plans and related technical guidelines and manuals including land and water management and disaster risk preparedness measures; and (iii) carrying out of specific 15

16 subprojects for the identification, establishment and management of soil and water conservation zones, including implementation of associated land and water management practices, through the provision of sub-grants to eligible community organizations. The major structural works included in the sub-watershed management plans will be financed in sub-component 1.A. Sub-component 1C. Livelihoods: The targeted intervention sites will include support for livelihood activities including: (i) sub-grants for community subprojects on livelihood enhancements including natural-resource based enterprises such as local community geo- textile and gabion box manufacture; alternative income generating activities such as small livestock, mushroom, snail and honey production; and service provision/trading such as small shops and bicycle repair; (ii) sub-grants for community sub-projects on employment and skills acquisition opportunities, for instance maximizing labor-intensive public works; and (iii) provision of community and household water harvesting for eligible communities to help reduce runoff expected from increased rainfall intensity as well as storing water for use during the prolonged dry season. The SCCF will co-finance water harvesting. Component 2: Erosion and Watershed Management Institutions and Information Services The objective is to strengthen the enabling environment for effective implementation of erosion and watershed management. Effective investment and implementation of Nigeria s transformation agenda requires better institutional performance and information modernization. The component supports all three tiers of government and the private sector, but with a special focus on improving the effectiveness of states in investment design and supervision, with the federal level serving primarily as facilitator, regulator, monitor, bench marker, information broker, and aggregator. The component will contribute to a number of outcomes centered on enhanced capacities, modernization and coordination of relevant federal, state, and local institutions involved in investment planning, management, assessment, enforcement, and monitoring of watershed and erosion related activities and disaster risk management. To reinforce good design and prioritization of investments under component 1, this component will help improve engineering and watershed and basin planning among states and federal actors, enhance the regulatory environment, data modernization and openness, information sharing, design and construction standards, development and application of analytical and monitoring tools, and watershed diagnostics. In particular, because states have primary responsibility for land allocation and management, they have primary responsibility in NEWMAP for site interventions financed under Component 1 and land-use planning. It is critical that states participate in a continual process of institutional strengthening and investment-oriented learning across states and stakeholders. The activities below help address this need, thereby underpinning the sustainability of NEWMAP s investment approach and setting the stage for further investment action. 16

17 Activities. This component will finance goods, equipment, services, operating costs, and small works, for the following activities, organized into four subcomponents: Subcomponent 2A. Federal MDA Effectiveness and Investment Services for States: (i) Providing investment design support and quality assurance for federal and state MDAs through diverse expertise in relevant disciplines such as geotechnical engineering and watershed planning; (ii) Carrying out an institutional assessment of and providing training for participating implementing agencies and the Ecological Fund Office, to help the government in its efforts to streamline the functions of the numerous agencies and institutions in the erosion and watershed sector of the country, to make them more effective and enhance service delivery; (iii) Strengthening regulatory capacity of key environmental and disaster response institutions; (iv) Strengthening information and monitoring services and tools including a HydroMet system in the project area, integrated in a state-of-the-art erosion monitoring and landslide risk early warning system; (v) Building a Spatial Knowledge Management Information System (MIS) as part of an erosion and watershed management knowledge resource network; (vi) Developing tools for basin and watershed planning and inter-state coordination; and (vii) Providing engineering guidelines and tools that could, for example, help the government make changes in the way drainage structures and roads are regulated, designed, approved, budgeted, constructed and maintained, with a view to reduce gully formation (linked with state efforts below). Subcomponent 2B. State MDA Effectiveness and Services: (i) Providing investment design support for states through environmental engineering and planning expertise, (ii) Urban and rural land use and watershed planning tools; (ii) Providing tools and a platform that could help the government improve state roads cross drainage, with a view to reduce gully formation (linked with federal efforts above), and (iii) Strengthening state emergency management agencies (SEMAs) to anticipate, ameliorate, and respond to natural disaster related emergencies. An additional SCCF grant will finance the development of 1-2 comprehensive urban stormwater plans, starting in Onitsha, Anambra state, to help stem gully formation, better manage flood and landslide risk, adapt to higher rainfall intensities and run-off, and identify priority investment options that can be scaled up and replicated with IDA and other resources. Subcomponent 2C. Effectiveness and Services of Local Government Areas: Strengthening Local Government Areas (LGAs) in intervention sites to sustain operation and maintenance project works and disaster risk reduction and response capacities. Subcomponent 2D. Private and Non-Government Sector Institutions and Services: Training contractors and other non-government entities that can be engaged as needed to deliver professional services. Such n e e d s i n c l u d e : (i) labor intensive works; (ii) manufacture and installation of geo-textiles and gabion boxes; (iii) water harvesting and storage; and (iv) natural resource based enterprises such as seedling nurseries. 17

18 Component 3: Climate Change Response This component will include actions that contribute to strengthening Nigeria s strategic framework for climate action. As such, the component objective is to enhance Nigeria s capacity to promote low carbon, climate resilient development. The contribution that this support will make to Nigeria s strategic framework for climate action is important because climate variability and change threaten to exacerbate Nigeria s erosion challenges, and more broadly might undermine the country s efforts to reach its longer-run development aspirations. For example, climate variability and change are affecting critical sectors such as agriculture, livestock, forest, water resource management, and coastal zone development. At the same time, Nigeria has a significant potential to contribute to global efforts to reduce the emission of greenhouse gases (GHGs). With the right combination of better knowledge, enhanced governance of climate- related policies, and international funding for climate action, Nigeria could make its development more climate-resilient, and pursue a range of win-win options to reduce emissions while at the same time spurring growth. For these reasons, to help the country put in place a strategic framework for reducing the longerterm climate-related challenges, the government requested that NEWMAP includes a dedicated component aimed at assisting the country to address the broader climate change agenda. Outcomes focus on providing tools and approaches for government to become better equipped to respond to climate change; and on supporting demonstration projects on the ground to test the viability and scaling-up potential of low-carbon development options. Activities to be financed under this component will consist primarily of technical assistance, to be delivered through consulting services, procurement of goods (e.g. IT equipment, software), workshops/consultations, and knowledge sharing via publications, web-sites, etc; and small civil works/ goods for the implementation of demonstration activities. Eligibility and priority criteria for financing demonstration sub-projects, acceptable to the Bank, will be included in the project implementation manual (PIM). Sub-component 3A. Strengthening the strategic policy and institutional framework: Activities include institutional development and capacity building in support of the FGN and its framework for climate action, including institutional development and capacity building in support of the FGN, including the National Climate Change Commission (once established), to manage and act upon data and information on climate change, integrate climate risk and low carbon into policies and planning, and facilitate the mobilization of international and national resources for climate action. In addition, the project will strengthen the capacity of federal institutions in key climate- vulnerable sectors to design and implement climate-resilient development activities, including planning and climate-screening of water infrastructures, identification and design of triple wins agriculture management options (higher productivity, higher climate resilience, reduced 18

19 carbon emissions), development of financial instruments to manage climate risks. Sub-component 3B. Promoting low carbon development. The project will support the development of an enabling framework for renewable energy, including incentive frameworks for private sector investments, feed-in agreements for small and medium scale renewable energy production; upgrading the knowledge base on on-shore and off- shore wind potential; feasibility studies for large-scale renewable plants (for example wind and concentrated solar), and demonstration projects of off-grid, low-carbon technologies to provide access to energy in rural areas (e.g., hybrid systems: solar/wind/diesel). Component 4: Project Management This component aims to ensure efficient delivery of project resources and document results, the objective of this component will finance goods, equipment, staff, travel, and consultant services for the following activities: (a) project management and coordination at federal and state levels, including procurement and financial management; (b) social and environmental safeguards management and oversight; (c) strategic project communications and outreach; (d) project M&E, including two Mid-Term Reviews; and (e) an impact evaluation fully integrated into M&E arrangements that will help build replicable intervention models early during implementation. The M&E system will address input-output, process and outcome monitoring. Impact evaluation will examine the causal impact of the project and its interventions on key outcomes. M&E and impact evaluation will be used to reinforce and help build a multistate learning platform on erosion and watersheds and inform adaptive project management and improvement of next- generation site intervention designs that can be replicated inside and outside the project. Credit proceeds cannot be used to fund salaries or bonuses of civil servants. The activities of component I will involve civil works in specific intervention sites that is, construction of drainage works and/or rehabilitation of gullies, construction of reinforced chute channel, cutting/filling of parts of the gully to reduce the drop and re-vegetation of the area. This could result in the acquisition of land or displacement of families, business or public infrastructure. Land acquisition will occur also because of the need to create access to the movement of trucks to the site during civil works as well as equipment and material camp site. Involuntary displacement of persons living within 8 meters to the gullies is anticipated due to the unsafe condition of the present environment to the dwellers; thus triggering the World Bank OP/BP 4.12 Involuntary Resettlement. Similarly, the civil works also triggers the operational policy 4.01 (Environmental assessment) In view of the above, NEWMAP had at the time that specific project sites had not been identified prepared two major safeguard frameworks namely: the Environmental and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF). The ESMF outlines the principles and procedures that would be followed to ensure that implementation of NEWMAP meets with the existing EIA law in Nigeria and 19

