Language: English Original: English PROJECT: EBONYI STATE RING ROAD COUNTRY: FEDERAL REPUBLIC OF NIGERIA

Transcription

1 Language: English Original: English PROJECT: EBONYI STATE RING ROAD COUNTRY: FEDERAL REPUBLIC OF NIGERIA RESETTLEMENT ACTION PLAN (RAP) SUMMARY 28 th NOVEMBER 2018 Task Manager: P MUSA, Senior Transport Engineer, RDNG C. MHANGO, Environmental Officer, SNSC 1

2 RESETTLEMENT ACTION PLAN (RAP) SUMMARY Project Title: EBONYI STATE RING ROAD Project Number: P-NG-DB0-014 Country: FEDERAL REPUBLIC OF NIGERIA Sector: PICU Project Category: 1 Introduction The Ebonyi state government proposes to borrow the total sum of $150 million from the African Development Bank (ADB) and Islamic Development Bank (IsDB) for the reconstruction/ rehabilitation of the 198 km existing Abakaliki Ring Road into a standard one carriageway, 2 - lane road finished with asphalt over lay over the road pavement. The pavement substratum is designed to have a compacted sub soil layer preferably of laterite. This layer is expected to be the stable bed on which the road pavement is carried. The Abakaliki Road Project, otherwise known as the State Ring Road Project, will comprise the upgrading/rehabilitation of four (4) road links forming the ring road around the Ebonyi state capital; Abakaliki (Map1.1). The circular road is a State road linking series of agrarian communities and villages along Ezzamgbo - Onueke - Noyo - Effium - Ezzamgbo junction road intersect on Abakaliki - Enugu Federal Highway. The road also intersects the Abakaliki - Afikpo - Okigwe Road at Onueke town. Similarly, the road intersects the Abakaliki - Ogoja Federal Highway at Noyo town. The road traverses seven (7) of the thirteen LGAs of the State - Abakaliki, Ebonyi, Ezza South, Ezza North, Ikwo, Izzi and Ohaukwu. Five of the seven local government areas account for 36% of the total land area of the state of which two are largest in the state, in terms of land areas namely: Ikwo and Ohaukwu. From the 2006 census figures, over 70% of the population of the state reside in six of the LGAs of the proposed project. The Abakaliki Ring Road Project identifies with the National Transport Policy, and hence the development aspirations of Nigeria as outlined in Vision 20:2020, and the Economic Recovery and Growth Plan ( ). The road was first constructed in the early 1982 to ease movement of humans and farm produce from the rural communities to the urban. The road has since became dilapidated and impassable. The project objective is to improve road transport infrastructure and reduce road maintenance costs, vehicle operating costs and travel time along the entire ring road sections, between 135 Ohaukwu and Onueke, between Onueke and Nwezenyi, between Nwezenyi and Ndoko, and between Ndoko and Ezzamgbo, and provide the communities in the zones of influence access to bigger markets and social services and contribute to reduction of poverty through support to agricultural growth and mining, as well as fostering regional integration between Nigeria and Cameroon. 2

3 The project footprint will affect some local community members houses, farms, economic trees, market places and business places, village square, cultural shrine, and other economic activities that are located along the road who will need resettlement. PROJECT LOCATION Figure 1 : Proposed Ring Road in Ebonyi State, Nigeria and the World OBJECTIVE OF THE RESETTLEMENT ACTION PLAN As much as possible involuntary resettlement is avoided as part of the project development. Where this is not possible it has become most relevant that a RAP be prepared with the main objective of ensuring that the population to be expropriated and/or displaced by the project is formally consulted and adequately compensated and treated. The specific objectives of the RAP included: Identify and assess the human impact of the proposed road works rehabilitation of the Abakaliki Ring Road and alternatives for avoiding and minimizing the impacts Prepare a Resettlement Action Plan to be implemented in compliance with the AfDB Policy requirements and the Nigerian Policies and Laws Identification of PAPs and that will be impacted by the project and ensure that displaced and expropriated persons should be consulted and participate in the RAP planning and implementation and that they are adequately compensated for their losses prior to the actual move. 3

