nigeria erosion and watershed management project...

NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (NEWMAP)

FINAL REPORT

RESETTLEMENT ACTION PLAN (RAP) FOR THE

REHABILITATION OF THE AMACHALLA GULLY EROSION SITE

AWKA SOUTH, ANAMBRA STATE

PREPARED FOR THE STATE PROJECT MANAGEMENT UNIT (SPMU) ANAMBRA STATE

NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

wb371432

Typewritten Text

RP1225 V13

wb371432

Typewritten Text

wb371432

Typewritten Text

wb371432

Typewritten Text

Resettlement Action Plan

Rehabilitation of Amachalla Gully Erosion site- NEWMAP

ii

NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (NEWMAP)

FINAL REPORT

RESETTLEMENT ACTION PLAN FOR THE

REHABILITATION OF THE AMACHALLA GULLY EROSION SITE

AWKA SOUTH, ANAMBRA STATE

PREPARED FOR THE STATE PROJECT MANAGEMENT UNIT (SPMU) ANAMBRA STATE

NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT



iii

Table of Contents

Table of Contents ............................................................................................................................................iii List of Figures ................................................................................................................................................... v List of Tables ..................................................................................................................................................... v List of Photos.................................................................................................................................................... vi Definitions ....................................................................................................................................................... vii Abbreviations .................................................................................................................................................. ix Executive Summary ........................................................................................................................................ x

CHAPTER ONE INTRODUCTION .................................................................................................. 1

1.1 Overview of the Nigeria Erosion and Watershed Management ................................... 1 Project (NEWMAP) .......................................................................................................................................... 1 1.2 Purpose of the Resettlement Action Plan (RAP) .......................................................................... 3 1.3 Justification for Preparation of an RAP ........................................................................................... 3 1.4 RAP Methodology ..................................................................................................................................... 4

CHAPTER TWO DESCRIPTION OF THE PROPOSED PROJECT ........................................... 6

2.1 Introduction ............................................................................................................................................... 6 2.2 Design Concepts ....................................................................................................................................... 8 2.3 Civil works/design solutions ............................................................................................................ 10

2.3.1 Construction of the adjoining roads ....................................................................................................... 10 2.3.2 Construction of drainages ........................................................................................................................... 10 2.3.3 Easing of the sides to stable slopes in sections where space permits. ................................. 11

2.4 Design components .............................................................................................................................. 11 2.4.1 Concrete stepped channel ........................................................................................................................... 11 2.4.2 Chute channel .................................................................................................................................................. 11 2.4.3 Stilling basin ..................................................................................................................................................... 12

CHAPTER THREE DESCRIPTION OF THE AREA OF INFLUENCE AND SOCIAL

BASELINE CONDITIONS ................................................................................................................... 13

3.1 Overview of the Project State ....................................................................................................... 13 3.1.1 Physical Environment of Anambra State .......................................................................................... 13

3.1.2 Biological Environment ............................................................................................................... 14 3.1.3 Ecological Issue .................................................................................................................................. 16 3.2 Overview of Awka ................................................................................................................................. 16 3.3 The Project Area .................................................................................................................................... 17

3.3.1 Physical Environment .............................................................................................................................. 17 3.3.2 Biological Environment ............................................................................................................... 21

3.3.3 Health Assessment .................................................................................................................................... 25 3.4 Socio-Economic Baseline Conditions of Project Affected Persons (PAPs) ............... 25

3.4.1 Gender Distribution of PAPs ...................................................................................................................... 25 3.4.2 Age Distribution of PAPs ............................................................................................................................. 26 3.4.4 Marital status of PAPs ................................................................................................................................... 27 3.4.5 Average household size of PAPs ............................................................................................................... 28 3.4.6 Income status of PAPs .................................................................................................................................. 29

CHAPTER FOUR POLICY, LEGAL AND REGULATORY FRAMEWORK ............................. 30

4.1 Introduction ............................................................................................................................................ 30 4.2 The Resettlement Policy Framework (RPF) of the NEWMAP ............................................ 30 4.3 Relevant Nigeria Acts and Legislations ........................................................................................ 31



iv

4.3.1 Land Use Act of 1978 and Resettlement Procedures .................................................................. 31 4.4 State Legislations .............................................................................................................................. 34 4.5 International Guidelines ................................................................................................................ 34 4.5.1 The World Bank Policy on Involuntary Resettlement (OP. 4.12) and ........................ 34

4.5.2 Conclusion Drawn from the Review of World Bank Policies on Involuntary

Resettlement ............................................................................................................................................................... 35

CHAPTER FIVE IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED

PERSONS ............................................................................................................................................... 37

5.1 Approach to Impacts and PAPs Identification ............................................................................ 37 5.2 Discussion of Project Impacts .......................................................................................................... 39 5.3 Impact Reduction Measures Undertaken ..................................................................................... 39 5.4 Inventory of Affected Assets/Structures in the Project Area ................................................ 40 5.5 Census of Project Affected Persons (PAPs) ................................................................................. 41 5.6 Analysis of Impacts and Income Restoration Measures for Vulnerable

Group/PAPs.................................................................................................................................................... 41 5.7 Performance Indicators for Assessing Income Restoration ................................................. 42 5.8 The Valuation methodology .............................................................................................................. 42

5.8.1 Method of Valuation for compensation ................................................................................................. 44 5.9 Description of Eligibility Criteria for Defining Various Categories of ............................ 45

5.9.1 PAPs Losing Permanent Structures-for Residential (immoveable structures) ..................... 46 5.9.2 PAPs Losing Permanent Structures-for Business (immoveable structures) .......................... 46

5.10 Proof of Eligibility .............................................................................................................................. 46 5.11 Duration for Civil Works.................................................................................................................. 46 5.12 Cut-Off Date .......................................................................................................................................... 47 5.13 Entitlement Matrix for the PAPs ................................................................................................... 47

CHAPTER SIX GRIEVANCE REDRESS MECHANISMS........................................................... 50

6.0 Introduction ........................................................................................................................................ 50 6.1 Grievance Redress Process ............................................................................................................ 50 6. 2 Grievance Redress Committee .................................................................................................... 50

6.2.1 Expectation When Grievances Arise .................................................................................................. 52 6.3 Management of Reported Grievances .......................................................................................... 52 6.4 Grievance Log and Response Time ............................................................................................... 53 6.5 Monitoring Complaints ................................................................................................................... 54

CHAPTER SEVEN STAKEHOLDERS CONSULTATION ............................................................... 55

7.1 Introduction ............................................................................................................................................ 55 7.1.1 Section A ............................................................................................................................................................. 55 7.1.2 Section B ............................................................................................................................................................. 57

CHAPTER EIGHT BUDGET AND FINANCING PLAN ................................................................... 60

8.1 Budget For Resettlement Activities Related With The Rehabilitation ................ 60 Project .............................................................................................................................................................. 60 8.2 Summary of Compensation and Resettlement Budget for PAPs ......................................... 60 8.3 Procedure for Delivering of Entitlements ................................................................................... 60

8.3.1 Engagement of Consultant (NGO) ........................................................................................................... 60 8.4 RAP Compensation Process .............................................................................................................. 61 8.5 Compensation Payment Administration ...................................................................................... 62 8.6 Resettlement Implementation Linkage to Civil Works .......................................................... 62

CHAPTER NINE INSTITUTIONAL MATRIX ................................................................................. 63



v

9.0 Introduction ............................................................................................................................................ 63 9.1 Organizational Arrangement - Roles and Responsibilities .............................................. 63

CHAPTER TEN TIMETABLE OF EVENTS COORDINATED WITH THE CONSTRUCTION

PROJECT ............................................................................................................................................... 69

10.1 Timetable for the Resettlement Action Plan ............................................................................ 69 10.2 Training and Capacity Needs.......................................................................................................... 69

CHAPTER ELEVEN MONITORING AND EVALUATION .............................................................. 71

11.1 Overview ................................................................................................................................................ 71 11.2 Internal Monitoring ........................................................................................................................... 71 11.3 Tasks of the Monitoring and Evaluation Officer ...................................................................... 71 11.4 Independent Monitoring ................................................................................................................. 72 11.5 Monitoring Indicators ...................................................................................................................... 72 11.6 Implementation Schedule ............................................................................................................... 73 References ...................................................................................................................................................... 74

Annexes ................................................................................................................................................ 75

Annex 1 Census Registration for PAPs .................................................................................................. 76 Annex 2: Monitoring Indicator for the Performance of RAP Income Restoration ................ 79 Annex 3 Grievance Redress Mechanism ............................................................................................... 80 Annex 4 Minutes of the Public Consultation for ........................................................................... 83

Resettlement Action Plan (RAP) Held on the 3rd

of April, 2014 ................................................. 83 Annex 5 Questionnaire for Socio-Economic Data Collection For RAP for the Amachalla

Gully Erosion Site, Awka South, Anambra State ............................................................................... 84 Annex 6 Maps ................................................................................................................................................. 87

List of Figures FIGURE 1 SETTING OUT DRAWING OF AMACHALLA GULLY SITE ................................................................................. 7

FIGURE 2 THE 3 ROAD CHANNELS ............................................................................................................................... 9

FIGURE 3 ROAD DRAINAGE DESIGN ........................................................................................................................... 10

FIGURE 4 STRUCTURAL DETAIL OF CHUTE ................................................................................................................. 12

FIGURE 5 DESIGN FOR THE STILLING BASIN ............................................................................................................... 12

FIGURE 6 MAP OF ANAMBRA SHOWING THE PROJECT COMMUNITY ...................................................................... 15

FIGURE 7 TEMPERATURE PATTERN ........................................................................................................................... 18

FIGURE 8 RAINFALL PATTERN .................................................................................................................................... 19

FIGURE 9 PATTERN OF RELATIVE HUMIDITY.............................................................................................................. 19

FIGURE 10 GENDER DISTRIBUTION OF PAPS WITHIN THE STREET ............................................................................ 26

FIGURE 11 AGE DISTRIBUTION OF PAPS .................................................................................................................... 27

FIGURE 12 MARITAL STATUS OF THE PAPS ............................................................................................................... 27

FIGURE 13 EDUCATION QUALIFICATION OF THE PAPS .............................................................................................. 28

FIGURE 14 AVERAGE HOUSEHOLD SIZE OF PAPS ...................................................................................................... 28

FIGURE 15 DAILY INCOME TREND OF THE PAPS ........................................................................................................ 29

FIGURE 16 INFLATION RATE IN NIGERIA 2008-2013 (CBN) ........................................................................................ 44

List of Tables

TABLE 3.0 SOME COMMON PLANTS FOUND WITHIN THE COMMUNITY ................................................................. 21



vi

TABLE 4.0 COMPARISON OF NIGERIAN LAND USE ACT AND WORLD BANK OP4.12 ON COMPENSATION ............ 35 TABLE 5.0 INVENTORY OF IMPACTS .......................................................................................................................... 40 TABLE 5.1 MARKET SURVEY ....................................................................................................................................... 43 TABLE 5.2: ENTITLEMENT MATRIX TABLE .................................................................................................................. 47 TABLE 6.1: A TYPICAL REPORTING FORMAT FOR GRIEVANCE REDRESS .................................................................... 54 TABLE 7.0 SUMMARY OF STAKEHOLDERS COMMENTS AND REMARKS .................................................................... 55 TABLE 8.0 COMPONENTS OF COMPENSATION BUDGET ........................................................................................... 60 TABLE 10.0 TIMETABLE FOR COMPLETION OF THE RAP ............................................................................................ 69 TABLE 10.1 TRAINING SCHEDULE .............................................................................................................................. 70 TABLE 11.0 SUMMARY OF RESPONSIBILITY FOR IMPLEMENTATION OF RESETTLEMENT ACTION PLAN .................. 73

List of Photos

PHOTO 1 SACRED MONKEY 22

PHOTO 2 MONA MONKEY 22 PHOTO 3 NKWO AMAENYI MARKET 23 PHOTO 4 MAJOR MARKET IN AMACHALLA 24 PHOTO 5 IMO-AWKA SHRINE 24 PHOTO 6 SECTION OF THE IMO AWKA SHRINE 25 PHOTO 7 SECTION OF ONWUBIKO STREET (CHANNEL 10) 37 PHOTO 8 A SECTION OF EUGENE NWUDE STREET 38 PHOTO 9 A SECTION OF PETER ONWUKA ST 38

PHOTO 10 A SECTION OF ONWUBIKO STREET 38 PHOTO 11 CONSULTANTS WITH PAPS

PHOTO 12 CENSUS REGISTRATION OF PAPS 59

PHOTO 13 CONSULTANTS DURING CONSULTATION WITH PAPS 58 PHOTO 14 ONE OF THE PAPS FILLING SOCIOECONOMIC SURVEY TOOL 59 PHOTO 15 MAP SHOWING ONWUBIKO ST (CHANNEL TEN) AND PAPS LOCATIONS 87 PHOTO 16 MAP SHOWING EUGENE NWUDE ST AND PAPS LOCATIONS 88 PHOTO 17 MAP SHOWING PETER ONWUKA ST AND PAPS LOCATIONS 89



vii

Definitions

Children: all persons under the age of 18 years according to international regulatory standard (Convention on the rights of Child 2002)

Community: a group of individuals broader than households, who identify themselves as a common unit due to recognized social, religious, economic and traditional government ties or shared locality.

Compensation: payment in cash or in kind for an asset or resource acquired or affected by the project.

Cut-off-Date: the date of completion of inventory of losses and census of project affected persons Economic Displacement: a loss of productive assets or usage rights or livelihood capacities because such assets / rights / capacities are located in the project area.

Entitlement: the compensation offered by RAP, including: financial compensation; the right to participate in livelihood enhancement programs; housing sites and infrastructure; transport and temporary housing allowance; and, other short term provisions required to move from one site to another. Head of the Household: the eldest member of the core family in the household, for the purpose of the project.

Household: a group of persons living together who share the same cooking and eating facilities, and form a basic socio-economic and decision making unit. One or more households often occupy a homestead.

Involuntary Resettlement: resettlement without the informed consent of the displaced persons or if they give their consent, it is without having the power to refuse resettlement.

Lost Income Opportunities: lost income opportunities refers to compensation to project affected persons for loss of business income, business hours/time due to project

Operational Policy 4.12: Describes the basic principles and procedures for resettling, compensating or at least assisting involuntary displace persons to improve or at least restore their standards of living after alternatives for avoiding displacement is not feasible

Physical Displacement: a loss of residential structures and related non-residential structures and physical assets because such structures / assets are located in the project area.

Private property owners: persons who have legal title to structures, land or other assets and are accordingly entitled to compensation under the Land Act.

Project-Affected Community: a community that is adversely affected by the project.

Project-Affected Person: any person who, as a result of the project, loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual



viii

or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily.

Rehabilitation: the restoration of the PAPs resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project.

Relocation: a compensation process through which physically displaced households are provided with a one-time lump-sum compensation payment for their existing residential structures and move from the area.

Replacement Cost: the amount of cash compensation and/or assistance suffices to replace lost assets and cover transaction costs, without taking into account depreciation or salvage value.

Resettlement Action Plan (RAP): documented procedures and the actions a project proponent will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by a project.

Resettlement Assistance: support provided to people who are physically displaced by a project.This may include transportation, food, shelter, and social services that are provided to affected people during their resettlement. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days.

Resettlement: a compensation process through which physically displaced households are provided with replacement plots and residential structures at one of two designated resettlement villages in the district. Resettlement includes initiatives to restore and improve the living standards of those being resettled.

Squatters: squatters are landless household squatting within the public / private land for residential and business purposes.

Vulnerable group: People who by their disadvantage conditions will be economically worse impacted by project activities than others such as female headed households, persons with disability, at-risk children, persons with HIV-AIDS and elderly household heads of 60 years and above.



ix

Abbreviations

ARAP - Abbreviated Resettlement Action Plan

CDC - Community Development Council

DP - Displaced Persons

ESIA - Environmental and Social Impact Assessment

ESMF - Environmental and Social Management Framework

IDA - International Development Association

LGA - Local Government Authority

NGO - Non-Governmental Organization

PAD - Project Appraisal Document

PAP - Project Affected Person

PRA - Participatory Rural Appraisal

PMU - Project Management Unit

PIM - Project Implementation Manual

SMEnv - State Minister of Environment

RAP - Resettlement Action Plan

ROW - Right of Way

RPF - Resettlement Policy Framework

SSI - Semi Structured Interview

WB - World Bank

NB: Exchange rate; 1USD = ₦162



x

Executive Summary

INTRODUCTION

The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed

Management Project (NEWMAP), financed by the World Bank, Global Environment Facility, the

Special Climate Change Fund, and the Government of Nigeria. The Project Development

Objective (PDO) of the NEWMAP is to improve erosion management and gully rehabilitation;

increase incomes for rural households from improved agricultural and forest practices through the

use of conservation agriculture, agroforestry, natural regeneration, etc.; and gain efficiency in public

administration and public spending through improved knowledge base, analytical tools, multi-

sectoral coordination and stakeholder dialogue.