20 World Bank Safeguards policies. It specified the procedures to be used for screening, preparing, approving and implementing site specific projects of intervention. The RPF was prepared as a tool during the programme formulation, design, implementation and monitoring to serve as a guide for preparing site specific resettlement action plan (RAP), abbreviated resettlement action plan or land acquisition plan (LAP) as may be applicable to specific sites. It sets out the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the project-affected people, and specifies the contents of a RAP/LAP for each package of investments. Whereas the ESMP prepared is the desirable instrument for addressing environmental assessment for a category B project for which NEWMAP sub-projects have been classified, RAP is the most desirable instrument for addressing involuntary resettlement issues. 1.4 Justification for the Preparation of RAP NEWMAP has been classified as Category A and the activities of Component 1 will involve civil works in specific intervention sites that is, construction of drainage works and/or rehabilitation of gullies. This could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 Involuntary Resettlement Under the World Bank Safeguard Policy, OP/BP 4.12, a project is classified as an Abbreviated Resettlement Action Plan (RAP) if the number of people to be displaced or affected is less than 200, and land take is less than 10 percent of the total holding, it advocates for. However, the Bank has decided that a full RAP is required to guide the intervention process for this project, because of the significantly high level of social impact of land in the project participating States. 1.3 RAP objectives The specific objectives for this consultancy are to: Develop a resettlement plan in line with the provisions of Operational Policy (OP) 4.12 of the World Bank on Involuntary resettlement and Translate the criteria set in the RPF into concrete, time bound actions based upon actual displacement impacts, current values and consultations with PAPs One of the key objectives of WB s OP 4.12 is to ensure that a Resettlement Plan restores Project Affected Persons (PAPs) to conditions equal to or better than the pre-subproject situation. Other expected outcomes from this RAP include the development of measures to: 20

21 Avoid involuntary resettlement where feasible, or minimize it by exploring all viable alternative project designs. Implement resettlement activities as a sustainable development program providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Meaningful consultation with displaced persons, providing opportunities for them to participate in planning and implementing resettlement programs. Provide assistance for displaced persons to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. RAP requirements The basic requirements for an RAP are: A census survey of displaced persons and valuation of assets. Description of compensation and other resettlement assistance to be provided. Consultation with displaced people about acceptable alternatives. Institutional responsibility for implementation Procedures for grievance redress. Monitoring and evaluation and A time table and budget Socio-economic studies are an additional requirement for an RAP, when some of the PAPs are physically displaced. In such circumstances, measures for temporary and permanent shelter as well as livelihood reconstruction and other support are required. When this is required, the socioeconomic profiles of the PAPs are documented. However, this is not the case for this RAP as there no physical displacement. 1.4 RAP Approach and Methodology This RAP was prepared in accordance with World Bank safeguard policies and procedures; as well as the guidelines set out in the Resettlement Policy Framework developed by NEWMAP. It adopted procedures compliant with current best consultation approaches of Participatory Learning and Action (PLA) and standard WB guidelines. Additionally, it benefitted from past experiences in similar World Bank resettlement plans and inferences from the WB Sourcebook on Resettlement 21

22 Planning. The specific tasks accomplished followed the guidelines outlined in the Terms of Reference (TOR) developed by NEWMAP and the RPF. Towards developing this report, the following activities were carried out: Review of relevant background documents including Project description, Resettlement Policy Framework, previous correspondences and consultations with CDAs Study of thematic maps Stakeholders analysis In house meetings with NEWMAP Environmental and social/livelihoods safeguard officers In house meeting with Project engineer Engagement of House of Assembly representative for the area Town hall meeting in the community to sensitize and inform the receiving publics about the inception of the RAP as well as understand their expectations and concerns Walk-through the entire length of the Amuda-Achara road Evaluation of losses Focus Group Discussion with Community Development Association (CDA) members and Administration of Questionnaires to Project Affected Persons (PAPs) One on one interviews with Project Affected Persons (PAPs) The specific task items executed in this RAP are: Task 1: Task 2: Task 3: Task 4: Task 5: Project Planning and Preliminary activities Literature review Field Survey. Census of Affected Persons /Consultations. Socioeconomic survey Development of Resettlement measures, Compensation packages, vulnerable people, Grievance Redress, Institutional action plan, Budget, Monitoring and Evaluation plan, Cut-off date etc Report development Details are provided as follows: Project Planning and Preliminary activities Project planning and preliminary activities included Meetings with the Environmental and Social /Livelihood officers of NEWMAP as well as the Project engineer to obtain deeper understanding of the Project and relevant documents 22

23 Recruitment and training of field workers Mobilization, preliminary consultations and reconnaissance visit to the site Legal studies A legal survey was conducted to analyse the following: 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; 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 project; 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; Laws and regulations relating to the agencies responsible for implementing resettlement activities; 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 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 law and traditional usage Literature review Relevant documents were gathered and reviewed. These included: Project Appraisal Document (PAD) Project Implementation Manual (PIM) Resettlement Policy Framework (RPF) World Bank procedural manual on Involuntary Resettlement Engineering designs and tender documents World Bank's Safeguard Policies; Relevant State requirements and policy documents, conventions, Environmental Assessment Reports, etc Field work Data gathering involved: 23

24 Census survey covering a) Current occupants of the affected; b) Standard characteristics of displaced households; c) physical or economic; information on vulnerable groups or persons for whom special provisions may have to be made; and d) Land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, nontitle-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 project area; The collection of qualitative and quantitative information through the administration of structured interview schedules on all potential Project Affected Persons (PAPs) (such as business owners/concerns) identified along the corridor. Personal interview with stakeholders; community representatives, community and PAPs. Field observation activities which include detail documentation and pictorial account of infrastructures and social/health facilities identified along the corridor. Specially designed survey instruments utilized for the collection of study information from the different groups were: PAPs enumeration schedule and questionnaire Key-Informant Interview Schedule Focus Group Discussion (FGD) Guide Infrastructure and Facilities Identification Form. These are provided in the Appendices RAP deliverables are tied to the corresponding survey activities in Table 1 Table 1- RAP Deliverables and Implementation Approach RAP Deliverables/ Scope Provide description of the project. State RAP objectives Identify potential impacts Conduct socioeconomic studies Implementation approach Gathering and review of relevant data. Meetings with engineering and safeguards team Gathering and review of relevant data. Meetings with engineering and safeguards team Reconnaissance, team meetings, engineering consultancy, review of similar previous reports, import of best practices from similar projects Review of the existing literature and information relevant for the development of the RAP Recruitment and training of Project staff. Training/Orientation of Field Personnel Reconnaissance surveys and visits to potential project sites Public Consultations Questionnaire administration Key-Informant Interview 24

25 Legal survey Analyse Institutional framework Define Eligibility and Eligibility criteria and establish cut-off date Value Compensation losses Describe Resettlement measures Describe Grievance procedures Describe Implementation schedule Describe Organizational responsibilities Present Costs and budget Describe arrangements for Monitoring and evaluation Focus Group Discussion (FGD) Consultations Legal research/studies and consultations Literature review. Review of RPF and other relevant documents Review of PAD/PIM Consultations. Institutional capacity assessment tool OP 4.12 manual Current market cost survey of replacement items Review of RPF Consultations to identify cultural preferences of PAPs Technical expertise input on technically and economically feasible options Consultations to understand available judicial recourse as well as community/ traditional dispute settlement mechanisms Technical expertise input on affordable and accessible procedures for third-party settlement of disputes Consultations Technical expertise input Review of PAD/PIM Consultations Technical expertise input Market survey Consultations Technical expertise input Consultations Technical expertise input 25

