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Draft Resettlement Action Plan (RAP) for the 13.1Km Ijana -Alapako-Oni Pilot Road

BYOGUN STATE RURAL ACCESS AND AGRICULTURAL MARKETING PROJECT

(OGUN-RAAMP),

SEPTEMBER, 2019Bank Review: September 28, 2019

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DRAFT RESETTLEMENT ACTION PLAN (RAP) FOR THE 13.1KM IJANA - ALAPAKO-ONI PILOT ROAD


RAP Basic Data/Information No. Subject Data1 Intervention Site Ijana-Alapako-Mosa Road, Obafemi Owode LGA of

Ogun State.2 Need for RAP People are to be displaced in the course of work3 Nature of Civil

Works Rehabilitation of road and construction of bridges, culverts and side drainages

4 Zone of Impact 12m offset from the existing road edge.5 Benefit of the

Intervention The major benefits will occur in the form of improve rural access and agricultural marketing while strengthening the financing and institutional base for sustainable management of the rural and state roads network.

6 Negative Impact and No. of PAPs

A total of 22 PAPs will be impacted by civil works associated with the road rehabilitation in the priority 13.1 km roads.

7 Type of Losses Agricultural resources, structures, income, occupancy

8 Impact Mitigation Prudent approach to construction/rehabilitation efforts will reduce level of impact on identified PAPs. Damaged assets to be compensated at full replacement value and additional resettlement assistance to be provided for the PAPs who will be qualified.

9 Census Cut-Off Date

July 26, 2019

10 RAP Implementation Committee?

SPIU will implement with the support of Obafemi Owode Local Government, local communities and PAPs, Site Committee, NGO/CBOs, Ministry of Lands and Survey with support from the Social Livelihoods Officer (Social Safeguard Specialist) of SPIU.

11 Expected Physically Displace

It is expected that no PAP will be physically displaced

12 Expected Economic Displacement

No PAPs will be economically displaced

13 PAPs with Land Title

No (0) PAPs have land title

14 PAPs with No Land Title

All the 22 the PAPs have no land title

15 Total PAPs Household

The total number of PAPs Household is 21

16 Number of Vulnerable People

The total number of Vulnerable people affected is one (1)

17 Total Number of Institution Affected

The total number of Institution affected is one (1)

18 Sharecroppers The total number of sharecroppers affected is five (5)

19 Grievance Redress Procedures

Community Based Grievance Redress Committee (CBGRC) shall be constituted alongside a State Based GRC. Membership shall comprise of the SPIU

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Officers and the community side will include paramount ruler, selected chiefs/opinion leaders, market women leader (s) and selected CDA members.

Table of ContentsDEFINITIONS OF KEY TERMS.........................................................................................................VIILIST OF ACRONYMS............................................................................................................................. XEXECUTIVE SUMMARY....................................................................................................................... XICHAPTER ONE........................................................................................................................................ 2INTRODUCTION, PROJECT LOCATION AND DESCRIPTION...................................................2

BACKGROUND....................................................................................................................................................2COMPONENTS OF RAAMP...............................................................................................................................2DESCRIPTION OF PROJECT AREA......................................................................................................................4

Connectivity.............................................................................................................................................4Road Condition........................................................................................................................................4

CHAPTER TWO....................................................................................................................................... 6

PROJECT POTENTIAL IMPACTS........................................................................................................ 6THE PROPOSED TARGETED SITE......................................................................................................................6

The Proposed Activities at the Intervention Site.........................................................................7

CHAPTER THREE.................................................................................................................................... 9RESETTLEMENT OBJECTIVES, COVERAGE AND PREPARATION....................................................9OBJECTIVE OF THE RAP...................................................................................................................................9RAP SCOPE AND IMPACT COVERAGE.............................................................................................................10

CHAPTER FOUR.................................................................................................................................... 12

SOCIOECONOMIC AND CENSUS DATA.......................................................................................12

CENSUS AND SOCIOECONOMIC SURVEY........................................................................................................12CENSUS CUT-OFF DATE.................................................................................................................................12DATA ANALYSIS AND INTERPRETATION..........................................................................................................12ANALYSIS OF PAPS INTERVIEWED.................................................................................................................12

Gender Distribution of PAPs.............................................................................................................12Marital Status of PAPs.........................................................................................................................13Literacy and Household Population of PAPs................................................................................14Occupational Distribution of PAPs..................................................................................................14Average Monthly Income of PAPs...................................................................................................15Distribution of Ownership of Affected Crops..............................................................................15Age Distribution of Affected Crops.................................................................................................16

CHAPTER FIVE...................................................................................................................................... 17REVIEW OF POLICIES, LEGAL AND INSTITUTIONAL FRAMEWORKS..............................17

LOCAL LAWS AND CUSTOMS GOVERNING RESETTLEMENT..........................................................................17The Constitution of the Federal Republic of Nigeria................................................................17Land Use Act..........................................................................................................................................17Customary Law.....................................................................................................................................18Nigeria’s Cultural Policy (1996).......................................................................................................18National Social Legislation................................................................................................................20

INTERNATIONAL BEST PRACTICE STANDARDS AND GUIDELINES..................................................................20

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OP 4.12 – Involuntary Resettlement..............................................................................................20Differences between Nigerian Law and OP 4.12.......................................................................21

CHAPTER SIX........................................................................................................................................ 24

INSTITUTIONAL ARRANGEMENT FOR RAP IMPLEMENTATION........................................24

INTRODUCTION................................................................................................................................................24ORGANISATIONAL ARRANGEMENT - ROLES AND RESPONSIBILITIES.............................................................24RESETTLEMENT ACTIVITIES AND RESPONSIBLE PARTY.................................................................................27

CHAPTER SEVEN................................................................................................................................. 29

ELIGIBILITY AND ENTITLEMENT....................................................................................................29OVERVIEW.......................................................................................................................................................29

Definition of PAPs.................................................................................................................................29Eligibility Criteria..................................................................................................................................29Cut-Off-Date...........................................................................................................................................29

PROOF OF ELIGIBILITY:...................................................................................................................................30Entitlement Matrix for the PAPs......................................................................................................30

CHAPTER EIGHT................................................................................................................................... 31VALUATION OF AFFECTED PROPERTIES...................................................................................31

VALUATION METHODOLOGY...........................................................................................................................31Description of Key Valuation Approaches and Compensation terms.................................31Valuation Method for Crops and Economic Trees.....................................................................31

CHAPTER NINE..................................................................................................................................... 33COMPENSATION AND RESETTLEMENT ASSISTANCE...........................................................33

INTRODUCTION................................................................................................................................................33IMPACT OF THE PROJECT ON PAP..................................................................................................................33

Category of Affected Persons..........................................................................................................33Compensation for Crops and Economic Trees...........................................................................34Compensation for Sharecroppers...................................................................................................34Compensation for Corporate Entity/Institution..........................................................................35Support to Vulnerable Persons........................................................................................................35

CHAPTER TEN....................................................................................................................................... 36

PUBLIC PARTICIPATION ANDCONSULTATIONS......................................................................36

INTRODUCTION................................................................................................................................................36OBJECTIVE OF THE CONSULTATION................................................................................................................36THE STAKEHOLDERS.......................................................................................................................................36LEVEL OF STAKEHOLDER’S ENGAGEMENT.....................................................................................................36

Consultation Strategies......................................................................................................................37DISCUSSION WITH STAKEHOLDERS AND SUMMARY OF OUTCOME CONCLUSION........................................37RAP PUBLIC DISCLOSURE..............................................................................................................................39

CHAPTER ELEVEN............................................................................................................................... 40

GRIEVANCE REDRESS MECHANISM............................................................................................40

INTRODUCTION................................................................................................................................................40GRIEVANCE REDRESS PROCEDURE................................................................................................................40EXPECTATION WHEN GRIEVANCES ARISE.....................................................................................................42MANAGEMENT OF REPORTED GRIEVANCES...................................................................................................43GRIEVANCE LOG AND RESPONSE TIME.........................................................................................................44MONITORING COMPLAINTS.............................................................................................................................44

CHAPTER TWELVE.............................................................................................................................. 45

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INSTITUTIONAL ARRANGEMENTS FOR RAP IMPLEMENTATION......................................45

INTERNATIONAL STAKEHOLDERS....................................................................................................................45FEDERAL LEVEL STAKEHOLDERS....................................................................................................................45STATE LEVEL STAKEHOLDERS........................................................................................................................45OTHER STAKEHOLDERS..................................................................................................................................45STAKEHOLDERS AND THEIR RESPONSIBILITIES..............................................................................................45

CHAPTER THIRTEEN........................................................................................................................... 48

IMPLEMENTATION SCHEDULE, COMPENSATION DELIVERYAND BUDGET..................48IMPLEMENTATION SCHEDULE..........................................................................................................................48COORDINATION WITH CIVIL WORKS..............................................................................................................49COMPENSATION DELIVERY..............................................................................................................................50ASSISTANCE TO VULNERABLE GROUPS.........................................................................................................50BUDGET...........................................................................................................................................................50

Budget and Cost Estimate................................................................................................................50SOURCE OF FUND...........................................................................................................................................52STRENGTHENING ORGANIZATIONAL CAPABILITY...........................................................................................52

CHAPTER FOURTEEN......................................................................................................................... 55

MONITORING AND EVALUATION..................................................................................................55

INTRODUCTION................................................................................................................................................55MONITORING FRAMEWORK (INTERNAL AND EXTERNAL)..............................................................................55INDICATORS TO MONITOR..............................................................................................................................57REPORTING......................................................................................................................................................58COMPLETION AUDIT........................................................................................................................................58

BIBLIOGRAPHY..................................................................................................................................... 59ANNEX 1: PAPS’ INVENTORY OF LOSES AND COMPENSATION......................................61

ANNEX 2: REGISTER OF PAPS.......................................................................................................63ANNEX 3: MEANS OF IDENTIFICATION OF PAPS...................................................................64

ANNEX 4: SUMMARY OF FOCUS GROUP DISCUSSIONS.....................................................67

ANNEX 5: TERMS OF REFERENCE................................................................................................68

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List of TablesTable E1: Budget estimate for RAP implementation

xiiiTable 1.1: Components of RAAMP

2Table 2.1: Project Phases 6Table 2.2: Communities along the Project

7Table 4.1: Gender distribution of PAPs 13Table 4.2: Age distribution of PAPs

13Table 4.3 Marital status of PAPs 14Table 4.4: Literacy and household population of PAPs

14Table 4.5: Occupational distribution of PAPs

14Table 4.6: Average monthly income of PAPs

15Table 4.7: Ownership distribution of affected crops

16Table 4.8: Age distribution of affected crops

16Table 5.1: Comparison of Nigerian Legislation and World Bank Resettlement Policy 22Table 6.1: Resettlement activities and responsible party

28Table 8.1: Market survey for economic trees and crops

32Table 9.1: Livelihood restoration estimates

33Table 9.2: Number and Category of Affected Persons

34Table 9.3: Summary of Compensation for Impacted Crops and Economic Trees

34Table 9.4: Breakdown of Livelihood Restoration Estimates for Vulnerable PAP

35Table 10.1: Summary of stakeholders concerns

38Table 11.1: A typical reporting format for grievance redress

44Table 12.1: Stakeholders and their Responsibilities

45Table 13.1: Major Component Tasks and Schedule for the RAP Implementation

48Table 13.2: Budget estimate for RAP implementation

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Table 13.3: Awareness and capacity building needs of stakeholders51

Table 14.1: Monitoring and Evaluation Framework55

Table 14.2: Monitoring indicators56

List of FiguresFigure 1.1: Satellite Image of the Project Area

3Figure 1.1: Typical engineering design of proposed intervention

7Figure 5.1: Flowchart for grievance redress steps

43Figure 12.1: Implementation Organogram 47

List of PlatesPlate 10.1: Consultation with women group

40Plate 10.2: Consultation with men group

40Plate 10.3: Youth engagement 40Plate 10.4: Some of the stakeholders’ engagement

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DEFINITIONS OF KEY TERMSS/No

Word/Term Definition

1 Compensation

Payment in cash or kind for an asset to be acquired or affected by a project at full replacement cost.

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

3 Displaced Persons

Affected persons by a project through land acquisition, relocation, or loss of incomes and includes any person, household, firms, or public or private institutions who as a result of a project would have their;

(i) Standard of living adversely affected;(ii) Right, title or interest in all or any part of a house,

land (including residential, commercial, agricultural, plantations, forest and grazing land) or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; or

(iii) Business, occupation, place of work, residence, habitat or access to forest or community resources adversely affected, with or without displacement.

4 Economically-Displaced Persons

Those affected persons who are affected in a way that they lose incomes from crops, land, businesses etc.

5 Encroachers Those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project.

6 Entitlement The range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to PAPs, depending on the type and degree nature of their losses, to restore their social and economic base.

7 Full Replacement Cost

Compensation based on the present value of replacement of the lost asset, resource or income without taking into account depreciation.

8 Household Is the unit which includes all members living under the authority of a household head, they are both family members and other dependents. Under the Land Act, a household would be members of the family whose consent would be required in case of alienation or undertaking any transaction on the family residential land. These members should ordinarily reside on the land. These members typically include the household head, one or several spouses, children and other members of the larger family, tenants, and employee.

9 Income Restoration

The measures required to ensure that PAPs have the resources to at least restore, if not improve, their livelihoods.

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10 Involuntary Resettlement

Refers both to physical displacement (relocation or loss of shelter) and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihood) as a result of project-related land acquisition. Resettlement is considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that result in displacement.This occurs in cases of:

(i) lawful expropriation or restrictions on land use based on eminent domain: and

(ii) Negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail.

11 Land acquisition

The process whereby a person or household is involuntarily alienated from all or part of the land s/he owns or possesses, to the ownership and possession of a project for public purposes, in return for fair compensation.

12 Land-Owner An individual/household/institution recognized as owning land either by customary tenure, freehold tenure, or leasehold including customary occupants of former public land.

13 Market Value

The amount for which an item/asset can be sold on a given market.

14 Physically Displaced Persons

Those affected persons who have to be physically relocate because they reside within the land to be acquired for the RoW or encumbered as a result of the Project.

15 Project-Affected Area

Is the area where the Project may cause direct or indirect impacts to the environment and the residents.

16 Project-Affected Person

Persons who lose assets as a result of the Project, whatever the extent of the loss; lost assets include land rights, structures, crops, business, access or a combination of those losses.

17 Project Affected Household

The family or collection of PAPs that will experience effects from land acquisition regardless of whether they are physically or economically displaced.

18 Relocation The physical moving of PAPs from their pre-project place or residence, place for work or business premises.

19 Full Replacement Cost

Replacement cost of an affected asset is equivalent to the amount required to replace the asset in its existing condition. The replacement cost of land is its market value. The replacement cost of structures is equal to the cost of constructing/purchasing a similar new structure, without making any deductions for depreciation, and inclusive of the labor cost.

20 Resettlement Action Plan

The time-bound action plan with budget setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation.

21 Resettlement Impacts

The direct physical and socio-economic impacts of resettlement activities in the project and host areas.Refers not just to the physical displacement of people, but also covers taking land that results in the relocation or loss of shelter, loss of assets or access to assets, and/or Loss of sources of income or means of livelihood (OP 4.12, paragraph 3).

22 Resettlement Policy

A resettlement policy framework is required for projects with subprojects or multiple components that cannot be identified

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Framework before project approval. The policy framework outlines policy, principles and objectives of OP 4.12 and will be used to guide the preparation RAP/ARAP when the specific sub project location is known.

23 Socio-economic survey

The census of Project Affected Households and Project Affected Persons (PAHs/ PAPs) of potentially affected people, which is prepared through a detailed survey based on actual data collected.

24 Sharecropper

An individual/household occupying land under a private agreement with the owner for purpose of agricultural use.

25 Tenant An individual/household/institution occupying land or space in a home under a private agreement with the owner whereby the right of occupancy is paid for in cash to the owner.

26 Vulnerable Any person or group of people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement i.e.; female-headed households with dependents; disabled household heads; poor households; landless elderly households with no means of support; households without security of tenure; and Ethnic minorities.