4 Determine the institutional framework for the effective implementation of the RAP and a grievance redress mechanism by identifying and specifying appropriate roles and responsibilities, and outlining the necessary reporting procedures for managing and monitoring RAP implementation and compliance Put in place livelihood restoration and any assistance/support or differentiated measures for vulnerable groups that will be identified in the project impact area so that there is improvement on their former living standards and they shouldn t end worse off after the project. Establish project funding requirements for implementation of the RAP POLICY, REGULATORY AND INSTITUTIONAL FRAMEWORK This Section provides a brief review of the relevant local laws, regulations and procedures on land acquisition and resettlement as well as AfDB Policy on Involuntary Resettlement since the Project is a private sector project. It shows that the legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of While highlighting the differences between the Land Use Act and AfDB policies, it is emphasized that the higher (i.e. the more beneficial to the project affected persons) shall be adopted or followed where there is a conflict between the two standards/instruments (the Nigerian law, on the one hand, and AfDB Policy Involuntary Resettlement Policy, on the other hand). This is because the higher standard also satisfies the requirements of the lesser standard. It should be noted that IsDB is in support of the use of AfDB Involuntary Resettlement Policy to guide the project. The AfDB Policy on Involuntary Resettlement provided guidance on the general scope of the economic and social impacts associated with Bank financed projects involving involuntary acquisition of land or other assets and the principles embedded in the management approach. 4.1 National Policies and Regulations Nigeria Land Use Act of 1978 and Resettlement Procedures The Land Use Act Cap 202, 1990 Laws of the Federation of Nigeria is the key legislation that has direct relevance to the project. The Land Use Act is the applicable law regarding ownership, transfer, acquisition and all such dealings on Land. The provisions of the Act vest every Parcel of Land in every State of the Federation in the Executive Governor of the State. He holds such parcel of land in trust for the people and government of the State. The Act categorized the land in a state to urban and non-urban or local areas. The administration of the urban land is vested in the Governor, while the latter is vested in the Local Government Councils. At any rate, all land irrespective of the category belongs to the State while individuals only enjoy a right of occupancy as contained in the certificate of occupancy, or where the grants are deemed. The State is required to establish an administrative system for the revocation of the rights of occupancy, and payment of compensation for the affected parties. So, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each State that determines disputes as to compensation payable for improvements on the land. (Section 2 (2) (c). In addition, each State is required to set up a Land Allocation Advisory Committee, to advise the Local Government on matters related to the management of land. The holder or occupier of such revoked land is to be entitled to the value of the un-exhausted development as at the date of revocation. (Section 6) (5). Where land subject to customary right of 4

5 Occupancy and used for agricultural purposes is revoked under the Land Use Act, the local government can allocate alternative land for the same purpose (section 6) (6). If Local Government refuses or neglects within a reasonable time to pay compensation to a holder or occupier, the Governor may proceed to effect assessment under section 29 and direct the Local Government to pay the amount of such compensation to the holder or occupier. (Section 6) (7). Where a right of occupancy is revoked on the ground either that the land is required by the Local, State or Federal Government for public purpose or for the extraction of building materials, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. It follows from the foregoing that compensation is not payable on vacant land on which there exist no physical improvements resulting from the expenditure of capital or labour. The compensation payable is the estimated value of the unexhausted improvements at the date of revocation. Developed Land is also defined in the generous manner under Section 50(1) as follows: developed land means land where there exists any physical improvement inn the nature of road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes. Where a right of occupancy is revoked for public purposes within the state of the Federation; or on the ground of requirement of the land for the extraction of building materials, the quantum of compensation shall be as follows: In respect of the land, an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked. In respect of the building, installation or improvements therein, for the amount of the replacement cost of the building, installation or improvements to be assessed on the basis of prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the rate for delayed payment of compensation. With regards to reclamation works, the quantum of compensation is such cost as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer. 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 Nigerian Urban and Regional Planning Act, CAP N138, LFN 2004 Aimed at overseeing a realistic, purposeful planning of the country to avoid overcrowding and poor environmental conditions Section 30 (3) requires a building plan to be drawn by a registered architect or town planner. 5

6 Section 39 (7) establishes that an application for land development would be rejected if such development would harm the environment or constitute a nuisance to the community. Section 59 makes it an offence to disobey a stop-work order. The punishment under this section, is a fine not exceeding N10, 000 (Ten thousand naira) and in the case of a company, a fine not exceeding N50, 000. Section 72 provides for the preservation and planting of trees for environmental conservation. 4.2 AfDB Policies and Requirement Standards In December 2013, the Boards unanimously approved the Integrated Safeguards System (ISS) the cornerstone of the Bank s strategy to promote growth that is socially inclusive and environmentally sustainable, and the ISS was adopted in The ISS not only promotes best practices in these areas, but also encourages greater transparency and accountability. It provides a process for the people, especially the most vulnerable communities, to express their views, by providing, for example, project-level grievance and redress mechanisms. Operational Safeguard Standard 2 (OS2) of the ISS relates to Bank-financed projects that cause the involuntary resettlement of people. It seeks to ensure that when people must be displaced: they are treated fairly, equitably, and in a socially and culturally sensitive manner; that they receive compensation and resettlement assistance so that their standards of living, incomeearning capacity, production levels and overall means of livelihood are improved; and that they share in the benefits of the project that involves their resettlement. Involuntary resettlement: land acquisition, population displacement and compensation. The term resettlement refers to both physical and economic displacement. Resettlement is considered involuntary when the project-affected people are not in a position to refuse the activities that result in their physical or economic displacement. The specific objectives of this OS mirror the objectives of the involuntary resettlement policy to: Avoid involuntary resettlement where feasible, or minimise resettlement impacts where involuntary resettlement is deemed unavoidable after all alternative project designs have been explored; Ensure that displaced people are meaningfully consulted and given opportunities to participate in the planning and implementation of resettlement programmes; Ensure that displaced people receive significant resettlement assistance under the project, so that their standards of living, income-earning capacity, production levels and overall means of livelihood are improved beyond pre-project levels; Provide explicit guidance to borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations to mitigate the negative impacts of displacement and resettlement, actively facilitate social development and establish a sustainable economy and society; and Guard against poorly prepared and implemented resettlement plans by setting up a mechanism for monitoring the performance of involuntary resettlement programmes in Bank operations and remedying problems as they arise. In line with the framework in the involuntary resettlement policy, this OS covers economic, social and cultural impacts associated with Bank-financed projects involving involuntary loss of land, involuntary loss of other assets, or restrictions on land use and on access to local natural resources that result in: Relocation or loss of shelter by the people residing in the project area of influence; 6