26 2.0 PROJECT AREA AND DESCRIPTION The Project location is at Amuda Achara road gully in Isuochi - in Umunneochi LGA. Section 3 provides a more concrete characterization of this area Project location Nature and Cause of Gully Map 1: Map of Abia state showing Project Location Typically, the root causes of gully erosion in Nigeria are (a) improper road design and construction, particularly inadequate drainage; (b) poor solid waste management in urban and peri-urban areas that chokes the already inadequate drainage meant to prevent erosion; and (c) destructive and unsustainable landuse practices that remove protective vegetation cover including protective biodiversity and carbon rich areas, or disturb the fragile soil, such as overgrazing, deforestation, cultivation of marginal lands, and uncontrolled mining for building material, and which are linked to poverty. The Amuda Achara road gully is a road gully in the 2 nd and 3 rd stages, which extends from the Timber Market in Isuochi along the Amuda Achara village road. It developed as a result of the abandonment of the construction of the Isuochi Umunze Road in 2008, leading to the scouring and abrasion of the poorly compacted imported earth by concentrated runoff. This abandoned project lacked drainage and was poorly compacted. This was further compounded by the fact that the topography of the area is very undulating with steady but steep slopes, which had been stripped of its natural vegetal cover after deforestation or clearing for the construction works. 26

27 Pic 1: Image of Amuda Achara Gully Site This problem is further amplified by climate change, which is typified in this area by increasing rainfall intensity. Recent regional climate modelling suggests that rainfall will become more intense in southern Nigeria basins, by as much as 80% by Each unit increase in rainfall intensity results in up to twice the historical rate of erosion and greater vulnerability to landslide risk. Climate-related disasters already affect Nigeria s economy and society, as evidenced by the 2010 floods which displaced over 2 million people. Topography The project site is characterized by rolling terrain and steep slope with less than moderate vegetal cover, reddish-brown soil grading into yellowish whitish sand derived from sand stones. 2.1 Proposed Engineering/Construction works The major construction works shall involve the re-construction of the Amuda- Achara road, which is about 2 km in length. The drainage channels shall be 1m high and 0.55m wide. The road shall be about 8m wide, with a setback of at least 10m for watershed management. Construction activities shall involve: Land take Site-clearing Excavation with heavy equipment Grading, levelling, and compacting soil; Backfilling Construction of drainages 27

28 Compaction with heavy rollers Others Heavy equipment with vibratory capacity to destabilize weak structures include excavators, skid steers, dump trucks, paving machine, vibratory drum roller and hand compactors 28

29 3.0 SOCIOECONOMIC CHARATERISTICS Generally speaking, an elaborate socio-economic study is not required for an ARAP. However, a socioeconomic profile is provided in this section, mostly from the review of existing literature from a generic point of view 3.1 Introduction The socio-economic profile of the Project s socioeconomic sphere of influence is provided below. This includes the administrative setup, demographic characteristics and livelihoods base. 3.2 Administrative setup The Project area is in Abia state. Abia State is in south eastern Nigeria, with the capital at Umuahia. There are four densely populated regions in Abia State, namely Aba, Bende, Isuikwuato, and Afikpo, from which the name "Abia" was coined. Aba was formerly a British colonial government outpost. The state was carved out of Imo State in It is one of the constituent states of the Niger Delta region. 3.3 Ethnic composition People of the Project area are of the Igbo ethnic group - who predominates much of the South eastern part of Nigeria. The traditional language is Igbo. English is widely spoken and serves as the official language in governance and business. 3.4 Religion The affected communities are predominantly Christians. 3.5 Governance In 1999 Nigeria became a democracy. The State Government is led by a democratically-elected executive Governor who works closely with an elected State House Assembly. There are Seventeen (17) local government areas (LGAs). These are Aba North, Aba South, Arochukwu, Bende, Ikwuano, Isialangwa north, Isialangwa south, lsuikwuato, Obingwa, ohafia, Osisioma, Ugwunagbo, Ukwa east, Ukwa west, Umunneochi, Umuahia north and Umuahia south Umunneochi is a Local Government Area of Abia State, Nigeria. Its headquarters are in the town of NkwoaguIsuochi. Nkwoagu is in Amuda and was originally inhabited by the Europeans because of its beautiful scenery. It therefore serves as the political rallying point for Isuochi and presently Umunneochi people. The other towns in Amuda are Umuogele, Umucha, Umumeze and Umurehihie. 29

30 They have since been re-organized with their traditional heads known as ndieze while the chiefs are eze-in-council. COMMENT: Consultation to his royal majesty and his cabinet i didn t see where you mention it or any picture showing that. The villages have their traditional rulers known as Ndi-Eze and their cabinet members, the governing traditional ruler is ochi 1 of Isuochi HRM ezekwesiri 3.6 Demographic characteristics The population density distribution map of Abia State shows that Umunneochi Local Government Area has a population density of about 1000 persons per square kilometre. The National Census of 2006 counted 35,145 households and a total of 163,119 persons in Umunneochi LGA. Males were 82,032 (50.2%) while females were 81,087 (49.8%) - equal to the men. Male Femal Figure 3-1: Pie Chart showing Gender Distribution in Umunneochi LGA 3.7 Livelihoods base and Income Source: National Census of 2006 Majority of the affected population are farmers and traders. Others combine farming with salaried jobs, including work in the public service (in the LG council, schools), local parish churches and technical artisan services. The Amuda Achara axis boasts of the most concentrated production centre for cashew trees. Other crops are palm oil, plantain, banana and cassava. Furthermore, there are other known land based economic activities in the area such as lumbering and hunting, which accounts for why much of the bush meat eaten in the cities come from this area. The majority of the farmers have small holdings, earning a range of N80,000 to N250,000 annually. However there are some privileged families/land owners that have large expanses of agricultural land of several hectares, where 30

31 plantations are planted. Such plantation owners commonly have multiple investments, such as timber market that combine to fetch them larger incomes ranging from N800,000 to N1,5000,000 annually. The income earnings and gender of the two PAPs are provided in the table below. Table 3.1 Gender and Income of PAPs SEX AGE OCCUPATION Female 63 Farming Male 58 Pastor and farmer 3.8 Household Characteristics Average household size in Abia state is 5.2, which is a little lower than the average for Nigeria (5.8) (Harmonized Nigeria Living Standard Survey (HNLSS) 2009/ Literacy level Seventy six per cent of Abian s can read a simple letter in English language while 23.4% cannot. About 20% did not attend school, while the majority (43.8%) attended primary school and 29% attended secondary school. Only 6.7% attended tertiary institutions of learning Table 3.1 Percentage of Persons by Highest Grade of Education Completed None Nursery Primary Secondary Post-secondary National Abia state Source: Harmonized Nigeria Living Standard Survey (HNLSS) 2009/ Housing Having been a colonial headquarters, housing in Abia had since advanced past the use of traditional materials such as mud and thatch. The use of modern concrete, corrugated iron sheets for roofing and cement block walls is predominant. As shown in Tables 3-2 to 3-4 below, Abia state surpasses the national average in modern building materials. 31

32 Table 3.2 Percentage Distribution of Households by Type of Material used for Walls NATIONAL ABIA Mud Stone Burnt bricks Cement or concrete Wood or bamboo Iron sheets Cardboard Other Table 3.3 Percentage Distribution of Households by Type of Roofing Material NATIONAL ABIA Mud or mud bricks Thatch Wood or bamboo Corrugated iron sheets Cement or concrete Roofing tiles Asbestos Other Table 3.4 Percentage Distribution of Households by Type of Flooring Material NATIONAL ABIA Earth or mud Wood or tile Plank Concrete Dirt or straw Sources of lighting Sixty eight per-cent (68%) of households depend on kerosene for lighting, while only about 30% depend on the national grid Table 3-5 Percentage Distribution of Households by Source of Lighting NATIONAL ABIA Kerosene Gas

33 NATIONAL ABIA Mains electricity Generator Solar panel Battery Candles Firewood Other Source: Harmonized Nigeria Living Standard Survey (HNLSS) 2009/ Sources of drinking water The main source of drinking water in Abia state is the tube-well or borehole, which accounts for 63% of the households. This is followed by fetching in rivers and ponds, which account for about 25%. Despite the availability of boreholes in Amuda, the project affected persons still have a special preference from the local streams, which they claim to have healing power. Table 3-6 Percentage Distribution of Households by Main Source of Drinking Water NATIONAL ABIA Water Piped into dwelling Piped into yard Public tap Tube well or borehole Protected dug well Unprotected dug well Protected spring Unprotected spring Collected rain water Tanker truck Small tank or drum Surface water Bottled water Sachet water River or Pond Other Source: Harmonized Nigeria Living Standard Survey (HNLSS) 2009/10 4. LEGAL AND POLICY FRAMEWORK 4.1 Introduction 33