Various documents have been prepared in line with NEWMAP, and they include; Environmental

and Social Management Framework (ESMF), Resettlement Policy Frameworks (RPF), Project

Appraisal Document (PAD) prepared for the Nigerian Erosion and Watershed Management

Project. This report focuses on the Resettlement Action Plan (RAP) developed for the

Rehabilitation of the Amachalla Gully Erosion at Awka, Anamabra State, Nigeria.

The aim of the RAP is to identify and assess the human impact of the proposed works at the

Amachalla Gully Erosion Site, and to prepare an Action Plan to be implemented in coordination

with the civil works in line with World Bank Policy and Nigeria policies and laws. Experience has

shown that involuntary resettlement can cause loss of income, assets, and community ties that,

especially among the poor, can be essential for survival and wellbeing. In extreme cases,

involuntary resettlement can lead to the dissolution of families, impoverishment and health

problems. The RAP will identify the project-affected persons (PAPs), engage them in participatory

discussions regarding the plan and formulate an action plan for compensation.

DESCRIPTION OF THE PROPOSED PROJECT

The proposed rehabilitation works is part of the intervention programme of the World Bank

(NEWMAP sub-project), which is aimed at reclaiming of the already degraded part of the region

for subsequent utilization of land for either agricultural purposes or other developmental projects.

These will consider the following:

Construction of roads leading to the gully heads, which serves as drain channels that lead

the storm water and also adequately design drainages that will channel the water to

collector, drains at the gully head (Peter Onwuka Street, Eugene Nwude Street and Channel

10 road i.e. Onwubiko Street).

Construction of suitable sized and aligned collector drains at the gully head to lead the

storm waters into drop structures to be constructed.

Easing of the sides to stable slopes in sections where space permits.

Construction of other components such as concrete stepped channel, chute channel and

stilling basin.

The Project Area

The Amachalla gully site is located on the east side of Awka between the Government house road

and old Onitsha- Enugu road housing estate beside Nkwo Amaenyi. The gully is made up of a



xi

main gully siting on the two roads with short fingers in other direction. The gully has an average

height of 17m and consists of a lower and upper watershed within the catchment. The gully head

has however exacerbated to ravines which started at the discharge ends of existing drains across the

roads meeting at the junction were the gully sits, surrounding the communities. The gully further

eroded due to faulty drainage from all the roads, which slopes towards the gully.

The project area is populated; within the area consist of schools, including the Amaenyi Girls High

School, a guesthouse (Festus Guest House), a market (Nkwo Amaenyi Market), the Imo Awka

shrine, a Church (Eternal Scared Order, Cherubim and Seraphim) and a market.

POLICY, LEGAL AND REGULATORY FRAMEWORK

A number of national and international environmental guidelines are applicable to the operation of

the NEWMAP. The Bank’s policy on Involuntary Resettlement advocates that where feasible,

involuntary resettlement should be avoided or minimized. Resettlement shall be conceived and

executed as a sustainable development program, where it is inevitable, providing sufficient

investment resources to enable persons displaced by the project share in project benefit.

This RAP will be aligned with the World Bank Operational Policies including Involuntary

Resettlement Policy, which indicate best practices for rehabilitation of livelihoods of people

affected by the implementation of the project.

IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS

The inventory indicated that land acquisition would not occur as a result of the project. There are

no project impacts in the categories of loss of farm, economic tree, shrines/cultural property, etc.

However, there may be minor to major loss of properties as a result of encroachment into the

government approved ROW by members of the community during construction of houses and

fence.

The road and drainage construction, which is a sub-project of the Amachalla Gully Erosion

Rehabilitation project, will have a lot of beneficial impacts on the community. This will include but

not limited to termination/control of the gully erosion at Amachalla, provision of good drainage

and good access road network, improved sanitation, prevention of flooding within the area,

reduction of water borne and water related diseases, employment, etc. In spite of these significant

positive impacts, there are concerns for negative socio-economic impacts to the PAPs and

communities because project activities will cause loss of assets, loss of income, physical

displacement, restriction to access to source of livelihood and involuntary displacement/relocation.

Impact Reduction Measures Undertaken

The following are technical steps taken in consultation and concurrence of Anambra State

NEWMAP PMU which have resulted in the reduction of adverse impacts of the project:

Consulting/communicating the people of the project area and PAPs in particular on the

day and time to expect civil work activities within their respective points/ROW

Required ROW within the streets is restricted to 1.5 meter only.

The design of the road networks was such that will enable avoidance as much as possible of

structures while maintaining the sizes of drainages and road as it described in the

engineering design.



xii

Census of Project Affected Persons (PAPs)

The outcome of the census conducted shows that 33 persons will be potentially impacted or suffer

socio-economic losses as a result of sub-project activities.

Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs

Six (6) vulnerable persons were enumerated during the RAP census consist of female-headed

households, the severely poor proxies by household heads on less than $5 per day and the elderly

poor persons (above 60) with dependents. There was no vulnerable PAP in the category of HIV-

AIDS persons and child headed households. However 1 physically challenged person (hard of

hearing) was identified. No mentally disabled persons were identified as part of the PAPs.

Performance Indicators for Assessing Income Restoration

It is the responsibility of the monitoring and evaluation officer or the Safeguard Officer at the

PMU to design a schedule and budget for monitoring the implementation of the RAP which will

begin before project implementation and continue through the life cycle of the project. The

monitoring indicators, for the RAP income restoration progress is attached as annex 2 of this

report.

The Valuation methodology

The asset valuation was conducted based on the current market prices in the project area. For some

materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the

average market price plus 2% price flexibility adjustment was used for the valuation.

Valuation Method for Land Property

In line with OP 4.12 of the World Bank on involuntary resettlement as stated in the entitlement

matrix, land for land entitlement is prescribed.

Replacement Cost Method for Assets/Structures

The Replacement Cost Method, which is used in estimating the value of the

property/structure, is based on the assumption that the capital value of an existing development

can be equated to the cost of reinstating the development on the same plot at the current labour,

material and other incidental costs.

Disturbance and Other Incidental Contingencies

Affected business premises, which will have to close shop or be relocated, will be given

compensation for loss of business time/income and cash or in kind assistance to enable the

relocation of affected property.

Subsistence and Transport Allowances

It is provided as a poverty alleviation measure, which this RAP seeks to address, that an amount of

N 10, 000 be paid to all PAPs that will need to move their assets to a new location within Awka.

Similarly, a subsistence amount of N30,000 flat was provided for those that will suffer loss of

income, including the vulnerable persons



xiii

STAKEHOLDERS CONSULTATION

The major Stakeholder Consultation was held in Nkwo-amaenyi Market Square on 3rd of April,

2014. Consultations were also carried out prior to that. The Client and Consultant worked together

to identify the key stakeholders that should be consulted at various stages of project

implementation. This process was completed with the identification of project-affected areas,

residents and relevant governmental stakeholders.

Consultation Method: A combination of various consultation methods were used to assess knowledge,

perception and attitude of the groups consulted concerning the project, and its potential

environmental and social impacts.

BUDGET AND FINANCING PLAN

Since the Anambra State Ministry of Environment is the ones impacting livelihoods, it will be their

responsibility to fund the RAP budget. 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.

RAP Compensation Process: The compensation process will involve several steps in accordance with

the report.

Compensation Payment Administration: The resettlement budget details prepared in this RAP shall be

the guide for the Consultant/NGO to be engaged for RAP payment

Resettlement Implementation Linkage to Civil Works

Before any project activity is implemented, PAPs will need to be compensated/resettled in

accordance with the entitlement matrix/budget plan established in this RAP.

INSTITUTIONAL MATRIX

The major institutions that are involved in this resettlement process are the Anambra State

Ministry of Environment (SMEnv), the World Bank, and the Community Resettlement

Committee (CRC).

Timetable for the Resettlement Action Plan: The RAP has to be completed and PAPs adequately

compensated before operation in the designated ROW of the project.

Training and Capacity Needs

It is necessary that the PMU and the Dispute resolution committee be educated on the modus

operandi of involuntary resettlement and how to manage grievance cases and also for PAPs to

understand optimal measures for livelihood restoration and the opportunities to possibly take

advantage of.

MONITORING AND EVALUATION

There will be two levels of monitoring; namely internal monitoring and external monitoring. Under

internal monitoring the Anambra State Ministry of Environment will hire a monitoring and

evaluation officer to work in the PMU while an external monitoring and evaluation officer will be

engaged periodically by SMEnv.



1

CHAPTER ONE INTRODUCTION

1.1 Overview of the Nigeria Erosion and Watershed Management

Project (NEWMAP)

The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and

Watershed Management Project (NEWMAP), which is financed by the World Bank, Global

Environment Facility, the Special Climate Change Fund, and the Government of Nigeria.

NEWMAP finances activities implemented by States and activities implemented by the

Federal government. The project currently includes 7 states, namely Anambra, Abia, Cross

River, Edo, Enugu, Ebonyi, and Imo. The Nigeria Erosion and Watershed Management

Project (NEWMAP) aims to reduce vulnerability to soil erosion in targeted sub-catchments.

The Project Development Objective (PDO) of the NEWMAP is to improve erosion

management and gully rehabilitation; increase incomes for rural households from improved

agricultural and forest practices through the use of conservation agriculture, agroforestry,

natural regeneration, etc.; and gain efficiency in public administration and public spending

through improved knowledge base, analytical tools, multi-sectoral coordination and

stakeholder dialogue.

NEWMAP investments include a strategic combination of civil engineering, vegetative land

management and other catchment protection measures, and community-led adaptive

livelihood initiatives. The sustainability of these investments will be reinforced by

strengthening institutions and information services across sectors and States, including

support to improve governance, regulatory compliance, environmental monitoring, impact

evaluation, catchment and land use planning, and to strengthen Nigeria’s capacity to

promote and implement climate-resilient, low- carbon development.

NEWMAP involves many Federal and State Ministries, Departments and Agencies (MDAs),

local governments, communities, and civil society. Effective implementation requires inter-

ministerial and inter-state coordination, collaboration, and information sharing. Each

component, sub-component and activity will be implemented through relevant Federal and

State MDAs. The various MDAs include those responsible for planning, economy and

finance, works, agriculture, water resources, forests, transport, power, emergency response,

as well as those focused on climate and hydrological information or catchment/ basin

regulation. Most of NEWMAP’s investments will be made at the State level, as States have

primary responsibility for land management and land allocations.

NEWMAP Components are divided into 4 viz;



2

Component 1: Erosion and Catchment Management investment

Sub-component 1A Gully Rapid Action and Slope Stabilization

Sub-component 1B Integrated Catchment Management

Sub-component 1C Adaptive Livelihoods

Component 2: Erosion and Catchment Management Institutions and Information

Services

Sub-component 2A Federal MDA Effectiveness and Services Sub-component

2B State MDA Effectiveness and Services Sub-component

2C Local Government Capacity Sub-component

2D Private Sector Capacity

Component 3: Climate Change Agenda Support

Sub-component 3A Policy and Institutional Framework Sub-component

3B Low Carbon Development

Component 4: Project Management

Various documents have been prepared in line with NEWMAP, and they include;

Environmental and Social Management Framework (ESMF), Resettlement Policy

Frameworks (RPF), Project Appraisal Document (PAD) prepared for the Nigerian Erosion

and Watershed Management Project. This report focuses on the Resettlement Action Plan

(RAP) developed for the Rehabilitation of the Amachalla Gully Erosion at Awka, Anamabra

State, Nigeria.

The Amachalla gully site is located on the east side of Awka between the Government house

road and old Onitsha- Enugu road housing estate beside Nkwo Amaenyi. The gully is made

up of a main gully siting on the two roads with short fingers in other direction. The gully has

an average height of 17m high with and consists of a lower and upper watershed within the

catchment. The gully head has however exacerbated to ravines which started at the discharge

ends of existing drains across the roads meeting at the junction were the gully sits,

surrounding the communities. The gully further eroded due to faulty drainage from all the

roads, which slopes towards the gully. The project area is populated; within the area consist

of schools, including the Amaenyi Girls High School, a guest house (Festus Guest House), a

market (Nkwo Amaenyi Market), the Imo Awka shrine, a Church (Eternal Scared Order,

Cherubim and Seraphim) and a market.

The NEWMAP intends to rehabilitate the erosion gully site and reduce longer-tern erosion

vulnerability in the targeted area. The activities for this sub-project will involve civil works in

specific intervention sites – that is, construction of drainage works and/or rehabilitation of

gullies. This could result in the acquisition of land or displacement of families, business or

public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary

Resettlement and hence the need for a Resettlement Action Plan (RAP) or an



3

Resettlement Action Plan (RAP). Although this qualifies for an ARAP, it’s been decided that a

full RAP is required to guide the intervention process for this project, because of the

significantly high level of social impact of land in the project participating States.. More

information on the justification of the report is provided in subsequent section.

1.2 Purpose of the Resettlement Action Plan (RAP)

The aim of the RAP is to identify and assess the human impact of the proposed works at the

Amachalla Erosion Gully Site, and to prepare an Action Plan to be implemented in

coordination with the civil works in line with World Bank Policy and Nigeria policies and

laws. Experience has shown that involuntary resettlement can cause loss of income, assets,

and community ties that, especially among the poor, can be essential for survival and

wellbeing. In extreme cases, involuntary resettlement can lead to the dissolution of families,

impoverishment and health problems. The RAP will identify the project affected persons

(PAPs), engage them in participatory discussions regarding the plan and formulating a plan

of action to adequately compensate people for their losses.

1.3 Justification for Preparation of an RAP

The Policy of the World Bank is to ensure that persons involuntarily resettled caused by the

taking of land in the context of a project supported by the Bank, have an opportunity to

restore or improve their level of living to at least the pre-project level. Project affected

people should participate in the benefits of the project and they should be given options

regarding how they restore or improve their previous level of living. In the NEWMAP

project it is not sufficient for communities to passively accept project works and the impacts

of these works. Rather they must be mobilized to contribute actively to project design and

implementation and to maintain the works following implementation. This feature

underscores the need for accurate analysis of local social organization.

Although majority of the civil works will occur within the ROW for public facilities,

involuntary resettlement is triggered according to OP4.12 of the IDA because the impacts of

the sub-projects might cause persons and communities to be economically worse off and

may fuel crises in the project area, which could render the project unsustainable.

The core requirement of the OP 4.12 – Involuntary Resettlement is as follows: Avoid or minimize involuntary resettlement where feasible, exploring all viable

alternative project designs.

Assist project affected persons in improving t h e i r former living standards, income

earning capacity, and production levels, or at least in restoring them back to the

former status

Encourage community participation in planning and implementing resettlement.

Provide assistance to affected people regardless of the legality of land tenure.



4

1.4 RAP Methodology

This RAP study involves a number of coordinated approaches and action plans tailored to

addressing the scope of work and objectives set out in the TOR. The RAP team took the

following steps and approaches:

1) Initial meetings with Anambra State NEWMAP PMU This meeting offered the opportunity to clarify relevant issues in the terms of reference and

to agree on deliverables and timelines. The outcome of this meeting culminated in the

collection of relevant documents from project proponent and other relevant bodies. These

documents include Thematic Maps; Engineering Drawings, Resettlement Policy Framework

for NEWMAP, Environmental and Social Management Framework for NEWMAP,

NEWMAP Project Implementation Manual (PIM),NEWMAP Project Appraisal Document

(PAD), Nigeria Land Use Act (1978) and World Bank guidelines and Policies on Involuntary

Resettlement.

2) Literature Review The consultants duly reviewed all the relevant documents. The review exercise was helpful in

understanding the relationship and gaps in the policy frameworks of the World Bank on one

hand and the country laws and policies on involuntary displacement. From the review of the

policy documents stated above, the necessary requirements for this RAP were ascertained.