7 Loss of assets (including loss of structures and assets of cultural, spiritual, and other social importance) or restriction of access to assets, including national parks and protected areas or natural resources; or Loss of income sources or means of livelihood as a result of the project, whether or not the people affected are required to move. 4.3 Comparison of Nigeria Land Use Act and AfDB Involuntary Resettlement Policy Table 1: Comparison of Nigeria Land Use Act and AfDB OS 2 Requirement standards Category of Affected People/Type of Assets Land Owners: Statutory Rights Land Owners: Customary Rights Land: Tenants Owners of structures Losers of livelihoods (business people, employees) Nigerian Law Cash compensation based on market value Cash compensation for land improvements; compensation in kind with other village/district land Compensation based on the value of residual rights held under the tenancy agreement. Entitled to compensation based upon the amount of rights they hold upon land. Cash compensation based on market values, taking account of depreciation Cash compensation based on market value for Owners of "Non-permanent" Buildings Cash Compensation is based on Cash compensation based on market values, taking account of depreciation.market value for Owners of "Permanent" buildings No consideration other than cash values for assets as described above by asset category 7 AfDB Involuntary Resettlement Policy* Preference for land-for-land compensation. If not, cash at full replacement value, including transfer costs Preference for land-for-land compensation, land of equal or equivalent value. If not, cash at full replacement value, including transfer costs Compensation based on value of residual rights held under the tenancy agreement, plus disturbance allowances, Are entitled to some form of compensation whatever the legal recognition of their occupancy. In-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement for Owners of "Non permanent" Buildings In-kind compensation or cash at full replacement value including labor, relocation expenses, and transfer costs. Added disturbance allowances.entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement for Owners of "Permanent" buildings Improvement of capacity to generate incomes at least at levels prior to losses. Programs of assistance to achieve this objective. Compensation for periods of lost income. Compensation Existing Government Rates Replacement Cost/Open market value It is important to note that in case of conflict between the Nigerian Regulations and the African Development Bank Policies during the implementation of this RAP, the AfDB Policies will prevail. PROJECT IMPACTS 5.1 Project Affected Persons and Type of Loss A total of 201 PAPs were identified with different types of losses as shown in.economic trees of numbers 1055 belonging to the State Government are likely to be identified, depending on the widening of the road in that area harboring the trees. No other structures would be affected or constitute hindrance to project activities, other than that of the PAPs within the project sites in the course of work. Most of the structures are made of either wood or blocks, roofed with iron sheets. Additionally livelihoods will be lost especially for people who carry out business

8 activities. Other than the assets and the economic trees identified along the corridor of the intervention works, no other utilities shall hinder the works Where possible, based on rearrangement of the sites, PAPs shall be relocated or shift backwards to areas nearby to ensure that they do not suffer economically as a result of the displacement. For example, shop owners at Ezzamgbo were consulted and have agreed to shift backwards since there are lands available for reconstruction or relocation of their businesses. Below is a summary of the resettlement impacts: Table 2: Project Affect Persons and Type of Loss S/ N LOCATION No of PAPs Affected asset Use Structure Type (T/P)* Material Type 1 Ezzamgbo 22 Fixed Shop Sales P Steel &CiS 31 Shop Sales (Mixed) P Block &Cis 21 Shop Sales T Wood &CiS 3 Umbrella Sales T Sub Total Shop Sales P Block &Cis 19 Shop Sales T Wood &CiS 2 Umbrella Sales T Sub Total 31 3 Oshegbe 12 Shop Sales P Steel &CiS 7 Fixed Shop Sales P Steel &CiS 12 Shop Sales T Wood &CiS 1 Umbrella Sales T Sub Total 32 4 Amuda 4 Shop Sales P Block &Cis 1 Fixed Shop Sales P Steel &CiS 3 Shop Sales T Wood &CiS Sub Total 8 5 Nwachi- Umuezeoka Sub Total 8 5 Ndiagu-Igube- Okposhi- Ngbo- 2 Tent Shop Sales T 4 Shop Sales T Steel &CiS 2 Fixed Shop Sales P 2 Gas Station Fence Sales P Block Sub Total 2 5 Nwori 12 Tent Shop Sales T 7 Shop Sales T Steel &CiS 2 Fixed Shop Sales P Sub Total 23 5 Onueke 11 Tent Shop Sales T 7 Shop Sales T Steel &CiS 4 Fixed Shop Sales P Sub Total 22 6 State Ministry 1 Trees Economic Values P Trees of Forestry Sub Total 1 Grand Total 201 8