34 The resettlement mitigation and compensation policy determines who is eligible to get what. This legal framework lays out the basic rights and privileges of PAPs, particularly regarding who is eligible for compensations and other assistance; and what they are entitled to. It is built on the extant policy, legal, regulatory and administrative frameworks governing resettlement at both local and federal levels as well as the World Bank s requirement on resettlement as stipulated by OP 4.12 These resettlement guidelines are provided below. 4.2 Resettlement guidelines This RAP shall be guided by World Bank Policy OP 4.12 on Involuntary Resettlement as well as the land and environmental laws of Nigeria. Where there are gaps between the Nigerian and the World Bank Policies, especially regarding PAP compensations and rights, then OP 4.12 or the more people friendly of the two provisions will take precedence. The provisions of Nigeria resettlement laws and OP 4.12 are presented below Resettlement guidelines by Nigeria law Land ownership in Nigeria is subject to a range of diverse cultural and traditional practices and customs. Claimable land can be classified according to the following broad categories: Community land: or land commonly referred to as ancestral land, is owned by all the people. 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 The legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978, reviewed under Cap 202, The relevant Bank policy (OP) 4.12 was adopted in The differences between the Land Use Act and the Bank s OP mostly concern rehabilitation measures, which are neither proscribed nor mandated in the Act. Land Use Act of 1978 and Resettlement Procedures The Land Use Act Cap 202, 1990 Laws of the Federation of Nigeria is the key legislation and applicable law regarding ownership, transfer, acquisition and all 34

35 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; who holds such parcel of land in trust for the people and government of the State. According to this act, the administration of the urban land is vested in the Governor, while the administration of rural land is vested in the Local Government Councils. At any rate, all land irrespective of the category belongs to the State while individuals only enjoy a right of occupancy as contained in the certificate of occupancy, or where the grants are deemed. The 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 not more than 500 hectares for agricultural purpose and for not more than 5,000 for grazing. Furthermore, the LG 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. The State is required to establish an administrative system for the revocation of the rights of occupancy, and payment of compensation to 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). 35

36 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 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. Based on these definitions, compensation is not payable on vacant land on which there exist no physical improvements resulting from the expenditure of capital or labor. The compensation payable is the estimated value of the unexhausted improvements at the date of revocation. The provision of section 6(5) of the Act, makes compensation payable to the holder and the occupier according to their respective interests. Again the Land Use Act provides in section 30 that where disputes arise over the amount of compensation estimated with the provisions of section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee. Section 47 (2) of the Act implies that no further appeal lies beyond the decision of such a committee. 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. 36

37 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 that outlined in paragraph (ii) above and any interest payable shall be computed in like manner World Bank Resettlement Guidelines OP 4.12 applies best means of restoring the livelihoods of people affected by the implementation of the project. It insists that resettlement should seek to improve the livelihoods of the affected, especially vulnerable people; or minimally restore it to pre-project status. In this regard, the OP 4.12 specifies that resettlement compensation and assistance should be offered to all displaced persons regardless of the total number affected, the severity of impact, and whether or not they have legal title to the land. In particular, the OP 4.12 indicates that compensation should be made to the following three categories of affected population: Those who have formal rights to land, including customary and traditional rights recognized under the local laws Those who do not have formal rights to land at the time the census began but have a claim to such lands or assets, and Those who have no recognisable legal right or claim on land they are occupying. OP 4.12 aims to ensure that: Project Affected Persons (PAPs) are being offered choices including alternative relocation options that are technically and economically feasible to them and are culturally appropriate. Preferences are given to land-based resettlement strategies of the displaced people whose livelihoods are land-based and are indigenous. Such strategies must be compatible with their cultural preferences and should be prepared in consultations with them. When the impacts require physical relocation, the compensation measures must include provision of assistance during relocation (moving allowance), residential housing or housing sites that are at least equivalent to the old site in terms of productive potential and location advantages. 37

38 Resettlement should include measures to ensure that the affected people are offered support for a reasonable transition period based on the estimate of time required to restore the original level of their livelihoods and standards of living. The affected people should also be provided with development assistance for losses incurred. Particular attention should be paid to the needs and concerns of the poor and vulnerable groups including the landless, women, and children including the elderly, ethnic minorities, and indigenous compensation. Compensations must be made in cash or in-kind depending on the preferences made by the affected people. They should be made promptly, in form of a single payment and shall be at a market value agreed to between willing buyers and sellers, which shall be considered as full replacement cost for the lost assets Cash compensation for lost assets may be appropriate under the following circumstances: Where the livelihoods are land based, but the land acquired by the project is a small fraction of the affected asset and the residual is economically viable. Where there is a sufficient supply of land, housing and labour which can be used by the displaced person; and Where the livelihoods are not land based Regarding public consultation and disclosure, the OP 4.12 indicates that: The affected people should be identified and informed about their options and rights in regard to resettlement and should be given the opportunity to participate in planning, implementing, and monitoring of the relocation activities. A census of the affected population and broad consultations in the affected communities should be undertaken in order to not only identify those to be affected, but also to discourage inflow of people not eligible for assistance. Participants in the consultations must include community leaders, NGOs, CBOs and other interest groups active in the project area. 4.3 Comparison between Land Use and Bank OP 4.12 The Bank's OP4.12 is pro-poor and seeks to ensure that PAPs have a voice, a choice and are adequately taken care of, whether or not they have legal title to the land they occupy, as long as they occupied the land before the cut -off date. For Bank funded projects, the principles of OP 4.12 are not negotiable and must be adhered to. As a result, 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. Where, there is conflict, the Bank OP 4.12 must take precedence. 38

39 Table 4-1: Comparison of Land Use Act and World Bank OP 4.12 regarding Compensation Category of PAPs/ Type of Lost Assets Land Owners Cash compensation based upon market value. Land Tenants Entitled to compensation based upon the amount of rights they hold upon land. Land Users Not entitled to compensation for land, entitled to compensation for crops. Owners of "Non permanent" Buildings Owners of "Permanent" buildings Nigerian Law World Bank OP 4.12 Cash compensation based on market value. Cash Compensation is based on market value. Recommends land-for-land compensation. Other compensation is at replacement cost. Are entitled to some form of compensation whatever the legal recognition of their occupancy. Entitled to compensation for crops, may be entitled to replacement land and income Livelihood must be restored to pre-project levels at least. Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement. Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement. 4.4 Abia NEWMAP compliance obligations Abia NEWMAP shall comply with the World Bank Policy Objectives; as well as the provisions of the RPF and this RAP document, accepting that all affected persons are equally eligible for compensation and rehabilitation assistance, irrespective of land ownership status. In addition, Abia NEWMAP shall ensure that: The compensation packages reflect replacement costs for all losses Compensation and relocation will be satisfactorily completed before the commencement of civil works. Affected persons will be systematically informed and consulted about the project Deploy adequate community livelihoods improvement initiatives to ensure that those affected by the project shall be at least as well off, if not better off than they would have been without the Project. 39

40 5. RESETTLEMENT IMPACTS 5.1 Introduction Provided below are the: Identified site specific displacement potentials Measures to avoid unnecessary disruption and displacement Inventory of losses and Census of affected persons 5.2 Identified Site Specific Displacement Potentials Massive involuntary displacement is not envisaged. Also it is not envisaged that the project that will lead to the acquisition of protected areas (PA) or community resource management areas. The gully site /Amuda- Achara road starts from Amuda market with stalls on both left and right sides. Fifty meters from the market, there is a timber market. However, the entire length of the road is mostly through farms, until the Achara end, where there are residential buildings along both sides of the road, including a school and a church. With best engineering practices, losses are expected to be minimal or absent through the farms as the previous road construction had claimed adequate setback, which shall be more than enough for the proposed construction works, especially at the upper route from Amuda where the actual gully exists. The measures to prevent unnecessary losses are provided in section 5.4 below. Identified displacement potentials of Amuda- Achara gully are presented below Loss of physical structures Damage to physical structures such as market stalls and houses at the Achara end could occur from claiming the required road setback of 10m from the beginning of the road. Additionally, structures such as fences and walls could be damaged or cracked by the vibrations caused by heavy construction equipment such as excavators, skid steers, dump trucks, paving machine, vibratory drum roller and hand compactors In the absence of best engineering practices to avoid displacement, damage to buildings /physical structure are likely at: The frontage of 25 shops in the Community market at the Amuda end of the road and drainage construction works Church extension into ROW at the Achara end 40