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LIST OF ACRONYMSBP Bank PolicyCBO Community Based OrganizationCLO Community Liaison OfficerCSO Community Support OrganizationsESMF Environmental and Social Management FrameworkESMP Environmental and Social Management PlanFGD Focus Group DiscussionFGN Federal Government of NigeriaFMEnv Federal Ministry of EnvironmentFSLC First School Leaving CertificateGCE General Certificate in EducationGIS Geographic Information SystemIDA International Development AssociationLGA Local Government AreaLRC Local Resettlement CommitteeM&E Monitoring and EvaluationMDAs Ministries, Departments & AgenciesMDG Millennium Development GoalsMoE State Ministry of EnvironmentNGOs Non-Governmental OrganizationsOP Operational Policies (of the World Bank) OHS Occupational Safety and HealthPAPs Project Affected PersonsPIM Project Implementation ManualPMU Project Management UnitRAP Resettlement Action PlanRIT RAP Implementation TeamRP Resettlement PlansRPF Resettlement Policy FrameworkSPIU State Project Implementation UnitToR Terms of ReferenceWASC West African School CertificateWB The World Bank

UNITS OF MEASURE1 ha Hectare2 m Meter3 m2 Square meter5 km Kilometer6 km2 Square kilometer7 t Ton8 yr Year

EXECUTIVE SUMMARYE1: Introduction

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The Federal Government of Nigeria (FGN) has initiated the preparation of the Rural Access and Agricultural Marketing Project (RAAMP), the successor of the Second Rural Access and Mobility Project (RAMP-2). The project will be supported with financing from the World Bank and the French Development Agency (AFD) and will be guided by the Government’s Rural Travel and Transport Policy (RTTP). The lead agency for the Federal Government is the Federal Department of Rural Development (FDRD) of the Federal Ministry of Agriculture and Rural Development (FMARD). The Federal Project Management Unit (FPMU) is overseeing the project on behalf of FDRD.As one of the participating States, Ogun State, through the Ogun State Rural Access and Agricultural Marketing Project-Ogun RAAMP proposes to construct the Ijana –Alapako Oni – Mosa road in the Obafemi Owode Local Government Area of Ogun State. The intervention involves civil works such as construction of road and river crossings. The civil works would involve activities such as; equipment mobilization, site clearing, excavation, earth works, construction of hydraulic structures including river crossings, earth filing, asphalting etc. The activities could result in environmental and social impacts thus, triggering the World Bank’s Safeguard Policies including Environmental Assessment OP 4.01; Natural Habitats OP 4.04; Involuntary Resettlement OP 4.12 and Physical Cultural Resources O.P 4.11.As per the Bank’s requirement, the Environmental and Social Impact Assessment (ESIA), the Resettlement Policy Framework (RPF) the Environmental and Social Management Framework (ESMF)for the project have been prepared and disclosed in country and on the Bank’s website.An assessment of direct social and economic impacts in the 13.1km potential impact corridor has been carried out. The inventory of assets carried out in the 13.1km roads revealed that the number of assets/property that would be affected are mainly individual or household owned agricultural produce (economic trees/crops), traders and mechanic/artisans. This outcome shows that OP4.12 is applicable.The assessment exercise revealed that the total of 22 PAPs will be impacted by component 1 civil works activities as result of land acquisition and livelihoods disturbances. In order to adequately manage the anticipated impacts of involuntary land acquisition, this Resettlement Action Plan (RAP) has been prepared for the Ijana – Alapako Oni – Iyana-Mosa (Ajebo) 13.1km road sub-project(s), in Obafemi-Owode LGA by Ogun State RAAMP.

E2: Objectives of RAP

Specifically, the RAP was designed to: Identify and assess the human impact of the proposed works at the road

intervention site and; Prepare an Action Plan to be implemented in coordination with the civil

works in line with World Bank Policy and Nigeria policies and laws.

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E3: Site Description

The 13.1m road corridor in Ijana – Alapako – Oni – Iyana Mosa Road can be referred to as a crescent, due to the nature of the existing road alignment that originates from Ijana to Ajebo - Abeokuta Road. The importance of the road cannot be over-emphasized because it provides access for the transportation of farm produce. There are a total of eight (8) communities along the road and are presented in chapter one of this report.E4: Legal Framework for Land AcquisitionAll relevant legal frameworks for land acquisition in Nigeria including the World Bank Operational Policy (OP 4.12), involuntary resettlement policy were reviewed. Gaps between OP 4.12 and the relevant Nigerian legal provisions and policies have been observed and are present in the legal review chapter.

E5: Census Cut-Off Date The established cut off-date to record the PAPs was July 26, 2019, which was made known to the PAPs and communities during the general stakeholders meeting of July 20, 2019.The total of 22PAPs attended the meeting of which18 are male and 4 are female. In the event of project delay for more than two years, then there will be a need to update the socio-economic survey that was carried out for this RAP.

E6: Mitigation MeasuresThe PAPs were duly informed of the range of different mitigation measures/compensation package, resettlement assistance, and livelihood improvement options available to them and shall be given the opportunity to express their preferences. The following mitigation measures have been taken into consideration for the project; The project’s RoW has been re-aligned to 12m (where possible) to avoid

people’s assets, thus the SPIU, contractor and the supervision consultant would ensure compliance.

Enough time would be given to PAPs to harvest the affected crops prior to commencement while awareness will also be created amongst people of the project affected communities to discourage activities along the RoW.

As much as possible, Contractor shall engage local labour to reduce labour influx and its attendant impacts on the project communities

Adequate awareness and capacity building on Gender Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) would be implemented for the project beneficiary communities and the contractor’s staff prior and during construction phase to reduce incidences of sexual exploitation and abuse.

Contractor shall be responsible (part of the contract agreement) for integrating appropriate risk mitigation measures to prevent sexual exploitation, child abuse and other related issues in the project.

E7: Public Participation

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Public participation in the preparation of this RAP included consultations with the 22 affected PAPs consisting of 18 males and 4 females. Consultation about the project, designs and concerns of PAPs were shared, however the concerns of the PAPs includes the time of commencement, possibility of compensation for the affected agricultural resources. The PAPs were informed that the enumeration is aimed at paying adequate compensation for the affected crops. The affected persons were all satisfied since the issue of enumeration and adequate compensation for the affected crops has been agreed.

E8: RAP Coordination and Implementation The institutional arrangement has been pragmatically designed to involve relevant stakeholders with the SPIU as the project implementer. The institutional mechanism for coordinating and connection of resources of relevant stakeholders that will be involved in RAP implementation is presented in Table 7.1.

E9: Budget Estimate The total cost of the RAP is N5, 002,162.00 (Five Million and Two Thousand, One Hundred and Sixty-Two Naira Only) presented in the table below. The Ogun State government counterpart fund through the SPIU is the source of this fund for the payment of the mitigation measures and for the overall implementation of the RAP.

Table E1: Budget Estimate for the RAP ImplementationS/N ITEM COST (N) Proportio

n of Total (%)

A1 Compensation for Agricultural resources

3,347,420.00

66.9

Sub-total 3,347,420.00

B ADDITIONAL MITIGATIONSB1 Livelihood restoration

measures/Assistance 500,000.00

B2 Grievance Redress Mechanism 200,000.00Sub-total 700,000.0

014.0

C IMPLEMENTATION COSTSCompensation Commission & NGO witness

100,000.00

Capacity building/Institutional Strengthening + Management

200,000.00

Disclosure 200,000.00Sub-total 500,000.0

010.0

D Total 4,547,420.00

E + Contingencies 10% 454,742.00 9.09Grand Total 5,002,162

.00

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E10: Grievance Redress MechanismA robust GRM is put in place to adequately address any complaint that may arise before, during and after implementation phase of the project. This grievance redress mechanism considers the existing conflict resolution process within the locality to build on the GRM for the project.

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E11: Monitoring and EvaluationMonitoring and evaluation will be a continuous process and will include internal and external monitoring. SPIU safeguard officers shall play a key role in reporting the progress of implementation as well as in ensuring compliance to the World Bank policy on involuntary resettlement.

E12: DisclosureThe approved RAP shall be disclosed at concerned communities, line ministries and agencies (i.e., federal, state and local levels) and confirmation of this in-country disclosure will be conveyed to the World Bank who will update its online version.E13: Key Elements of RAPThis RAP covers the following key elements:

Project Location and Description, Project Potential Impacts, Resettlement objectives, coverage and preparation Socioeconomic and Census Data Review of Policies, Legal and Institutional Frameworks Institutional Framework and Arrangements Eligibility and Entitlement Valuation of Affected Properties Compensation and Resettlement Assistances Public Consultations and Participation Grievance and Redress Mechanism Institutional Arrangements for RAP Implementation Budget and Implementation Schedule Monitoring and Evaluation

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CHAPTER ONE

INTRODUCTION, PROJECT LOCATION AND DESCRIPTIONBackgroundThe Federal Government of Nigeria (FGN) has initiated the preparation of the Rural Access and Agricultural Marketing Project (RAAMP), the successor of the Second Rural Access and Mobility Project (RAMP-2). The project will be supported with financing from the World Bank and the French Development Agency (AFD) and will be guided by the Government’s Rural Travel and Transport Policy (RTTP). The lead agency for the Federal Government is the Federal Department of Rural Development (FDRD) of the Federal Ministry of Agriculture and Rural Development (FMARD). The Federal Project Management Unit (FPMU) is overseeing the project on behalf of FDRD, while the respective state government of thirteen (13) participating states will implement it. The participating states are: six northern states (Kano, Katsina, Sokoto, Kebbi, Bauchi and Plateau) and seven southern states (Abia, Akwa Ibom, Kogi, Ogun, Oyo, Kwara, and Ondo).The development objective of RAAMP is to improve rural access and agricultural marketing in selected participating states while strengthening the financing and institutional base for sustainable management of the rural and state roads network.As one of the participating States, Ogun State, through the Ogun State Rural Access and Agricultural Marketing Project (Ogun RAAMP) intends to intervene in the construction of the Ijana – Alapako Oni – Mosa Junction road (13.1km) in the Obafemi Owode Local Government Area. The intervention involves civil works such as construction of roads, drainage, culverts and bridges.

Components of RAAMPThe RAAMP is made up of 4 major components as presented below:Table 1.1: Components of RAAMPComponents Sub-componentsComponent A: Improvement of Rural Access and Trading Infrastructure (US$272 million

Sub-component A1 involves: rural roads upgrading construction of cross-drainage

structures improvement of 65 numbers of agro-

logistics centersSubcomponent A.2 involves:

design, procurement and consultancy supervision support to sub-component A1 activities

Component B: Sector Reform, Asset Management and Agro-logistics Performance

Sub-component B.1 involves other civil works (Road Maintenance and Spot Improvement of rural roads).

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Enhancement (US$208 million Sub-component B.2 involves support to agro-logistics activities.

Sub-component B.3: Consultancies Studies and Supervision.

Component C: Institutional Development, Project Management and Risk Mitigation (US$72 million

The component involves technical and material support for the rural transport and agro-logistics capacity building including: finance (a) goods, logistics and project related operating costs, technical assistance and advisory support, training and study tours, monitoring, project impact evaluation & comprehensive technical audit and risk mitigation & resiliency related technical assistance

Component D: Contingent Emergency Response (US$0 million)

This component is expected to support affected rural transport and trading infrastructure affected by the natural disaster in participating states.

Beneficiaries of RAAMP in Ogun state, the Ijana – Alapako Oni – Mosa Junction road (13.1km) in the Obafemi Owode Local Government Areawill include crop farmers, poultry and livestock farmers, agro product processors, transporters and community people that the road will provide access to their farms, market and other social service centres.This RAP is on the 13.1km Ijana – Alapako Oni – Mosa Junction prioritized roadin the Obafemi Owode Local Government Area. The rehabilitation of the prioritized 13.1km rural road would entail engineering works such as site clearing, mobilization of equipment; removal of topsoil, earth works, excavation, drainage structure and facilities, earth filing, asphalting etc. The above activities could result in environmental and social impacts thus, triggering the World Bank’s Safeguard Policies including Environmental Assessment OP 4.01, Natural Habitats OP 4.04, Physical and Cultural Resources OP 4.11 and Involuntary Resettlement OP 4.12. As per the Bank’s requirement, the Environmental and Social Impact Assessment (ESIA), the Resettlement Policy Framework (RPF) the Environmental and Social Management Framework (ESMF) for the project have been prepared and disclosed in country and in the Bank’s Infoshop.An assessment of direct social and economic impacts in the 13.1km potential impact corridor has been carried out. The assessment of the outcome indicated that the project will acquire land to advance its objective and it is determined that OP 4.12 is applicable. The assessment exercise revealed that the total of 22 PAPs will be impacted by component 1 civil works activities as result of land acquisition and livelihoods disturbances. In order to adequately manage the anticipated impacts of involuntary land acquisition, this Resettlement Action Plan

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(RAP) has been prepared for the Ijana – Alapako Oni – Iyana Mosa (Ajebo) 13.1kmroad sub-project(s), in Obafemi Owode LGA by the Ogun State RAAMP.

Description of Project AreaThe position of Alapako-Oni can be considered as densely populated considering the proximity of the houses to each other and the location of various religious institutions in this village. At km 2+340 a public cemetery on the left exist which stretches for about 12m inwards. However, the settlement extends to km 2+710 and at Km 2+830 the road veers to the right to Ijana village while the left proceeds to Alapako Oni village farm settlement, the width of which is averagely 2m and can barely take two cars in opposite directions. The width has however been reduced by overgrown bushes. Alapako –Oni farmers have their farm settlements on the outskirt of the village towards Oyebola village, the farmers in this village engage majorly in cassava and cocoa farming. At km 7+200 Oyebola village settlement ends and farm settlement begins like other villages. Moreover, same types of agricultural produce are being produced in this village. Applying the RoW of 15m on both sides of the road would affect some portions of the farms. At km 9+600 a triple 3.0m x 3.0m reinforced concrete box culvert exist which is still very adequate and functional. In general, the application of 30metres boundary width will accommodate all the settlements and farmlands. At Olosun a primary health centre exists along the road corridor and same can be said of km 8+600 where the community school is off the road. After the 3 cell culvert till the end of the road a large farmland belonging to various individuals exists before the termination of the road at km 12+480 at Iyana Mosa on Ajebo – Abeokuta Road.

ConnectivityThe road Ijana – Alapako Oni – Iyana-Mosa is a earth road which starts from Ijana town (Ajebo – Abeokuta road, off Lagos – Ibadan Expressway) and traverses through Alapako Oni town (about 2km from Ijana town) to Oyebola village (about 7km from Ijana town) to Olosun village (9km from Ijana town) to Layanran village (about 10km from Ijana town) to Mosafejo village (about 11km from Ijana town) and ends at Iyana-Mosa (Ajebo – Abeokuta expressway).

Road ConditionThe road is an earth road except for some sections of Alapako Oni town. This section has a failed asphaltic paved road surface and it covers about 800m. The typical width of this failed asphalt section is 7m with 600mm block wall lined drains. However, all other sections of the road are earthen and the width ranges from 2-4m in the bush to about 8m most of the towns along this road. A map (satellite image) showing the entire project area with the proposed road (highlighted in red) is presented in figure 1.1 below.

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Figure 1.1: Satellite Image of the Project Area

CHAPTER TWOPROJECT POTENTIAL IMPACTS

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The rehabilitation of the prioritized 13.1km rural road would entail engineering works including site clearing, mobilization of equipment; removal of topsoil, earth works, excavation, drainage structure and facilities, earth filing, road surfacing etc. These activities will entail temporary and permanent land acquisition to advance component “1” works and shall result to direct social and economic hardships on the PAPs.Table 2.1 provides an overview of project’s activities likely to result in adverse impacts during project implementation and operation.

Table 2.1: Project Phases and Associated ActivitiesPre-Construction Phase Construction

PhaseCommissioning Phase

-site clearing-Site marking and pegging-installation of site structures and facilities at the camp.-mobilization of men and equipment (graders, excavators, compactors, power generating sets etc)-design/installation of signages

-vegetation clearing (along the RoW and site camp)-removal of top soil--excavation for drainages and culverts-construction of drainages & culverts-provision of sub-base-asphalting-construction of speed breakers, other road furniture and signages.

-road usage-monitoring and maintenance -desilting of drains and river crossings-vegetation clearing along road shoulders and -capacity building of local communities for rural road maintenance.

Assessments of direct social and economic impacts were carried out in the 13.1km road corridor. The assessment exercise revealed that the total of 22 PAPs will be impacted by component 1 civil works activities as result of land acquisition and livelihoods disturbances. The overall impact is minimal and is manageable. In order to adequately manage the anticipated impacts of involuntary land acquisition, this Resettlement Action Plan (RAP) has been prepared for the Ijana – Alapako Oni – Iyana-Mosa (Ajebo) road sub-project(s), in Obafemi Owode LGA by Ogun State RAAMP. It contains mitigation measures to address impacts associated with losses of crops and economic trees, income and also provide support to vulnerable people.

The Proposed Targeted SiteIjana – Alapako – Oni – Iyana Mosa Road can be referred to as a crescent, due to the nature of the existing road alignment that originates from Ajebo- Abeokuta Road.The road plays host to various communities as shown in Table 2.2 below.

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Table 2.2: Communities along the Project’s Road S/N Name of Community Location 1 Ijana Village 0+000 2 Alapako Oni Village 1+900 3 Oyebola Village 6+600 4 Olosun (Momoh, Adegbesan and

Abudu)Village 8+700

5 Layoyan Village 9+900 6. Mosafejo Village 10+620

The Proposed Activities at the Intervention SiteThe proposed intervention activities involve civil works such as construction /rehabilitation of road. The proposed activities include filling, protection and reinforcement of exposed soil surface to stop scouring action of flow velocity as indicated in the engineering design layout in figure 2.1, (please refer to detail engineering design for this intervention site for better design description). Also included in the designs to be constructed are extension of culvert structure across into the road, and drainages.

Figure 2.1: Typical engineering design layout of proposed intervention road

Design Consideration to Avoid and Minimize Involuntary ResettlementOne of the key requirements of OP 4.12 is to avoid land acquisition that results in physical and / or economic displacement and resettlement. However, where such displacement and resettlement is unavoidable – that is, where suitable

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alternative project sites are not available or the cost of developing those sites is prohibitive – OP 4.12 require that adverse resettlement impacts on affected individuals and communities are minimized through project design, adjustments in the routing or siting of project facilities, etc. In this context, the road width for the project is 12m. Consultations would be held with the PAPs to enable the harvesting of the affected crops prior to the commencement of civil works.