9 5.2 Alternatives to Minimize Resettlement and Cost The fundamental objective of a resettlement planning is to avoid resettlement whenever feasible, or, when resettlement is unavoidable, to minimize its extent and to explore all viable alternatives. Where land acquisition and involuntary resettlement are unavoidable, resettlement and compensation activities are carried out in a manner that provides sufficient opportunity for the people affected to participate in the planning and implementation of the operation. Further, if incomes are adversely affected, adequate investment is required to give the persons displaced by the project the opportunity to at least restore their income-earning capacity. For the proposed project, consideration has been given to minimizing the scope of physical and economic displacement associated with the project through a number of ways, outlined here below: Site Selection Criteria The site selection criteria for the road rehabilitation included the following: Connectivity of road to other areas within the state; Availability of adequate space for proposed drainage and clearance; Ease of land acquisition; Minimum possible infringement on assets/means of livelihood for alignment or other activities for the project; Feasibility to cater for the required population and traffic projection; Project Design Alternatives In land acquisition, the technical design ensured avoidance of impacts on expensive, historical and religious structures to minimize resettlement, social impacts and conflict. The extent to which project design alternatives (including the alternative of not proceeding with the project) and options to avoid minimize and mitigate involuntary resettlement impacts were considered during the pre-identification phase. SOCIO-ECONOMIC CHARACTERISTICS OF PAPS Overview: 201 PAPs or structures owners and business persons were identified along the road corridor. These are indicated below in Table 3. Table 3: Overview of PAPs identified in the Project Impact Area S/N Person Definition No o 1 Individual Individuals who risks losing assets, investments, land, property and/or access to physical/economic resources as a result of the project Association Trade Union 0 3 Vulnerable Persons/Groups: Persons/groups considered vulnerable due to their inability to cope with and participate in decision making with regard to resettlement in the course of work Lack legal title or legal occupancy rights to the land they occupy/ Illegal occupants 4 Squatters/Other Land Occupiers 61 5 Government

10 Corporate Entity/ Private 2 Organization Place of Worship 0 6 Community 0 No cultural property or site of archaeological interest has been identified to be affected. The destruction of graveyards and other sites of cultural significance are potentially significant due to the cultural importance of these sites and the rituals associated therewith. The impact of the disturbance or destruction of such sites is therefore an offence to cultural practices. No graveyards of interest have been identified to be affected in the course of the fieldwork for this RAP. Demographic Characteristics: The average age in the survey was 32.6±11.4 with a range of years. The most severely affected age group was years which comprises 48% of the PAPs. 18% were between the ages brackets of and both, 11% were within % are less than 18years of age and.age above 65 is recorded at 8%. 65% of the identified were male, while the remaining 35% were females. Majority 78% of the respondents are married and 10% of the respondents were single, and others (widows and widowers) represented 12% of the respondents. Respondents having 3 to 4 children and 5 to 6 children were predominant 26%. 14% of the respondents also had 1 to 2 children and 6 children and above and 11% of the respondents had no children. Majority, 91% of the respondents are Christians, while 4% of the respondents practice traditional religion. 29% of the respondents had primary education, 36% had secondary education while 21% had tertiary education and 6% of the respondents had no formal education. Livelihoods: The majority, (63%) of the respondents were farmers, 18% were traders, 8% were self-employed, while 5% of the respondents are civil servants. 26% of the respondents earn monthly income of between N15,001 N30, per month, followed by those with an income of N1, , and 30,001-60, (23%) each, and then Above 60, (19%). In Ebonyi, women are involved in agricultural practices such as clearing, ridges preparation, planting and harvesting. However, some women own parcels of farmland, either by inheritance or purchase. Nature of Impacts anticipated by PAPs: The loss along the intervention corridor varies. The major type of loss suffered along this corridor will be residential, shows that 38% of the respondents, will be affected in this way, 27% of the loss will be commercial, while agricultural loss will be 21%. Industrial and other losses will be 7% each. 46% of the respondents have their asset 5.9 m or less away from the road edge, respondents who had their assets 15m or more away from the road wall edge were 37%. 12% of the identified respondents had their asset between m away from the road corridor, while 5% had their asset m away from the road edge. The forestry along Effium road, where 1055 economic trees within the set back was identified will also be impacted. Majority of the affected asset 88% are trading structures/shops, 4% of the affected structure are residential, and other 8% are few business grounds. Many (46%) of the respondents believe that project will affect their buildings or structures, while 34% are certain that it will take their land. 10% of the respondents along this corridor believe the project will affect their farm, and 7% are of the opinion that it will affect their business premises and 3% think it will cause disturbances and disruptions to their businesses. Property ownership arrangements: 27% of the respondents had Certificate of Ownership as the legal right to occupying the affected land on which their structures and or farms were on, 27% of the respondents inherited the assets, while 4% paid rent, and 41% of the respondents 10