41 Pic 2: Church extension into ROW at Achara end Loss of economic plants The potential loss of perennial economic trees (Mango, Breadfruit and oil palm) and a few scattered banana/plantain stumps by two PAPs was identified at the Achara end of the project, where the ROW claimed by the previous abandoned works had constricted. These include: Two clusters of plantain, amounting to 15 stands 16 young oil palm trees 1 breadfruit tree Pic 3: Plantain and some palm trees could be trampled upon by construction equipment 41

42 5.2.3 Potentials for Business disruption In the absence of best engineering practices (Section 5.4), access to markets could be disturbed and normal trading activities disrupted during construction works Potential Loss of Land Loss of land could arise from the government taking land from families and individuals for overriding public interest i.e. for contractor s camp, sand and laterite quarries etc. Furthermore, according to the RPF: It is not inconceivable that NEWMAP may create protected areas that will serve as erosion control measure. This could include the creation of areas to enhance ground water recharge or dedicated catch basins. In such situation persons who have settled in such areas or who use resources from them (e.g. quarries, sand mining, hunting, and fishing) will be compensated. However, so far, land take for any of the above stated activities have not been indicated in the Project activities being carried within the scope of this RAP. It is expected that when such situations arise, an RAP addendum shall be carried out the verify the actual extent of land acquisition requirements, especially for the contractor s camp, sand and laterite quarries 5.3 Measures to avoid displacement Much and possibly all the displacement potentials identified could be avoided or minimized by aligning and complying with the WBs OP 4.12, which insists that resettlement issues are settled and PAPs relocated before demolition and physical displacement can take place. The foremost objective of OP 4.12 is to avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs. In the course of developing this RAP, measures to avoid displacement were identified through: Meeting with project engineer to seek all possible alternatives to avoid displacement and physical examination of possibilities during site visits Interviews with key community members Identified measures to avoid displacement are: Maintain the alignment of the previous road to avoid major damage to the Assemblies of God Church extension at Achara; or minimize it to the barest minimum. This will require winding the road in a curve, which is desirable for the drainage system because it helps slow down the speed of flow and reduces the impacts of erosion at the point of discharge Limit land take to the specific requirement for road construction, stabilization and maintenance. Specifically, limit the setback to what was taken for previous road construction 42

43 Careful use of heavy equipment or alternately use of lighter equipment in sensitive areas Preservation of access to markets during construction Adequate notice/notification will prepare potentially affected people to better manage the potential disruption of marketing to their best advantages. In this light, pre-construction meetings should be held to discuss options, such as the temporary use of the open space by the market for trading. 5.4 Inventory/Summary of losses Given adequate compliance with the measures to avoid displacement above, the following displacement impacts shall be avoided: Disruption /access to market activities Disruption /access to timber market Damage to market frontages Major damage to church extension at Achara The anticipated residual resettlement impacts after diligently avoiding unnecessary damage and disruption are summarized as follows: Loss of two clusters of plantain, amounting to 15 stands Loss of 16 young oil palm trees Loss of 1 breadfruit tree Minor damage to church extension 5.5 Census of Affected Persons There were 2 persons affected, a male and a female. Details are provided in Appendix 1 43

44 6 RESETTLEMENT ENTITLEMENTS 6.1 Introduction The eligibility criteria, entitlements and cut-off date are presented below. 6.2 Eligibility criteria The eligibility criteria for resettlement/relocation are clearly set in the RPF previously developed for NEWMAP. Recognized categories of potential PAPs that would be eligible for restitution are: Farmers whose crops are destroyed within the setback of the ROW of the Isuochi- Achara road, whether they are the owners of the land or not PAPs whose physical structures are affected by the Project activities Land owners whose land is leased or otherwise acquired for the purpose of construction camp, sand and laterite quarries Land users or owners whose property or crops shall be destroyed or relocated for the purpose construction camp, sand and laterite quarries 6.3 Entitlements Table 6.1 below (Entitlement and Compensation Matrix) provides clear guidance on what each category of PAP is entitled to. Table 6-1: Entitlement and Compensation Matrix Type of Loss Category of Person Description of Entitlement 1. Permanent loss of land 1.1 Cultivable/residential /commercial land 1.1 (a)legal owners of land (b)occupancy/hereditary tenant 1.1 (a) Land for land compensation is preferred priority, or Cash compensation at replacement value based on market rate plus 10% compulsory acquisition surcharge as second option (b) & (c) Compensation will be paid plus a onetime lump sum grant for restoration of livelihood and assistance for relocation.. 2. Loss of income and livelihood 2.1. Temporary loss of access to land for cultivation 2.1.Cultivator land occupying 2.1. Estimated net income for each lost cropping season, based on land record averages of crops and area planted in the previous four years 3. Permanent loss of Structures 3.1. (a)owners of the structures whether or not 3.1. (a) Cash compensation for loss of built-up structures at full replacement costs 44

45 Type of Loss Category of Person Description of Entitlement 3.1 Residential and commercial structures the land on which the structure stands is legally occupied (b) Renters (b) One-time cash assistance equivalent to 12 months rent moving to alternate premise. Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates Cultural, Religious, and community structures /facilities Town Hall, church 4. Special provision for vulnerable PAPs 4.1.Restablishing and/or enhancing livelihood 4.2 Change in Livelihood for women and other vulnerable PAPs that need to substitute their income because of adverse impact 3.2. Community 4.1 Women headed households, disabled or elderly persons and the landless 4.2. (a) Vulnerable PAPs, particularly Women enrolled in a vocational training facility 4.2. (b) owner/s whose landholding has been reduced to less than 5 acres 3.2. Complete rehabilitation/restoration by the Project; or, Cash compensation for restoring affected cultural/community structures 4. Needs based special assistance to be provided either in cash or in kind. 4.2 (a) &(b).restoration of livelihood (vocational training) and subsistence agreed rate per day for a total of 6 months while enrolled in a vocational training facility 6.4 Summary of compensation packages The proposed compensation packages are as follows: Pay full compensation for repairs of damaged structures to cover all proven expenses incurred, including materials, transportation etc at current market rate Land replacement or full cash compensation for loss of acquired land Full compensation for 3 years production for perennial economic trees A (1) full year s production of annual crops 6.5 Cut-off date 45

46 In every RAP, there is the likelihood that when compensation and assistance to PAPs commences, non-eligible persons will approach to make unfounded claims. Therefore, adequate notification is given during the period of the socioeconomic survey and census and a date is set- usually as soon as the survey ends, beyond which no new claims are accommodated in the RAP. Claims that emerge after this date are referred to the Grievance Redress Committee. The cut-off date for this RAP is set at March 15, 2014 when the socioeconomic survey ended. 46

47 7 RESETTLEMENT IMPLEMENTATION ARRANGEMENTS In line with the World banks OP 4.12, PAPs should be resettled or compensated before existing properties are taken or demolished. Resettlement activities shall be implemented in the following steps: RAP disclosure Establishment of Resettlement Committee Documentation Interagency engagement PAPs engagement, notification, agreement, accreditation and sign-off Disbursement of compensations Establishment of Escrow Account These are further discussed below. 7.1 RAP Disclosure Abia NEWMAP will organize the presentation of this report to the various stakeholders (trade unions, traditional leaders, NGOs, ministries and other governmental agencies). In addition, the report will be displayed at strategic public places including local government secretariat, government offices and selected libraries for review and possible comments. The comments will be reviewed and incorporated in the final report that will be submitted to Abia NEWMAP. 7.2 Establishment of resettlement committee A Local Based Resettlement Committee shall be inaugurated, which will comprise of: Abia NEWMAP Safeguard/Livelihoods officers LGA Chairman Abia NEWMAP financial officers and auditor Selected representatives of the Community Project Committee Selected political office holders in the senatorial district Selected PAPs NEWMAP Safeguard/Livelihood officer shall drive the process and serve as secretary to the committee. The list of committee members shall be drawn by the Abia NEWMAP Safeguard officer and be presented to the entire management for 47