Mechanism Established to Minimize ResettlementThe following mechanism has been established to minimize resettlement viz;i. Ensure as much as possible that the engineering design for the road

intervention follows the existing RoW of the road. The setback for access and buffer on the corridors were made known to the stakeholders, the minimum standard for rural road under this project is 6m for sections that would not involve the construction of drainage structure, while sections requiring drainage structure is 9m width and another 3m for access clearance making a total of 12m width required as the RoW;

ii. Consultation was held with the PAPs/farmers on when construction activities within the project corridor will commence. This was to give the PAPs opportunity to harvest mature crops along the RoW before the beginning of civil works. Based on this, encroachers/PAPs whose crops will mature and be harvested before the start of civil works will not be adversely affected.

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CHAPTER THREERESETTLEMENT OBJECTIVES, COVERAGE AND

PREPARATIONObjective of the RAPThe objective this RAP is to design and implement social and economic impacts mitigation measures that are likely to result from land acquisition to advance the project objective. The ultimate objective of this resettlement plan is to achieve the policy objectives and principles of OP 4.12 which require Bank financed projects:

Where resettlement avoidance is not possible, resettlement activities should be conceived and executed as development program, providing enough investment resources to enable the PAPs to share project benefits,

To meaningful consult PAPs and afford them with opportunities to participate in the planning and implementation of the resettlement intervention,

To assist PAPs in their efforts to improve their livelihoods and standard of living or least to restore them, in real term, to pre-project level

Activities under component 1 are expected to acquire land for advancing the project development objective. Land1 acquisitions associated with the component 1 activities are likely to have direct social and economic impacts on PAPs. And that require the preparation and implementation of RAP with the aim of; i) identifying and assess the direct social and economic risks associated within the corridor of the proposed 13.1km roads rehabilitation works and ii) prepare social and economic impacts mitigation measures to assists PAPs restore their livelihoods to pre-project level and if possible better in line with World Bank Policy on involuntary resettlement and the relevant Nigeria policies and laws.

If component 1 negative impacts are not mitigated properly, Project Affected Persons (PAPs) will face difficult economic, social, and environmental risks. Thus, this RAP is designed to mitigate those unavoidable risks and adverse impacts on PAPs and their livelihoods. Where it is not feasible to avoid resettlement in the 13.1km of the selected roads, this RAP conceives and will be executed as resettlement as sustainable development intervention. Its compensation and resettlement budget provide enough investment resources to enable the PAPs to share in project benefits. It has provided and will continue to provide platform for PAPs2 to be meaningfully consulted throughout the project cycle and shall afford them the opportunity to participate in planning and implementing resettlement programs. It provides resettlement assistance to PAPs to assist them in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to 1 The statement was referring to the overall project which involves about 500km road. However, this RAP was prepared for 13.1km of the selected roads and this section would not require land take.2 The term “Project Affected Persons (PAPs)” refers to persons who are affected in any of the ways described in para.

3, of OP 4.12

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pre-project levels or to levels prevailing prior to the beginning of project implementation, whichever is higher3.

RAP scope and impact coverageThe scope of this RAP covers the direct economic and social impacts4 that both result from component 1 activities and are caused by:

(a) The involuntary5 taking of land6 resulting in: (i) relocation or loss of shelter, (ii) loss of assets or access to assets or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, or

(b) The involuntary restriction of access7 to legally designated parks and protected areas, if any, resulting in adverse impacts on the livelihoods of the displaced persons.

(c) Project activities resulting in involuntary resettlement that in the judgment of the Bank, are (i) directly and significantly related to the project, (ii) necessary to achieve project objectives as set forth in the project documents and, (iii) carried out, or planned to be carried out, contemporaneously with the project.

RAP Preparation MeasuresThe preparation of this RAP was guided by the RPF and include:

(a) Measures to ensure that the PAPs are: Informed about their options and rights pertaining to resettlement, Consulted on, offered choices among, and provided with technically

and economically feasible resettlement alternatives, Provided prompt and effective compensation at full replacement

cost 8 for loss of assets9 attributable directly to the project,

3 Paragraph 3(b) of OP 4.12 stated that PAPs should be assisted in their efforts to improve or restore their livelihoods.4 Where there are adverse indirect social or economic impacts, it is good practice for the MP/IIU to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from land taking may be identified and addressed through environmental assessments and other SECRAMP reports and instruments.

5 For purposes of this policy, “involuntary” means actions that may be taken without the displaced person’s informed consent or power of choice.

6 “Land” includes anything growing on or permanently affixed to land, such as buildings and crops. 7 For the purposes of this policy, involuntary restriction of access covers restrictions on the use of resources imposed

on people living outside the park or protected area, or on those who continue living inside the park or protected area during and after project implementation. In cases where new parks and protected areas are created as part of the project, persons who lose shelter, land, or other assets are covered under para. 3(a). Persons who lose shelter in existing parks and protected areas are also covered under para.3(a).

8"Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account (for a detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of para.6.If the residual of the asset being taken is not economically viable, compensation and resettlement assistance are provided as if the entire asset had been taken. The alternative assets are provided with adequate tenure arrangements. The cost of alternative residential housing, housing sites, business premises, and agricultural sites to be provided can be set off against all or part of the compensation payable for the corresponding asset lost.9 If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken.

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Offered support for a transition period based on reasonable estimate of the time10 likely needed to restore their livelihood and standards of living11.

Provided with development assistance in addition to compensation measures described in paragraph 6(a) (iii) of the OP4.12, such as land preparation, credit facilities, training, or job opportunities.

10Reasonable time to restore livelihood and standards of living shall be determined in consultation with PAPs during the consultation process11 Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar arrangements

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CHAPTER FOURSOCIOECONOMIC AND CENSUS DATA

Census and Socioeconomic SurveyThe objective of the census and the socioeconomic survey exercises were to identify and determine the number of Project Affected Persons (PAPs), impacts on their assets as a result of land acquisition and disturbances that are likely to be caused by component 1 activities as well as to record their socioeconomic status of PAPs prior to the sub project intervention in the 13.1km corridor(s). The outcome of the census and the socioeconomic exercises shows that a total of 22 Project Affected Persons (PAPs), made up of 18 males and 4 females will be impacted by component 1 activities.

Census Cut-Off DateThe Census cut-off date refers to the date after which no new improvement on land, cultivation or economic activity on the required corridor for road rehabilitation will be eligible for compensation. During the public consultation of July 20, 2019, the cut-off date of was announced to be July 26, 2019. Following the conclusion of the census on July26,2019, the cut-off date was announced prior to commencement of census and made known through appropriate traditional (the traditional leaders mobilized the town criers with representative of the SPIU) means of reaching-out at community level.

Data Analysis and InterpretationThe socioeconomic study and survey covered the following thematic areas: gender, age distribution; marital status; nature of trade/occupation of vendor/PAPs; income category, etc.

Analysis of PAPs InterviewedA total of 22 questionnaires were administered to identified Project Affected Persons (PAPs) across the length of the road corridor. The Project Affected Persons (PAPs) are those who are residing within the 13.1km priority roads corridor and fall under the eligibility criteria stated in OP 4.12 paragraph 15 (a), (b) and (c). These persons shall be considered as PAPs and will be eligible for compensation and resettlement assistance under this RAP.It is important to note that the impact of the project activities on the sources of livelihood of PAPs will involve road rehabilitation work within 12m from the shoulder of the road.

Gender Distribution of PAPsOut of the total number (22) of PAPs, 18 are males (82%) while 4 are females (18%). This show that the proposed civil works would affect more males who are by the African tradition heads of households. The sex and age distribution of the PAPs are presented in table 4.1 below.

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Table 4.1: Gender Distribution of PAPsGender Distribution of PAPs

No. of PAPs Percentage (%)

Male 18 82Female 4 18Total 22 100

Land acquisition for the project will disproportionately impact male who have responsibilities to provide and cater for their families. Their ability to earn income from: i) cash crops and ii) other economic trees will be temporarily limited.This impact needs to be mitigated and N500,000.00 is allocated to offset project impacts on the 22 PAPs.

Age Distribution of PAPsAlso, the age distribution of the PAPs reveals that only 9% male PAPs are within the ages 31-40 years, 23% male and 4% female PAPs are between 41-50 years, 50% male and 14% female PAPs are above 51 years.The only vulnerable12 PAP in the project area is an elderly widower (within the age range of 70-75 years), he cannot move around without adequate support and assistance. He will need assistance and protection that will help him overcome difficulties in the process. The identified vulnerable person will be provided with seedlings and livelihood restoration assistance for equivalent of N232, 500.00. Table 4.2: Age Distribution of PAPsAge Distribution of PAPs (Years)

Male (%) Female (%)

<20 - -21-30 - -31-40 2 9 -41-50 5 23 1 451+ 11 50 3 14Total 18 4

Marital Status of PAPsAnalysis of the marital status of PAPs shows that 86% of the PAPs are married while 9% 5% represent widows and widowers respectively as presented in table 4.3 below. Aside the only identified vulnerable PAP (an elderly man), none of the PAPs would be disproportionately impacted due to their marital status.

12 Might suffer disproportionately or face the risk of being marginalized from the effects of resettlement

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Table 4.3 Marital Status of PAPs

CategoryMarital Status

Married Single (%)Married 19 - 86Divorced - -Widow - 2 9Widower 1 5Total 19 3 100

Literacy and Household Population of PAPsAlso, 96% of the PAPs are educated (consisting of 82% male and 14% females) while 4% female is an illiterate. The household population distribution also shows that the male PAPs i.e, 18% have an average household population of <5 people, 55% and 9% females has a population ranging from 6-10 people while 4% female PAP has an average household size of 11-15 and 4% male PAP has above 20 people as shown in table 4.4 below.

Table 4.4 Literacy and Household Population of PAPsLiteracy Distribution Male (%) Female (%) Literate 18 82 3 14Illiterate - 1 4Household Population Distribution

Male (%) Female (%)

<5 4 18 -6-10 12 54 2 911-15 1 5 1 516-20 - 1 520+ 1 5 -

Occupational Distribution of PAPsThe census reveals that 1 PAP earns income from trading, 16 rely on income from farming, 1 engage in technical/artisanal services while 4 women engage both in farming and trading of agricultural produce as presented in table 4.5 below. Since farming is the major occupation of the PAPs, it implies that the proposed civil works will affect some crops and economic trees along the RoW which would also affect the income of the PAPs. These are unavoidable impacts and; while advancing the road rehabilitation work, the project will consider all possible design options that will minimize subprojects impacts on crops and means of livelihoods.

Table 4.5: Occupational Distribution of PAPsS/No Occupation No of

Male(%) No of

Female(%)

1. Trading 1 5 -2. Farming 16 73 -3. Technical/Artisan 1 5 -4. Farming +

Trading- 4 18

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The project activities will not lead to the displacement or impede any PAP from carrying out his/her livelihood activities such as trading or artisanal, since there are no shops/physical structure(s) to be displaced by the project activities, compensation will only be paid for the affected crops and economic trees.

Average Monthly Income of PAPsThe census indicated that 32% of the PAPs earns aboutN333.00 a day – which is equivalent of US$0.93, 32% of the PAPs earns an average of N700.00 a day which is equivalent of US$1.96, another 32% earn an average of N1, 516.00 a day which is equivalent of US$4.25 while the remaining 4% makes N2, 367.00 a day equivalent of US$6.63. This picture presents that income inequality in the 13.1km corridor is prevalent and could be worsen if adequate compensation and resettlement assistance is not provided for those whose income is below the US$1.90 poverty threshold.

Table 4.6: Average Monthly Income of PAPsS/No Estimated Monthly Income No of

Male (%) No of

Female (%)

1. < N 10,000.00 5 23 2 92. N11,000- N 30,000 6 27 1 53. N 41,000- N 50,000 6 27 1 54. N 51,000- N 60,000 - -5. N 61,000- N 70,000 - -6. N 71,000 1 4 -7. Can’t Say - -

In order to assist those PAPs who are below and at the edge of the poverty threshold, this RAP will provide resettlement assistance in the amount of N500, 000.00.

Distribution of Ownership of Affected CropsThe survey shows that 23% males and 4% females PAPs leased the affected crops, 55% males and 14% of the PAPs are owners of the crops and 4% of affected trees belong to a religious institution in Oyebola village. The distribution of the ownership and the affected crops shows that the proposed civil works will affect crops own by individual PAPs, institution and those own by lease holders. This will affect the income of the respective owners with its impact on the livelihood, thus, adequate compensation and livelihood restoration will be provided to the PAPs. A table showing the ownership and crop distribution is further presented in Table 4.7 below.

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Table 4.7: Ownership Distribution of Affected Crops

S/N. Affected Crops/Trees

OwnershipPersonal Landlord/

LeaseInstitutional (%)

Male (%) Female (%)

Male (%)

Female (%)

55 14 23

4 4

Crops1 Cocoa tress 52 4 40 4 -2 Kolanut

trees72 14 14

3 Oil palm trees

79 16 1 4

4 Guava trees 91 - 95 Banana and

Plantain stems

100 - - - -

6 Orange trees

92 - 8 - -

7 Coconut trees

100 - - - -

8 Mango trees 50 50 - - -9 Aberia 50 - 50 - -10 Pawpaw 100 - - - -11 Cashew

trees100 - - - -

Economic Trees

12 Gmelina 85 - - - 1513 Teak 100 - - - -

Age Distribution of Affected CropsAnalysis of the survey instrument shows that the 14% of the crops have age range between 1-5 years, 22% of the crops are between 11-15 years old, 5% of the crops are between 16-20 and 59% of the crops are 21 years old and above as presented in table 4.8 below. It implies that the affected crops are matured and thus the civil works would reduce the income of the PAPs since the affected crops would be cleared for the project. However, this negative impacted has been fully taken care by the RAP.

Table 4.8: Age Distribution of Affected Crops

S/No Age of Crops (Years)

(%)

1. 1-5 142. 6-10 -

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3. 11-15 224. 16-20 55 21+ 59

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CHAPTER FIVEREVIEW OF POLICIES, LEGAL AND INSTITUTIONAL

FRAMEWORKSLocal Laws and Customs Governing ResettlementThe Constitution of the Federal Republic of NigeriaThe Constitution of the Federal Republic prohibits compulsory acquisition by the State of property without the prompt payment of compensation. It recognizes:

The right to private property; to acquire and own property and to protection by the State,

The right of access to a court of law or tribunal for the determination of interest in the property and the amount of compensation.

Land Use ActThe Legal basis for land acquisition and resettlement in Nigeria is the Land Use Act 1978 (modified in 1990). Basic rights and directives governing land/ property-take under this act include:

All lands in the territory of a state are vested in the governor of that state, to be held in trust and administered for the use and common benefit of all Nigerians;

Governors possess lawful authority to revoke a right of occupancy for overriding public interest.

The Land Use Act of 1978 (LUA), the Constitution of 1999 and the Public Lands Acquisition Laws of the relevant states constitute the governing policy for land acquisition in Nigeria. As is the case with most national and state laws on compulsory acquisition of land in the public interest or for a public purpose, the legislation enables the State to acquire land (more precisely, to abrogate leases and other authorizations to occupy land). The Acts also specify the procedures the State must follow to clear the land and define the compensatory measures the State must implement in order to compensate the people affected. Under the LUA, there are two types of land rights (USAID, 2010): • Statutory occupancy rights: Individuals and entities can obtain a statutory

right for occupancy of urban and non-urban land. Recipients of Certificates of Occupancy are obligated to pay the state for any unexhausted improvements (i.e. improvements with continuing value such as a building or irrigation system) on the land at the time the recipient takes possession and must pay rent fixed by the State. Rights are transferrable with the authorization of the State Governor.

• Customary right of occupancy: Local Governments may grant customary rights of occupancy to land in any non-urban area to any person or organization for agricultural, residential, and other purposes, including grazing and other customary purposes ancillary to agricultural use. The term for customary rights (which is contained in the application form and not the

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legislation) is 50 years and may be renewed for a second 50-year term. Recipients of customary rights of occupancy must pay annual tax on the land and cannot transfer any portion of the rights without approval of the Governor (for sales of rights) or the local government (other transfers).

The LUA vests all land in the urban areas of each state under the control and management of the Governor of the State. The Governor of the State holds the land in trust for the people of the state and is solely responsible for the allocation of land in all urban areas to individuals who reside in the state and to organizations for residential, agricultural and commercial purposes. All other land in the State subject to conditions under the LUA is under the control and management of the local government. The Act divests traditional owners of land and vests such land in the state Governor for the benefit and use of all Nigerians. It provides the processes through which land may be acquired by the Federal Government. On rural land where there are no formal title deeds and any land rights are customarily held, compensation for land acquisition is only provided for buildings, crops and other ‘improvements’ to the land as well as rent for the year the land was occupied. Payment is not paid for land itself since customary ownership is not recognized by government. For community-owned land where ownership is not claimed by any one individual or family, the Governor will determine who receives the compensation. This might be the community or the chief or a community leader who can make use of the money according to customary law. Alternatively, money can be paid into a community fund. The Governor has the power to cancel the right that any person has to live on or make use of any piece of land, if the land is required for use in the interest of the public. This includes mining and oil pipelines. Rights to land cease with immediate effect upon receipt of notice from the GovernorCustomary LawUnder customary law, land can be owned by the community; clan or family; traditional institutions; or individual. Diverse customary practices exist from place to place, which permit lands to be sold, given away, inherited or reserved, as the case may be. By Nigerian law, where land is owned by the community, compensation may be paid to the chief on behalf of the community or into a specially designated fund for the benefit of the community.Nigeria’s Cultural Policy (1996)The National Cultural Policy is generally regarded as an instrument of promotion of national identity and Nigerian unity, as well as of communication and cooperation among different Nigerian and/or African cultures. Cultural Heritage laws on Archaeological excavationsThe definition of Cultural Object is designated under the National Commission of Museums and Monuments laws, ordinances and decrees issued in 1969, 1974 and 1979 consolidated in NCMM Act, chapter 242, Laws of Nigeria, 1990 and the National Archives Decree No 30 of 1992.