11 had other forms of legal right to occupancy such as certificate of registration of plan, company s property, church property, surveyor plan and other Government approved document. Most of the affected structures 56% are personally owned assets belonging to the PAPs along this corridor, while 44% are rented out to PAPs in this corridor. Willingness to Move: The respondents that preferred to be resettled within the same community were 41%, another 41% of the respondents preferred to be resettled in any other community as long as it was suitable, and 18% were not particular whether they were resettled in the same community or a different community as long as they were appropriately resettled. PAPs Preferred Mode of Compensation: When asked the preferred choice of compensation, majority (64%) of the respondents want to be compensated with cash grant equivalent to loss while (9%) want to be provided with kind for kind. The remaining 27% are interested in other forms of compensation such as new structures, occupying same location after construction. PUBLIC PARTICIPATION & CONSULTATION Consultations were held with stakeholders in the areas affected by the project. During the site survey in February, 2018, interviews and consultations were carried out with the relevant stakeholders and the PAPs in the various locations of the proposed stations and towers. The main aim of these consultations and meetings was to interact with the opinion leaders in the host communities and intimate them about the proposed project. In attendance were community representatives, individuals, relevant MDAs, and Local Government functionaries and Union Leaders, as well as the project affected persons. At the meetings, the overview of the proposed project and appreciation of RAP and other related instruments were presented to the stakeholders. The challenges that could impede the implementation of the project and the support needed from all parties to ensure effective project and successful implementation were also enumerated to the stakeholders by the RAP team. The project main components with regard to steps taken by the project proponent to improve road infrastructure transportation through quality service to as many consumers with the ultimate goal of stimulating socioeconomic activities within the areas were explained to stakeholders and Project Affected Persons (PAPs). The stakeholders were helped to appreciate the need for the RAP and their support was elicited. Stakeholders and affected persons expressed their willingness to participate and to support the project as would be requested of them. Since PAPs will be adequately compensated, majority of the participants at the various meetings wholeheartedly agreed that the project should go ahead. The followings are some of the key outcomes from the stakeholder consultations: All identified stakeholders and affected persons showed signs of being fully aware of the project. Majority of the stakeholders are largely awaiting the effective commencement and completion of the project. The local Government officials welcomed the idea Anything that will benefit the entire community is good for the police It is a welcome development as it will ease off the traffic problem in Ebonyi Every one consulted expressed appreciation and happiness over the resettlement aspect of the project as long as it does not deprive them of their means of livelihoods and alternative location as good as where they had been is provided. 11

12 Most union leaders expressed appreciation for the project and will very much liked to be carried along in the overall project planning and execution as it affects their various locations. It is a good project and we welcome fresh idea/initiatives but we however advise the station be constructed in a manner that adverts can be done on them It is a good project and we are interested in how we will be affected. Concerns were raised about the timeframe of the project and compensation process. Employment of those to the displaced and youth from surrounding the communities. Additional benefit from the project other than the compensation or transportation. Future Consultation Plan: Stakeholder engagements shall continue. There shall be disclosure of the RAP and continuation with the public consultation process by communicating the plan for implementation of ROW acquisition and relocation assistance, as well as monitoring and evaluation of the mitigation measures. Public Disclosure Arrangements: The SPMU shall publicly disclose this RAP through publishing it on its website and depositing/posting it in a range of publicly accessible places in or near the affected areas such as the concerned local government secretariats where it could be protected and not abused. In addition, SPMU will ensure that the affected public is adequately sensitized through public meetings, notices, and handbills/information booklets, as the case may be and also be requested to make their suggestions and comments regarding the RAP. The AfDB shall disclose the Summary of the RAP on its website at least 120days before taking the project to Board as is required for a Category 1 Project. Grievance Redress Mechanism The grievance redress mechanisms is designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the law courts for resolution which will otherwise take a considerably longer time. For this reason, a simple, easy to administer procedure has been developed. It is straight forward and provides opportunities for the PAPs or any aggrieved party at the local levels as it facilitates access, flexibility and transparency. To start with, a Rehabilitation and Resettlement Committee (R & RC) shall be constituted within Resettlement Implementation Committee (RIC) to monitor and review the progress of implementation of the scheme or plan of rehabilitation and resettlement of the affected persons and to carry out post implementation social audits. A desk office shall be established in each of the affected project sites by the government and will be responsible for collating all grievances. During the implementation, at the site level, a Project Liaison Officer/Project Site Engineer isto collate petitions, complaints, e.t.c arising from aggrieved parties who coordinate his/her affairs with the desk officers at the local government level. The desk officer will make recourse to the Project Liaison Officer/Project Engineer in resolving the grievances who will liaise with the Resettlement Implementation Committee (RIC). Generally, steps for resettlement and grievance redressal are outlined below Step 1-PAPs are informed of their losses and entitlement in writing and through personal contact by the RIC. 12