48 fine-tuning and ultimate approval. Recommendations shall be based upon a documented stakeholder analysis of community and local players. Factors to be considered are the previous contribution of the party towards the resettlement plan and peace keeping, local influence and capacity to mobilize as well as the positive or negative potentials to affect the successful implementation of the plan. 7.3 Documentation The RAP implementation team will verify the authenticity of each PAP as stated in the register and ascertain that every identity card holder is correctly documented in the register. A compensation dossier shall be completed for each PAP, which will contain necessary personal information, passport photographs, inventory of assets affected, types of compensation and information for monitoring their future situation. Adequate photographs and other evidence shall be recorded before demolition takes place. 7.4 PAPs engagement, notification, agreement, accreditation and sign-off All project affected persons shall be provided with identification cards containing (i) the name of PAP, (ii) address, (iii) business type, (iv) issuance date, (v) verification code and an (vi) embedded number. The provision of the identification cards on request makes them eligible for compensation and/or assistance. Names of eligible PAP s will be conspicuously displayed in affected areas and copies of the list will also be sent to the community head and other appropriate stakeholders. The safeguards officer shall arrange a meeting between the Resettlement Committee (RC) and affected PAPs, where the RAP implementation plan dates and schedules shall be discussed and accepted. Compensation agreements and the grievance redress mechanisms shall be explained to the PAPs in understandable language. The minutes of this meeting shall be documented Agreement papers shall be prepared for each PAP, which will be given to them to read, preferably in the presence of their advocates or/and Witness NGO; after which each PAP shall sign off on the agreement. 7.5 Disbursement of compensations The Project Coordinator (PC) shall set up a committee that will carry out payment and compensation. This team will consist of NEWMAP s Safeguards/Livelihood and Environmental officers; accountant, legal officer, a social safeguard expert and witness NGO as well as LG representative. 48

49 Additionally, this team could include NEWMAP s audit officers, Public Relations officer/consultant and others as best thought by the PC. Procedures shall be photo-documented and video-covered Adequate notice and information will be made available to all affected persons before payment. Such information will include: Dates and locations of payment List of eligible people and amount Mode of payment Payment will be made either in cash or by Bank cheque. The use of both modes of payment is adopted in order to easily accommodate literate PAPs (who could make bank transactions) and others who may not easily transact with the bank. In the event that an individual is absent during payment, the compensation committee will communicate a new date of payment to such PAP(s). 7.6 Establishment of Escrow Account Abia NEWMAP shall establish a special account escrow account for compensation of potential losses yet to be assessed. Specifically, these include the compensation for potential losses of land and crops from acquisition of lands for the Contractor s camp and sand and laterite quarries. 7.7 Interagency cooperation Abia NEWMAP shall engage all the relevant supportive agencies and NGO accordingly and as at when due. These will include Local Government Authorities, Ministry of Land, Ministry of Environment and Ministry of Physical Planning through their special designated units. They will collaborate with NEWMAP in playing special roles such as provision of disclosure points, information dissemination, consultations, negotiation, consensus building, evaluation and assessment of the resettlement action plan and monitoring. The Witness NGO and PAPs advocates shall ensure that fundamental rights and entitlement of PAPs, especially the less informed ones are properly respected and honoured. 7.8 Assistance to vulnerable persons The two PAPs identified did not fall into the category of persons considered as vulnerable by reason of age, health, gender, education or income base. However, 49

50 in the course of work, identified vulnerable persons (VPs), especially the aged and frail, shall enjoy the privilege of priority handling. Specifically: The VP shall be invited to receive supplementary assistance before other PAPs; VP shall be given priority attention during processes for payment of compensations, allocation of new premises etc The VPs with grievances shall be handled before others; VPs shall be clearly marked for assessment during implementation monitoring. 7.9 Institutional Responsibilities for Resettlement Abia NEWMAP is primarily responsible for the commitments made in this RAP. Responsibilities shall be delegated internally by the PC to specific units within the agency, such as safeguards, engineering, monitoring and finance departments. Specific units and staff shall be assigned to clearly defined roles associated with the RAP implementation, including impact minimization, inventory preparation and confirmation, consultation and feedback, compensations, as well as monitoring and reporting. Furthermore, Abia NEWMAP shall work together with other relevant institutions to ensure the effectiveness and efficiency of the RAP implementation process.these institutions are: The Ministry of Environment The Ministry of Works The UmunneochiLocal Government Authority (LGA) Witness Non-Governmental Organization (NGO) or PAPs Advocates The core officers which are directly responsible and accountable for the implementation of this RAP are the PC and social safeguard/livelihood officer of Abia NEWMAP. Others are the legal, accounts and M&E units. Abia NEWMAP Project Coordinator (PC) All internal units of Abia NEWMAP as well other relevant agencies that will be involved in the resettlement will work under the overall direction of the projects Project Coordinator. Social safeguard unit of ABIA NEWMAP The core responsibilities for the RAP implementation will rest with the social safeguard unit of Abia NEWMAP. Specific roles include: 50

51 Facilitating stakeholder consultations, including PAPs, community leadership, unions and/or others as applicable Facilitating liaison with communities, government agencies as well as the local government department. Independently monitoring and RAP progress and promptly reporting to the PC on resettlement progress. Identify problems and propose solutions to Project director. Timely information dissemination: ensuring that PAPs, communities, WB and other stakeholders are adequately and promptly informed Work to ensure adequate logistics for the RAP implementation team; Keep accurate records of resettlement and compensation data and ensure consistent update of the information; Develop effective reporting and internal monitoring systems and solve problems promptly; Legal unit The Legal unit shall oversee all legal functions including advisory services for resolution of grievances, verification for compensation and drafting of legal agreements with affected parties, local government authorities etc. Accounts unit The Accounts unit shall process payments to the affected people and ensure proper accountability throughout the project life circle Measures for Strengthening Organizational Capability The safeguard unit of ABIA NEWMAP has personnel well trained in RAP. It is the responsibility of this unit to ensure that all identified members of the implementation team are trained prior to implementation of resettlement and compensation. The training programme shall cover the following; The OP 4.12 of the World Bank and other World Bank operational policies on environment; Relevant Nigerian laws and policies relating to land acquisitions and resettlement; Brief on the socio-economic survey report on the roads and junctions; Compensation and supplementary assistance in the report; Discuss implementation plan and adopt the implementation plan in the RAP report; Designate specific roles and responsibilities to all members. 51

52 8 GRIEVANCE REDRESS 8.1 Basis Commonly, contentions of omissions and other displeasures may arise. Typical complaints that arise include: AP s not enlisted; Losses not identified correctly; Inadequate assistance or not consistent with the entitlement matrix; Dispute about ownership; Delay in disbursement of assistance; and Improper distribution of assistance A Resettlement Action Plan must provide an avenue for complaints, which provides simple, accessible, prompt, just and fair resolution of grievances, preferably at local and state levels 8.2 Grievance Redress Mechanism A sequence of five steps has been prepared by Abia NEWMAP to give aggrieved PAPs easy access to redress. The schema below shows the steps. Figure 7-1: Schematic Flow of Grievance Redress Mechanism PAP Not satisfied /seeking redress RAP Field Implementation Team If Not addressed Issues addressed Project coordinator/grievance Redress Committee If Not addressed Issues addressed Technical Committee- chaired by PS Environment If Not addressed Issues addressed NEWMAP State Steering Committee - Chaired by Commissioner for Environment, 52

53 The 5- step sequence is further elaborated as follows: Step 1: Dissatisfied PAP forwards complaints to Resettlement and Compensation Team The first step of this procedure is for the aggrieved PAP to make a complaint to the RAP implementation team. The RAP implementing team in this case is twotiered, the first tier being the In-house team, composed of the safeguard unit of NEWMAP and the Community Project Committee. Issues of misinformation and expectation management are easily tempered at this stage; and are usually tamed at field/community level. A log of such complaints shall be kept by the safeguard unit and treated formally, whether such a complaint is made orally, or in writing. Step 2: PC/ Resettlement/Compensation/Grievance Committee When community level mediation fails, complaints shall be presented to the Project coordinator and addressed by a Grievance redress committee constituted by him. This committee could be called the Grievance Redress Committee or Project Resettlement Committee; and shall be composed of: RAP Implementation Consultant Safeguards/Livelihoods officer of Abia NEWMAP Environmental safeguards officer of Abia NEWMAP Other senior officers of NEWMAP appointed by PC Appointed Witness NGO Representatives of appropriate Stakeholders in the area During the grievance redress meeting, the PAP or his/her advocate shall be duly represented. The functions of the Grievance Redress Committee are to look into the case promptly; recommend interim and long term support to affected persons; record the grievance of the PAPs; report to the aggrieved parties about the developments regarding their grievances and the decision of the Project authorities. Step 3: Intervention by State Technical Committee The State Technical Committee, chaired by Permanent Secretary of the Ministry of Environment shall intervene in PAPs grievances which cannot be resolved by the Grievance Redress Committee. Step 4: Intervention by NEWMAP State Steering Committee 53