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Under the laws establishing these institutions who are in charge of the protection of Cultural property in Nigeria. Cultural Object is captured as antiquities, quoting inter alia Section 32(a-c) i, ii,”

a) Any object of archaeological interest or land in which any such object was discovered or is believed to exist; or

b) Any relic of early human settlement or colonization; or c) any work of art or craft work; including any statutes, model, clay,

figure, figure cast or rust metal, carving, house post, door, ancestral figure, religious mask, staff, drum, bolt, ornament, utensil, weapon, armour, regalia, manuscript or document if such work of art or craft work is of indigenous origin and – (i) was made or fashioned before the year 1918; or (ii) is of historical, artistic or scientific interest and is or has been used at any time in the performance and for the purposes of any traditional ceremony...”

Summary of the basic principles of the regulations on archaeological excavations and on the monitoring of excavations in force in the country are noted below.Under NCMM Act, Chapter 242, Laws of Nigeria, 1990, Section 19 (i) titled “Excavation and Discoveries” Section 19 (1) No person shall by means of excavation or similar operations search for any antiquities unless authorized by permit issued by the Commission and with the consent of the State Government in whose territory the search is to be carried out. (2) The commission shall before issuing a permit under this section satisfy itself that the applicant is competent by training and experience to carry out the operations for which the permit is required and may in its discretion require to be satisfied that he has the financial means or the finance or other support of an archaeological or scientific society or institutions of good repute (3) A permit issued under this section – (a) may be made subject to such conditions as the Commission may think fit to impose; (b) may at any time be revoked by the Commission without any reason being assigned; (c) shall not be of itself any right to enter upon any land without the consent of the holder or occupier of the land or of any other person entitled to grant such consent. (4) Notwithstanding the issue of a permit under this section, the person to whom the permit was issued and all persons engaged in any excavation or other operations to which the permit relates shall, if so required by any person duly authorized in writing by the Commission, suspend such operations until notified by the Commission that they may be resumed. (5) Any person who contravenes the provision of sub-section (1) or (4) of this section or fails to comply with any conditions of a permit granted to him

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under this section, shall be guilty of an offence and liable on conviction to a fine of N500.00 or to imprisonment for six months or to both such fine and imprisonment. Section 20- (1) Any person who discover an object of archaeological interest in the course of operations mentioned in the sub-section (1) above shall, not later than 7 days thereafter, give notice thereof together with particulars of the place and the circumstances of the discovery to the Commission and to the Secretary to the local government where such discovery is made or to such other persons as may be prescribed. (3) Any person who knowingly fails to comply with any of the foregoing provisions for this section shall be guilty of an offence and liable on conviction to a fine of N500 or to imprisonment for six months or both such fine and imprisonment. There is an association called The Art Rescuers of Nigeria which is formed by different individual Nigerians scattered all over the countries comprising of about 100 art agents empowered by the National Commission for Museums to retrieve cultural objects in the different communities spread all over Nigeria. Presently, the Government is trying to sensitize the different communities on the importance of cultural objects so that they will understand it’s centrality to their very existence itself.National Social LegislationIn the consideration of Nigerian social legislation, the following issues may be some of the important social aspects of the Project:

• Resettlement and displacement; • Community health and safety; • Labour, working conditions and employment; • Cultural property; • Economic activities; and • Access to fishing.

The following pieces of legislation would be the applicable regulatory instruments. International Best Practice Standards and GuidelinesDevelopment Finance Institutions such as the World Bank provide guidance on their requirements for the RAP process and place emphasis on achieving sustainable environmental, social and health outcomes. The overall Project design and this RAP are based on relevant guidelines published by the World Bank and therefore are expected to meet the resettlement requirements of potential lending institutions. The international requirements and standards have been considered within the RAP process and are described below:

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• World Bank's Environmental and Social Safeguard Policies, including: • OP 4.12 - Involuntary Resettlement (World Bank OP 4.12)

OP 4.12 – Involuntary ResettlementAccording to the World Bank’s safeguard policy on Involuntary Resettlement, physical and economic dislocation resulting from World Bank funded developmental Projects should be avoided or minimized as much as possible. Unavoidable displacement should involve the preparation and implementation of a RAP to address the direct economic and social impacts resulting from the resettlement. Under World Bank OP 4.12, the steps required for resettlement preparation and planning are as follows (World Bank, 2004): • Step 1: Land Acquisition Assessment: to establish the extent, location

and current use of the land required for the Project. • Step 2: Avoid / Minimize Resettlement: seek alternative locations /

routes for the Project. • Step 3: Household Census and Socioeconomic Survey: an inventory

of persons by the Project and associated assets (including physical structures and land-based assets such as crops and grazing land). They are usually conducted in close coordination with local government officials so that the data can be validated.

• Step 4: Legal Framework: used as a basis for acceptance and enforcement of terms included in the RAP. It also enables eligibility criteria and entitlements to be decided based on relevant local and international requirements. This step defines the cut-off date for entitlements.

• Step 5: Stakeholder Consultation: consultation with the affected population in order to ensure that the resettlement plan is implemented fairly, meeting the needs of all concerned. It allows local communities to express their concerns and answer questions and is the forum in which valuation and grievance procedures are discussed and agreed.

• Step 6: Feasibility Study of Resettlement Sites: determines the viability, of residential and agricultural sites. It includes a host population capacity assessment to evaluate the availability of water, soil quality and topography; it also includes a needs assessment to ensure that the sites meet the needs of both the host and resettled communities.

• Step 7: Feasibility of Income Improvement Measures / Livelihood Restoration and Capacity Development: determines the technical, economic and financial feasibility of programs proposed to restore the livelihoods of those economically affected by the Project and includes assessing training needs, vacancies and opportunities for job creation.

• Step 8. Implementation: involves setting up the working groups/institutional framework to manage resettlement, putting the grievance mechanism in place, moving and resettling affected persons,

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distributing compensation and managing livelihood restoration programmes.

Differences between Nigerian Law and OP 4.12There are clear differences between OP 4.12 and Nigeria policy guidelines on (i) eligibility and valuation of compensations. Country legislature stops at compensation for lost assets, whereas the OP 4.12 goes further with measures to ensure that (i) Displaced people are not worse-off after displacement; (ii) Threatened livelihoods and coping strategies are strengthened; (iii) Incomes, ways of life and socio-cultural networks are restored; and (iv) Consultation and participation protocols allow displaced persons to enjoy greater benefit of voice and choice in the resettlement process etc.These and other differences are elaborated in Table 5.1 below

Table 5.2: Comparison of Nigerian Legislation and World Bank Resettlement Policy

Resettlement Aspect

Nigeria’s Policy

OP 4.12 Addressing the Gaps

Land owners Cash compensation based upon market value.

Recommends land-for-land compensation. Other compensation is at replacement cost.

The eligible PAPs will be compensated on replacement cost.

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

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

Those with legal right on the land are compensated and those without any form of rights on the land but affected by the project as of the cut of date are given a form of compensation based on impacts.

Owners of “Nonpermanent” and “permanent” buildings

Cash compensation based on market value.

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

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

Encroachers and squatters. Illegal structures

No compensations

Entitled to compensation for buildings, structures,

installations and

improvements and other assistance measures

Entitled to compensation for buildings, structures, installations and improvements and other assistance measures

Consultation Silent Insists upon consultation and informed participation of all affected persons throughout resettlement process.

Insists upon consultation and informed participation of all affected persons throughout resettlement process.

Loss of Access/Rights of Way

Silent Provide assistance to offset the loss of such resources to a

Provide assistance to offset the loss of such resources to a

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community communityLivelihoods Silent Compensation for loss

of assets at full replacement cost and other assistance to improve or at least restore standards of living and livelihoods.

Compensation for loss of assets at full replacement cost and other assistance to improve or at least restore standards of living and livelihoods.

Communal resources

Where land is owned by the community, compensation may be paid to the chief on behalf of the community or into a specially designated fund for the benefit of the community

Where land is collectively owned, the project is to offer land-base compensation where feasible Endeavour to offset the loss of communal resources through support for initiatives that enhance the productivity of the remaining resources, in-kind or cash compensation for loss of access, or provide access to alternative sources of the lost resource.

Where land is collectively owned, the project is to offer land-base compensation where feasible Endeavour to offset the loss of communal resources through support for initiatives that enhance the productivity of the remaining resources, in-kind or cash compensation for loss of access, or provide access to alternative sources of the lost resource.

Resettlement assistance

Silent Affected persons provided with assistance with movement, transition support and to re-establish access to lost resources.

Affected persons provided with assistance with movement, transition support and to re-establish access to lost resources.

Vulnerable groups

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

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

Grievance Land Use Act provides for establishment of a Land Use and Allocation Committee in each state to arbitrate compensation related disputes. Either party may seek judicial redress in the courts.

Requires the elaborate design of multiple orders of grievance redress mechanism, which provides varied access to suit PAPs understanding and comfort for dispute resolution promptly in an impartial and transparent manner

Requires the elaborate design of multiple orders of grievance redress mechanism, which provides varied access to suit PAPs understanding and comfort for dispute resolution promptly in an impartial and transparent manner.Recognizes judicial redress as the last option.

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The RAP for this road rehabilitation project is aligned with the World Bank Operational Policy (OP 4.12) and where there are gaps between the relevant Nigerian legal provision on land acquisition and compensation) and the World Bank Policy (OP 4.12), the policy or the legal provision that offers better choice to PAPs will be applied.

CHAPTER SIXINSTITUTIONAL ARRANGEMENT FOR RAP IMPLEMENTATION

IntroductionThis RAP involves many Federal and State Ministries, Departments and Agencies (MDAs), as well as local governments and communities. This RAP recognizes this and has developed institutional arrangements amongst public agencies with local communities and project affected persons with a view to ensuring good project management. The roles and responsibilities of the participating parties in collaborative efforts are well outlined. A gap has been identified in terms of capacity building and training of these stakeholders and this has been highlighted in this chapter in terms of measures designed for strengthening their capabilities to carry out their respective activities. Also presented is the budget and cost for the RAP implementation.

Organisational Arrangement - Roles and ResponsibilitiesThe implementation of the RAP shall require close collaboration among all the stakeholders. The roles and responsibilities of all the various stakeholders relevant in the development, implementation and administration of the RAP and to an extent in the overall project management are outlined below:1. State Project Implementation Unit (SPIU)The SPIU, as the implementing authority, headed by Project Coordinator (PC) authorized to take decision on financial matters within the provided budget, has the mandate to:

• Develop and implement RAP and other safeguard instruments. • Drive activities of procurement, capacity building, service-provider

mobilization.2. SPIU Social Safeguard Officer

• Initiate Resettlement Action Plan (whenever the project involves displacement of homes or businesses) or land acquisition of any kind).

• Review and approve Contractor’s Implementation Plan for the social impact measures as per the RAP

• Liaise with the Contractors and the SPIU on implementation of the RAP.3 Monitoring & Evaluation Officer

• Responsible for the monitoring and evaluation of the project• Conduct monitoring of RAP implementation activities.

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• Provide early alert to redress any potential problems. Monitor target achievements and slippages.

4 Individual MDAs (State Level)Participate deeply in the annual joint work programming process facilitated by the Federal/State PMU. 5 Resettlement Implementation Committee (RIC)

Carry out meeting with each PAP. Provide all necessary information to the PAPs regarding guidance value

and basis for calculation of prices offered. Negotiate and firm up the final consent price. Intimate the decision for payment of compensation to the PAPs Ensure the Implementation of the RAP without any conflict Ensure that the project design and specifications adequately reflect the

recommendations of the RAP Establish dialogue with the affected persons and ensure that the

concerns and suggestions are referred to SPIU for appropriate response and management.

6 Federal Project Management Unit (FPMU) • Provides an oversight and advisory role in overall project management

including resettlement planning and implementation • Establishes and maintains the project management systems • reinforce the State level structures

Supervises through missions

7 Ogun State Ministry of Lands and Survey• Ensure compliance on matters of Land Acquisition and compensation and

other resettlement issues,• Verification of selected sites for resettlement and ensuring that such sites

are ideally suitable for affected people.• Invoke the physical planning and urban development law along the roads.• Ensuring that the project meets with the requirements of resettlement as

specified in the report• Make appropriate recommendation and input in the resettlement process• Ensuring that affected people are adequately compensated as stated in this

report.

8 Obafemi Owode Local Government Responsible for the appraisal of properties affected by the project. Provide additional resettlement area and amenities if the designated

locations are not adequate. Engage and encourage carrying out comprehensive and practical

awareness campaign for the proposed project, amongst the various relevant grass roots interest groups.

Appoint a suitable Desk Officer for RAP information management Participating in sensitization of all communities

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Participate in resolving grievances ; Monitor implementation of projects and activities of Operational Officers; Liaises with State SPIU Convenes and helps mobilise affected communities within and across

targeted sub-catchments Oversees community facilitators Oversight of works

SPIU Participates in site-committees.

9 Community Liaison and Support Professional A liaison between the watershed community/communities and the SPIU in close contact with community members on a frequent and

continuous basis, Assists in the formulation of community plans for livelihoods. Community sensitization and social mobilization. Assists communities to form a representative Community Association. Helps the community to identify, select and implement livelihood sub-

projects. Mobilizes cooperative labour for physical works. Provides support to the community for participatory monitoring.

10 Site Committees/ Community Development Associations (CDA) Sub-Grants (Local and Community Actors)

Site oversight. Identifies road problems and helps select and monitor solutions. Selects livelihood opportunities. Oversee physical works. Participate in site monitoring.

Cooperate with neighbouring communities and LGAs as needed for trans-boundary sub-catchments.

11 Community Interest Groups (CIGs) Coordinate community inputs to sub-catchment planning, implementation

and monitoring, with guidance from support professionals and technical providers such as extension agents.

Participating in site monitoring. Mobilise Youth and Women’s groups.

12 Grievance Redress Committee (GRC) Receive, assess and process and decide on complaints related to

compensation assistance Support PAPs in resolving issues related to R&R. Record grievance and resolve them within stipulated time. Inform SPIU about any serious cases. Report to the aggrieved parties about the decisions regarding them.

13 Contractors Comply with relevant contract clauses on resettlement issues Establish good community relations;

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Train the workforce, and avoid any form of discrimination in terms of gender, religion or tribe;

As much as possible employ the workforce from the project catchment area, and also make procurement therein;

Try to provide local infrastructure and services in the course of executing the project;

Ensure that workers and site staff are sensitive to the customs and way of life of the communities.

Promptly repair any damage to utility services or infrastructure of the community in implementation of the project.

14 Traditional Authority• Support in the identification of the right PAPs• Assist in resolving grievances of PAPs

Ensures that social values are not interfered with15 Project Affected Persons (PAPs)

• Receive compensation and move away from impact areas promptly • Coordinate with the survey team/Resettlement Committee in carefully

checking and signing off their affected lands and other assets as well as their entitlements;

• Make themselves available during census and participation in implementation;

• Provide feedback on improving the quality of the RAP and suggesting solutions for

• its effective implementation andSubmit concerns through the right grievance redress channel

16 CDAs/CBOs• Assist in resolving grievances of PAPs• Support and assist in the mobilization of the various relevant grass roots

interest groups.• May have complaints that need to be resolved in the execution of the

project with a view to avoiding conflicts and grievances. Serve as witness in compensation process and Monitoring and Evaluation

17 Witness NGOAn independent observer to witness the whole compensation resettlement process for the duration of the Project, so as to verify the compliance of the RAP implementation with the SPIU commitments18 World Bank

• Maintains an oversight role to ensure compliance with the safeguards policies, review and provide clearance and approval for the RAP.

• Conduct regular supervision for satisfactory RAP implementation, fulfillment of community liaison and provide support role throughout the project implementation, and monitor the progress of the road project construction.

• Recommend additional measures for strengthening the management framework and implementation performance.

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In case the World Bank considers the implementation to be not acceptable, and no improvements can be expected, it will require that institutional capacity building measures be taken to strengthen the SPIU.

Resettlement Activities and Responsible PartyTable 6.1 outlines specific resettlement activities and the responsible parties drawn from the roles and responsibilities indicated in Section 6.1.

Table 6.1: Resettlement Activities and Responsible PartyNO.

ACTIVITY RESPONSIBLE AGENCY

a. Coordination of Activities SPIUb. Vetting of request for compulsory

acquisition of land, Oversight of land expropriation and land issuance of titles to resettled PAPs.

Ministry of Lands and survey

c. Organization and implementation of, socio-economic studies, census of affected people and valuation of affected assets.

SPIU, Local Government Authority, Community Representative, Consultant, Site Committee

d. Notifications, request for proof of eligibility, - consultations, valuation of affected assets.