13 Step 2- If satisfied, the PAP claims resettlement payment from the RIC. If dissatisfied or the PAP do not clearly understand the entitlement/any aspect of the resettlement plan, she/he approaches the RIC/RRC for clarification through. The RIC makes a note and explains the unclear issues to the PAP according to the RAP. If the issue(s) are resolved, the PAP collects the payment. If not solved PAP moves to step 3 Step 3-The PAP writes up or a fills a complaint s form appended with his signature formally to the Grievance Redress Committee (GRC) to be set up from amongst the RIC at their office. The GRC holds a session with the aggrieved PAP, minutes recorded and duly signed. If resolved, the payment is approved and the PAP collects his/her entitlements. The GRC has 2 weeks from submission to hold a session with the PAP. Step 4- If necessary, the R&RC will be asked to provide recommendations as to how the grievance is to be addressed. If deemed necessary by the RIC the case will be reinvestigated and, depending on the nature of the issue or referred to the RAG and ultimately, as the case may be, a court of law for settlement. ENTITLEMENTS Based on the comparison, comparison between Land Law in the Federal Government of Nigeria and the Bank OS 2, an entitlement matrix was designed. This bridges the gaps between the requirements under Nigeria Law and the Bank OS 2 and ensures that the best practice is satisfied. The Entitlements Matrix (Table 6.1) summarizes the types of impacts, PAPs who shall be eligible for compensation, what their entitlements shall be, and provides comments on implementation issues The PAPs that are eligible for compensation and other project assistance include: Those that are occupy space (land) or use asset within the position of the land take that will be displaced. Those whose income will be impaired. Those who need to carry out construction works due to either relocation or shifting backwards. Those whose properties are bulky and required finance for transportation. A census of all categories of losses and the PAPs was undertaken based on the categorizations in the entitlement matrix provided herewith. To avoid an influx of outsiders to project areas and misuse of the compensation policy, the date of the conclusion of census served as the cutoff date for eligibility and no new PAPs are eligible for compensation after this date. Table 4: The Entitlement Matrix for Various Categories of PAPs Type of Loss Entitled Person Description of Entitlement Permanent loss of land (a)legal owners of land (b)occupancy/hereditary tenant (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) Compensation will be paid as plus a one- time lump sum grant for improvment of livelihood and assistance Damage to land (such as abutting project site) Legal owner for relocation.. Restoration of land to pre-construction condition or cash compensation at prevailing rates for necessary bulldozer/ tractor hours to restoring to pre-project level 13

14 Type of Loss Entitled Person Description of Entitlement Loss of income and livelihood, Occupier temporary loss of access to land for business Permanent loss of Structures b. Residential and commercial structures Cultural, Religious, and community structures /facilities School, church, water channels, pathways, and other community structures/installations Special provision for vulnerable PAPs & restablishing and/or enhancing livelihood Change in Livelihood for women and other vulnerable PAPs that need to substitute their income because of adverse impact Unanticipated adverse impact due to project intervention or associated activity Owners of the structures whether or not the land on which the structure stands is legally occupied (b) Renters Community Estimated net income for each lost business per day for past six months 4.1. (a) Cash compensation for loss of built-up structures at full replacement costs Owners of affected structures will be allowed to take/reuse their salvageable materials for rebuilding/rehabilitation of structure. In case of relocation, transfer allowance to cover cost of Shifting (transport plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. (b) One-time cash assistance equivalent to 4 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. Complete rehabilitation/improvment by the Project; or, Cash compensation for restoring affected cultural/community structures and installations, to the recognized patron/custodian. Women headed Needs based special assistance to be provided either in households, disabled or cash or in kind. elderly persons and the landless (a) Vulnerable PAPs, Improvment of livelihood (vocational training) and particularly Women subsistence agreed rate per day for a total enrolled in a vocational of 6 months while enrolled in a vocational training traning facility facility (b) owner/s whose landholding has been reduced to less than 5 acres The Project team will deal with any unanticipated consequences of the Project during and after project implementation in the light and spirit of the principle of the entitlement matrix. 8.1 Proof of Eligibility The means of proof of eligibility will include: Affidavit signed by landlords and tenants for affected buildings. Witnessing or evidence by recognized trade union heads, traditional authority, local government, and the general community All persons residing, conducting activities or earning income within the project affected areas at the cut-off-date, which is the last day of inventory of loss will be entitled to compensation and resettlement assistance. All PAPs irrespective of their status, whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the project area before the cut-off date. Table 5: Eligibility Criteria for Compensation and Assistance* PAP Classification Eligible for Compensation No Compensation Assistance Those with legal right Land or asset at replacement cost For land, assets, and structure on the land Assistance needed Those with no legally Assets at replacement cost except that Assistance recognised right compensation may be topped off to allow the needed PAP to acquire a new residence. 14 as as