54 Matters that cannot be amicably addressed at the level of the State Technical Committee are referred to the State NEWMAP Steering Committee, which is chaired by the Commissioner for Environment. Step 5 Reference to Court of Competent Jurisdiction Upon exhaustion of efforts by the GRC and State committee levels, PAPs would be advised to seek full legal redress in a court of competent jurisdiction. This option shall as much as possible be avoided, and only resorted to as a last option and worst case scenario. 54

55 9 MONITORING AND EVALUATION 9.1 Context of M&E Monitoring and evaluation (M&E) ensures that compensation, resettlement and development investments are on track to achieve sustainable restoration and improvement in the welfare of the affected people. Additionally, M&E verifies that entitlements are delivered promptly and complaints and grievances are followed up with appropriate corrective action. Monitoring will provide both a warning system for the project sponsor and a channel for the affected persons to make known their needs and their reactions to resettlement execution. Furthermore, it helps determine where and when course adjustments are needed. 9.2 Specific objectives The purpose of resettlement monitoring is to verify that actions and commitments described in the RAP are implemented. Specifically: Eligible project affected people receive their full compensation prior to the start of construction activities on the corridor; RAP actions and compensation measures are effective in restoring lost incomes, strengthening livelihood and sustaining (and improving) preproject living standards; Complaints and grievances lodged by project affected people are followed up and, where necessary, appropriate corrective actions are taken; If necessary, changes in RAP procedure are made to improve delivery of entitlements to project affected people. 9.3 Monitoring Framework The M&E framework, including the performance indicators for internal and output monitoring are provided in Table 9.2 below. Table 9-2 M&E Framework A. OUTPUT MONITORING FRAMEWORK AND INDICATORS A1. CONSULTATIONS/NOTIFICATION/AGREEMENT Domain /Sub-domain Indicator Method Period Manpower A1.1 Inauguration of resettlement Committees Minutes and records of meetings Community meetings, Consultation forums End of first week spot check Internal 55

56 A1.2 Negotiation and Agreement with PAPs Signed agreement forms One on one engagement End of week 2 Internal A2. REPARATION WORKS Domain /Sub-domain Indicator Method Period Manpower A 2.1 Prompt contractor reparation of damaged structures Number, % structures repaired Site verification Monthly Internal Complaints records Monthly Internal Engineering consultant report Monthly External Social safeguard auditor Third party confirmation Annually External A3. CASH COMPENSATION Domain /Sub-domain Indicator Method Period Manpower A 2.2 PAPs paid due compensation promptly A2.3 Grievance redress % eligible PAPs paid compensation Grievance log and reports RAP Implementation report Site verification Complaints records External audit Witness NGO report Complaints records External audit Witness NGO report End of month 2 or according to RAP schedule End of month 2 or according to RAP schedule Internal plus External Social safeguard auditor Internal plus External Social safeguard auditor B. IMPACT MONITORING FRAMEWORK AND INDICATORS B1. Reparation and compensation Impacts Domain /Sub-domain Indicator Method Period Manpower B1 Reparation and compensations impacts PAP satisfaction/complaints RAP Implementation report Site verification Complaints records External audit Witness NGO report End of RAP according to RAP schedule Internal plus External Social safeguard auditor 56

57 10 Resettlement Budget 10.1 Introduction /Budget summary The purpose of the resettlement budget is to ensure that adequate funds are set aside to compensate for potential losses. It is not binding that all of this amount should be disbursed if anticipated damages do not occur. A total amount of N369,000 is budgeted for the resettlement. This is mainly for the compensation for economic trees and reparation works on a potentially damaged structure. However, a special escrow account of N5,000,000 shall be set aside in lieu of land acquisitions for the sand and laterite quarries as well as the Contractor s camps, which are yet to be identified. The summary of the Project resettlement burden, valuation method and budget breakdown are provided below Project resettlement burden Given adequate compliance with the measures to avoid displacement above, the following displacement impacts shall be avoided: Disruption /access to market activities Disruption /access to timber market Damage to market frontages Major damage to church extension at Achara The anticipated residual resettlement impacts after diligently avoiding unnecessary damage and disruption are summarized as follows: Loss of two clusters of plantain, amounting to 15 stands Loss of 16 young oil palm trees Loss of 1 breadfruit tree Minor damage to church extension 10.3 Valuation methods Understanding the valuation methods provides the basis for justifying the values appropriated as compensations. Additionally, it informs the need for variation, if and when special circumstances require such. The principle adopted in the formulation of the compensation valuation is that replacement cost for lost assets 57

58 and income should be at the current market value such that affected persons will not experience net loss. This is in accordance with the Abia NEWMAP Resettlement principles and World Bank operational policy on involuntary resettlement, OP Valuation of Physical Structures Physical loss and works were estimated by current standard unit rate for building construction works. These Standard Units includes rates for (i) demolition and disposal (ii) block work (iii) concrete work (iv) roofing (v) woodwork (vi) doors and windows (vii) ceiling finishes and (viii) painting. Rates provided are inclusive of labor, supply and transportation to site, laying, loading and offloading, wastages, earth/filling compaction, tying wire and bending for iron rods; mixing, water for concrete works etc. These Standard Units for works, materials and transportation are provided in Table 10.1 Table 10-1 Valuation Rates Item Description of Item Unit Rate A Demolition and disposal m3 650 B Block Work m C Concrete Work m D Reinforcement Ton E Roofing M 1,000 F Wood-Work lin.m G Doors and Windows Aluminum sliding window Nrs 8, Flush door size 900mm x 2100mm high Nr 14,000 Local fabricated metal door size 900mm x Nr 25, mm high H Ceiling Finishes Asbestos ceiling board fixed to noggins m2 4,000 I Painting Preparation and application of emulsion paint on m2 800 walls Cost of Materials Nails Cement Fuel Roofing sheets Paint Sand Water N=1000/kg =N=2,500/bag = N=97/litre =N=800/sheet =N=900/gallon =N=4,000/ton =N=500/ 200litre Transportation 5 tonne truck N15000/trip Daily allowance for income loss 10 tonne truck N25,000/trip N5000 flat rate 58

59 Valuation of Economic Plants Damaged economic plants shall attract full compensation for 3 years sales for perennial economic trees and a full year s sales of annual crops. Current market values were derived from pricing these farm products in the local market. Derived estimates are provided in Table 10.2 below. Table Valuation of Assets Item Description of Item Unit Rate A Cashew Average produce of 3 tins per tree per N500 per tin N4,500 per tree for 3 years B Oil palm Average produce of 6 bunches per tree per N500 per bunch N9000 per tree for 3 years C Plantain Average produce of 6 bunches per m 2 N1500 per bunch N9,000 per m 2 farmland D Cassava Average produce of 3 stands per m 2 N3600 per m 2 N1200 per stand farmland E Breadfruit Average produce of N2500 per tree per year N7500 per tree for 3 years 10.4 Budget breakdown The budget breakdown is provided in Table 9.3 below. Table 9.3 Budget Breakdown S/N Item Description Rate Qty Amount (N) o 1 Loss of two clusters of plantain, amounting to N9,000 per m 2 10 m 2 90, stands farmland farmland 2 Loss of 16 oil palm trees N9000 per tree for 3 years 16 trees 144,000 3 Loss of 1 breadfruit tree N7500 per tree for years 4 Minor damage to church extension 15m3 60,000 TOTAL 369,000 It is expected that prompt payment of compensations shall address all issues of livelihood risk and restoration Escrow account An amount of N5,000,000 shall be set aside in a special account in lieu of land acquisitions for the sand and laterite quarries as well as the Contractor s camps, which are yet to be identified. 59

60 It is expected that a quick RAP addendum is carried out as soon as the specific sites are located. This RAP addendum will focus mainly on enumeration of lost farm produce or structures. 60