SPIU (Resettlement Consultant), Local Government Authority/Forestry Department, PAPs, Site Committee

e. Consultations, planning and preparation of RAP

SPIU/Consultants, Site Committee

f. Review of RAP SPIU and World Bankg. Disclosure of RAP SPIUh. Internal monitoring SPIU i. External monitoring and approval Site Committee,

NGOs/CBOs, Consultants, Communities, World Bank

j. Preparation of monitoring and evaluation report of RAP and disclosure

SPIU

k. Establishment of Resettlement & Rehabilitation Committees

SPIU

l. Establishment of Grievance and Dispute Resolutions Committee

SPIU, Grievance Committee

m.Procedures for dispute resolutions and actual dispute resolutions

Grievance Committee

n. Organization of necessary training and capacity building measures for the different units and other partner organizations and committees

PC, Social Safeguard Officer

o. Disclosure/notification of values. Making of offers/negotiation and payment modalities, meeting with PAPs etc.

Resettlement & Rehabilitation Committees

p. Release of funds for payment and compensation Payments

SPIU

q.Review and approve the Contractor’s Social Safeguard Officer

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NO.

ACTIVITY RESPONSIBLE AGENCY

implementation plan for the social impact measures as per the RAP.

r. Taking possession of site. SPIU, Contractors. Adherence to contractual clauses in

procurement to contractors, promptly reporting of any conflict and disputes raised during construction and ensuring that all mitigation measures required from the contractor during construction are fully applied.

SPIU, Contractor

t. Representation of SPIU/government for any law court redress cases

SPIU, State Attorney General’s Office

CHAPTER SEVENELIGIBILITY AND ENTITLEMENT

OverviewThe Resettlement Policy Framework (RPF) of RAAMP provides guidelines and procedures for identifying eligible persons for compensation and various entitlements for varied categories. This section provides with definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including the cut-off date.

Definition of PAPsThe census carried out has enabled the identification of those affected and eligible for assistance and the nature of assistance. Persons who are residing within the 13.1km priority roads corridor and fall under the eligibility criteria stated in OP 4.12 paragraph 15(a), (b) and (c) shall be considered as PAPs and will be eligible for compensation and resettlement assistance under this RAP.

Eligibility CriteriaPAPs who meet the following three eligibility criteria are eligibility for resettlement benefits:

i) Persons holding legal title (or the equivalent in customary-law) to the land they occupy or use to derive their livelihood are entitled to full replacement compensation for their property and other resettlement assistance,

ii) Persons lacking title but with legal rights that can be ratified by recognized legal process, e.g. Heirs to an estate are entitled to full replacement compensation for their property and other resettlement assistance,

iii) Persons with no legal or legitimate claim to the land they occupy, or use are entitled to resettlement assistance,

Those having legitimate rights shall receive assistance to regularize their status and shall be treated just as those having legal rights.

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Persons having no legal rights to land under law may not be compensated for the land they occupy but they are entitled to compensation for other assets (e.g. housing) and to receive assistance. In practice, this may mean that squatters and other non-legal occupants receive the same entitlement as those having legal rights. Tenants may be granted resettlement entitlements along with owners or they may be given a subsidy to find a new rental property. Entitlements shall include transitional support such as moving expenses, assistance with food and childcare during a move and other needed support. 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.

Cut-Off-DateThe cut-off-date was fixed for 26th July, 2019, one week from the community entry/consultation exercise. It was communicated through public announcement during community stakeholders’ engagement at Alapako Oni and Oyebola communities on July 20th, 2019 and Layanran, Olosun and Mosa on the 21st and 22nd of July, 2019.

Proof of Eligibility:An identification mechanism has been developed as proof of eligibility for compensation of the PAPs. A list of PAPs together with their compensation, phone numbers the means of identifications and unique identification number is presented in Annex 1.

The list also highlights their socio-economic status and compensation costs. PAPs with no phone numbers shall be identified by their community leaders so long as the name being used for claim is one recognized in the census register and the catalogue containing the PAP Identity Card.

Entitlement Matrix for the PAPsInvoluntary resettlement under RAAMP sub-projects will be implemented according to acompensation eligibility and entitlements matrix in line with both Nigerian extant laws and WB OP 4.12. A summary entitlements matrix specific for this project is detailed in the RPF for RAAMP.13

13 See RPF for details

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CHAPTER EIGHTVALUATION OF AFFECTED PROPERTIES

Valuation MethodologyThe objective of the asset valuation is to determine the current market value of the asset to be impacted, so that amount for compensation will be equal to that which can adequately replace the asset at present full replacement cost. Valuation of assets to be affected by the implementation of the component 1 and sub component 1 activities was conducted using a general principle adopted in the formulation of the compensation valuation, which follows the World Bank policy that lost income and asset will be valued at their full replacement cost such that the PAPs should not be worse-off than the pre-project level. The method employed to arrive at full replacement value is shown in the various sections of the proceeding paragraphs.

Description of Key Valuation Approaches and Compensation terms(a)Replacement Cost Approach (RCA): this is the market value of the affected

asset plus transaction cost. It is based on the assumption that cost and value are related. The RCA involves finding the estimate of the gross replacement cost of an asset which is the estimated cost of constructing a substitute structure or buying an alternative land in a location and size of equal value at current market prices.

(b)Market Comparison Approach (MCA): the MCA involves the direct comparison of the property’s value determining features with those of immediate and surrounding vicinity that sold recently. This method simply arrives at the value of an asset by taking an estimate of similar asset (in size, frame and location) sold in recent time to arrive at the cost of the asset to be acquired or demolished by a project. It is most desirable when cash compensation is the choice compensation.

Valuation Method for Crops and Economic TreesThe current market value of economic crops and trees within the project area was used to determine the compensation rate for crops and economic trees as presented in the table 8.1 below.The Replacement Cost Method (RCM) was used in estimating the value of the economic trees and crops based on market survey conducted within the project community and the resultant figure became the compensation value. The cost derivation table for cash crops and economic trees based on the market surveys is provided in Annex 1. However, the table for market survey for crops within the area carried out at Fidiwo market on 25th July, 2019 is presented in Table 8.1below.

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Table 8.1: Market Survey for Economic Tress and CropsType of

CropUnit of Measurement

Rate (N)

Years of Growth

Unit Cost of Seedling

Cost of Labour

(N)

Extended Cost (N)

CropsCocoa trees 1 basket 3,000.00 5 200.00 200.00 15,400.00Kolanut tree 1 basket 2,000.00 9 200.00 200.00 18,400.00Oil Palm trees 1 bunch 1,000.00 3 200.00 200.00 3,400.00Guava trees 1 basket 1,000.00 4 100.00 200.00 4,300.00Banana and Plantain stems

1 bunch 500.00 1 150.00 300.00 950.00

Orange tree 1 basket 500.00 9 200.00 200.00 4,900.00Coconut 1 dozen 720.00 6 200.00 200.00 4,720.00Mango trees 1 basket 600.00 6 100.00 200.00 3,900.00Aberia 1 module 600.00 5 100.00 200.00 3,300.00Pawpaw 1 dozen 500.00 1 100.00 200.00 800.00Cashew trees 1 basket 2,000.00 5 200.00 200.00 10,400.00Economic treesTeak trees 1 tree 4,000.00 9 100.00 200.00 36,300.00Gmelina trees 1 tree 4,000.00 9 100.00 200.00 36,300.00

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CHAPTER NINECOMPENSATION AND RESETTLEMENT ASSISTANCE

IntroductionThe objective of compensation and resettlement assistance are to assist PAPs to restore their assets and livelihood at a minimum to pre-project level if not better. Compensation payment to PAPs shall be in kind, cash or other assets given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole.

Impact of the Project on PAPThe inventory of assets carried out in the 13.1km roads revealed that the number of assets/property that would be affected are mainly individual or household owned agricultural produce (economic trees/crops), traders and mechanic/artisans.

Category of Affected PersonsA total of 22 persons have been identified as project affected persons (PAPs). The list of Affected Persons and Assets types is provided in Annex 1, also the compensation matrix is presented in Annex 2.

Table 9.1: Number and Category of Affected PersonsCategories of PAPs

Type of Loss

Category of

Affected PAPs

No. of PAPs

Replacement/Compensation

Other Assistance

Owners of improvement on Lands

Loss of crops and economic trees

Farmers 15 Compensation for loss of economic trees which is the accumulation of current market value of annual yield x No of years for maturity + cost of seedling + cost of labour.

Entitled to livelihood restoration assistance.Assistance in identifying new farm lands

Loss of crops and economic trees

Sharecroppers

5 Compensation for loss of economic trees which is the accumulation of current market value of annual yield x No of years for maturity + cost of seedling + cost of labour.

Entitled to livelihood restoration assistance.Assistance in identifying new farm lands

Corporate entity/instituti

Loss of economic

Religious institution

1 Compensation for loss of economic trees which is

NA

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Categories of PAPs

Type of Loss

Category of

Affected PAPs

No. of PAPs


Other Assistance

on trees the accumulation of current market value of annual yield x No of years for maturity + cost of seedling + cost of labour.

Vulnerable PAP

Cumulative impact on livelihood

Elderly persons of age 70 -75 years


Livelihood restoration assistance

Total No. of PAP

22

Compensation for Crops and Economic TreesImpacted agricultural resources are mainly economic trees, which include cocoa trees (100), kolanut trees (14), gmelina trees(65), banana/ plantain stems (10), palm trees (80), guava trees (11), orange trees (13) and teak trees(1). Others economic trees include Coconut (1), Mango (1), Cashew (2), Pawpaw (1) and Aberia (1). As shown in summary of compensation for economic trees and crops, a total of N3,347,420.00 will be required to for compensation of crops.Table 9.2: Summary of Compensation for Impacted Crops and Economic Trees

Type of Crops Total No. of Affected Crops

Compensation (N) USD %

CropsCocoa trees 100 1,540,000.00 4,219 50Kolanut trees 14 257,600.00 706 1Palm trees 80 272,000.00 745 9Guava trees 11 47,300.00 130 2Banana and Plantain stems

10 9,500.00 26 1

Orange trees 13 63,700.00 175 2Coconut trees 1 4,720.00 132 1Mango trees 2 7,800.00 21 1Aberia 5 16,500.00 45 1Pawpaw 1 800.00 2 1Cashew trees 2 20,800.00 57 7Economic TreesTeak tree 1 18,300.00 50 1Gmelina trees 65 799,500.00 2,190 26Total 305 3,347,420.00 9,171 100

Compensation for SharecroppersThe Replacement Cost Method (RCM) was also used in estimating the value of the affected economic trees and crops based on market survey conducted within the

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project community and the resultant figure became the compensation value as presented in table 8.1 above. However, the Sharecroppers will also be part of the PAPs that will benefit from the livelihood restoration plan which the sum of N500, 000.00 has been budgeted. The summary of the compensation for sharecroppers is presented in table 9.3 below.

Table 9.3: Summary of Compensation for SharecroppersS/N

Category of PAPs

Number Sharecroppers PAPs


Resettlement Assistance

1 Sharecroppers


Will benefit from livelihood restoration plan

Compensation for Corporate Entity/InstitutionThe only affected corporate entity/institution is a religious institution (Holy Mary C & S Church) which has ten (10) gmelina trees and a compensation of N246,000.00 (as stated in appendix 1). The compensation for loss of economic trees is based the accumulation of current market value of annual yield x No of years for maturity + cost of seedling + cost of labour.

Support to Vulnerable PersonsProvision of a total of N 322,500 additional support to an elderly vulnerable person to make up for the impact associated with the loss of his crops/economic trees have been made. The elderly person is between 70-75 years. In addition to compensation of N 232,222 for loss of his crops and economic trees, he’ll be assisted with additional resettlement assistance for the amount of N190, 000.00 as shown in the table below. The additional assistance was calculated based on N15,000.00 a month for a period of six months.

Table 9.4: Breakdown of Livelihood Restoration Estimates for Vulnerable PAPID No. of PAP

Name of PAP Resettlement Assistance

Unit Cost (N) Total Cost (N)

1 Pa Timothy Okanlawon

Compensation:Replanting of the following:

- 10 cocoa seedlings

- 5 oil palm- 5 gmelina

trees

154,000.0061,500.0017,000.00

232,500.00

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Resettlement AssistanceMonthly allowance @N15,000 for 6 months

90,000.00

Total Compensation and Resettlement Assistance 322,500.00

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CHAPTER TEN

PUBLIC PARTICIPATION ANDCONSULTATIONS

IntroductionThe public consultation process for the project began during the early stage of reconnaissance level-survey. This has further been enriched through interactions and consultation with the relevant stakeholders in the course of the preparation of this RAP. Public consultation and participations are essential because they afford PAPs and the general public the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts. The more direct involvement of the local level people in the planning and management processes, the greater the likelihood that resource use and protection problems will be solved as well as the likelihood of development opportunities occurring in a balanced way and to the broad benefit of all communities in the project.

Objective of the ConsultationThe objective of the consultation is to inform PAPs about their rights and choices. The consultation was/is geared toward providing PAPs with adequate information as well as other interested stakeholders. The public consultation sought to achieve the following:

Inform stakeholders of the project activities and provide adequate information on the project, its components and its activities.

Establish grievance and effective complaints mechanism on the project. Obtain vital information about the needs and priorities of affected persons Inform the PAPs and the communities about various options of

resettlement and compensation. Obtain cooperation and support of the project affected persons Ensure accurate and transparent resettlement and rehabilitation process

for Project affected Persons.

The StakeholdersStakeholders for the purpose of this project are defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes those positively and negatively affected by the project. The key stakeholders identified and consulted included the political leaders in the relevant local government areas, community heads, other opinion leaders in the communities, individual people who own properties that are directly or indirectly affected, special interest groups such as CBOs, etc.

Level of Stakeholder’s EngagementThe extent of stakeholders’ involvement was based on the relevance or significance of the impacts which was considered relatively small because it affected few numbers of PAPs. The affected persons were more consulted in

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order to appreciate their concerns and views about the project and others for their opinions with regard to ensuring sustainability of the project.

Consultation StrategiesThe process of resettlement and public participation includes both information exchange (dissemination and consultation), and collaborative forms of decision making. Information dissemination and consultation with stakeholders, especially the Project Affected Persons (PAPs) means transfer of information from Project proponents to the affected population. It provides an opportunity for all the communities in the areas to raise issues and concerns pertaining to the project, and allow the identification of alternatives and recommendations. Specific objectives of the public information campaign and public consultation include: fully share information about the ongoing project, its components and its activities, with affected people, obtain information about the needs of the affected people, and their reactions towards proposed activities, ensure transparency in all activities related to land acquisition and compensation payments and ask local residents especially the interested and affected parties about the problems anticipated with the project and how these can be overcome.

The consultation process ensured that all those identified as stakeholders were consulted. These included Focus Group Discussions/meetings with the various stakeholders within the project beneficiary communities which was held between 20th to 24 of July, 2019. Furthermore, PAPs one-to-one meeting was used during the census survey of the socio-economic activities along the corridors and other concerned community members at different times. The summary of the concern is presented in Annex 4.

Discussion with Stakeholders and Summary of Outcome ConclusionAt the meetings, the overview of the project and appreciation of RAP implementation and other related information were presented to the stakeholders. Furthermore, the challenges emanating from the implementation of the project and the support needed/given from all parties to ensure effective project and successful implementation were also discussed. At the fora, the displaced persons and community members were provided information and consulted on resettlement options available to them, and offered opportunities to participate in planning, implementing, and monitoring resettlement as well as the grievance redress mechanism. In other words, the PAPs, specifically, were told that they have the opportunity to air their concerns and suggestions which will be incorporated to the extent possible in project design and implementation. They were made aware of their rights, which include compensation for impacts and alternatives even if they are willing to give up land, assets and or livelihood in the general public interest. They also discussed their concerns and views about the intervention work.

All the stakeholders and Project Affected Persons (PAPs) expressed happiness and willingness to support the project. Stakeholders were commended for their willingness to support the project. Plates 10.1 to 10.4 show some of the stakeholders during the meeting. The summary of the concerns raised by the

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stakeholders’ and the responses during the meetings is presented in table 10.1 below.

Plate 10.1: Consultation with Women Group Plate 10.2: Consutation with Men Group

Plate 10.3: Youth Engagement Plates 10.4: Some of the Stakeholders Engagement

Table 10.1: Summary of Stakeholders ConcernsS/No Concerns of

StakeholdersResponse Agreed Actions

1. The stakeholders sought to know when the project will commence.

The SPIU team assured the project beneficiary communities that the project would commence very soon as the RAP/ESMP preparation are parts of the preliminary activities.

SPIU to inform the PAPs as event unfold.

PAPs requested for time to harvest affected crops prior to commencement.

2. The community members requested for the width of the RoW

The stakeholders were told that the project will follow the existing alignment of 6m to 12m.

The farmers agreed with the RoW

3. The issue of compensation was also sought for the owners of crops that would be

The stakeholders were told that adequate compensation shall be given to PAPs.

PAPs agreed to be compensated

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affected by the project.4. The community

members sought to know whether drainage and river crossings would be constructed

The SPIU team told assured the stakeholders that the drainage would be provided while adequate locations new locations has also been added to the existing river crossings by the design engineering team.