15 Those with business located within the site area Assets and lost income as a result of lost business during project duration For business located in Site area date and outside the affected area. Assistance needed as The vulnerable groups will be given special attention/protection in compliance with policy. These include orphans, widows and the aged whose assets are affected. Eligible Parties have the following rights: i. Rights to Land People who have formal legal, customary, or traditional rights to land have a right to compensation, at full replacement value (without depreciation), for the land and other assets that they may lose due to the proposed projects. If PAPs are physically relocated, they also have a right to other forms of assistance: Alternative land that has all the advantages of the previous site, in terms of location; productive potential, access to public services, customers, and suppliers, etc. Moving assistance, Support during a transition period while they re-establish their livelihood and standard of living, and Other assistance such as land or plot preparation, credit to help re-establish their business or livelihood. Such assistance is in addition to the compensation, and may be provided in cash/in kind, or in some combination. ii. Claims to Land People who have recognized claims to land are also entitled to compensation at full replacement value at open market value. SPMU will discuss and agree with government authorities and the affected people and communities about whether and which types of claims to land to recognize. The RAP will make clear what claims will be recognized, and how to establish whether someone has a right to make such a claim. People who have claims to land have a right to compensation, at full replacement value (without depreciation), for the land and other assets that they lose due to projects If people who have rights or claims to land are physically relocated, they are eligible for the other forms of assistance. b. Non-Eligible Parties Persons who occupy the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance, except possibly for moving expense. Similarly, assets built after the cut-off date is not eligible for compensation. However, it may be possible that some PAPs may have been missed in the Census. Therefore those who can demonstrate that they are eligible will also be included during implementation. Also, if works are not initiated two years or more pass after declaration of the cut-off date, a new census and evaluation of properties shall be carried out. Non-Eligible Parties have No Rights or Claims to Land. These include People are not entitled to compensation if the project causes them to lose land to which they have neither rights nor claims. However, if these people are forced to relocate physically because of the subprojects, they are entitled to other forms of resettlement assistance to help re-establish their previous standard of living and income. This assistance could take the form of land, cash, other assets, employment, and so forth, depending on the specific situation. People who move into an 15

16 affected area just in order to get compensation and assistance, or after the cut-off date has been established, do not have a right to either compensation or assistance. c. Eligible Communities It is important to note that the eligibility may be claimed collectively e.g. as a community or religious group. Communities permanently losing land and/or access to assets and or resources under statutory/customary rights will be eligible for compensation. Example of community compensation includes schools and places of worship. The rationale for this is to ensure that the pre-project socio-economic status of communities adversely impacted is also restored. Cut Off Date The Census cut-off date refers to the date after which PAPs will NOT be considered eligible for compensation, i.e. they are not included in the list of PAPs as defined before the socioeconomic survey of the PAPs ended. At the conclusion of the census, the cut-off date was declared on February 14, 2018, after which no newly arrived persons or families will be eligible for resettlement benefits. In addition, improvements to housing etc. made after the date will not be eligible for compensation (repairs, such as fixing a leaky roof, are permissible). The cut-off date was announced and made known through appropriate traditional means of reaching-out during the community awareness campaigns at site level and through the local government. VALUATION AND COMPENSATION A general principle adopted in the formulation of the compensation valuation is that lost income/assets be valued at their full replacement cost such that the project affected persons should experience no net loss. This is in accordance with the AfDB OS 2 Involuntary Resettlement Policy on Compensation. In line with the above principle, an all-encompassing survey and valuation of the assets and loss of income by the project affected persons (PAPs) were conducted in the proposed project area. The following forms the processes/steps for the valuation of assets and ultimately compensation: A detailed inventory of all persons, possessions, assets and stock requiring resettlement Recording of prevailing market value of impacts. Determination of compensation packages according to valuations. Allowing a reasonable time period prior to moving. PAP s may salvage any material without this being deducted from compensation entitlements. The valuation took into cognizance the following: Compensation for full replacement value to be paid for land to which people have rights or claims. If alternative land is provided, the value will be deducted from the compensation paid Compensation for full replacement value to be paid for structures and other assets. Depreciation is not taken into account. If the remaining part of a demolished asset is not economically viable, compensation is estimated based on the entire asset. The valuation is based on the principal of fair market value which is normally determined by the various valuation methods used internationally. Specifically, the following were noted: 16