3) Initial/Reconnaissance Site Visit and Stakeholder Consultation This step was important to determine the magnitude and nature of the anticipated impacts

identify the affected communities, community leaderships and associations in which

potential PAPs belong. It was also used to consult with the stakeholder MDAs whose

assistances and cooperation is expected to ensure sustainable project implementation.

4) Engagement of field officers/enumerators Enumerators were selected from the consultant’s office and this selection was based on field experience. The field officers were trained on the use of the survey instrument and on the nature of the

policy guidelines that underlay the project. This was undertaken with mock exercise carried

out to test their understanding and capabilities before embarking on field survey.

5) Identification of PAPS and Affected Assets Identification of project-affected persons (PAPs) was based on the following considerations:

Owners of assets/structures along the right of way (ROW), about 1 meter for the streets

where the road and drainage construction will take place this was done taking into

cognisance the location of public utility (electric) poles along the ROW. Details on this are

presented in Chapter Five



5

6) Consultation of Affected Communities, PAPs and MDAs Aside those who were physically visited and engaged in consultations, the consultant

engaged the local chiefs, association leaders, Community Development Councils in the

dissemination of information to the project area. The essence of this was to invite all

stakeholders and project affected persons to a public consultation with date, venue and time

specified.



6

CHAPTER TWO DESCRIPTION OF THE PROPOSED PROJECT

2.1 Introduction

This chapter presents a description of the project area and proposed road construction based

on the feasibility reports and engineering designs for the planned rehabilitation of the

Amachalla gully erosion site. The proposed rehabilitation works is part of the intervention

programme of the World Bank (NEWMAP sub-project), which is aimed at reclaiming of the

already degraded part of the region for subsequent utilization of land for either agricultural

purposes or other developmental projects. Considering the economic viability, cost benefit

analysis, culture of the people, the rehabilitation works will be done as follows;

Construction of roads leading to the gully heads which serves as drain channels that

lead the storm water and also adequately design drainages that will channel the water

to collector drains at the gully head (Peter Onwuka Street, Eugene Nwude Street and

Channel 10 road i.e. Onwubiko Street).

Construction of suitable sized and aligned collector drains at the gully head to lead the storm waters into drop structures to be constructed.

Easing of the sides to stable slopes in sections where space permits.

Construction of other components such as concrete stepped channel, chute channel and stilling basin.

Resettlement Action Plan Rehabilitation of Amachalla Gully Erosion site- NEWMAP

Figure 1 Setting out drawing of Amachalla Gully site

7


2.2 Design Concepts

The erosion at Amachalla can be classified under permanent incised gully erosion. They

occur on both natural and disturbed lands. The gullies are typically wide and deep relative to

the flow in them. The channel bottom drops abruptly in elevation at the head cut and the

channels widens abruptly from the upstream concentrated flow area to the downstream

gully. The gullies typically have a very steep side-walls. The sidewalls have also retreated

laterally to produce a wide channel with steep side-wall and shallow flow.

The Amachalla gully problem emanated from the uncontrolled storm water discharged down

the steep sandy slopes of interconnecting village roads. The adjoining land or properties by

the sides of the roads are higher than the road levels, with the effects that the roads form the

natural channels for conveying the storm water to the gully heads. This has been exacerbated

by increased, unplanned heavy development of the town, which had tremendously increased

the impermeable surfaces, thus increasing the quantity of run-off from each rainfall. The

erosion was first noticed on June 12, 2011, after the construction of Zik Avenue, Awka, which

resulted in further increase in storm water, discharged to the channel 10 roads that

lead to the gully head.

8


Figure 2 The 3 Road Channels

9



10

Dr O A Anyadiegwu 10

2.3 Civil works/design solutions

2.3.1 Construction of the adjoining roads

The major cause of the erosion as stated earlier is the uncontrolled discharge from these

adjoining roads, which act as storm water channel to the gully head. To proffer a permanent

solution to the erosion problem, the cause has to be properly addressed. Once this storm

water is properly channeled and controlled, its destructive effect on eroding the soil will be

taken care of hence the need to construct the road and the side drain along the road. If the

erosion is addressed without the roads it will amount to waste of resources as whatever

solution proffered will be eroded and carried away by the storm water. The roads are

designed to have a width of about 7.7m with drainages on both sides of 1.4m each giving a

total of 10.5m taken from the ROW.

2.3.2 Construction of drainages

The drainage at each point of the road will be made in concrete before the water enters the

main channel. This channel will take the water to the sloping glacis (chute) which is also

made of concrete and from there to stilling basin where the water will be stilled and taken to

the natural stabilized valley through the gabion mattress. The side slopes of the channels,

stilling basin and the chutes will be treated with structured vegetation which will include sand

bags, erosion resistance trees, plants and grasses in other to make the area environmental

sound.

Figure 3 Road drainage design



11

2.3.3 Easing of the sides to stable slopes in sections where space permits.

Focus will be on the use of vegetation to stabilize soil on slopes prone to mass movements.

Before a plant can be chosen for a particular function, its physical and hydrological

properties will be determined, thus the root architecture of grasses, shrubs and trees

described and the soil hydrological and mechanical factors which influence vegetation will also

be discussed.

2.4 Design components

2.4.1 Concrete stepped channel

The concrete channel will have a total length of 75 meters (75m) which will be divided into

three steps of twenty five meters (25meach and with a width of 1.5m, while the height of the

step is two meters (2m) each. To facilitate the construction of the step and ensure stability

due to earth pressure on the steps, gabions will be introduced at the rear of each step.

The stepping of this channel should be considered very necessary in order to reduce energy

and the velocity of the flow between the beginning of the channel and the sloping glacis. If

the channel is not stepped, the slope would be higher with the consequent effect of higher

velocity and a larger basin.

2.4.2 Chute channel

The chute channel will have a total length of thirty six meters (36m), 1.5 width, 1.5m height

of side wall of 250mm and 180 sloe, to check sliding of the chute channel, a chute block will

be subdivided into ten meters section and then construction joints introduced. These

construction joints will be treated with water stop, bituminous sealant material, and detailed

in such a way that, if there is any leakage through the joints it will not create hydrostatic

pressure on the floor of the chute but instead will flow down. The thickness of the concrete

floor for the chute is 450mm while the wall thickness is 250mm reinforced concrete.



12

Figure 4 Structural detail of Chute

2.4.3 Stilling basin

The stilling basin will have the following parameters, height of hydraulic jump 2.30m, length

of hydraulic jump 10m, the critical depth of water is 670mm and hence the basin will be

embedded into the ground by 1900mm, the downstream will be protected with gabion

mattress until the water enters the naturally stabilized valley. The length of the gabion mattress

is fourteen meters.

Figure 5 Design for the Stilling Basin



13

CHAPTER THREE DESCRIPTION OF THE AREA OF

INFLUENCE AND SOCIAL BASELINE CONDITIONS

3.1 Overview of the Project State

Anambra State is located within the south-eastern zone of Nigeria with s land mass of over

4120 sq. km. The state has a population of 4,055,048 (2006 Census). Anambra state is

situated on a low elevation on the eastern side of the River Nigera and shares boundaries

with Kogi, Enugu, Imo, Abia, Delta, Rivers and Edo states. The twenty-one (21) Local

Government Areas in Anambra State are: Aguata, Anambra East, Anambra West, Aniocha,

Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili South,

Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba

North, Orumba South, Oyi.

The project area is situated in Awka, the capital of Anambra State is an urban city located

between Latitude 6.21°N and Longitude 7.07°E on the south eastern part of Nigeria with an

estimated population of 301,657 as of 2006 Nigerian census.

3.1.1 Physical Environment of Anambra State

Geology

Anambra State lies in the Anambra Basin and has about 6,000 m of sedimentary rocks. The

sedimentary rocks comprise ancient Cretaceous deltas, somewhat similar to the Niger Delta,

with the Nkporo Shale, the Mamu Formation, the Ajali sandstone and the Nsukka

Formation as the main deposits. On the surface the dominant sedimentary rocks are the Imo

Shale a sequence of grey shales, occasional clay ironstones and Sandstone beds.

The Imo Shale underlies the eastern part of the state, particularly in Ayamelum, Awka

North, and Oruma North LGAs. Next in the geological sequence, is the Ameke Formation,

which includes Nanka Sands, laid down in the Eocene. Its rock types are sandstone,

calcareous shale, and limestone in thin bands. Outcrops of the sandstone occur at various

places on the higher cuesta, such as at Abagana and Nsugbe, where they are quarried for

construction purposes. Nanka sands out crop mainly at Nanka and Oko in Orumba North

LGA.

Lignite was deposited in the Oligocene to Miocene; and it alternates with gritty clays in

places. Outcrops of lignite occur in Onitsha and Nnewi. The latest of the tour geological

formations is the Benin Formation or the coastal plain sands deposited from Miocene to

pleistocene. The Benin Formation consists of yellow and white sands. The formation



14

underlies much of lhiala LGA. Thick deposits of alluvium were laid down in the western

parts of the state, south and north of Onitsha in the Niger and Anambra river floodplains.

Landforms and Drainage

Anambra State falls into two main landform regions: a highland region of moderate elevation

that covers much of the state south of the Anambra River, and low plains to the west, north,

and east of the highlands. The highland region is a low asymmetrical ridge or cuesta in the

northern portion of the Awka Orlu Uplands, which trend roughly southeast to North West,

in line with the geological formations that underlie it.

It is highest in the southeast, about 410m above mean sea-level, and gradually decreases in

height to only 33m in the northwest on the banks of the Anambra River and the Niger.

The lower cuesta, formed by the more resistar sandstone rocks of the Imo Shale, rises to

only 150m above mean sealevel at Umuawulu an decreases in height northwestward to only

100m < Achalla. Its escarpment faces the Mamu Rive plain and has a local relief of between

80 and 30n West of it, is the higher cuesta, formed by the sane stones of the Ameke

Formation. Its height is abov 400m in the south-east at lgboukwu and lsuofii decreasing

northwestward to less than 300m ; Agbana, and to only 100m at Aguleri.

3.1.2 Biological Environment Three soil types can be recognised in Anambra State. They are: (i) alluvial soils, (ii)

hydromorphic soils, and (iii) ferallitic soils. The alluvial soils are pale brown loamy soils.

They are found in the tow plain south of Onitsha in Ogbaru and in the Niger Anambra low

plain north of Onitsha. They differ from the hydromorphic soils in being relatively

immature, having no well-developed horizons.


Figure 6 Map of Anambra Showing the project community

15


16

3.1.3 Ecological Issue Some of the major ecological issues encountered in Anambra mostly includes; flooding and

erosion. The erosion issues have exacerbated overtime due to the extensive forest clearing,

often by bush burning, and continuous cropping with little or no replenishment of soil

nutrients. This further resulted in the disruption of the ecological equilibrium of the natural

forest ecosystem. Such a situation in a region of loosely consolidated friable soils is prone to

erosion, giving rise to extensive gully formation typical to the one experience in Amachalla

village and several other communities in Anambra State.

3.2 Overview of Awka

Awka comprises seven Igbo groups sharing common blood lineage divided into two

sections. Ifite Section, the senior section, comprises four groups, Ayom-na-Okpala, Nkwelle,

Amachalla, and Ifite-Oka followed by Ezinator Section, which consists of three groups,

Amikwo, Ezi-Oka and Agulu. Each of these groups has a number of villages. The project

area falls under Amachalla village.

Economy - Awka is the administrative headquarters of Anambra State. The major occupation

in the city includes civil service, farming and trading. The partly state- owned Orient

Petroleum Resources Ltd has the headquarters in Awka.

Education - Awka has a large university community, which at times comprises around 15%

of the population of the town. It hosts two primary universities of higher/tertiary education

- Nnamdi Azikiwe University and Paul University.

Cultural Resource – The indigenes of Awka are culture conscious and this plays a vital role

in their lives. Within the Amachalla community exists a shrine known as the Imo Awka shrine.

A festival is held at the beginning of the farming season in May in honour of a female deity

who it is hoped would make the land fertile and yields bountiful crops. The festival starts with

Awka people visiting the community of Umuokpu with masquerades and it ends with a visit

to the Imo Awka stream on the final day, which is heralded by a heavy rain that falls in the

late afternoon.

Erosion and Watershed Issues: The main ecological hazards in the area are accelerated gully

erosion and flooding. Extensive forest clearing, often by bush burning, and continuous

cropping with little or no replenishment of soil nutrients, resulted in the disruption of the

ecological equilibrium of the natural forest ecosystem. Such a situation in a region of loosely

consolidated and easily eroded soils is prone to serious erosion, giving rise to extensive gully

formation.

http://en.wikipedia.org/wiki/Igbo_people

http://en.wikipedia.org/w/index.php?title=Orient_Petroleum_Resources&action=edit&redlink=1

http://en.wikipedia.org/w/index.php?title=Orient_Petroleum_Resources&action=edit&redlink=1


17

Many of the gullies are at the head streams of the rivers that flow down the cuestas. The

head streams carve their valleys deep into the deeply weathered red earth; developing dendritic

patterns of gullies.

3.3 The Project Area

The Amachalla gully site is located on the east side of Awka between the Government house

road and old Onitsha- Enugu road housing estate beside Nkwo Amaenyi. The gully is made

up of a main gully siting on the two roads with short fingers in other direction. The gully has

an average height of 17m high with and consists of a lower and upper watershed within the

catchment. The gully head has however exacerbated to ravines which started at the discharge

ends of existing drains across the roads meeting at the junction were the gully sits,

surrounding the communities. The gully further eroded due to faulty drainage from all the

roads which slopes towards the gully.

The project area is populated, within the area consist of schools, including the Amaenyi Girls

High School, a guest house (Festus Guest House), a market (Nkwo Amaenyi Market), the

Imo Awka shrine, a Church (Eternal Scared Order, Cherubim and Seraphim) and a market.

The NEWMAP intends to rehabilitate the erosion gully site and reduce longer-tern erosion

vulnerability in the targeted area. This activity will be employed through some civil works

such as construction of infrastructure and stabilization of the gully. An engineering report

has already been prepared for the Amachalla erosion gully intervention Amachalla that

highlights on the detailed civil works that will be carried out. The rehabilitation works will

trigger some of the World Bank Safeguard Policies including Environmental Assessment

(OP 4.12); Natural Habitats (OP 4. 04); Physical and Cultural Resources (OP 4.11);

Involuntary Resettlement (OP 4.12)

3.3.1 Physical Environment

Climate The climate is characteristically of the Equatorial type found in South-Eastern Nigeria,

essentially warm and humid. This is a resultant effect of its prevailing seasonal wind,

nearness to the sea coast and the relatively flat topography of the environment. A humid

Tropical Maritime (mT) from across the Atlantic Ocean in the south dominates the region in

the longer wet season (April to October). A drier Tropical Continental (cT) air mass blowing

from the northeast direction controls the climate and meteorology of the area during the dry

season (November to March). Around December, it culminates into a very hungry (i.e. dry)

and foggy harmattan wind as it blows right from across the continental region of the West

African sub-region.


18

Most of the original Rain forest in the project community has been lost due to clearing for

farming and human settlement. A few examples of the original rain forest remains at places

like the Imo Awka shrine.

Temperature Air temperature has seasonal and diurnal variations. On the average, the ambient maximum

air temperature in the area varies from 28.00C to 37.50C while the minimum temperature

varies from about 220C to 270C. Lowest values are recorded in the month of July through

August. This coincides with the peak of the rainy season. The diurnal range is kept at a low

40C. The temperature of the area is influenced primarily by the apparent movement of the

sun, wind direction and speed as well as land configuration (NIMET).

40

30 2008

20 2009

10 2010

0 2011

2012

Figure 7 Temperature pattern

Rainfall The climate is tropical with two distinct seasons, the rainy season and the dry season. The

rainy season begins around the first of May and continues into September while the dry season

runs from November to April. Rainfall reaches its highest monthly maximum of 300

– 400mm during the month of June through September and drops to 0.0-1.0mm in

December and January. During the rainy season, a marked interruption in the rains occurs

during August, resulting in a short dry season often referred to as the “August break”,

though for years now this has not been consistent in August due to climate change.


19

V

olu

mn

(m

m3)

600

500

400

300

200

100

0

Figure 8 Rainfall pattern

Month

2008

2009

2010

2011

2012

The dry season is characterized by the cold dry “Harmattan” from the Sahara Desert. During

this period, which begins in November and runs through January a dry and dust laden wind

blows from the Sahara Desert. This sometimes makes the hills obscure due to the poor

visibility. The sun is also obscured during this period by the prevailing dust haze.