To wait for construction activities as agreed

5. The issue of vehicular accident especially around major landmarks such as schools and health centre was raised

The stakeholders were assured that necessary speed brakers and traffic management plan would be implemented for all phases of the project.

Contractor staff to maintain speed limit

Install speed breakers

ESMP for this sub-project have taken into account community safety issues and should be implemented alongside the RAP.

6. The issue of employment considerations for the youths were sought by the women and the youths

The stakeholders were told that the civil contractors will give employment considerations to the youths.

To wait till project begin

RAP Public DisclosureSPIU will publicly disclose this RAP, in English and in local language, where need be and make copies available and distribute with a letter accompanied to local government authorities concerned. This could be done by: a) publishing it on SPIU’s website; b) depositing/posting it in a range of publicly accessible places such as, Traditional Heads’palaces and community squares where they could be protected and not abused. In addition, SPIU will ensure that the affected public is adequately sensitized through public meetings, notices, and handbills/information booklets.

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Once this RAP is disclosed, the public have to be notified both through administrative structures and informal structures about the availability of the RAP documents and also be requested to make their suggestions and comments. The complete approved RAP will be made available in easily accessible locations in or near the affected areas. Once disclosed in Nigeria, SPIU will authorize the WB to disclose on the World Bank website.

CHAPTER ELEVENGRIEVANCE REDRESS MECHANISM14

IntroductionThe likelihood of dispute is much reduced because the few affected persons due to the road rehabilitation project have been adequately consulted.Nevertheless, in the event that grievances arise, this redress mechanism has been prepared. Already, the affected persons have been helped to appreciate that there are provisions for addressing any complaints or grievances. The grievance procedure will further be made available to the affected persons during the project implementation. From the start, it should be understood that the formal legal mechanism for grievance resolution tends to be a lengthy, costly and acrimonious procedure. Hence non-judicial, dialogue-based approaches for preventing and addressing community grievances are advocated.The Grievance mechanism designed herewith has the objective of solving disputes at the earliest possible time, which is in the interest of all parties concerned; it thus implicitly discourages referring such matters to the law courts for resolution, which would take a considerably longer time.

14 This GRM is subject to review upon the completion and approval of the GRM for 4 priority RAAMP states being developed by an individual consultant

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Some of the envisaged complaints that may be associated with is RAP include omission of name on the list, dispute about ownership, losses not identified correctly among others should be well stated.

Grievance Redress ProcedureThere is no ideal model or one-size-fits-all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, local customs, and project conditions and scale.In its simplest form, grievance mechanisms can be broken down into the following primary components:

Receiving and registering a complaint. Screening and assessing the complaint. Formulating a response. Selecting a resolution approach. Implementing the approach. Announcing the result. Tracking and evaluating the results. Learning from the experience and communicate back to all parties involved. Preparing a timely report to management on the nature and resolution of

grievances.

Step 1: Dissatisfied PAP forwards complaints to Ad-hoc Community Based Grievance Redress Committee The first step of this procedure is for the aggrieved PAP to make a complaint to the Community Based Grievance Redress Committee (CBGRC). This CBGRC shall be constituted prior to the RAP implementation along with a State Based GRC. Membership of the CBGRC shall be bipartite, comprising of (i) government members (Ogun RAAMP officers already involved in community level work) and (ii) community members. In specific terms, the government side of the team would comprise of the Ogun RAAMP Safeguards officers, M&E officer, Communications officer and Project engineer; who have been involved with community level work; while the community side would include community leaders who have been working with Ogun RAAMP so far in project development, information dissemination, identification of PAPs, decision making etc. Examples are the community paramount ruler, selected chiefs/opinion leaders, market women leader (s) and selected CDA members as the case may be from one community to the other. This CBGRC shall be headed by the most publicly trusted community leader, preferably chosen by consensus and approved by the paramount leader.Membership of the CBGRC shall be between 8 and 10numbers, depending on the specific circumstances in each community. The CBGRC shall be constituted as soon as the RAP is approved for implementation and will take part in RAP disclosure and information dissemination activities as required. Issues of misinformation, expectation management and claims of omission as well as ownership disputes are expected to be easily tempered at this stage; and are usually tamed at field/community level.

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A log of such complaints shall be kept by the safeguard unit and treated formally and confidential, whether such a complaint is made orally, or in writing and the timeline for resolution shall be within 48hours.

Step 2: Intervention by State Based Grievance Redress Committee When community level mediation fails, complaints shall be presented to the Project coordinator (PC), through the safeguards officer and addressed by a Grievance redress committee constituted by the PC. This SBGRC is also necessary to respond to cases involving third party advocates such as NGOs, especially with regard to legal claims to land as well as possible challenges of the commitments, interpretation, inconsistencies or delays in the disclosed RAP. This State Based GRC shall be constituted as soon as the RAP is approved for implementation and shall be composed of: Ogun RAMP Project Coordinator (PC) Ogun RAAMP Safeguards officer, M&E Officer, Communications Officer and

Project Engineer; who have been involved with community level work Other senior officers of Ogun RAAMP appointed by PC e.g. Project Accountant RAP Implementation Consultant (if existing)During the state grievance redress sessions, 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.A log of such complaints shall be kept by the safeguard unit and treated formally as with Step 1 above. Resolutions shall be made within 72hours upon reception of complaint.

Step 3: Intervention by National OfficeThe National RAMP office (FPMU) headed by the (NPC) and supported by the Environmental safeguards officer shall intervene in PAPs’ grievances which cannot be resolved by the Grievance Redress Committee at State level. The timeline for resolution at this step shall be within 72hours.

Step 4: Intervention of Ogun State Alternative Dispute Centre (or equivalent)Grievances that cannot be handled or resolved at step 1-3 shall be referred to the Ogun State Alternative Dispute Centre (or equivalent) to adjudicate on the interest of the aggrieved parties on their legal entitlement vis-à-vis in compartment with the interest of the community. The centre will be mainstreamed into the Grievance Redress Mechanism (GRM) process. The timeline for resolution under the State Citizen Mediation centre is within 72hours.

Step 5: Reference to Court of Competent Jurisdiction Upon exhaustion of efforts by the GRC, State and National levels, PAP’s would be advised to seek full legal redress in a court of competent jurisdiction. This option

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shall as much as possible be avoided, and only resorted to as a last resort. The timeline at this level shall be within 6 months or above.

Expectation When Grievances AriseWhen local people present a grievance, they expect to be heard and taken seriously. Therefore, the SPIU and others such as the engineers involved in one aspect of the project or other must convince people that they can voice grievances and work to resolve them without retaliation.It should be understood that all or any of the followings are; at the least, expected from the project management/channel of grievance resolution by the local people:

acknowledgement of their problem, an honest response to questions/issues brought forward, an apology, adequate compensation, modification of the conduct that caused the grievance and some other fair

remediesMore importantly, in each of the steps from the time the compliant is registered and a first hearing is held will not last more than 10 days so that it will not take long for the PAPs to have an idea of how long it will take to hear, resolve or escalate their complaint.Management of Reported GrievancesThe procedure for managing grievances should be as follows:

a. The affected person files his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing or phone to the project Resettlement and Compensation committee (Phone numbers will be provided by the SPIU). Where it is written, the grievance note should be signed and dated by the aggrieved person. And where it is phone, the receiver should document every detail.

b. A selected member of the Site Committee will act as the Project Liaison Officer who will be the direct liaison with PAPs in collaboration with an independent agency/NGO person ensure to objectivity in the grievance process.

c. Where the affected person is unable to write, the local Project Liaison Officer will write the note on the aggrieved person’s behalf.

d. Any informal grievances will also be documented

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Register

Define MethodRefer AppropriatelyReject

Act to Solve Locally

Screen and Assess

Receive Grievance


Not resolved? Resolved Review method

Figure 5.1: Flow Chart for Grievance Redress Steps

Grievance Log and Response TimeThe process of grievance redress will start with registration of the grievance/s to be addressed, for reference purposes and to enable progress updates of the cases. Thus a Grievance Form will be filed with the Grievance Redress Committee by the person affected by the project. The Form/Log (Table 5.1) should contain a record of the person responsible for an individual complaint, and records dates for the date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if appropriate), the date the complaint was closed out and the date response was sent to complainant.The Project Liaison officer working with the local Government Desk Officer in recording all grievances will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. The response time will depend on the issue to be addressed but it should be addressed with efficiency and will not last more than ten working days. The Grievance committee will act on it within 10 working days of receipt of grievances. If no amicable solution is reached, or the affected person does not receive a response within 15 working days, the affected person can appeal to a designated office in the SPIU, which should act on the grievance within 15 working days of its filing.

Table 11.1: A Typical Reporting Format for Grievance RedressCommunit Type of Grievance Grievance Resolution

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Reject


y project & Name of Complainant Aff

ecte

d,

but n

ot

info

rmed

Com

pens

atio

n aw

arde

d Co

mpe

nsat

ion

not

paid

Rese

ttle

men

t be

nefit

s aw

arde

d ar

e no

t ot

her

Date

of

com

plai

nt

Date

re

ceiv

ed

Pend

ing

Case

re

ferre

d to

the

Cour

t

Community Project 1Complainant AComplainant BComplainant CCommunity Project 2Complainant DComplainant ETOTAL

Monitoring ComplaintsThe Project Liaison Officer will be responsible for:

providing the grievance Committee with a weekly report detailing the number and status of complaints

any outstanding issues to be addressed monthly reports, including analysis of the type of complaints, levels of

complaints, actions to reduce complaints and initiator of such action.

CHAPTER TWELVE

INSTITUTIONAL ARRANGEMENTS FOR RAP IMPLEMENTATION

This chapter lists out the stakeholders and institutional arrangements relevant to the implementation of this project and tabulates their roles and responsibilities.

International StakeholdersThis is made up of the World Bank and the French Development Agency.

Federal Level StakeholdersAt this level, there is the Federal Ministry of Agriculture and Rural Development (FMARD) and the Federal Project Management unit (FPMU).

64


State Level StakeholdersThis includes State Institutions like the OgunState Ministry of Works, Environment, Rural Development, the State Project Monitoring Unit (SPMU) and the State Project Implementation Unit (SPIU) under RAAMP.

Other Stakeholders Grievance Redress Committee Local Government Institutions: All the Projects Local Government

Authorities

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Community: Traditional rulers, village heads of all the areas covered by the project, Community members and PAPs.

Private sector (Contractors, Consultants), NGOs and CBOs and Focal Groups.

Stakeholders and their ResponsibilitiesTable 12.1: Stakeholders and their Responsibilities

S/No Stakeholders/Institutions

Responsibilities

1 SPIU Establishment of Resettlement Committee (RC); Establishment of the Grievance Redress Committee (GRC); Ensuring that the project conforms to World Bank safeguard

policies, including implementation of the Resettlement Action Plan (RAP), as required.

Facilitating the invitation/engagement of external monitors/stakeholders to witness the RAP implementation.

Coordinate activities at local level during the preparation and implementation of the RAP

Actual implementation of the resettlement assistance and handling any grievances and complaints

Approval of payments for RAP implementation activities Internal monitoring and evaluation of RAP activities. Preparation of quarterly and annual progress reports on RAP

implementation. Submission of Reports to FPMU and World Bank for review.

2 World Bank Responsible for the final review, clearance and approval of the RAP;

Conduct regular supervision missions throughout the project implementation, and monitor the progress of the overall project implementation

3 FPMU Preparation of TOR for the engagement of RAP consultant Review of RAP report to ensure that it meets OP 4.12 standards Monitoring of the RAP implementation program

4 State Ministry of Environment/OGEPA

Witnesses/monitors the RAP compensation and implementation process;

Assists with the disclosure of RAP instrument to the public

5 Social safeguards Officer

Reviews RAP and ensure its compliance to the applicable policies of the Bank that the SPIU is sufficiently informed on monitoring results of the RAP

Verify that the baseline information of all PAPs have been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements were carried out in accordance with the provisions of this RAP.

Ensures that the RAP is implemented as designed and approved. Verifies that funds for implementing the RAP is approved. Records all grievances related to the project that come to the

SPIU and their resolution, ensuring that complaints are dealt with in a timely manner.

6 Community – Traditional rulers, village heads of project

To ensure conducive social atmosphere for the execution of the project in their various communities.

They will act as intermediaries between the project implementation team and the communities.

They shall assist in the recruitment of local workers during the construction activities and will be involved in all grievance and

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S/No Stakeholders/Institutions

Responsibilities

beneficiary communities

conflict resolutions. The community members will cooperate with the consultants and

SPIU to ensure effective and transparent census of affected assets.

7 Resettlement Committee (RC)

The RC will ensure that PAPs are contacted and informed about dates for implementation of activities of the RAP for their participation;

The RC will be responsible for verification and documentation of PAPs for compensation;

They will carry out payment of compensation and in-kind assistances (as may be required).

The RC will write RAP implementation report and submit to the PC.

8 Grievance Redress Committee

Provide a localized forum to receive, hear and resolve disputes arising from RAP implementation

Receive grievance from the complainant, register and acknowledge receipt of grievance

Verification of grievance to determine among other things its linkages with the project activities

Decide options and approach taken to resolve the case9 The

Contractor Compliance with relevant environmental legislative requirements; Work within the scope of contractual requirements and other

tender conditions; Organize representatives of the construction team to participate

in the joint site inspections undertaken by the Environmental Team (ET), and undertake any corrective actions instructed by the client and/or Environmental Consultant (EC);

Provide and update information to the ET regarding works activities which may contribute to, or lead to the generation of adverse environmental conditions;

In case of non-compliances/discrepancies, the contractors will carry out investigation and submit proposals on mitigation measures, and implement remedial measures to reduce environmental impacts and stop construction activities which generate adverse impacts upon receiving instructions from the client/EC.

Propose and carry out corrective actions and implement alternative construction methods if required, in order to minimize the environmental and other social impact.

10 PAPs Participate in the RAP preparation and implementation processes Attend consultations and trainings as required by the OgunSPIU.

The Organogram below describes the hierarchy of actors that have roles to play in the preparation and implementation of this RAP. It specifically describes the responsibilities of each implementing unit and their reporting command. Implementation support tasks are handled by the SPIU headed by the State Project Coordinator (SPC). Other staff team of the SPIU in their individual job schedules complements each other in the implementation of the RAP. The resettlement committee and GRC shall report to the SPC who in turn reports to the Federal Project Management Unit (FPMU) and World Bank. The FPMU oversees the activities of the SPIU and reports to the World Bank.

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Figure 12.1: Implementation Organogram

CHAPTER THIRTEENIMPLEMENTATION SCHEDULE, COMPENSATION

DELIVERYAND BUDGET

Implementation ScheduleBefore any project activity is implemented, PAPs will need to be compensated in accordance with this RAP and the resettlement policy framework that had been prepared. The schedule for the implementation of compensation and resettlement assistance payment activities and commencement of civil work must be agreed to between the Resettlement Committee and the PAPs and the SPIU. These include the target dates for start and completion of all compensations before civil works completion for the project. The major component tasks for the RAP are outlined in Table 13.1.

Activities 2019 2020 Remarks

J A S O N D J F M A M J JConsultation/community participation and Information to people affected, cut-off date announcement, census and socio-economic survey, data analysis, identification of

July –- Sept 2019

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impacts, definition of assistance measures and preparation of RAPDisclosure of RAP Oct-

Nov, 2019

RAP implementation- compensation and/or supplementary assistance.

2019 Dec-2020 January

Submission of compensation and resettlement assistance completion reportCommencement of Rehabilitation/civil work

From February 2020

Follow-up visit by responsible stakeholders/SPIU -

March-May, 2020

Income restoration assessment

June-July, 2020

Table 13.1: Major Component Tasks and Schedule for the RAP Implementation

Coordination with Civil WorksThe resettlement program will be co-coordinated with the timing of civil works. The required co-ordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared RoW sections to project contractors. The timing mechanism of this RAP ensures that no PAP is displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for the PAPs. Thus, the PAPs would be given a time frame of 20 working days after the payment of compensation.The project shall adhere to the following important principles in its implementation:

No construction should be undertaken unless PAPs have received their resettlement entitlements in accordance with this RAP.

Information sharing and consultation with PAPs will continue throughout the planning and implementation phase of the project, including the relocation and the restoration of livelihoods, if any.

A completion survey of the delivery of compensation and resettlement entitlements will be undertaken as per this RAP and other relevant instrument prepared for the project.

The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs such as

o target dates for start and completion of civil works, and

69


o dates of possession of land that PAPs are using.

Compensation DeliveryThe following procedures shall be followed while delivering compensation and resettlement assistances to PAPs:

Full payment of compensation is carried out before acquiring land for the project

Formally making offers to affected persons and allowing the person(s) to accept or reject offer. Offer a counter claim and seek redress under the grievance procedures established

Implementation committee communicates the amount to be paid to the PAPs

If offer accepted by the PAP, transfer to individual accounts is the preferred and first mode of payment. SPIU shall make arrangements with nearest bank to effect payments without any challenge to the PAPs.

Necessary document of payments to the affected persons should be presented to local land/Asset Valuation Committee from the local government and/or other independent witness of the affected person and leaders of the communities.

Proper receipts issued and copies given to the affected person, the Finance Department of SPIU;

Comprehensive reports on payment made submitted for review by SPIUManagement.

Assistance to Vulnerable Groups There is need for provision of additional support to the vulnerable groups

to facilitate faster adjustment in the new environment and impacts associated with the project.