17 For Urban land: The pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services, and located in the vicinity of the affected land, Plus the cost of any registration and transfer taxes. For Houses and other structures: The market cost of the materials to build a replacement structure within an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, Plus the cost of transporting building materials to the construction site, Plus the cost of any labor and contractors fees, Plus the cost of any registration and transfer taxes, and without taking into account the value of any salvage materials, or the value or benefits to be derived from the project. Table 6: Method of Valuation S/No Loss of Land Based on the open market value of comparable recent transactions in Naira 1 Loss of Buildings, structures and other civil works Full replacement cost* value as if new recent construction cost rates 2 Loss of Business Income and Loss of Business Based on the average monthly net profit Goodwill 3 - Loss of Income from Rent and Expenditure Incurred for Alternative Accommodation during Based on the comparable rent passing, rent advance paid reinstatement period 4 - Expenditure incurred for Transfer of movable Based on truck/transport hiring charges properties and temporary structures 5 - Loss of Wages, -Loss of Fees from Apprentice, - Based on Current Fees and Wages Loss of Job Training 6 Loss of access to land used for Agriculture Based on Crop compensation Resettlement assistance:. Economic Rehabilitation assistance: 7 Crops and Forest Resources Compensation for Trees Replacement costs computed on the basis of the level of growth of the trees and the current local price per unit + value for the labor invested in preparing new land + +Cost of permanent improvement until it attain the years at which it was damaged 8 Annual Crops Replacement costs compensated at the purchase prices of these items on the market value. In carrying out replacement cost value, three steps were required: Data collection: descriptive data on the improvement being valued Determining an accurate cost of estimate: expenditure involved in completing a house based on replacement cost or reproduction cost. Reproduction cost is the cost of constructing an identical structure by using the same design and materials. Replacement cost is the cost of constructing a substitute structure of equal utility using current materials, design and standards. Estimation of accrued depreciation This is the loss in value from replacement cost new. In the present study and for the purposes of compensation the evaluators used the Cost / Contractor s Method and the Investment Method for purposes of comparisons. With the Cost 17

18 / Contractor s Method the cost to reproduce the current building per square foot or square meter is applicable. Basically, different crops are cultivated in the scheme; the valuation is determined based on the rate utilized for the various farms by farmers in their cultivation as well as anticipated gains in the project area for each crop and tree observed Table 7: Compensation Rate Guidelines for Temporary Acquisition of Assets Asset Loss Guideline Land Compensation equivalent to the net average income that would have been obtained from the land during the period of temporary acquisition; and Restoration of the land to its original productive use or full compensation for the cost of restoration. Explicitly delineate in contractors agreements the responsibility for restoring the land to its former productive use. Structures Compensation based on the remaining extent of access or use. If temporary land acquisition produces only minor inconveniences (for example, periodic destruction of access), compensation to restore the structure to its original condition and an inconvenience allowance can be paid. If structures themselves are temporarily acquired, or if use of the structure is precluded, alternative comparable accommodations, a rental allowance for equivalent temporary housing, or payment for constructing temporary of a reasonable standard can be provided. Compensation should be paid for any moving or restoration expenses. Businesses Temporary loss of access to facilities, suppliers, or customers can diminish business income significantly. PAPs receive: Compensation equivalent to the estimated net loss to the owner of business. Because estimating may be avoidable when planners are determining losses (or income), compensation amount are usually negotiated with business owners. If an affected business cannot continue in its current location, provide new premises or a rental allowance for new premises (including the cost of relocating business personnel and equipment to and from their new premises). Wages Allowances, equivalent to regular wages, to workers temporarily losing employment. Income Improvement Strategy The key objective of the land acquisition and resettlement plan is to ensure that the economic and social future of the affected persons/households/communities are at least as favourable as it would have been in the absence of the project. Therefore the affected people shall receive assistance in rehabilitation. A participatory approach has been utilized in the development of the income generation programme in order to ensure that the ideas, wishes and needs of the stakeholders are included. Potential rehabilitation measures could include any of the following: Assistance in starting a new business and/or strengthening a new one, in the form of management and marketing assistance, product design and prototype development, Assistance in finding new employment opportunities, including skill development through training for the new employment, Providing access to, and giving preference to affected people in, employment opportunities created by the project. Training in money management Employment at Construction Vulnerable people and Gender Considerations 18