Relative humidity Relative humidity is high both day and night. It is greater than 85% at night, above 81% in

the mornings and between 60% and 75% in the evenings. Generally the drier months

(December to February) have lower values.

2.5

2

1.5

1

0.5

0

Figure 9 Pattern of Relative humidity

2008

2009

2010

2011

2012

Wind Speed Wind speed is generally low and usually less than 3 m/s under calm conditions most of the

year. Relatively higher wind speeds may occur mainly in the afternoons inducing convective


20

activities and creating diffusion characteristics. Incidences of these are often associated with

thunder and lightning especially during changing seasons. Atmospheric disturbances such as

line squalls and disturbance lines often induce the variability that results in speeds higher

than 5 m/s. Such increases characterize the beginning of rainy season (March-April) and end

of heavy rains (September-October), during which storms are more frequent. The harmattan

season (December to February) can give rise to occasional high wind regimes.

Wind Direction Wind directions are quite variable over the region. Data shows that about 60% of the winds

are south-westerlies and westerlies during the day in the wet season (NIMET). Southerlies,

south easterlies and south westerlies prevail more in the night during the period. This implies

that directions are usually more variable in the nights than in the mornings.

The winds are mostly northerlies, north easterlies and north westerlies in the dry season

particularly in the mornings. They are more of sourtherlies, south easterlies and/or westerlies

during the evenings, indicating the fairly strong influences of the adjoining maritime oceanic

air masses, contrasting land and sea breezes as well as appreciable degree of differential

heating of the two surfaces.

Geology Awka lies below 300 metres above sea in a valley on the plains of the Mamu River. Two

ridges or cuestas, both lying in a North-South direction, form the major topographical features

of the area. The ridges reach the highest point at Agulu just outside the Capital Territory.

About six kilometres east of this, the minor cuesta peaks about 150 metres above sea level at

Ifite –Awka.

It lies on the Middle Eocene sediment of the Tertiary period called the Bende-Ameki

Formation. It constitutes the main bulk of the Eocene strata overlaying the Imo shale group.

Ameki formation consists of a series of highly fossiliferous greyish green sandy clay with

calcareous concretions and white clayey sandstone.

Nanka Sand is a lateral equivalent of the Bende-Ameki Formation. The lithology consists of

fine to coarse sandstone with abundant intercalations of calcareous shale and thin shaley

limestone below, and of loose cross-bedded white or yellow sandstone with bands of fine-

grained sandstone and sandy clay above.

The Ameki Formation is uncomfortably overlain by the Ogwashi Asaba Formation. The

contact between these two formations can be discerned by the occurrence of thin layers of

lignite.


21

3.3.2 Biological Environment

Flora The vegetation types encountered within the Study Area are as follows:

- Areas of fallow bush of varying ages

- Fields used for rotational subsistence farming

- Degraded secondary rainforest as well as statutory and communal forests

All flora habitats surveyed were found to comprise shrubs, grasses, sedges and a mixture of

mature trees and re-growing juvenile trees.

Table 3.0 Some common plants found within the community

S/NO COMMON NAME BOTANICAL NAME

1. Maize /corn Zea mays

2.

Cassava Manihot esculenta

3. Banana Musa sapientum

4.

Water leaf Talinum triangulare

5. Okro Abelmoschus esculentus

6.

Pineapple Ananas comosus

7.

Guava Psidium guajava

8. Cocoyam Colocasia esculenta

9.

Pumpkin Cocurbita pepo

10.

Melon Citrullus vulgaris

11.

Pepper (small) Capsicum annuum

12.

Mango Magnifera indica

13.

Pawpaw Carica papaya

14. Bitter leaf Vernonia amygdalina

Fauna The Cercopithecus mona also known as Mona Monkeys is one of the wildlife mammal seen

within the project area. This animal is seen as sacred in the area so much so that a ceremony is

performed annually in its honour. Other wildlife found in the project area includes grass

cutters, porcupines, etc.


22

Furthermore, cattle, goat, sheep, poultry and pig were some of the livestock sited within the project area.

Photo 1 Sacred Monkey Photo 2 Mona Monkey

3.3.2 Social Environment

Demographics The study intends to identify and document the demographic data of the project

communities such as population, literacy level, occupation, dependency level, housing and

social amenities. These data will be useful not only in establishing the importance of the

rehabilitation of the Amachalla Erosion site but equally in quantifying the environmental and

social impacts of the planned works which will help determine the management plans for the

said project. More importantly, the baseline data will be useful for monitoring and evaluating

the post implementation condition of the community and by implication the success of the

project.

Anambra State is located within the southeastern zone of Nigeria with Awka as its capital.

Onitsha and Nnewi, which are listed amongst the biggest commercial cities in Africa, are in

Anambra State. The state has a landmass of over 4120 sq. km.

Awka, the Anambra state capital is a fast growing area, which is mostly urban with some

rural communities. It has an estimated population of 301,657(2006 census). This is one of

the oldest settlements in Igboland established at the centre of the Nri civilization which

produced the earliest documented bronze works in Sub-Saharan Africa around 800 AD and

was the cradle of Igbo civilization.

Awka is divided into seven Igbo groups namely;

Ayom-na-Okpala (Umuayom, Umunnoke, Umuoramma and Umuokpu.),

Nkwelle (Achallaoji, Umunamoke, Agbana, Umudiaba),

Amachalla (Amachalla, Amudo, Umuzocha),

23


Ifite-Oka (Enu-Ifite, Ezinato-Ifite, Agbana-Ifite),

Amikwo (Umudiana, Okperi, Igweogige, Isiagu, Obunagu,)

Ezi-Oka (Omuko, Umueri, Umuogwal, Umuogbunu 1, Umuogbunu 2, Umudioka,

Umukwa), and;

Agulu (Umuogbu, Umubele, Umuanaga, Umuike, Umujagwo, Umuenechi,

Umuoruka).

Several factors have contributed to an accelerated growth rate and development in Awka and

environs. These factors include the economic development via industrialization (e.g. Juhel

Pharmaceuticals), proximity to Onitsha (the commercial centre of the State) and Education.

Awka hosts a number of tertiary institutions (Nnamdi Azikiwe University, Anambra State

University Igbariam campus, and some privately owned institutions). This to a large extent

determines population distribution in the area.

Amachalla, the immediate project community, is one of the 33 villages that make up Awka as a

whole.

Local Economy The primary engagement of the Amachalla people is agriculture and trading. The diverse

vegetation and soil types in the project state encourage the practice of a variety of

agricultural activities like crop farming, forestry, fishery and animal husbandry. Some of the

crops include maize, cassava, yam, palm produce and vegetables. Some few others are into

palm wine tapping, cottage industries and Artisanship. Commercial activities varying from

petty trading to distribution businesses in commodities and agricultural produce can be

found in all nooks and cranny in the project area.

Photo 3 Nkwo Amaenyi market

24


Photo 4 Major Market in Amachalla

Land Use/Tenure

While majority of the land use is for agricultural purposes others are for residential

settlement, market places and public reserve for future development uses.

A combination of traditional land ownership system and government ownership of

land is observed in the area. However, the Amachalla community practices the

traditional land ownership system.

Historic and Cultural Resources The survey has so far identified two historic and/or cultural resources in the area. This includes

the Imo Awka shrine and the mmili monki named after the mona moneys that inhabit the forests

within this area. The Rehabilitation of the Amachall Gully Erosion site will not affect the

cultural heritage of the Amachalla.

Photo 5 Imo-Awka Shrine

25


Photo 6 Section of the Imo Awka shrine

3.3.3 Health Assessment

Field observation showed that there are a good number of available healthcare centers.

(Primary, Secondary and Tertiary) within Awka. Visit to some of these healthcare facilities

and interviews were conducted during the scoping exercise. Observation showed that Malaria

is the prevalent disease in the project area.

3.4 Socio-Economic Baseline Conditions of Project Affected Persons (PAPs)

The socio-economic assessment studies were aimed at examining the socioeconomic

conditions of the PAPs. This will be relevant for measuring and monitoring the progress of

this RAP implementation.

3.4.1 Gender Distribution of PAPs

It was gathered from the field survey that majority of the PAPs (about 70%) are males while

females are 30%. This implies that vulnerability concerns will apply as there are a good

number of female PAPs. This implies that livelihood restoration measures should be

properly and thoroughly carried out in consulting with PAPs.

26


Gender

30%

70%

Male Female

Gender distribution of PAPs within the streets

25

20

15

10

5

0

Peter Onwuka St Eugene Nwude St Channel Ten St Total

Male Female Total

Figure 10 Gender distribution of PAPs within the street

3.4.2 Age Distribution of PAPs

As shown in figure below, PAPs are adults that range from 21 to above 60 years. The graph

shows that those between ages 41-50 years, 51-60 years and those above 61 years constitute

the dominant population of PAPs with a combined proportion of about 84%. The least age

group among PAPs belongs to those from 21-30 years.

27


Age Distribution of PAPs

7

6

5

4

3

2

1

0 Peter Onwuka Eugene Nwude Channel Ten Total

Age 21-30 years Age 31-40 years Age 41-50 years

Age 51-60 years Age 61-above Figure 11 Age Distributions of PAPs

3.4.4 Marital status of PAPs

PAPs are predominantly married people (about 85%). Singles and widows/widowers are the

other marital status that featured among the PAPs. The significance of this result is that

PAPs are majorly men and women who are the breadwinners and help mates in their

respective households.

Marital Status

5% 5% 5% 85%

Single Married Widow Widower

Figure 12 Marital Status of the PAPs



28

Most people or PAPs have some form of education (85%). The highest number of PAPs (30

%) Indicated that their highest level of academic qualification is WAEC/GCE, while about

15% percent of PAPs did not have any formal education. The implication of this section to

this RAP is that majority of PAPs have the minimum level of education that might help them

in making informed decision, or participate meaningfully in the resettlement plan

meetings that is to come.

25%

5% 15% 15%

10%

30%

No Education FSLC WASC/GCE TCH/OND HND/BSc MSc/PhD

Figure 13 Education qualification of the PAPs

3.4.5 Average household size of PAPs

The survey shows that most of the PAPs (45%) run large households (Above 7). 35% of the

PAPs have medium sized households while 20% have families of 2-4 members. This goes to

show that the level of dependent on the Head of Household will be much and there will be a

heavy burden on the family if involuntary displacement occurs.

Large(Above 7)

45%

Small(2-4) 20%

Medium (5-7)

35%

Figure 14 Average household size of PAPs

Small(2-4) Medium (5-7) Large(Above 7)



29

3.4.6 Income status of PAPs

Field survey shows that dominant income groups amongst PAPs lie between ₦1,100-

₦2,500 and ₦2,500 and above per day respectively.

The trend shows that about 95% of PAPs each belong to either of these two groups. The

survey also shows that about 5% fall within the income of ₦100- ₦500 per day while about

65% of PAPs earn about ₦2500 or more per day.

These statistics show that even though the PAPs may not have all had high level education

as earlier stated, they have been able to work themselves to income levels that when

annualized exceed the gross national income per capita of US$450 for Sub-Saharan Africa

(World Bank, 2004).

Average income of PAPs in the project area were measured at two levels; the overall average

which indicates an aggregation of middle and low level income earning PAPs and the low

income groups with lowest limit of N500 per day. The outcome is that on the overall

aggregation, PAPs mean income is ₦5184 or $32.4 per day (for middle and low income

combined) and ₦1600 or $10 per day for lower income group.

Based on the later statistic, PAPs in the project area earn on the average, about $2600 per

annum. This figure puts PAPs in the class of middle-income economy group according to

World Bank development indicators (2004).

Although these results imply that PAPs can maintain reasonably, good standard of living, it is

however, not inconceivable that impacts on their sources of livelihood may have adverse

impacts on their income sustenance and standard of living, especially with the low rate of

saving culture in the less developed countries.

PAPs Daily Income trend

5%

30%

65%

₦100-₦500 ₦600-₦1000 ₦1100-₦2400 ₦2500+

Figure 15 Daily Income trend of the PAPs



30

CHAPTER FOUR POLICY, LEGAL AND REGULATORY

FRAMEWORK

4.1 Introduction

A number of national and international environmental guidelines are applicable to the

operation of the NEWMAP. The following policy and regulatory frameworks guided the

preparation of this RAP.

4.2 The Resettlement Policy Framework (RPF) of the NEWMAP

The Resettlement Policy Framework (RPF) was prepared as a guide to set out the general

terms under which land acquisition/encroachment, and/or any form of involuntary

displacement of persons from the land or right of way of the project can take place, to

comply with the World Bank Operational Policy (OP 4.12 - Involuntary Resettlement).

The RPF specified that during implementation stage and following the identification of sub-

projects and sites for the developments, individual resettlement action plans should be

prepared that must be consistent with the provisions of the RPF. It also provided a generic

process for the preparation of resettlement plans.

The RPF specified that in addressing impacts, resettlement plans must include measures to

ensure that the displaced persons are:

Informed about their options and rights pertaining to resettlement;

Consulted on, offered choices among, and provided with technically and

economically feasible resettlement alternatives;

Provide prompt and effective compensation at full replacement cost for losses of

assets and access attributable to the project.

Enabled to restore and preferably improve their living standards compared to

the pre-project Condition

In the overall, a major objective of the RPF was to ensure that PAPs are meaningfully

consulted, participated in the planning process and are adequately compensated to the

extent that at least their pre-displacement incomes have been restored and in a fair and

transparent process.

The RPF specified that occupants who must be displaced will be moved at minimum

cost and at short distance as possible. It also states that occupants who must be moved



31

will be assisted physically by inclusion of preparatory site work in the works programme of

the contractor and/or by payments to move shops and items of livelihoods to alternative

locations. It also recommended the setting up of a dispute resolution mechanism that will

address complaints and grievances that may emanate from the resettlement or

compensation process.

The preparation of this RAP is consistent with the guidelines and recommendations

of the RPF of NEWMAP which is also found to be in agreement with the

guidelines of the World Bank OP 4.12.

4.3 Relevant Nigeria Acts and Legislations

4.3.1 Land Use Act of 1978 and Resettlement Procedures

The Land Use Act, Cap 202, 1990 Laws of the Federation of Nigeria is the applicable law

regarding ownership, transfer, acquisition and all such dealings on Land. The provisions of the

Act vest every Parcel of Land in every State of the Federation in the Executive Governor of

the State. He holds such parcel of land in trust for the people and government of the

State. The Act categorized the land in a state to urban and non-urban or local areas. The

administration of the urban land is vested in the Governor, while the latter is vested in the

Local Government Councils. At any rate, all lands irrespective of the category belongs to the

State while individuals only enjoy a right of occupancy as contained in the certificate of

occupancy, or where the grants are “deemed”.

Thus the Land Use Act is the key legislation that has direct relevance to resettlement and

compensation in Nigeria. Relevant Sections of these laws with respect to land ownership and

property rights, resettlement and compensation are summarized in this section.

The Governor administers the land for the common good and benefits of all Nigerians. The

law makes it lawful for the Governor to grant statutory rights of occupancy for all

purposes; grant easements appurtenant to statutory rights of occupancy and to demand rent.

The Statutory rights of Occupancy are for a definite time (the limit is 99 years) and may

be granted subject to the terms of any contract made between the state Governor and the

Holder.

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. But the limit of such grant is 500

hectares for agricultural purpose and 5,000 for grazing except with the consent of the

Governor. The local Government, under the Act is allowed to enter, use and occupy for

public purposes any land within its jurisdiction that does not fall within an area compulsorily

acquired by the Government of the Federation or of relevant State; or subject to any laws

relating to minerals or mineral oils.



32

4.3.1.1 Requirements of the Land Use Act

The State is required to establish an administrative system for the revocation of the rights of

occupancy, and payment of compensation for the affected parties. So, the Land Use Act

provides for the establishment of a Land Use and Allocation Committee in each State that

determines disputes as to compensation payable for improvements on the land. (Section 2

(2) (c).

In addition, each State is required to set up a Land Allocation Advisory Committee, to advise

the Local Government on matters related to the management of land. The holder or

occupier of such revoked land is to be entitled to the value of the unexhausted development

as at the date of revocation. (Section 6) (5). Where land subject to customary right of

Occupancy and used for agricultural purposes is revoked under the Land Use Act, the local

government can allocate alternative land for the same purpose (section 6) (6).