The only vulnerable PAP in the project area is an elderly widower. The identified vulnerable person will be given direct support by acquisition of seedlings to enable him have a smooth transition compared to the others who will be compensated directly inform of cash. It is therefore important to ensure that vulnerable social groups are also compensated.

BudgetA detailed inventory of all affected assets provides the basis for estimating the compensation and assistance costs. This Section provides information on the estimated budget for the overall implementation of this RAP and source of funds.

Budget and Cost EstimateThe total cost implication for the implementation of the RAP is N5,002,162.00 (Five Million and Two Thousand, One Hundred and Sixty-Two Naira Only). As seen in table 13.2 below, this sum is expected to cover compensation of assets affected and additional mitigations for livelihood restoration measures,

70


coordination of additional mitigations, grievance management and compensation commission. In addition, a provision of 10% of contingencies was added to amount to the overall: such as inflation that shall be allowed and added to the current budget. The Ogun State/SPIU is the source of this fund for the payment of the necessary compensations and mitigation measures and overall implementation of the RAP.

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Table 13.2: Budget Estimate for the RAP Implementation S/N ITEM COST (N) Proportio

n of Total (%)

A1 Compensation for Agricultural resources

3,347,420.00

66.9

Sub-total 3,347,420.00

B ADDITIONAL MITIGATIONSB1 Livelihood restoration

measures/Assistance 500,000.00

B2 Grievance Redress Mechanism 200,000.00Sub-total 700,000.0

014.0

C IMPLEMENTATION COSTSCompensation Commission & NGO witness

100,000.00

Capacity building/Institutional Strengthening + Management

200,000.00

Disclosure 200,000.00Sub-total 500,000.0

010.0

D Total 4,547,420.00

E + Contingencies 10% 454,742.00 9.09Grand Total 5,002,162

.00

Source of FundResponsibility for RAP budget funding will be that of the Ogun State Government through its counter-part funding. It will be financed through the projects administrative and financial management rules and manuals like any other sub-activity of the project eligible for payment under this project.It is expected that implementation function will rest on the SPIU, but the budget will however be subject to the finalization of disclosure and clearance/approval by World Bank before disbursement or implementation can commence.

Strengthening Organizational CapabilityTable 13.3: Awareness and Capacity Building Needs of Relevant StakeholdersS/n

Duration

Subject Target Audience

Resources Budget (N)

1 120mins

Introduction to Social and Resettlement Issues Basic Concepts in Resettlement Issues Involuntary vs. Voluntary Resettlement

SPIU Staff • PowerPointpresentation• Associated handouts

72


S/n

Duration



Main issues associated with Involuntary ResettlementNigeria legal and statutory requirements and World Bank Safeguard policies 1,500,000.

002 2days Involuntary Resettlement and Relevant Safeguard toolsWorld Bank OP 4.12 Involuntary ResettlementGaps between OP 4.12 & Nigerian Land Use Act and how to bridge themPrinciples of RPF & RAPPlanning RequirementsImplementation RequirementsGrievance and Conflict Management and ResolutionDocumentation and Disclosure RequirementsEligibility and EntitlementsResettlement and Compensations packagesMonitoring and Evaluation of RAP

SPIU Staff Full text of OP 4.12for each participant• PowerPointPresentation

3 1day Resettlements Action Plan Design and Preparation Assessment process (introduction to RAPs)Census & Socio-economic MethodologyContent of a RAPGrievance and conflict ManagementVulnerable peopleMonitoring and Evaluation tools

SPIU Staff, consultants, LG

• Full copy of theRPF for eachparticipant• PowerPointPresentation

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S/n

Duration



4 1day Resettlement Action Plan ImplementationBackgroundResettlement packagesConsultations and negotiations with affected peopleDevelopment of Resettlement sitesGrievance Redress Mechanism

SPIU, members of Resettlement and Grievance Redress Committees

• PowerPointpresentation• AssociatedHandouts

5 1Day Social & Resettlement Considerations in Rural Development Projects:Social and Resettlement aspects arising during construction and operation stagesSocial and Resettlement Good Practices in public works and rural development Community Relations in Rural Project Management

Contractors, SPIU, LG, CBOs/CSOs

• PowerPointpresentation• AssociatedHandouts

6 120Mins

Public Involvement and Consultation in RAPRAP Overview Community Participation and Consultation Monitoring and Evaluation

SPIU,LG, Contractors, Engineers, & relevant MDAs, Community leaders/CBOs/NGOs/PAPs

Handouts/fliers

7 45mins

Financial Management

PAPs • PowerPointpresentation• AssociatedHandouts

Total 1, 500,000.00

Based on the interaction with the relevant stakeholders, assessment and determination of the characteristics of all project affected persons (PAPs), valuation of assets to be compensated as well as the assessment of the

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institutional capacities of the different parties involved in the RAP implementation, areas of awareness creation and training/capacity building have been identified for successful implementation of this RAP (Table 13.3). The total budget for the capacity building is One Million and Five Hundred Thousand Naira Only (N1, 500,000.00).

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CHAPTER FOURTEENMONITORING AND EVALUATION

IntroductionMonitoring and evaluation (M&E) activities under this RAP shall ensure that compensation, resettlement and development investments are on track to achieve sustainable restoration and improvement in the welfare of the PAPs. Furthermore, 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 proponent and a channel for the affected persons to make known their needs and their reactions to resettlement execution.Monitoring and evaluation (M&E) of the RAP will be carried out throughout the project implementation process. Specifically, the implementation of RAP starts from identification, valuation and validation to compensation and beyond (livelihood restoration). This is to ensure that the objectives are met and successful implementation of the RAP occurs. Implementation of the Resettlement Action Plan (RAP) will be regularly supervised and monitored by the Social Safeguard Officer in coordination with M&E Officer of the SPIU. The findings will be recorded in quarterly reports to be furnished to the FPMU and the World Bank.

Monitoring Framework (Internal and External)Monitoring will consist of

a) Internal monitoring by the SPIU as an integral part of its management, working with the impacted communities; and

b) External monitoring by the SPIU appointed consultants, working with the impacted communities.

However, the monitoring and evaluation framework is presented in Table 14.1 below:

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Table 14.1: Monitoring and Evaluation Framework

Type of Monitoring

Items to Monitor

Monitoring Indicators

Evaluation Indicators

Monitoring Method

Frequency

Responsibility

Internal -Economic status of PAPs-Improve livelihood measures-Improve commercial activities-Improve access to social services-improve in employment rate

-Overall RAP implementation

-Grievance redress mechanism-Ability of GRC to resolve grievances -Rate of payment of compensation to PAPs-Use of compensation -Socio-economic impact/changes-No of CBOs participation-No of training for SPIU staff and PAPs

-Number of meetings

-Grievances settled within time

-Disbursement of compensation

-Livelihood restoration strategy

-Direct observation

-Grievance log

-Grievance log

-Submitted reports

-Meetings with PAPs and CBOs-Meetings

-Monthly

-Monthly

-Quarterly

-Yearly

-Quarterly

-SPIUSocial Specialist +-M & E Specialist-Social Specialist

-Project Monitoring & Evaluation Committee (PMEC)-M & E Specialist-M & E Specialist

External -Economic status of PAPs-Improve livelihood measures-Improve commercial activities-Improve access to social services-improve in employment rate

-Impact of RAP-Impact of compensation on PAPs-Effectives of trainings on SPIU & PAPs-Ability of GRC to resolve grievance-Any positive change in livelihood of PAPs

-Effectiveness of RAP implementation

Assessment report

-Yearly SPIU/External Auditor

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Indicators to MonitorIndicators, which will be monitored during the project, may be divided into two categories.

Process input and output indicators for internal monitoring Outcome or impact indicators for external monitoring

These are highlighted briefly below: Input indicators include the resources in terms of people, equipment and

materials that go into the RAP. Examples of input indicators in the RAP are the sources and amounts of funding for various RAP activities.

Output indicators concern the activities and services, which are produced with the inputs. Examples of output indicators in the RAP include (i) a database for tracking individual compensation; and (ii) the payment of compensation for loss of assets.

Process indicators represent the change in the quality and quantity of access and coverage of the activities and services. Examples of process indicators in the RAP include:

1. The creation of grievance mechanisms;2. The establishment of stakeholder channels so that they can

participate in RAP implementation; and3. Information dissemination activities.

Outcome indicators include the delivery of compensation and other mitigation to avoid economic and physical displacement caused by the Project. They measure whether compensation is paid and received, whether the affected populations who preferred cash compensation to in-kind resettlement assistance offered to them was able to use compensation payment for sustained income.

Indicators that will be monitored broadly centre around delivery of compensation, resolution of grievances, land access, increase or decrease in PAPs assets, social stability, health, level of satisfaction of project affected people and number of project affected persons that benefited from the livelihood restoration programs. Specifically, some monitoring indicators for this RAP are outlined in Table 14.2.

Table 14.2: Monitoring IndicatorsIndicator VariableConsultation Consultation and Reach out

Number of people reached or accessing Information, Information requests, issues raised etcNumber of local CBOs participating

Compensation and reestablishment PAPs

Physical Progress of compensation and assistanceNumber of PAPs affected (buildings, land, trees, crops)Number of PAPs compensated by type of lossAmount compensated by type and ownerNumber of replacement asset recovered Compensation disbursement to the correct parties;

Socio-economic Changes

Level of income and standard of living of the PAPs No of income restored, improved or declined from the pre-displacement levels;

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Training Number of SPIU and RAP committee members trainedGrievance redress mechanism

No. of cases referred to GRC No. of cases settled by GRC No. of cases pending with GRC Average time taken for settlement of cases No. of GRC meetings No. of PAPs moved court No. of pending cases with the court No. of cases settled by the court

Overall Management

Effectiveness of compensation delivery systemTimely disbursement of compensation;Census and asset verification/quantification procedures in placeCo-ordination between local community structures, PAPs and SPIU

ReportingRAP monitoring reports will be prepared for the following tasks: Internal monitoring, Expert monitoring, Completion audit & Compensation. SPIU will use a device such as a bar chart/Gantt chart or MS Project table to assess and present information on progress of time bound actions.Performance monitoring reports for the SPIURAP management team will be prepared at regular intervals (monthly), beginning with the commencement of any activities related to resettlement, including income restoration. These reports will summarize information that is collected and compiled in the quarterly narrative status and compensation disbursement reports and highlight key issues that have arisen. As a result of the monitoring of inputs, processes, outputs and outcomes of RAP activities, project management will be advised of necessary improvements in the implementation of the RAP.

Completion AuditSPIU shall commission an external party to undertake an evaluation of RAP’s physical inputs to ensure and assess whether the outcome of RAP complies with the involuntary resettlement policy of the World Bank. The completion audit shall be undertaken after RAP inputs. The audit shall verify that all physical inputs committed in the RAP have been delivered and all services provided. It shall evaluate whether the mitigation measures prescribed in the RAP have the desired effect. The completion audit should bring to closure SPIU’s liability for resettlement.

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BIBLIOGRAPHYAsikihia, M. O. Balogun T.F. &Etu M. O. (2010): Socio - Economic Impacts Of Soil Erosion In Ekpoma, Nigeria in ttp://www.globalacademicgroup.com/journals/academic

Federal Project Management Unit (FPMU) (2012): Resettlement Policy Framework (RPF) for Rural Access and Mobility Project in Adamawa, Enugu, Niger and Osun States Prepared by Earthguards Limited Sustainable Development Consultants (2008) and Updated 2012 by Okeibunor, J.C .

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

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

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

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

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

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

ITUA, E.O. (2014). Resettlement Action Plan for the Ekehuan Gully Erosion Site, Benin City as part of Nigeria Erosion and Watershed Management Project.Federal Ministry of Environment, Nigeria

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

Joshi PK, VasudhaPangare, Shiferaw B, Wani SP, Bouma J and Scott C. (2004): Socioeconomic and policy research on watershed management in India: Synthesis of past experiences and needs for future research. Global Theme on Agroecosystems Report no. 7. Patancheru 502 324, Andhra Pradesh, India: International Crops Research Institute for the Semi-Arid Tropics. 88 pp.Kraxberger B. Transportation and the Movement ofPeople in Nigeria: Some tentative notes. (ND). Nigerian Background InformationLagos State Government Lagos Metropolitan Area Transport Authority (LAMATA) (2009): Environmental and Social Management Framework (ESMF) Towards The Preparation For LUTP II, Prepared by Multiple Development Services, June.

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http://newnigerian.blogspot.com/2009/01/12-steps-transportation-reforming-road.html





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

Lloyd-Jones, T (2011): Analysis of Economic Development in Kaduna State and City, Working Paper - Economic development in Kaduna State and City 170211V3.docx 3, 17th February

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

Newmont (2010): Resettlement Action Plan Akyem Project Birim North Eastern Region Ghana, September

Newmap: Final Resettlement Action Plan for Agasa Erosion Site, Okene Local GovernmentThe Government of Rwanda, Ministry of Agriculture and Animal Resources (MINAGRI) (2009): Resettlement Policy Framework for Land Husbandry, Water Harvesting and Hillside Irrigation (LWH) Project, Prepared by Green & Clean Solutions Ltd, July

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

http://www.siraj-int.com/pdf/Ibore.pdf

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ANNEX 1: PAPS’ INVENTORY OF LOSES AND COMPENSATION

ID Name of PAP Sex

Picture Vulnerability

Types of Crops

Qty Amount (N:K)

1 LasisiJamiu M N Cocoa trees

3 200,200.00

2 OmonayajoOlalekan

M CocoaGuava

61

92,400.004,300.00

3. OkeLukman M N Cocoa 4 61,600.00

4 UdalatOgundipe F CocoaKolanutPalm tree

423

61,600.0036,800.0010,200.00

5 AjasaLamidi M N Cocoa 2 30,800.00

6 NurudeenOseni M CocoaKolanutAbere

1811

277,200.0018,400.003,300.00

7 OguntolaWasiu M N CocoaPalm trees

141 215,600.00

3,400.00

8 LamidiRasaki M N CocoaKolanutOrangePalm

2111

30,800.0018,400.004,900.003,400.00

9 AyobamiAiyesoro

M N CocoaOrange KolanutGuavaCashew

88241

123,200.0039,200.0036,800.004,300.0010,400.00

10 OdegbamiOluwatobi

M N CocoaOrangeGuavaAbere

7224

107,800.009,800.008,600.0013,200.00

11 Obadairo Moses M N CocoaGuavaPawpawPalm

4412

61,600.0017,200.00800.006,800.00

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12 Holy Mary C & S Church

N Gmelina 10 246,000.00

13 AwosanyaAdebowale

M N CocoaKolanut

34

46,200.0073,600.00

14 Nathaniel Eretayo

M N CocoaOrangeMango

311

46,200.004,900.003,900.00

15 Chief AdewaleAdebisi

M N Palm tree 22 74,800.00

16 FolakeShomuyiwa

F Oil Palm treeMango

61 20,400.00

3,900.00

17 AkoredeShobanke

F Oil Palm treeCocoa

44 13,600.00

61,600.00

18 LamidiOdejobi M PlantainOil PalmGmalinaTeak

440351

3,800.00136,000.0024,600.0036,600.00

19 Timothy Okanlawon

M Y CocoaOil PalmGmelinaKolanut

8111

123,200.003,400.0024,600.0018,400.00

20 John Adekoya M N GmelinaKolanut

103 246,000.00

55,200.00

21 MarianiShodipe F Y Palm 3 10,200.00

22 NureniShoyinka M N CashewCoconutOrangeBanana

1116

10,400.004,720.004,900.005,700.00

Total 3,347,420.00

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ANNEX 2: REGISTER OF PAPS

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ANNEX 3: MEANS OF IDENTIFICATION OF PAPS

85


86


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ANNEX 4: SUMMARY OF FOCUS GROUP DISCUSSIONSActivity DescriptionName of Communities Alapako-Oni, Oyebola, Olosun, Layanran and MosaFocus Groups Community elders (men/women, youths and childrenDate 21st – 22nd of July, 2019Venue St. Peter’s (Anglican) Primary School, Alapako-OniLanguage of Expression YorubaOpening Remarks The purpose of the proposed construction work of the 13.1km

pilot road was explained to the people.Questions and Expectations -All the various stakeholders at different meetings expressed

their appreciation for the project. The concerns which were effectively addressed are as follows:-Period of commencement-the stakeholders were told that the project would start very soon as this ESMP and RAPare part of the preliminary activities.-Width-it was explained that the road will follow the existing alignment of 6m.-Construction of Culverts and drainages-the community members sought for the construction of more river-crossings and drainages in order to control the incessant flooding experienced along the road.-Socio-cultural sites-The team was informed that there is no cultural site or shrine along the project zone of influence.

Perception of project All members of the community are generally happy about the development and pleaded for prompt execution.

Perception of women and other senior citizens/vulnerable

1.The stakeholders expressed their enthusiasm on the project due to its capability to elicit the much desired socio-economic transformation, improved transportation of farm produce to the markets and the urban centre.2. Improved access to medical facilities especially during child birth and complicated medicals.3. Reverse the current trend of traditional birth attendance which is prevalent.4. Ensure access to education especially secondary.

Suggestions/Concerns 1. Maintain speed limit to avoid accidents 2. Construction of speed breakers and road signs.3. Project workers should obey traditions and customs4. The youths also suggested the issue of employment opportunities.