61 11 Consultations Consultations were carried out with PAPs, market associations, key staff of ABIA NEWMAP and supportive agencies, NGOs, political office holders in the locality, LG, and other key stakeholders to: Achieve buy in and cooperation of the Project Affected Communities Understand ABIA NEWMAP engineering Plan Understand actual circumstances surrounding land acquisition Identify measures to avoid displacement Understand PAPs preferences restitution Survey socioeconomic characteristics of PAPs Obtain support of relevant civil society associations Specifically, the following consultations were carried out: In house meetings with NEWMAP Environmental and social/livelihoods safeguard officers In house meeting with Project engineer Engagement of House of Assembly representative for the area Town hall meeting in the community to sensitize and inform the receiving publics about the inception of the RAP as well as understand their expectations and concerns Walk through the entire length of the Amuda-Achara road/gully site These consultations shed valuable insight into (i) the scope of construction works and land take; as well as (ii) the perceptions of the PAPs and community about the project. The Abia NEWMAP in-house RAP team had commenced general stakeholders engagements and consultations to sensitize and prepare the communities for the RAP. PAPs were informed and educated on the purpose of the project and the possible associated impacts- as well as NEWMAP s commitment to eliminate these impacts or reduce them to the barest minimum, while compensating for the indicative costs on the PAPs. In furtherance with these Policy requirements for continuous consultations, Abia NEWMAP shall comply with the RAP implementation arrangements detailed in Section Grievance Redress (Section 7) and Monitoring and Evaluation (Section 8) provided in this report. 61

62 Based upon the preliminary consultations, the community and land owners expressed appreciation and wholehearted acceptance for the project. They were well informed about the Project development activities and their greatest concern was that the implementation should commence as soon as possible. As reported by the community stakeholders, the Amuda Achara road has a lot of economic and social importance to the community, being the major farm road and aces to the streams, which possess both social importance as the preferred source of potable water as well as has healing powers. Town hall Meeting 62

63 Picture with Community Site Committee 63

64 APPENDICES ANNEX A: Project Affected Persons NAME Address SEX AGE OCCUPATION LOSSES PIC Achara Female 63 Farming Loss of two clusters of plantain, mounting to 15 stands, 16 young oil palm trees, 1 breadfruit tree s Achara Male 58 Pastor and farmer Minor damage to church extension 64

65 ANNEX B: SURVEY INSTRUMENTS INSTRUMENT 1: Socio-Economic Inventory Instrument for Project Affected Persons (PAPs) Brief Introduction of project by personnel SECTION A. IDENTIFICATION 1) Identification Number:... 2) Side of Right of Way. Please tick (a) Left side... (b) Right side... 3) Town/Location of Interview:... 4) Name and Signature of Interviewer:... 5) Name and Signature of Supervisor:... 6) Date and Time Interview took place... SECTION B: SOCIOECONOMIC ATTRIBUTES 1) Name of PAP... 2) Gender of PAP (M).. (F).. 3) Age of PAP... 4) Contact /House Address of PAP... 5) Religion (Christian).. (Moslem).. (Traditional).. (Others)... (Please Tick One) 6) Marital Status (Single). (Married). (Divorced). (Widow/Widower). (Please Tick One) 7) Number of wives... 8) How long have you lived in this community... 9) How many persons live in your Household (i.e. Eat from the same pot)... 10) How many persons in your household fall into the following age categories? CATEGORIES MALE FEMALE TOTAL 0-4yrs.. 5-9yrs yrs yrs.25-60yrs..Total 11) What is your highest educational qualification? (a) None. (b) FSLC. (c) WASC/SSCE (d) TCII/OND.. (e) HND/Degree. (f) M.Sc/PhD. (g) Islamic studies... 12) How many members of your household fall under the following educational categories? CATEGORIES; MALE.. FEMALE TOTAL. Passport Photograph Primary School (attempted/still attending).primary School-Completed (Living Certificate)..Secondary School (attempted/still attending)..secondary School-Completed (O.Levels) Tertiary Institution (attempted/ still attending)..tertiary Institution (Completed) Total 13) What are your Main Occupation..and Secondary Occupation.. (Farming)..(Mining) Craft making..trading..civil service Company Employment.Self employment.housewife.others (specify) 14) What is your Annual Income? a) N 0.50,000..b) N 51, ,000...c) N 100, ,000..d) N500,000 and above. 15) If Annual Income is not known, what is your: a) Monthly income... b)daily income... 65

66 SECTION D FOR AFFECTED STRUCTURES/PAPs ONLY 16) Type of affected structure (i) Movable.. (ii) Immovable... (Please Tick One) 17) Affected Asset/Structure (a.) Barren Land.. (b) Farm land. (c) House...(d) Fence..(e) Shop...(f) others, Please state)... 18) Structure/House: a. What type (s) of roofing materials were used for the affected(please Tick the one (s)applicable (a) Sod.. (b) Bamboo /palm. (c) Wood /planks. (d) Asbestos. (e) Corrugated iron sheets. (f) Aluminum.. (g) others (Pls state)... 19) What is the material of the floor of the Affected Structure? (Please Tick One) a.) Cement.. (b) Mud. (c) Tiles... (d) Wood.. (e) others, pls state) 20) Size of land affected in m ) Size of Affected Structure in m/m ) State the prevailing use of the land/ structure... 23) Estimated Age of Affected Structure... 24) Condition of Affected Structure: To be ticked or completed by the enumerator 25) How many rooms are in the Affected Structure?... (State number in Figures) 26) Who owns the affected structure? (Please Tick One) (a) Personal... (b) Landlord.. (c) Company..(d) Local Govt...(e) State Govt... (f) Federal Govt...(g) Others (Pls Specify)... 27) If rented, how much do you pay annually?... FOR BUSINESS PREMISES LOSS OF MAN HOUR 1) 34) What category does the business fall under? (a) Small scale (b) Medium scale (c) Large scale 2) 35) What is your average daily income /sale?... 3) 36). How long has the affected structure been in this location?... 4) 37). How many days in the week do you operate your business?... 5) 38). How many hours in a day do you operate your business?... 6) What implication will relocating have on your business? (i)... (ii)... (iii)... 40) How do you think this impact can be minimized? (i)... (ii)... 66

67 INSTRUMENT 2: Passport Photograph MARKET TRADERS DATA SHEET Personal Information Name: Age: Home address: Telephone number: Gender: Male Female Marital Status: Married Single Divorced Widow Educational Attainment: Tertiary education Secondary Primary Other (specify) Household size: Number of men Wives Children (0-6yrs) (7-12) (16-21) (60 and above Business Information What do you sell?: Number of shops owned: Size of shop: (i) by m 2 (e.g 2 m 2 x 2 m 2 ) (ii) a table (iii) kiosk (iv) Other Levies paid to market Estimated annual income from market trade: How much do you take to the market to buy stuff? Peak period(n) Low period (N) Other income sources : Perceptions about relocation General perception about movement to new site:----- Perceived Advantages of moving to new site: Perceived disadvantages of moving to new site: Vulnerability and Other Assistance Are you being treated for any particular disease currently?: Yes No If yes, what particular ailment: Any personal disabilities: If yes, what particular disability: 67

68 INSTRUMENT 3: CHECKLIST FOR FGDS AND KEY INFORMER INTERVIEWS A. FGD/One on One Interview with Community Leadership 1. Historical and settlement history of Oduikan family 2. Organization/leadership structure of family 3. Distribution of membership 4. Joint assets of membership 5. Meetings and information dissemination measures 6. Decision making system 7. Mutual support systems 8. Festivals and other family sociocultural events 9. What other things bring the family together B. Interview with Woman Leadership/ Market leader 1. Organization of market 2. Office held in market organization and role played 3. How does the woman leader administer the community women/ market? 4. Constitution, Control measures, Rules, Regulations, Meetings, Levies, Disciplinary Measures Constitution, Control measures, Rules, Regulations, Meetings, Levies, Disciplinary Measures 5. Benefit sharing system. Who gets what? 6. How do the LG and market collaborate on market management and proceeds? 7. Stakeholder analysis: Previous Investors/Stakeholders in the market. What have they invested and benefitted 8. Stakeholder expectations C. Interview with Private investors of market 1. What have they invested and benefitted 2. Stakeholder expectations Comment: you didn t attached the TOR 68

69 Attendance list at Town Hall meeting 69

70 70

71 71