If local government refuses or neglects within a reasonable time to pay compensation to a

holder or occupier, the Governor may proceed to effect assessment under section 29 and

direct the Local Government to pay the amount of such compensation to the holder or

occupier. (Section 6) (7).

Where a right of occupancy is revoked on the ground either that the land is required by the

Local, State or Federal Government for public purpose or for the extraction of building

materials, the holder and the occupier shall be entitled to compensation for the value at the

date of revocation of their unexhausted improvements. Unexhausted improvement has been

defined by the Act as:

anything of any quality permanently attached to the land directly resulting from the expenditure of

capital or labour by any occupier or any person acting on his behalf, and increasing the productive

capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or

trees, fencing walls, roads and irrigation or reclamation works, but does not include the result of

ordinary cultivation other than growing produce.

Developed Land is also defined in the generous manner under Section 50(1) as follows:

land where there exists any physical improvement in the nature of road development services, water,

electricity, drainage, building, structure or such improvements that may enhance the value of the land

for industrial, agricultural or residential purposes.

It follows from the foregoing that compensation is not payable on vacant land on which

there exist no physical improvements resulting from the expenditure of capital or labour.

The compensation payable is the estimated value of the unexhausted improvements at the

date of revocation.

Payment of such compensation to the holder and the occupier as suggested by the Act is

confusing. Does it refer to holder in physical occupation of the land or two different persons



33

entitled to compensation perhaps in equal shares? The correct view appears to follow from

the general tenor of the Act. First, the presumption is more likely to be the owner of such

unexhausted improvements. Secondly, the provision of section 6(5) of the Act, which

makes compensation payable to the holder and the occupier according to their respective

interests, gives a pre-emptory directive as to who shall be entitled to what.

Again the Act provides in section 30 that where there arises any dispute as to the amount of

compensation calculated in accordance with the provisions of section 29, such dispute shall

be referred to the appropriate Land Use and Allocation Committee. It is clear from section

47 (2) of the Act that no further appeal will lie from the decision of such a committee. If this

is so, then the provision is not only retrospective but also conflicts with the fundamental

principle of natural justice, which requires that a person shall not be a judge in his own

cause. The Act must, in making this provision, have proceeded on the basis that the

committee is a distinct body quite different from the Governor or the Local Government. It is

submitted, however, that it will be difficult to persuade the public that this is so since the

members of the committee are all appointees of the Governor.

Where a right of occupancy is revoked for public purposes within the state of the

Federation; or on the ground of requirement of the land for the extraction of building

materials, the quantum of compensation shall be as follows:

In respect of the land, an amount equal to the rent, if any, paid by the occupier during the year in

which the right of occupancy was revoked.

in respect of the building, installation or improvements therein, for the amount of the replacement

cost of the building, installation or improvements to be assessed on the basis of prescribed method of

assessment as determined by the appropriate officer less any depreciation, together with interest at the

bank rate for delayed payment of compensation. With regards to reclamation works, the quantum

of compensation is such cost as may be substantiated by documentary evidence and proof to the

satisfaction of the appropriate officer.

in respect of crops on land, the quantum of compensation is an amount equal to the value as

prescribed and determined by the appropriate officer.

Where the right of occupancy revoked is in respect of a part of a larger portion of land,

compensation shall be computed in respect of the whole land for an amount equal in rent, if

any, paid by the occupier during the year in which the right of occupancy was revoked less a

proportionate amount calculated in relation to the area not affected by the revocation; and any

interest payable shall be assessed and computed in the like manner. Where there is any

building installation or improvement or crops on the portion revoked, the quantum of

compensation shall follow as outlined above and any interest payable shall be computed in

like manner.



34

4.4 State Legislations

The relevant state ministry is the State Ministry of Lands, Survey & Town Planning. Some of

the functions of the State Ministry include:

Anambra State Ministry of Lands, Survey and Town Planning

The ministry is given the task of taking up responsibility for all form of land policies within

the state. It gives advices to the government on land tenure issues, and also manages

government land and properties.

The Ministry of lands, urban and regional planning is also tasked with administrative rights

to land use decree, urban development, town planning, city and town rejuvenation.

4.5 International Guidelines

International Development Partners/Agencies such as World Bank and other financial

organizations interested in development projects recognize this highly especially in

development that result in involuntary resettlement. It is against this background that

policies and guidelines have been set for managing such issues.

The World Bank’s policy on involuntary resettlement will be applied in any sub-project of

the NEWMAP that displaces people from land or productive resources due to land take.

Where there is conflict between national legislation and World Bank Operational Policies,

the latter policies shall prevail.

4.5.1 The World Bank Policy on Involuntary Resettlement (OP. 4.12) and

The RAP for Amachalla

The Bank’s policy on Involuntary Resettlement advocates that where feasible, involuntary

resettlement should be avoided or minimized. Resettlement shall be conceived and executed as

a sustainable development program, where it is inevitable, providing sufficient investment

resources to enable persons displaced by the project share in project benefit.

Persons displaced shall be:

i. Duly consulted and should have opportunity to participate in the planning and

execution of the resettlement;

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

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

resettlement site;

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



35

For the nature of the Rehabilitation of the Gully site in Amachalla, which will also involve

some road constructions, the World Bank required the preparation of a Resettlement Action

Plan which will guide in the execution of a sustainable resettlement or compensation process

for all the PAPs.

4.5.2 Conclusion Drawn from the Review of World Bank Policies on Involuntary Resettlement

Review of the different policy guidelines of the World Bank (OP/BP 4.12) shows that

primarily, the World Bank agree that PAPs be compensated or assisted irrespective of legal

status of PAPs to the land/or place they occupy. The key concern articulated in this policy is to

ensure that PAPs are compensated or assisted including income restoration measures to

ensure that they are not economically worse off relative to pre-project period.

4.5.2.1 Comparison between Land Use Act and the World Bank’s Policy (OP4.12)

on Compensation

In this section a comparison is made between the World Bank policies (OP4.12) and the

Nigerian Land Use Act. Whereas the law relating to land administration in Nigeria is wide

and varied, entitlements for payment of compensation are essentially based on right of

ownership. The Bank’s OP4.12 is fundamentally different from this and states that affected

persons are entitled to some form of compensation whether or not they have legal title if

they occupy the land by an announced cut -off date.

The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that

compensation should be given to PAPs in the event of land acquisition and displacement of

persons prior to the commencement of works. Thus all land to be acquired by the government

for this project will be so acquired subject to the Laws of Nigeria and the Bank OP4.12.

In the event of divergence between the two, the World Bank safeguard policy shall take

precedence over Nigeria Land Use Act.

Table 4.0 Comparison of Nigerian Land Use Act and World Bank OP4.12 on compensation

CATEGORY NIGERIAN LAW OP 4.12 OF THE WORLD

BANK Land Owners: statutory rights

Land Owners: customary rights Land Tenants

Land Users

Cash compensation based upon Recommends land-for-land market value compensation, or cash

compensation at replacement cost. Cash compensation for land Equivalent value. If not, cash at

full improvements; compensation in replacement value, including kind with other village/district land transfer costs. Entitled to compensation based on Entitled to some form of the amount of rights they hold upon compensation subject to the legal land. recognition of their occupancy. Land users without title rights be it Entitled for compensation for



36

CATEGORY NIGERIAN LAW OP 4.12 OF THE WORLD BANK

Owners of Non-permanent

Buildings

Owners of permanent

Buildings

customary, C of O or R of O are not crops and entitled for land entitled to any form of replacement and income loss compensation or assistance compensation for minimal of

the pre- project level. Cash compensation based on Entitled to in-kind compensation prevailing market value or cash compensation at full

replacement cost including labour and relocation expenses, prior to displacement.

Cash compensation based on Entitled to in-kind compensation prevailing market value or cash compensation at full

replacement cost including labour and relocation expenses, prior to displacement.

This RAP will be aligned with the World Bank Operational Policies including Involuntary

Resettlement Policy which indicate best practices for rehabilitation of livelihoods of people

affected by the implementation of the project. This is so because they are involved in the

funding of the project and also because their respective policies most fulfill the pro-poor

objectives of the project, ensuring that the conditions of PAPs are preferably improved and at

least restored to pre-displacement levels as well as offers special considerations for vulnerable

and landless PAPs.



37

CHAPTER FIVE IDENTIFICATION OF PROJECT IMPACTS AND

PROJECT AFFECTED PERSONS

5.1 Approach to Impacts and PAPs Identification Chapter 1 of this report provides the methodology for impacts and PAPs identification,

which included census/inventory survey and consultation with the PAPs. Consultation with

the project community and PAPs was continuous and started during the preliminary visit in

May 2014.

The inventory taken showed that land acquisition will occur as a result of the project. This

involves one PAP whose building and part of the land falls within the road route. There are

no project impacts in the categories of loss of farm, economic tree, shrines/cultural

property, etc. However, there may be minor to major loss of properties as a result of

encroachment into the government approved ROW by members of the community

during construction of houses and fence.

Photo 7 Section of Onwubiko street (Channel 10)



38

Photo 8 A section of Eugene Nwude street

Photo 9 A section of Peter Onwuka St Photo 10 A Section of Onwubiko Street



39

5.2 Discussion of Project Impacts

The road and drainage construction which is a sub-project of the Amachalla Gully Erosion

Rehabilitation project will have a lot of beneficial impacts on the community. This will

include but not limited to termination/control of the gully erosion at Amachalla, provision

of good drainage and good access road network, improved sanitation, prevention of flooding

within the area, reduction of water borne and water related diseases, employment, etc.

In spite of these significant positive impacts, there are concerns for negative socio-economic

impacts to the PAPs and communities because project activities will cause loss of assets, loss

of income, physical displacement, restriction to access to source of livelihood and

involuntary displacement/relocation.

Loss of Land: There will be Loss of land as a result of the project. This involves a single

PAP.

Loss of Buildings or Structure: Due to encroachment and extension of roofs and

balconies, fences, sewage tanks and pavements on the ROW especially by people living along

Eugene Nwude Street, there is going to be significant adverse economic impacts on PAPs in

such conditions. This group of persons might lose their structures and income earned from

them. About 33 PAPs were identified in overall.

Loss of other Means of Livelihood (Shops): It was observed that some persons (3 PAPs)

who own shops within the project area might lose their major source of livelihood as these

structures may be removed during the civil works.

5.3 Impact Reduction Measures Undertaken

The f o l l o wi n g a r e t ech n ic a l steps taken in consultation and concurrence of Anambra

State NEWMAP PMU which have resulted in the reduction of adverse impacts of the

project:

Consulting/communicating with the people of the project area and PAPs in

particular on the day and time to expect civil work activities within their respective

points/ROW

Required ROW within the streets is restricted to 1.5 meter only.

The design of the road networks was such that will enable avoidance as much as

possible of structures while maintaining the sizes of drainages and road as it

described in the engineering design.

In spite of the outlined impact reduction measures above, mitigation measures have also

been clearly prepared in this document, which is in line with the World Bank policy (OP



40

4.12) on involuntary resettlement to ensure that those who must suffer economic impact are

restored to the pre-project state.

5.4 Inventory of Affected Assets/Structures in the Project Area

About 2 7 tructures will be negatively impacted due to the sub-project activities. Some of the

PAPs have more than one of their structures/ parts of structures impacted.

Table 5.0 Inventory of Impacts

S/N COORDINATES STREET/NUMBER

CATEGORY OF IMPACT

AFFECTED PARTS

(m2)

USE OF STRUCTURE

1 Permanent/Immoveable Fence Residential

2 Permanent/Immoveable Fence Residential

3 Permanent/Immoveable Fence and 6 bedroom with toilet and bathroom

Residential

4 Permanent/Immoveable Kiosk wall and roof

Business

5 Permanent/Immoveable Fence with 2 pillars

6 Permanent/Immoveable Roof and wall

Business

7 Permanent/Immoveable Part of building, roof and balcony with 3 pillars

Residential

8 Permanent/Immoveable Fence with 1 pillar Residential

9 Permanent/Immoveable Part of building with decking and 7 pillars

Residential

10 Permanent/Immoveable Septic tank Residential

11 Permanent/Immoveable Balcony, roof with pillars

Residential

12 Permanent/Immoveable Fence NA

13 Permanent/Immoveable Balcony Church

14 Permanent/Immoveable Fence and toilet

Residential

15 Permanent/Immoveable Septic tank and chamber

Residential



41

S/N COORDINATES STREET/NUMBER

CATEGORY OF IMPACT AFFECTED

PARTS (m2)

USE OF STRUCTURE

16 Permanent/Immoveable Septic tank and concrete slab

Residential


Residential

18 Permanent/Immoveable Part of building: toilet, bathroom, roof and 3 pillars

Residential

19 Permanent/Immoveable Part of the building

Poultry

21 Permanent/Immoveable Fence with 3 pillars and part of roof

Residential


Residential

23 Permanent/Immoveable Fence with 9 pillars and part of one room BQ

Residential

24 Permanent/Immoveable Part of 3 rooms building

Store room

25 Permanent/Immoveable Part of building, roof and decking

Business

26 Permanent/Immoveable Fence, security post and decking

Residential

27 Permanent/Immoveable Concrete slab extension

Residential

5.5 Census of Project Affected Persons (PAPs)

Census of PAPs was carried out based on the methodology described in Chapter 1. The

outcome shows that 33 persons will be potentially impacted/suffer socio-economic losses as a

result of sub-project activities. PAPs also include 6 vulnerable persons. The census register

for the RAP describes the names of PAPs, means of identification/contact and affected items.

5.6 Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs

Six (6) vulnerable persons were enumerated during the RAP census consist of female- headed

households, the severely poor proxies by household heads on less than $5 per day and the

elderly poor persons (above 60) with dependents. There was no vulnerable PAP in the category

of HIV-AIDS persons and child headed households. However 1 physically challenged person

(hard of hearing) was identified. No mentally disabled persons were identified as part of the



42

PAPs.

The objective of income restoration measures for the vulnerable persons is to ensure that they

are reasonably assisted to overcome potential economic shock from the project, and maintain

the quality of life not less than their pre-project state because; they are at higher risk than

others based on their vulnerability disadvantage.

The kind/cash assistance for vulnerable group and PAPs in general shall be administered by the

proponent (SMEnv) through the resettlement committee or through NGOs in consultation with

the PAPs. To ensure that income restoration measures are effective all the articulated

resettlement measures will be carried out prior to the project implementation.

The income restoration plan (skill acquisition, assistance) to vulnerable PAPs shall be funded

through the amount to be set aside for administration within the resettlement budget. This fund

will be set aside by the SMEnv through it counterpart responsibility to project’s due diligence

and shall preferably be operated/administered by the resettlement

committee/NGO to be appointed and supervised by the PMU during RAP

implementation.

5.7 Performance Indicators for Assessing Income Restoration

Performance indicators and monitoring are important in evaluating the progress and

effectiveness of the resettlement plan as well as the income restoration measures. It is the

responsibility of the monitoring and evaluation officer and/or the Safeguard Officer at the PMU

to design a schedule and budget for monitoring the implementation of the RAP which will

begin before project implementation and continue through the life cycle of the project. The

monitoring indicators, which provide the basics for requirement of RAP income

restoration progress is discussed in details in Chapter eleven and in annex 2.

Positive results or improvement over the baseline conditions will be indicative of track

record consistent with the objective of RAP while performances below the baseline conditions

indicate failure of the RAP from meeting the desired objectives. In this case, the safeguard

officer/monitoring officer is expected to report to PMU early and offer ways for

improvement/modification of the restoration measures.

For successful implementation of RAP, PAPs must be given prior orientation, perhaps during

the training and enlightenment workshop and must be informed that there will be periodic

monitoring of their activities.

5.8 The Valuation methodology

Valuation of assets to be affected by the implementation of the project 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 experience no net loss.

The asset valuation was conducted based on the current market prices in the project area.