Response 1.The communities were told that the preliminary study have been conducted to identify the locations of river-crossings and drainages.2. The communities were equally told that the existing RoW would be maintained.3. Also the issue of the RAP components was discussed in order to ally the fear of possible PAPs.4. Also, the stakeholders were also told that the project will follow the World Bank standards throughout its implementation.5. The community people were also told that the contractor would give employment opportunities to the youths.

Commitment The youths also a commitment volunteer to secure all the construction equipment.

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ANNEX 5: TERMS OF REFERENCERURAL ACCESS & AGRICULTURAL MARKETING PROJECT (RAAMP)CONSULTANCY SERVICES FOR THE PREPARATION OF ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) AND RESETTLEMENT ACTION PLAN (RAP)PART A: IntroductionBackground and ContextThe Federal Government of Nigeria (FGN) has initiated the preparation of the Rural Access and Agricultural Marketing Project (RAAMP), the successor of the Second Rural Access and Mobility Project (RAMP-2). The project will be supported with financing from the World Bank and the French Development Agency (AFD) and will be guided by the Government’s Rural Travel and Transport Policy (RTTP). The lead agency for the Federal Government is the Federal Department of Rural Development (FDRD) of the Federal Ministry of Agriculture and Rural Development (FMARD). The Federal Project Management Unit (FPMU) is overseeing the project on behalf of FDRD, while the respective state government of thirteen (13) participating states will implement it. The overall objective of RAAMP is to improve rural access and agricultural marketing in selected participating states whilst enhancing sustainability of the rural and state road networks. The participating states are: six northern states (Kano, Katsina, Sokoto, Kebbi, Bauchi and Plateau) and seven southern states (Abia, AkwaIbom, Kogi, Ogun, Oyo, Kwara, and Ondo).The Nigeria road network is relatively dense consisting of about 194,000 km of roads. This includes 34,000 km of federal roads, 30,000 km of state roads and 130,000 km of registered rural roads. The road density is about 0.21 km of roads per square kilometre. In spite of the relatively high road density, the rural accessibility index for Nigeria (defined as the proportion of the rural population living within 2 kilometres away from an all-weather road) is low, at only 25.5 percent, leaving about 92 million rural dwellers unconnected. Rural access is limited where the poor population is concentrated. These considerations demand the expansion and improvement of rural road network, and, also, conservation of rural road/transport assets. Furthermore, an improved rural access will enhance the agricultural potentials and marketing opportunities for the agrarian rural communities in Nigeria and, by extension, help in the improvement of livelihoods of the rural population.The development objective of the proposed Nigeria Rural Access and Agricultural Marketing Project (RAAMP) is to improve rural access and agricultural marketing in selected participating states while strengthening the financing and institutional base for sustainable management of the rural and state roads network. The total financial outlay of RAAMP is US$ 475m. Contributions from the World Bank, AFD and the participating state governments are US$180m (38 percent), US$ 236m (50 percent) and US$ 59m (12 percent) respectively. RAAMP has four components however this Consultancy will be focused on the following component;Component 1: Rehabilitation and maintenance of rural access and state roads.Goal ofThe AssignmentThe project has triggered four environmental and social safeguards policies namely: Environmental Assessment OP/BP 4.01, Natural Habitats OP/BP 4.04, Physical Cultural Resources OP/BP 4.11 and Involuntary Resettlement OP/BP 4.12. The project has been assigned an Environmental Assessment (EA) Screening Category “B”. This rating is based on the scope of the project, which indicates limited adverse environmental and social impacts. It is expected that no adverse

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negative impacts are likely during project implementation; especially as the project does not contemplate constructing new roads and will essentially remain within the existing right-of-way. The agro-logistics centres will be established by upgrading the existing markets. It is expected that the rehabilitation of prioritized rural roads and establishment of the agro-logistics centres would result in net positive environmental and social impacts. In fulfillment of the World Bank’s safeguards policies, the Environmental and Social Management Framework has been prepared. The approved framework was disclosed locally on July 30, 2018 and at the World Bank website on September 6, 2018.The goal of the assignment is to manage the social and environmental risks and impact sustainably by developing the social and environmental instruments for managing the impacts envisaged for the selected [insert size] km as the priority road within the 500km prioritized under the project.Description of Proposed InterventionsThe [state name] State RAAMP have selected [insert road name] with [insert size] km as the priority road out of the 500km prioritized under the project. The rehabilitation of the prioritized [insert size] km rural road(s) would involve engineering works such as but not limited to marking, site clearing, mobilization of equipment; removal of top soil, dewatering, earth works, cutting through existing roads, excavation, drainage structure and facilities, earth filing, road surfacing (either with gravel or low-cost surfacing with bituminous sealing) and any other ancillary works etc. These activities have the potential to generate environmental and social impacts including noise and dust generation; loss of vegetation; soil impacts and sediment transport; solid and liquid waste generation; obstruction of mobility of people living in the project area; occupational health and safety; public safety and traffic issues; resettlement of people living within the right-of-way; gender-based violence including sexual exploitation and abuse etc.In line with the above, [state name] State RAAMP wishes to engage the services of eligible consulting firms (“Consultants”) to prepare an Environmental and Social Management Plan (ESMP) and Resettlement Action Plan (RAP) prior to commencement of the civil works. The assignment comprises two district strands of work scopes: ESMP and RAP. Annex 1 and 2 provide objectives, scopes and reporting requirements of the ESMP and RAP respectively.Staff RequirementsThis assignment shall be a part of the assignment for preparation of ESMP and RAP for prioritized 500km. However, this assignment for preparation of site specific ESMP and RAP for the selected [insert road name] with [insert size]km is expected to be delivered over a 1 month (4 Weeks) period. An indicative staff requirement is provided below. The Consultant shall make use of the technical staff as presented in the proposal for ESMP and RAP for 500km roads for this assignment.The Consultant team will be required to arrange its own transport, logistics and equipment (e.g. provide its own computers, printers, and office supplies). All information, data and reports shall be treated as confidentialDeliverables and TimingThe Consultancy will have to submit the following deliverables as per the mentioned timing:Inception Report: This report shall include a detailed work plan. This will be discussed by the consultant, client and other experts to ensure quality of the final outcome at the scoping stage. The inception report shall integrate results from the review by the Client and from the consultation of all stakeholders. Six (6) copies shall be submitted to the client. In addition, there shall be an electronic

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version. This will be delivered within one week after contract signing; 6 hard copies and 1 soft (electronic) copyof).Draft Reports: A Standalone draft ESMP and RAP Reports for the specific site shall be submitted for comments in 3 weeks from the date of signing the contract. It will identify all the areas, the mitigation measures, and the environmental and social issues associated with the site intervention sub-projects, as well as the adequacy of the monitoring and institutional arrangements in the intervention site. Six (6) copies of the draft ESIA and 6 copies of the draft RAP as well as 1 electronic copy each shall be submitted to the client. Final Reports: A standalone Final ESMP and RAP Reports for the specific site will take into account all comments from the client and World Bank and will be submitted to the SPIU at the end of 1 week after the review and clearance of the ESMP and RAP draft reports. In addition, it shall include a concise Executive Summary and shall have all annexes, maps and diagrams and bibliography and the disclosure plan. Six (6) copies of the draft final ESMP and 6 copies of the draft final RAP as well as 1 electronic copy each shall be submitted to the client.The specific objective of the study will be to assess the potential resettlement impacts of the proposed works as described above and prepare a Resettlement Action Plan (RAP). This plan would outline procedures that the project proponent will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected.All work undertaken and output produced must comply with:World Bank safeguards policies, while taking into consideration the environmental and social procedures of the Federal Government of Nigeria.World Bank guidance and structure provided on RAP.Scope of WorksThe following sections of the RAP correspond to the scope of work to be completed by the Consultant. The assignment is for preparation of site specific RAP for the selected [insert road name] with [insert size] km.Description of the project: General description of the affected areas.Potential Impacts: Identification of the: (i) components or activities that require resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement, displacement, and restricted access, to the extent possible, during project implementation.Objectives: The main objectives of the resettlement program as these apply to RAAMP should be described in relation to the interventions.Socio-economic studies: The findings of socio-economic studies to be conducted with the involvement of potentially affected people will be needed. These generally include the results of a census of the PAPs covering:Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population (information should be disaggregated by sex);Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic;

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Information on groups or persons in a situation of vulnerability, for whom special provisions may have to be made; andProvisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement (disaggregated by sex), and to measure impacts (or changes) in their livelihood and living conditions.Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area (disaggregated by sex);Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub-project;Public infrastructure and social services that will be affected; andSocial and cultural characteristics of displaced communities, and their host communities, including a description of formal and informal institutions. These may cover, for example, community organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.Legal Framework: The analysis of the legal and institutional framework in Nigeria. This should cover the following: Scope of existing land and property laws governing resources, including state-owned lands under eminent domain and the nature of compensation associated with valuation methodologies; land market; mode and timing of payments, etc.;Applicable legal and administrative procedures, including a description of the grievance procedures and remedies available to PAPs in the judicial process and the execution of these procedures, including any available alternative dispute resolution mechanisms that may be relevant to implementation of the RAP for the interventions;Relevant laws (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law; communal laws, etc. related to displacement and resettlement, and environmental laws and social welfare legislation;Laws and regulations relating to the agencies responsible for implementing resettlement activities in the sub-projects;Gaps, if any, between local laws covering resettlement and the Bank’s resettlement policy, and the mechanisms for addressing such gaps; and Legal steps necessary to ensure the effective implementation of RAP activities in the sub-projects, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage, etc. and which are specific to the sub-projects.Analysis on the impact of the legal framework on women’s land ownershipInstitutional Framework: The institutional framework governing RAP implementation generally covers:Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation;Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; andActivities for enhancing the institutional capacities of agencies, offices, and civil society groups, especially in the consultation and monitoring processes.Eligibility criteria and compensation

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:Theconsultantwilldothefollowing:Establishcriteriafordeterminingtheresettlementeligibilityofaffectedhouseholds: Eligibilitycriteriamustbeadvantageoustowomenandothervulnerablegroups,including those without legal title to assets. The eligibility criteria will be disclosed to affectedcommunitiesandotherprojectstakeholdersaspartoftask5.Feedbackfromthedisclosureprocesswillbeusedinthedeliveryofcompensationandorlivelihoodrestoration.Prepareanentitlementsmatrixlistingalllikelyimpacts.Itwillidentifyall categories of affected persons,all types of loss associated with each category, andAlltypesofcompensationandassistancetowhicheachcategoryisentitled.Preparestandardsforcompensationandlivelihoodrestoration:Prepareaformulafor settingfullreplacementcostsforassetslost,includingland.Establishoptionsforculturally acceptable replacements for lost services, cultural sites, common property, or access to resources for subsistence, income, or cultural activities.Prepareoptionsforrelocationandincomerestoration:Thesewillbuildontheexisting social, economic, and cultural parameters both of displaced persons and of host communities. Provide for relocation costs, lost income, and income support during transition.Whereappropriate,preparerelocationplansincludingselectionandpreparation of relocation sites. Make provisions for landownership, tenure and transfer, and accessto resources.Where incomes must be restored, provide for needs assessment, employment generation, and credit disbursement: Where affected persons are to change their occupation, provide for training and vocational support mechanisms. Review the likely environmental impact of the resettlement process and build in plans to mitigate any adverse environmental effects.Make special provision for vulnerable groups.Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages, for the purpose of determining their replacement costs; and a description of the proposed types and levels of compensation consistent with national and local laws and measures, as necessary, to ensure that these are based on acceptable values (e.g. market rates).Resettlement Measures: A description of the compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the resettlement objectives. Aside from compensation, these measures should include programs for livelihood restoration, grievance mechanisms, consultations, and disclosure of information. Site selection, site preparation, and relocation: If a resettlement site is an option, describe the alternative relocation sites as follows:Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources;Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites;Procedures for physical relocation under the project, including timetables for site preparation and transfer; andLegal arrangements for recognizing (or regularizing) tenure and transferring titles to re-settlers.Environmental protection and management.A description of the boundaries of the relocation area is needed. This description includes an assessment of the environmental impacts of the proposed resettlement and measures to mitigate

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and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).Community Participation:Consistent with the World Bank’s policy on consultation and disclosure, a strategy for consultation with, and participation of, PAPs and host communities, should include:Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities;Summary of the consultations and how PAPs’ views were taken into account in preparing the resettlement plan; and Review of resettlement alternatives presented, and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including, ethnic minorities, landless, children and youth, and women) are adequately represented.The consultations should cover measures to mitigate the impact of resettlement on any host communities, including:Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to PAPs;Conflict resolution involving PAPs and other stakeholders; andLivelihood restoration and any additional services.Grievance procedures:The RAP should provide mechanisms for ensuring that an affordable and accessible procedure is in place for third-party settlement of disputes arising from resettlement. These mechanisms should take into account the availability of judicial and legal services, as well as community and traditional dispute settlement mechanisms (please refer to the IUFMP Grievance Redress Mechanism Reports).RAP implementation responsibilities:The RAP should be clear about the implementation responsibilities of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including technical assistance) needed to strengthen the implementing agencies’ capacities of responsibility for managing facilities and services provided under the project and for transferring to PAPs some responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory monitoring; etc.). Implementation Schedule:An implementation schedule covering all RAP activities from preparation, implementation, and monitoring and evaluation should be included. These should identify the target dates for delivery of benefits to resettles and hosts and a clearly defined closing date. The schedule should indicate how the RAP activities are linked to the implementation of the overall project.Costs and budget: The RAP for the specific sub-projects should provide detailed (itemized) cost estimates for all RAP activities, including allowances for inflation, population growth, and other contingencies; timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should include other fiduciary arrangements consistent with the rest of the project governing financial management and procurement.

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Monitoring and evaluation:Arrangements for monitoring of RAP activities by the implementing agency, and the independent monitoring of these activities, should be included in the RAP section on monitoring and evaluation. The final evaluation should be done by an independent monitor or agency to measure RAP outcomes and impacts on PAPs’ livelihood and living conditions. The World Bank has examples of performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities; involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a reasonable period after resettlement and compensation and using the results of RAP impact monitoring to guide subsequent implementation.Use of technology in asset surveys:Technology can play a key role in carrying out a sound asset as part of the preparation of a resettlement plan. The consultant is advised to make use of GPS and satellite imagery during the RAP preparation. During the visits, Global Positioning System (GPS) locations were also obtained for any physical structures – residential buildings, for example (complete or under construction), farm sheds or improvement to the land. Where possible, these physical structures were identified on a map using the GPS coordinates captured on site.

After completion of the review of the draft RAP, including consultations with PAPs and communities on the main finding of the RAP, a final RAP will be disclosed by the implementing agency. During the review process, the Consultant is expected to make the necessary changes to the RAP and organize the disclosure and consultation process.Report Outline.List of FiguresList of TablesDefinitionsAbbreviationsExecutive SummaryCHAPTER ONE: INTRODUCTIONBackground UnderstandingAim and Objectives of the RAPJustification for the preparation of a RAPRAP MethodologyCHAPTER TWO: DESCRIPTION OF THE PROJECT ENVIRONMENT AND BASELINE STUDIESDescription of the project StateDescription of the project locationSocio-Economic Baseline Conditions of Project Affected Persons (PAPs)CHAPTER THREE: POLICY LEGAL AND REGULATORY FRAMEWORKCHAPTER FOUR: IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONSIntroductionImpact Reduction Measures UndertakenPositive Impacts of the projectNegative Impact of the ProjectEntitlement and EligibilityEntitlement Matrix for the PAPsDescription of Eligibility Criteria for Defining Various Categories of PAPsThe Valuation methodologyInventory of affected assets/structures in the project areaCensus of Project Affected Persons (PAPs)Compensation and Resettlement Assistance

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Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPsPerformance Indicator for Assessing Income RestorationProof of EligibilityDuration for Civil WorksCut-Off DateCHAPTER FIVE: GRIEVANCE REDRESS MECHANISMSCHAPTER SIX: BUDGET AND FINANCING PLANIntroductionFinancing planProcedure for Delivering of EntitlementsRAP Compensation ProcessCompensation Payment AdministrationResettlement Implementation Linkage to Civil WorksCHAPTER SEVEN: INSTITUTIONAL ARRANGEMENTS- ROLES AND RESPONSIBILITIESCHAPTER EIGHT: TIME TABLE OF EVENTSTimetable for the Resettlement Action PlanTraining and Capacity NeedsCHAPTER NINE: MONITORING AND EVALUATIONOverviewInternal MonitoringIndependent MonitoringMonitoring IndicatorsImplementation ScheduleCHAPTER TEN: STAKEHOLDERS CONSULTATIONMethod and participationChoice and RightConcerns and resolutionsREFERENCESANNEX A: LIST OF PROJECT AFFECTED PERSONS AND THEIR COMPENSATIONANNEX B: COST DERIVATION TABLE FOR AFFECTED STRCUTURES AND LANDED PROPERTYANNEX C: COST DERIVATION TABLE FOR [AFFECTED] CASH CROPS/ECONOMIC TREESANNEX D: TERMS OF REFERENCEANNEX E: CONSULTATION ATTENDANCE LISTANNEX F: MONITORING INDICATOR FOR THE PERFORMANCE OF RAP INCOME RESTORATION

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definitions of key terms - world bank · web viewthe only affected corporate entity/institution...

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