43

For some materials, prices vary on the basis of quality, taste and product brand. Therefore, in

such cases the average market price plus 2% price flexibility adjustment was used for the

valuation. Below is the outcome of the market survey carried out in April 2014 in Awka,

Anambra State Nigeria. Table 5.1 Market survey

Category Materials Unit Amount

(Naira) Amount (Dollar)

Land (in Amachalla) NA 450sqm N2, 000, 000

12,500

Structures (balcony, Fence, Wall, Pavement)

Cement 1 bag N2000 12.50 Corrugated iron sheet

1 sqm N2500 15.63

Tiles Square meter

N 1500 9.37

Block - Cement 1 sqm N 2500 15.63 Wood/plan 1 N 400 2.50 Iron rod 1 N 2000 12.50

Truck Hire within the city

N 10,000 62.50

Labour cost: Mason, Carpenter, etc

1 artisan Per day

N 3,000 31.25

Currency exchange rate (April 2014): N160 : $1

Based on prevailing macroeconomic variables in Nigeria which is demonstrated by a relative

stable exchange rate between N160 and N164 to the Dollar in the last 12 months and the

drop in inflation rate (Figure 10) it can be predicted that the exchange rate used in this

valuation and the 2% inflation correction item (pegging inflation at not more than 12%)

assumption will be realistic over the next 12 to 15 months.



44

Average Inflation rate

11.6 11.5

13.9 10.8

12.1

9.1

2008 2009 2010 2011 2012 2013

2008 2009 2010 2011 2012 2013

Figure 16 Inflation Rate in Nigeria 2008-2013 (CBN)

5.8.1 Method of Valuation for compensation

The method of valuations has been communicated to and dialogued with the PAPs during

consultations as presented below:

5.8.1.1 Valuation Method for Land Property

In line with OP4.12 of the World Bank on involuntary resettlement as stated in the

entitlement matrix, land for land entitlement is prescribed. In so doing, it is also important to

take into cognizance the size of the land and location since these two variables are

determinants of value of land property. However, for this project, there will not be any land

acquisition involved.

5.8.1.2 Replacement Cost Method for Assets/Structures

The Replacement Cost Method, which is used in estimating the value of the

property/structure, is based on the assumption that the capital value of an existing

development can be equated to the cost of reinstating the development on the same plot at

the current labour, material and other incidental costs. The estimated value represents the

cost of the property as if new.

5.8.1.3 Disturbance and Other Incidental Contingencies

Affected business premises which will have to close shop or be relocated will be given

compensation for loss of business time/income and cash or in kind assistance to enable the



45

relocation of affected property.

5.8.1.4 Subsistence and Transport Allowances

It is provided as a poverty alleviation measure which this RAP seeks to address, that an

amount of N10, 000 be paid to all PAPs that will need to move their assets to a new location

within Awka. The amount represents market cost for hiring a truck for one trip to any part

of the project area. However, those eligible to this are already determined in the budget

based on verified likelihood of physical displacement.

Similarly, a subsistence amount of N30, 000 flat was provided for those that will suffer

loss of income, including the vulnerable persons. This amount was reached at based on the

average turnover/income of PAPs in the project area, and the consideration that an average

PAP household spends about N1500 on consumption per day. The estimated amount will

provide subsistence for 20 days within which economic shocks occasioned by displacement

and adjustment in the new environment would take.

5.9 Description of Eligibility Criteria for Defining Various Categories of

PAPs

Based on the World Bank’s OP4.12, the following three criteria are recognized:

a. Those w h o have formal rights to land (including customary,

traditional and religious rights recognized under the Federal and/or State

Laws of Nigeria).

b. Those who do not have formal legal rights to land at the time of the census

begins but have a claim to such land or assets provided that such claims are

recognized through a process identified in this resettlement plan

c. Those who have no recognizable legal right or claim to the land they are

occupying, using or getting their livelihood.

Those covered under ( a) and ( b) above according to the guiding policy are to be provided

compensation for the land they lose, and other assistances in accordance with the policy.

PAPs covered under (c) above are to be provided resettlement assistance in lieu of

compensation for the land they occupy and other assistance, as necessary to achieve the

objective of them not being economically worse off because of the development.

Although all PAPs irrespective of their legal rights or not, squatters or otherwise

encroaching on land are eligible for some kind of assistance under the policies of the WB,

such PAPs must be those captured in the census. In other words, persons that encroach on

land/ROW after the cut-off date will not be entitled to any form of assistance or

compensation.


46

5.9.1 PAPs Losing Permanent Structures-for Residential (immoveable

structures)

Structures and other assets including balconies, walls, fences, and pavements on the ROW of

project corridor are categorized as immoveable/permanent structures. Where demolition of

these structures cannot be avoided, census of PAPs has been taken for

resettlement/compensation.

PAPs under this category will be resettled or compensated for the value of the structure

to be displaced based on the prevailing market value of the structure in Awka.

Demolition/clearing of structures to secure the ROW will take place at least two weeks to

the period of implementation after PAPs would have been compensated.

5.9.2 PAPs Losing Permanent Structures-for Business (immoveable

structures)

PAPs covered in this category will be resettled or compensated for the value of the structure

to be displaced based on the prevailing market value of the structure in Awka. In addition,

PAPs will be compensated for loss of livelihood income due to loss of business income. For

PAPs relocating to alternative sites, they shall be provided with in kind/cash assistance.

Demolition/clearing of structures to secure the ROW will take place at least two weeks to

the period of implementation after PAPs would have been compensated.

5.10 Proof of Eligibility

The resettlement committee/NGO will consider the presentation of eligibility certificate as a

means of identifying eligible PAPs for entitlements. In case of lose or misplacement, other

forms of evidence as proof of eligibility will also be acceptable but limited to the following:

Identification based on phone number and name and passport supplied during the

census stage

PAPs are expected to produce their code number (GPS coordinates), which will be

sent to them via their Mobile phone lines.

PAPs with no phone numbers will be identified by their Township or community

leader so long as the name being used for claim is one recognized in the census

register.

5.11 Duration for Civil Works

Estimation of the duration for civil works/rehabilitation completion is six (6) months. PAPs

will not be disrupted in anyway by the project until resettlement program is implemented.



47

5.12 Cut-Off Date

The cut-off date for being eligible for compensation and/ or resettlement assistance is April

4th 2014 which i s t h e l a s t d a y d u r i n g w h i c h t h e s o c i o -economic s u r v e y w a s

completed. PAPs and project community were duly informed about the significance of the

cut-off date in the implementation of this RAP through the Local authorities.

5.13 Entitlement Matrix for the PAPs

The matrix shows specific and applicable categories of PAPs under this project and types of

losses as well as entitlement plan for PAPs. The Entitlement matrix therefore, is the basis

for compensation budget, resettlement and income restoration measures to be administered by

the proponent. The subsequent section further provides explanation of the entitlement matrix

under eligibility criteria for entitlements.

Table 5.2: Entitlement matrix table

Type of Loss Entitled Person Description of Entitlement

1. Permanent loss of land

1.1 Cultivable/residential

/commercial land

1.1 (a)Legal owners of land

(b)Occupancy/Hereditary

tenant

1.1 (a) Land for land compensation is preferred

priority, or Cash compensation at replacement

value based on market rate plus 10% compulsory

acquisition surcharge as second option

(b) & (c) Compensation will be paid as plus a one-

time lump sum grant for restoration of livelihood

and assistance for relocation. .

2. Damage to land (such as

abutting sub-project site)

2.1. By excavation etc. from

borrows for earth for

construction.

2.2 By severance of agricultural

holding

2.1. (a)Legal owner/s

(b) Village/s or clan/s with

customary ownership

2.2. (a)Legal owner/s

(b) Village/s or clan/s with

customary ownership

2. 1 (a) & (b) Restoration of land to pre-

construction condition or cash compensation at

prevailing rates for necessary bulldozer/ tractor

hours to restoring level and/or truckloads of earth

for fill

2.2 Provision of water course to connect severed

segment with source of water

3. Loss of income and

livelihood

3.1. Temporary loss of access to

land for cultivation

3.1.Cultivator occupying

land

3.1. Estimated net income for each lost cropping

season, based on land record averages of crops and

area planted in the previous four years

3.2. Loss of agricultural crops,

and fruit and wood trees.

3.3 Loss of income by

agricultural tenants because of

loss of land they were

cultivating

3.2. (a) Owner/s of crops

or trees. Includes crops

trees owned by

encroachers/squatters

(b) /tenant

3.3 Persons working on the

3.2. (a) Cash compensation for loss of agricultural

crops at current market value of mature crops,

based on average production.

Compensation for loss of fruit trees for average

fruit production years to be computed at current

market value.



48


affected lands

Compensation for loss of wood-trees at current

market value of wood (timber or firewood, as the

case may be).

3.2. (b) Partial compensation to tenants for loss of

their crops/trees as per due share or agreement

(verbal or written)

3.3 One-time lump sum grant to agricultural

tenants (permanent, short-term or long-term

agricultural labor (this will be in addition to their

shares in crop/tree compensation)

a) Tree/perennial crops: Harvesting of the crops

will be given a first priority but where harvesting is

not possible, counting of the affected crops will be

done in the presence of the owner. Computation of

the costs will be done according to market rates

b) Annual crops: Crops will be harvested by the

owner and therefore no compensation will be paid

for crops. Where crops cannot be harvested,

compensation at the market rate will be paid

4. Permanent loss of Structures

4.1 Residential and commercial

structures

4.1. (a)Owners of the

structures whether or not

the land on which the

structure stands is legally

occupied

(b) Renters

4.1. (a) Cash compensation for loss of built-up

structures at full replacement costs

Owners of affected structures will be allowed to

take/reuse their salvageable materials for

rebuilding/rehabilitation of structure.

In case of relocation, transfer allowance to cover

cost of Shifting (transport plus loading/unloading)

the effects and materials will be paid on actual cost

basis or on current market rates.

(b) One-time cash assistance equivalent to 4 months rent moving to alternate premise. Transfer allowance to cover cost of shifting

(transport plus loading/unloading) personal effects

paid on actual cost basis or on current market

rates.

4.2. Cultural, Religious, and community structures /facilities School, church, water channels, pathways, and other community structures/installations

4.2.

Community

4.2. Complete rehabilitation/restoration by the

Project; or, Cash compensation for restoring

affected cultural/community structures and

installations, to the recognized patron/custodian.

5. Special provision for vulnerable PAPs 5.1.Restablishing and/or enhancing livelihood

5.1 Women headed

households, disabled or

elderly persons and the

landless

5. Needs based special assistance to be provided

either in cash or in kind.



49


5.2 Change in Livelihood for women and other vulnerable PAPs that need to substitute their income because of adverse impact

5.2. (a) Vulnerable PAPs,

particularly Women

enrolled in a vocational

training facility

5.2. (b) owner/s whose

landholding has been

reduced to less than 5 acres

5.2 (a) &(b).Restoration of livelihood (vocational

training) and subsistence allowance @ agreed rate

per day for a total of 6 months while enrolled in a

vocational training facility

Unanticipated adverse impact

due to project intervention or

associated activity

The Project team will deal with any unanticipated consequences of the Project

during and after project implementation in the light and spirit of the principle of

the entitlement matrix.



50

CHAPTER SIX GRIEVANCE REDRESS MECHANISMS

6.0 Introduction

The likelihood of dispute is much reduced because the few affected persons due to the erosion

control project have been greatly 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 an complaints or grievances. The grievance procedure will further be made available

to the affected person through project implementation.,

From the start, it should be understood that formal legal mechanisms 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 mechanisms 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.

6.1 Grievance Redress Process

There is no ideal model or one-size-fits-all approach to grievance resolution. The best solutions

to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural

context, local customs, and project conditions and scale.

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.

6. 2 Grievance Redress Committee

The project will establish a Grievance Redress process. GRC will hear complaints and facilitate

solutions; and the process, as a whole, will promote dispute settlement through mediation to

reduce litigation. The main functions of GRC will be:



51

to provide support to PAPs on problems arising out of eligibility for RAP-provided entitlements and assistance provided;

to record the grievances of the PAPs, and categorize, prioritize and resolve them within one month;

to inform SPMU of serious cases within one week; and

to report to the aggrieved parties about the developments regarding their grievances and decisions of the SPMU, within one month.

The committee will suggest corrective measures at the field level itself and fix responsibilities for

implementation of its decisions. In terms of implementation, all efforts will be made to first

resolve the issue faced by PAPs at the field level.

After due interaction with the PAPs and relevant stakeholders the following persons have been

suggested as those to constitute the GRC: Community head –as Chairman of the Committee, Site

Committee member, PAPs Representative, local government, elected representative of the community at the LG,

Affected local government Land officer and SPMU

As the first point of call for resolving grievances, a compliant desk to collate petitions,

complaints, etc from aggrieved parties should be opened at the Local Government Secretariat

manned by the Desk officer on the project. He refers all the issues to SPMU who ensures

appropriate channel of resolution of such grievances are reached with a view to resolving the

issues.

Aggrieved parties have the options of reporting directly to SPMU via Telephone calls, SMS and

e-mails for action.

As the first order of call in resolving grievances, the Site Committee members will deal with any

grievance that comes up. This will ensure equal treatment across cases and elimination of

nuisance claims and satisfy legitimate claimants at low cost.

If this fails, the Community head will intervene in resolving the grievances.

Should this fail, the Local Government Desk Officer, who liaises with the Site committee

members and the Grievance Committee as well as the SPMU will try and resolve the grievance.

If this fails, the local government Chairman will step in.

If this fails as well, the Social Safeguard Specialist of the SPMU who will liaise with the

Resettlement Implementation Committee will deal with the issues of grievance.

If this fails aggrieved party will have the option of resolving the issues with the Project

Coordinator of SPMU. If the Project Coordinator is not able to resolve it then the Resettlement

Advisory Committee resolves it. If this is not sufficient the Honourable Commissioner of

Environment will try to resolve the issue that is contentious.

The judicial system will be the last resort to redress the issues if informal conciliation does not

resolve the matter. This, admittedly, is a costly and time-consuming procedure. Nevertheless,

affected persons will be exempted from administrative and legal fees incurred pursuant to this

grievance redress procedure.



52

6.2.1 Expectation When Grievances Arise

When local people present a grievance, they expect to be heard and taken seriously. Therefore,

the SPMU 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 following is or are 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 remedies

6.3 Management of Reported Grievances

The procedure for managing grievances should be as follows:

a. The affected person file 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 SPMU). 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

details.

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



53

Figure 6.1 Flow Chart for Grievance Redress Steps

6.4 Grievance Log and Response Time

The 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 the person affected by

the project will file a Grievance Form with the Grievance Redress Committee. The Form/Log

(Table 9) 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

Registration of grievance with the

Grievance Redress Committee

Treatment of grievance

Closure of grievance by

Committee

Is complainant satisfied with

Committee decisionYes No

Closure of grievance by

CommitteeResort to grievance

Grievance processing by

Committee

Response of the Committee

Is complainant satisfied

with decision

PCU or Court

Closure of complaint

Yes



54

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. 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 SPMU, which

should act on the grievance within 15 working days of its filing.

Table 6.1: A Typical Reporting Format for Grievance Redress

Community

project &

Name of

Complainant

Type of Grievance Grievance Resolution

Aff

ecte

d, but

no

t in

form

ed

abo

ut

imp

acts

and

op

tio

ns

Co

mp

ensa

tio

n

awar

ded

is

inad

equat

e

Co

mp

ensa

tio

n

no

t p

aid

bef

ore

ass

ets

acquis

itio

n

Res

ettl

emen

t

ben

efit

s

awar

ded

are

no

t p

rovid

ed

oth

er

Dat

e o

f

com

pla

int

Dat

e re

ceiv

ed

Pen

din

g

Cas

e re

ferr

ed

to t

he

Co

urt

Community Project 1

Complainant A

Complainant B

Complainant C

Community Project 2

Complainant D

Complainant E

TOTAL

6.5 Monitoring Complaints

The 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.



55

CHAPTER SEVEN STAKEHOLDERS CONSULTATION

7.1 Introduction

This chapter is presented in 2 sections. Section A provides a matrix table summary of major

concerns and remarks raised during the stakeholder consultation. Section B provides a

summary of the major stakeholder consultation held at the Nkwo-amaenyi Market Square on

3rd of April, 2014.

7.1.1 Section A

Table 7.0 Summary of Stakeholders Comments and Remarks

Date 29st January Name of Stakeholder Site Committee/Elders: W. I Nnatu, Emmanuel Muogo, Florence

Anagbogu, John Okafor, Chukwudi dilibe, Christopher Nnake, John nwojo, Anayo Anochie, Anthony Ngene, Onuoha Chukwujekwu, + PAPs (See List in annex 1)

Language of Communication English and Igbo Introduction A brief introduction on the project was made, stating the project objectives

and its area of coverage. Stakeholders were provided information on the efforts and plan by the government and World Bank in solving the erosion problems within the state.

Response of Stakeholders about the project

The stakeholders appreciated and welcomed the initiative and informed that the project will help in creating better access road for the community. They were interested in knowing how soon this project will be implemented.

Concerns/ Complaints/ Questions

The stakeholders stated that the Government should ensure that the project is realized and not just end in paper work and hear say.

They also asked how the government intend to take care of the physical structures that will be affected.

What consideration is given to the physically challenged people in the project design; is it with preferences or not?

Will the displaced people be compensated?



56

Feedback to the Stakeholders Appeal to stakeholders to accept the project for growth and development and accommodate the impact of the project.

They were also assured that there concerns and comments are dully noted and will be included in the Resettlement plan

Physically challenged people will be given due consideration in the planning and implementation.

During the baseline survey, it was noted that in most cases only minor structures may be destroyed and according to best practices, all assets owners directly affected will be compensated.

Remarks/Recommendation Generally stakeholders appreciate the development. The NEWMAP PMU will need to implement continuous social awareness programs prior to, during and after project implementation.



57

7.1.2 Section B

7.1.2.1 Major Public Consultation Exercise

7.1.2.1.1 Background and Objectives

The public consultation for the Resettlement action Plan (RAP) for the Rehabilitation

of Amachalla Gully Erosion site was conducted on the 3rd of April, 2014, following

notification passed on to the Project Affected Persons, Site Committee members, Community

Liaison Officer, Amachalla Township Secretary and other stakeholders through the Anambra

State NEWMAP Social safeguards officer.

The public consultation meeting was held at the Nkwo Amaeni Market square. The

consultation was conducted to ensure the effective participation and awareness of the

Project Affected Person’s (PAPs) and to document comments, suggestions and concerns

raised with regards to the project and its sub-activities.

Public consultation was used amongst other things to identify the population affected by the

project. It also served the purpose of creating an enabling environment for input and

feedback mechanism among the stakeholders. The principle outcome of the public

consultation process was:

The identification of PAPs

Identification of concerns of the affected persons and community

Communication of project objective to the concerned communities, and

Identification of indicators for measuring performance of the RAP

implementation based on the socio-economic peculiarities of the affected project

communities.

7.1.2.1.2 Objectives of the Public Consultation

To create general public awareness and understanding of the project, and ensure its

acceptance;

To develop and maintain avenues of communication between the project proponent,

stakeholders and PAPs in order to ensure that their views and concerns are

incorporated into project design and implementation with the objectives of reducing,

mitigating or offsetting negative impacts and enhancing benefits from the project;

To inform and discuss about the nature and scale of adverse impacts and to identify

and prioritize the mitigation measures for the impacts in a more transparent and

direct manner;



58

To document the concerns raised by stakeholders and PAPs so that their views and

proposals are mainstreamed to formulate mitigation and benefit enhancement

measures; and

To sensitize other MDAs, local authorities, Non-governmental Organizations

(NGOs) and Community Based Organizations (CBOs) about the project and solicit

their views and discuss their share of responsibility for the smooth functioning of the

overall project operations.

7.1.2.2 Stakeholders Identification

The Client and Consultant worked together to identify the key stakeholders that should be

consulted at various stages of project implementation. This process was completed with the

identification of project-affected areas, residents and relevant governmental stakeholders.

The identified stakeholders for consultations were selected as follows:

1. Federal and State Government Organizations: This level of stakeholders

constituted staff and representatives from the NEWMAP, , MDAs, LGAs, agencies,

Nigerian Police Force, Nigeria Security and Civil Defence Corps (NSCDC)

management boards etc

2. Civil Groups/Non-governmental Organizations: This level comprised NGOs,

community development commissions (CDCs), civil society groups etc.

3. Private Organizations: This cadre comprised of private establishments (e.g.

Limited Liability Companies, corporations etc).

4. Communities, Residents and Businesses: This cadre comprised mainly of local

residents, small and medium business owners likely to be directly impacted especially

during civil works (such as reclaiming the ROW).

7.1.2.3 Consultation Method

A combination of various consultation methods were used to assess knowledge, perception

and attitude of the groups consulted concerning the project, and its potential environmental

and social impacts.

The following were taken into full account:

That, there will be foreseeable environmental and social impacts, especially on both

the people and structures on the “Right of Way” of the road and drainage

construction sub-project.

That the project aims at impacting more positively to the environment and social conditions, and will devise suitable, practicable mitigation measures through an ESMP to reduce or eliminate negative impacts.

That positive impact of sub-project activities will be enhanced.



59

The priority concerns raised by project-affected persons (PAPs) and other relevant

stakeholders are taken into account and incorporated in project planning.

7.1.2.4 Major Points of the Consultation

Key agenda points included:

1. Introduction of Stakeholders

2. Opening Remarks

3. Overview of the RAP and Public Consultation by Consultant

4. Questions, Comments and Remarks by other stakeholders

5. Closing Remarks

Photo 11 Consultants with PAPs Photo 12 Census Registration of PAPs

Photo 13 Consultants during Consultation with PAPs Photo 14 One of the PAPs filling Socioeconomic Survey tool


60

CHAPTER EIGHT BUDGET AND FINANCING PLAN

8.1 Budget For Resettlement Activities Related With The Rehabilitation

Project

Since the State Ministry of Environment (SMEnv) of Anambra are the ones impacting livelihoods, it

will be their responsibility to fund the RAP budget. 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 PMU, but the budget will however be

subject to the finalization of disclosure and clearance/approval by the World Bank before

disbursement or implementation can commence.

The SMEnv being responsible for funding the compensation entitlement, final approval for

payments above the limit for the Project Coordinator must be approved by the Chief Accounting

Officer of the Ministry (Commissioner).

8.2 Summary of Compensation and Resettlement Budget for PAPs

Table 8.0 Components of Compensation budget

DESCRIPTION TOTAL

1. Land Resettlement N2,025,000

2. RAP Compensation/Assistance Budget for 33 PAPs (determined) N5,707,635.80

Sub-Total: Resettlement and Compensation N7,732,635.80

3. Assistance to Vulnerable Groups, Capacity Building and Training for RAP Implementation N4,527,819

4. Operating cost including income restoration measures and Monitoring of RAP Implementation (10 % of RAP compensation Budget)

N773,263.26

5. Cost of engagement of consultant/NGOs for compensation payment N1,215,000

TOTAL N14,248,718.06

The total budget for administering/implementing the RAP for the Civil Works for Rehabilitation of

Amachalla Gully Erosion project is Fourteen Million, Two Hundred and Forty Eight

Thousand, Seven Hundred and Eighteen Naira, Six Kobo (N14, 248, 718.06).

8.3 Procedure for Delivering of Entitlements

8.3.1 Engagement of Consultant (NGO)

The SMEnv shall engage the services of a Consultant (in this case an NGO) for preparation and


61

management of entitlement to the PAPs. The Consultant will be responsible for facilitating the

RAP compensation process described below.

8.4 RAP Compensation Process

The compensation process will involve several steps in accordance with this resettlement and

compensation plan and shall include the following:

Public participation: Public participation with the PAPs which had been part of the

process of this RAP would continue even at the RAP implementation phase. Using the

entire identified medium, PAPs would be contacted, consulted and made to participate in

enlightenment workshop in which alternatives for income restoration and compensation will

be discussed and agreed. During this meeting, eligible PAPs without clearance certificate for

entitlement will be issued with certificates. This assignment will be facilitated by the

Consultant that will oversee the RAP compensation

The Consultant shall identify and work closely with Township liaison, CDCs

, etc. within the project area to ensure that PAPs are all contacted/consulted, and necessary

dossiers are documented from PAPs

Type of choice (cash and/or in-kind) made by PAPs shall be documented. This shall be

done by issuing PAPs with an order form to be completed and signed by PAPs. PAPs who

cannot read or write will be assisted to do so

PAPs will specify clearly within the provision in the order form their transfer instruction

(for those receiving cash), stating their Bank Account Name, Name of Bank, Account

Number and Sort Code.

Non-Bank Account holders shall be assisted to open bank accounts. This is important due

to;

Government of Nigeria is moving towards a cashless economy which may pose difficult

for PAPs receiving their entitlements.

Operating a bank account will be a plausible option to manage PAPs income restoration

program

Carrying cash to the house by PAPs poses a security treat to PAP and may also lead to

increase poverty scenario of PAPs

Notification - Dates of various activities for the resettlement program will be

communicated to PAPs for inclusive participation.

62


8.5 Compensation Payment Administration

The resettlement budget details prepared in this RAP shall be the guide for the Consultant to be

engaged for RAP payment. After the processes elaborated above has been exhausted, the consultant

will prepare the payment documentation stating the Name of PAP, address, Phone number, Bank

account details and amount entitled. The submission will be made to the Project Coordinator at

The PMU.

The Project Coordinator will verify the submission by the consultant using the RAP Budget

document as a reference. If there are errors, omissions or ambiguities, the attention of the

Consultant will be drawn for reconciliation. When fully verified, the payment mandate/report shall

be sent to the Commissioner for approval of fund and payment.

The Commissioner/chief accounting officer shall approve the payment and minute to the Project

Coordinator at the PMU who shall ensure that the payments are carried out by the

accountant/finance officer to the various PAPs banks

8.6 Resettlement Implementation Linkage to Civil Works

Before any project activity is implemented, PAPs will need to be compensated/resettled in

accordance with the entitlement matrix/budget plan established in this RAP. Alternative structures

and relocation sites where applicable should have been prepared and witnessed by State Ministry of

Environment and the community leaders/CDCs. PAPs that would not need to relocate, especially

those that their Fence/balcony/ relaxation outdoors will be impacted must be informed/given the

civil work schedule which at least provides a two weeks prior notice to PAPs before actual civil

works in the area or site. Resettlement monitoring of income restoration measures shall however be

continuous throughout the project cycle together with other project activity implementations.

63



CHAPTER NINE INSTITUTIONAL MATRIX

9.0 Introduction

NEWMAP involves many Federal and State Ministries, Departments and Agencies (MDAs), as well as

local governments and communities. As such it requires cross-ministerial and cross-state coordination,

collaboration, learning and teamwork in a highly-systematic manner, with clearly defined roles and

responsibilities.

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

9.1 Organizational Arrangement - Roles and Responsibilities

The implementation of the RAP shall require close collaboration among all the stakeholders. A properly

constituted structure for administration of its implementation is imperative and agreement must be

reached from the onset with the relevant parties. 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 Management Unit (SPMU)

The SPMU, 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 RAPs and other safeguard instruments.

Drives activities of procurement, capacity building, service-provider mobilization, and monitoring and coordinating the many participating MDAs at State and Local Government levels.

Study in detail the RAP, and based on the review of the RAP prepare a detailed action plan and time table for the day to day RAP implementation;

Organize the necessary training and capacity building measures for the unit itself and for other partner organizations and committees;

• Establish all local level institutions and committees which will participate in the implementation

of the RAP and provide them with the necessary training and capacity building measures;

• Coordinates and undertake compensation activities in accordance with the principles and

procedures specified in the RAP

• Implement the income restoration and social development programs and project in accordance

with the principles and procedures specified in the RAP;

• Ensure the systematic undertaking of monitoring, review and evaluation of the RAP in

accordance with the framework and guidelines provided in the RAP and store the data and

information collected in a data base;

64



Based on the findings of the monitoring and review take corrective actions and submit monitoring and review reports to the relevant higher bodies for timely corrective measure.

Facilitate the discussion between PAPs and communities regarding compensation for land acquired for the projects;

Implement the RAP including their involvement to redress complaints and internal monitoring.

Cooperate through a Steering Committee that provides guidance to the technical aspects of all project activities;

Maintain and manage all funds effectively and efficiently for the projects

Organize the necessary orientation and training for SPMU officials so that they can carry out consultations with communities, support communities in carrying out RAPs and implement the payment of compensation and other measures (relocation and rehabilitation entitlement) to PAPs in a timely manner;

Ensure that progress reports are submitted to the World Bank regularly

2 SPMU 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 SPMU on implementation of the RAP

Coordinate on behalf of SPMU day to day activities with the relevant line departments and oversee the implementation of RAP instrument, prepare compliance reports with statutory requirements, etc.

Monitor and supervise regularly the implementation of RAP

Observe payment of Compensation to PAPs.

Identify and liaise with all relevant Stakeholders pre and post Project implementation.

Sensitization of and Consultations with relevant Stakeholders during and after (where necessary) Project Implementation.

Charged with the responsibility of safeguard requirements and ensuring the sustainability of project.

3 Monitoring & Evaluation Officer/Consultant

Develop the monitoring and evaluation protocol

Conduct monitoring of RAP implementation activities.

Provide early alert to redress any potential problems.

Monitor target achievements and slippages.

4 State Steering Committees (SSCs)

Apex decision-making bodies for the operation in the State.

5 State Technical Committees (STCs)

Reviewing and updating the Joint Annual Work Program for State NEWMAP activities (each activity identifies a lead MDA as provided for in the work plan).

Developing inter-sectoral MOUs if needed.

65



6 NEWMAP Technical Officer

Acts as a link between the SPMU and the LGA;

sits at the LGA where the site intervention is taking place.

7 STATE PMU ENGINEER

Provide technical support

8 Individual MDAs (State and Federal Levels)

participate deeply in the annual joint work programming process facilitated by the Federal/State PMU.

9 Resettlement Implementation Committee (RIC)

Carry out meeting with each PAPs.

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 SPMU for appropriate response and management

All members of RIC must be people who are knowledgeable in the use of local mechanism to settle

grievances and who can ensure equity across cases and also be in position to know and eliminate

nuisance claims and satisfy legitimate claimants at low cost

To ensure a broad representation with the intent of minimizing any conflict, it is recommended that a

Resettlement Implementation Committee (RIC) be set up and members be drawn from amongst the

following:

Affected Local government Chairman as Chairman

Physical Planning /land officer and forester

Representative of affected Communities,

PAPs represented by local trade /Union leaders

Coordinated by the Safeguard Unit of SPMU.

Rep of the Site Committees

10 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

66



11 Federal Steering Committee

Direct the FPMU in overall project coordination, alignment of project content and approach, and oversight of activities taking place across participating State.

12 Federal Ministry of Environment (FME) is the lead coordinating agency

Lead coordinating agency and hosts the Federal Project Management Unit (FPMU). FPMU

13 Ministry of Lands, Survey, Physical Planning & rural Development

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

14 Local Government

Coordinates activities at local level during the preparation and implementation of RAPs such as activities for determining the cut-off date and for actually implementing the resettlement, and for handling any grievances and complaints.

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

Participate in resolving grievances ;

Monitor implementation of projects and activities of Operational Officers;

Liaises with State PMU

Convenes and helps mobilise affected communities within and across targeted sub-catchments

Oversees community facilitators

O&M oversight of works

SPMU Participates in site-committees

15 Community Liaison and Support Professional

A liaison between the watershed community/communities and the SPMU in close contact with

community members on a frequent and continuous basis,

Assist in the formulation of community plans for livelihoods.

Community sensitization and social mobilization.

Assisting 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.

67



16 Technical Officer in Local Government Areas

Act as liaison to SPMU, MDAs and other organisations working with communities.

Provide senior technical skill-set and advisory services to communities and LGAs.

Convene affected and directly participating communities (liaising with neighbouring LGAs as needed).

Closely interact with community stakeholders and the community facilitators.

Support site monitoring.

17 Site Committees/ Community associations (CA) sub-grants (Local and community actors)

site oversight.

Identifies erosion 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.

18 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.

19 Grievance Redress Committee

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 SPMU about any serious cases.

Report to the aggrieved parties about the decisions regarding them.

20 Contractors

Comply with relevant contract clauses on resettlement issues

Establish good community relations;

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;

21 Traditional authority

Support in the identification of the right PAPs

68



Assist in resolving grievances of PAPs

Ensures that social values are not interfered with.

22 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 and

Submit concerns through the right grievance redress channel

23 CSOs/CBOs/Trade Unions

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

24 Witness NGO

An 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 SPMU commitments. A Terms of Reference for the NGO is outlined in Appendix 8.1.

25. 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 project construction.

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

69



CHAPTER TEN TIMETABLE OF EVENTS COORDINATED WITH THE

CONSTRUCTION PROJECT

10.1 Timetable for the Resettlement Action Plan

The RAP has to be completed and PAPs adequately compensated before operation in the designated

ROW of the project.

The timeline is only indicative since the external factors not envisaged at this period such as delay in

reviewing and addressing comments and other administrative and operational matters may cause a

delay in the project time line.

Table 10.0 Timetable for completion of the RAP

S/N Activities Completion Time

September, 2014 December, 2014 January, 2015 February, 2015

1 Submission of Draft RAP Report

2

Field Verification and comments

3 Update of comments

4 Submission of final RAP Document

5

Advertisement in two Local Newspaper in the Country

6

Posted in the World Bank Info Shop

7 Commencement of RAP

8 Completion of RAP Implementation

9

Commencement of Civil work

10.2 Training and Capacity Needs

Based on the assessment of the institutional capacities of the SMEnv in the understanding and

implementation of RAP, it is recommended that they Contract technical assistance to provide

training and operational support to the project implementation unit (PMU) and other agencies

involved in the RAP implementation.

It is necessary that the PMU and the Dispute resolution committee be educated on the modus

operandi of involuntary resettlement and how to manage grievance cases and also for PAPs to

understand optimal measures for livelihood restoration and the opportunities to possibly take

advantage of.

70



Table 10.1 Training schedule

Item Module Course Content Who to Train Estimated Amount

2 Days Training

Involuntary

Resettlement and

Rehabilitation Protocol

Principles of Resettlement Action Plan Monitoring & Evaluation of RAP/RAP Implementation

PMU, DRC and CDC

N1,046,520

Grievance Redress

Mechanism Conflict Management and Resolution in RAP

PMU, DRC and CDC

N1,370,520

Basics of

Livelihood

Restoration

Cash Management and Monitoring Book keeping and Record Management

Investment Decision making

All the PAPs N2,110,839

TOTAL: N4,527,819

71



CHAPTER ELEVEN MONITORING AND EVALUATION

11.1 Overview

Monitoring and Evaluation are integral components of the programme/project management cycle

used at all stages of the cycle, monitoring and evaluation can help to strengthen project design,

enrich quality of interventions, improve decision-making, and enhance learning.

The key objectives of monitoring the RAP implementation would be as follows;

Transparency and accountability in terms of use of project resources

Providing constant feedback on the extent to which the RAP implementation are

achieving their goals

Identifying potential problems at an early stage and proposing possible solutions

Providing guidelines for the planning of future projects and,

Improving project design There will be two levels of monitoring; namely internal monitoring and external monitoring. Under

internal monitoring the Anambra State Ministry of Environment will hire a monitoring and

evaluation officer to work in the PMU while an external monitoring and evaluation officer will be

engaged periodically by SMEnv.

11.2 Internal Monitoring

The internal monitoring and evaluation officer will report to the Project Coordinator at the PMU.

Implementation of the RAP will be regularly supervised and monitored by the Monitoring and

Evaluation/ Social Officer in coordination with staff of the NEWMAP- PMU.

The findings will be recorded in quarterly reports to be furnished to the NEWMAP- PMU, and the

World Bank. Lessons learnt during implementation will be documented and disseminated so that gaps

identified can serve as valuable information for subsequent projects.

11.3 Tasks of the Monitoring and Evaluation Officer

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 has been carried out in accordance with the provisions of

this policy framework and the respective inventory and RAP.

Oversee that the RAPs are implemented as designed and approved.

72



Verify that funds for implementing the RAPs are provided to the respective local level

(district) in a timely manner in amounts sufficient for their purposes and that such funds are

used by the SMEnv in accordance with the provisions of the RAP.

Ensure the identification and signature/thumb print of PAPs before and during receipt of

compensation entitlements.

Record all grievances and their resolution and ensure that complaints are dealt with in a timely

manner.

11.4 Independent Monitoring

An independent agency will be retained by the SMEnv to periodically carry out external

monitoring and evaluation of the implementation of the RAP. The independent agency will be either

an academic or research institutions, non- governmental organizations (NGO) or an independent

consulting firm. They should have qualified and experienced staff and their terms of reference

acceptable to the funding partners

In addition to verifying the information furnished in the internal supervision and monitoring

reports, the independent monitoring agency will visit a sample of 10% of the Project affected

Population in the project area, six months after the RAP has been implemented to:

Determine whether the procedures for PAPs participation and delivery of compensation and

other rehabilitation entitlements have been done in accordance with the Policy Framework and

the respective RAP.

Assess if the RAP objective or enhancement or at least restoration of living standards

and income levels of PAPs have been met.

Gather qualitative indications of the social and economic impact of project

implementation on the PAPs.

Suggest modification in the implementation procedures of the RAP, as the case may be, to

achieve the principles and objectives of this policy framework.

The terms of reference for this task and selection of qualified agency will be prepared by the

NEWMAP-PMU in collaboration with the World Bank at the beginning of project

implementation stage.

11.5 Monitoring Indicators

They include:

Delivery and usage of compensation and resettlement entitlements;

Allocation of replacement land and residential plots, where applicable;

Reconstruction of new houses and other infrastructure, where applicable;

73



Compensation measures applied to compensate for damage during construction activities;

Reported grievances and action taken;

Problems encountered and action taken;

General issues related to the success of compensation and resettlement measures.

Implementation progress;

Compensation and resettlement policies;

Delivery of entitlements, including replacement land where applicable;

Changes in livelihoods and incomes among PAPs; and,

Consultation with and participation of PAPs and other Stakeholders.

11.6 Implementation Schedule

Table 11 summarizes the implementation schedule of the Resettlement Action Plan by phase, responsibilities and completion time for the construction and rehabilitation project.

Table 11.0 Summary of Responsibility for Implementation of Resettlement Action Plan

PROJECT CYCLE PHASE ACTIVITIES RESPONSIBILITIES PLANNING

Scoping and

Screening

Initial site visit & consultations. Identification of Resettlement and Social issues Application of safeguard policies Categorization Action plan Screening Report WB No-Objection

RAP Consultant; Supervision by the Social Safeguards officer, Anambra State NEWMAP PMU

DESIGN Preparation of

RAP and consultations

Draft RAP Consultations WB No-Objection

RAP Consultant; Supervision by Anambra Sate NEWMAP PMU. World Bank

Disclosure Disclosure o f R A P locally to WB Info Shop.

World Bank

Finalization and Incorporation

Final version of RAP RAP into contract documents WB No-Objection

RAP Consultant World Bank

EXECUTION Implementation and monitoring

Implementation Monitoring & reporting on environmental and social mitigation measures Monitoring and reporting

of Resettlement and livelihood issues

Anambra State NEWMAP PMU, Environmental and Social Safeguard Officers

OPERATIONS (POST-

IMPLEMENTA TION)

Operations and maintenance

Maintenance Monitoring and reporting of Resettlement and social livelihood issues

Anambra State NEWMAP PMU

74



References

Environmental and Social Management Framework for the Nigeria Erosion and Watershed

Management Project

Environment and Social Management Plan for the Rehabilitation of the Amachalla

GullyErosion Site

Resettlement Policy Framework for Nigeria Erosion and Watershed Management Project

Project Appraisal Document for Nigeria Erosion and Watershed Management Project

Project Implementation Manual for Nigeria Erosion and Watershed Management Project

75



Annexes


76

Annex 1 Census Registration for PAPs S/N

COORDINATES DESCRIPTION

USE OF STRUCTURE

STREET /NUMBER

OWNER

SEX

PHONE NUMBER

AFFECTED

PARTS (m2)

1 M Fence Residential

2 M Fence Residential

3 M Fence and 6 bedroom with toilet and bathroom

Residential

4 M Kiosk wall and roof

Business

5 M Fence with 2 pillars

Resudential

6 M Roof and wall Business

7 M

Part of building, roof and balcony with 3 pillars

Residential

8 M Fence with 1 pillar

Residential

9 M Part of building with decking and 7 pillars

Residential

10 M

Septic tank Residential

11 M Balcony, roof with pillars

Residential

13 M

Balcony Church


77

S/N

COORDINATES DESCRIPTION

USE OF STRUCTURE

STREET /NUMBER

OWNER

SEX

PHONE NUMBER

AFFECTED

PARTS (m2)

14 M Fence and toilet Residential

15 F Septic tank and chamber

Residential

16 F Septic tank and concrete slab

Residential


Residential

18 M Part of building: toilet, bathroom, roof and 3 pillars

Residential

19 M Part of the building

Poultry

21 F Fence with 3 pillars and part of roof

Residential


Residential

23 M Fence with 9 pillars and part of one room BQ

Residential

24 M Part of 3 rooms building

Parking store

25 M Part of building, roof and decking

Business

26 M Fence, security post and decking

Residential

27 F Concrete slab extension

Residential


78

STREET /NUMBER

TENANT

SEX

PHONE NUMBER

AFFECTED PARTS

(m2)

USE OF STRUCTURE

1 M House Residential

2 M House Residential

3 f Shop Business

4 M Shop Business 5 M Room Residence 6 M House Residence

79


Annex 2: Monitoring Indicator for the Performance of RAP Income Restoration

NAME OF MONITORING OFFICER: NAME OF PAP: TYPE OF IMPACT CAUSED TO PAP BY PROJECT: Choice made by PAP between cash and in-kind compensation: Proposed Use of Payments: Date of Monitoring:

Indicators Baseline Status

(date)

New Status (Date)

Comment

Income of PAP Occupation of PAP Number of grievances and time and quality of resolution

Skill acquisition/training Assistance received from Project Number of Children Number of children in school Type of place of dwelling Ownership of shop/structure? Value of Stock Turnover Condition of affected structure/Asset


80

Annex 3 Grievance Redress Mechanism

Introduction to Grievance Redress Mechanism

The grievance redress mechanism describes the procedure as well as a number of

multi-layered mechanisms to settle grievances and complaints resulting from

resettlement and compensation in- house, at local level. The objective is to respond to

the complaints of the PAPs in a timely and transparent manner and to provide a

mechanism to mediate conflict and cut down on lengthy litigation, which often delays

such infrastructural projects. It will also provide people who might have objections

or concerns about their assistance, a public forum to raise their objections and through

conflict resolution, address these issues adequately. The committee will provide ample

opportunity to redress complaints informally, in addition to the existing formal

administrative and legal procedures.

The major grievances that might require mitigation include:

PAPs not listed;

Losses not identified correctly;

Inadequate assistance;

Dispute about ownership;

Delay in disbursement of assistance and improper distribution of assistance.

The set objective of grievance redress mechanism notwithstanding, the

mechanism provides a procedure for the complainant to appeal in the court of law.

Grievances and Appeals Procedure

This grievance procedure is prepared in line with the provision of the RPF of

NEWMAP. The need to provide a forum locally to receive, hear and resolve disputes

is in the best interest of all parties to forestall the lengthy process of litigation, which

could affect the progress of project. Therefore, the setting of grievance redress

committee early during RAP implementation is desirable.

Grievance Redress Committee (GRC)

A Grievance Redress Committee will be set up by SMEnv to address complaints from

RAP implementation. This committee will be coordinated by a local NGO and shall

be made up of the following parties:

NGOs

Community Development Councils (CDCs)

Representative of the community

Representatives of associations/interest groups and,


81

PAPs representative

It is expected that SMEnv should engage an independent body such as NGO to head the Grievance

Redress Committee (GRC) so as to give the committee credibility and trust of protecting the interest

of PAPs. SMEnv or its staff would not be heading the committee since it is a party to the anticipated

grievance cases.

The NGO to be chosen must have experience in dispute resolution and must have a lawyer in its

team that will serve as the secretary of the body.

The PMU will provide the GRC with the guideline based on the provisions of this RAP and also

make available to it contact details/register of PAPs which details their names, addresses and phone

numbers for contacting them when necessary.

PAPs shall also have the option of contacting the GRC directly or indirectly to register their

grievance by themselves or through their local chief or leader

There will be no fees or charges required of those wishing to have a grievance or complaint heard.

The timeline for implementation of the grievance resolutions shall be at most 15 days from the last

day allowable for grievance and complaints submission following the end of RAP disclosure.

The functions of the Grievance Redress Committee include:

Provide support to PAPs on problems arising from loss of private properties and business

area.

Record the grievance of the PAPs, categorize and prioritize the grievances that need to be

resolved by the committee; and

Report to the aggrieved parties about the developments regarding their grievances and the

decision of the project authorities

The grievance procedure should be simple, administered as far as possible at the local and state

levels to facilitate access, flexible and open to various proofs taking into consideration the fact that

many people are illiterate requiring a speedy, just and fair resolution of their grievances. However,

when matters could not be resolved at this level, there is need for the grieved to seek redress in the

court

Court Resolution of Grievance Matters The possibility of seeking for grievance resolution in the court may be a last resort and should be

expected, especially, where the complainant felt dissatisfied with resolution of the GRC.

The provision of the RPF of the National Urban Water Sector Reform Project (NUWSRP) on this

matter is that grievances concerning non-fulfillment of contracts, levels of compensation, or seizure

of assets without compensation shall be addressed to the state local courts system of administration

of justice. The court hierarchy would in ascending order therefore, be land dispute tribunals/chiefs,

followed by magistrate courts and then finally the high courts. The high court of the state is being

designated as the highest appellate court to settle grievances.


82

Procedure for Effective Local Resolution of Grievance

The following steps and procedures will apply in this project to ensure that grievances are settled

within PMU and /or at the level of the Grievance Redress Committee as much as possible:

An accessible and affordable complaints mechanism will be in place as soon as RAP report

is disclosed, and will enable people with claims against the process to make their complaints

At the first stage, PAPs will register their complaints and grievances to the Safeguard Officer

in PIU (contact address to be provided to PAPs).The Safeguard Officer is required to in

consultation with the Project Coordinator provide a written response to the PAP within

fourteen (14) calendar days of receiving the complaint.

If the PAP is not satisfied with the decision of the PIU, the PAP should present the case to

the independent Grievance Redress Committee (GRC). The GRC upon receiving the

complaint should write to acknowledge the receipt within one week.

A record should be kept for hearing concerning the complaint, as well as of the reasons for

filing the complaint

The matter so complained should be verified with the PIU

Mediation efforts at the discretion of the GRC should be embarked upon within three weeks

of receiving the complaint

Where a matter is not satisfactorily resolved at this level, the GRC should assist PAPs to

seek redress through the court of justice.

It is expected that the members of the grievance redress committee shall undergo

training/sensitization workshop recommended in this report. While the setting of grievance

mechanism is necessary it is expected that the following measures, be put in place to avoid or at least

minimize cases of grievances:

Careful designing of the works to be undertaken Consultation with PAPs from time to time about recent developments

Ensuring that demolition of structures is not embarked upon until full

implementation of the provisions of the RAP

Identification through phone numbers, PAPs code identity(GPS

Coordinates), inventorying, and

Establishing current compensation at full market value

It is however, very important that lessons learnt and complaints received at any given time be

properly documented for future reference and intervention in other projects.


83

Annex 4 Minutes of the Public Consultation for

Resettlement Action Plan (RAP) Held on the 3rd of April, 2014

The consultation started by 10:00am at the Nkwo Amaenyi market square. The targeted people were

those that will be affected by the project i.e the Project Affected Persons (PAPs) whom were drawn

from the three streets (Peter Onwuka Street, Eugene Nwude Street and Onwubiko Street or

Channel 10 road) where the road will be constructed. The Consultant anchored the

Consultation.

ISSUES DISCUSSED

The reasons for the RAP were introduced as part of the World Bank’s operational procedure for any

developmental project to be carried out in a host community. The social person explained to the PAPs

that under the World Bank’s OP 4.12 which stipulates that any project that will involve involuntary

resettlement of less than 200 persons and their valuables, an ARAP should be conducted.

Although this qualifies for an ARAP, it’s been decided that a full RAP is required to guide the

intervention process for this project, because of the significantly high level of social impact of land in

the project participating States. This will assist in ascertaining the level of damage, relocation or

resettlement as a result of the proposed construction and to proffer a beneficial means to address the

issue either by cash compensation or relocation of the affected persons. He further stated that we are

here not to construct the road now but to ascertain who this project will affect, the level of damage,

then report on what we have seen and communicate to the World Bank who will now look at our

report and make necessary arrangement on how to either pay in cash or resettle persons after which

the construction proper will start. After that the names of persons who will likely be affected were

read out by the enumerator and a questionnaire containing the data of every house/land owner

including their tenants with their own data was issued to them to fill under our guide and submit back

to us immediately.

After that, questions were invited from the PAPs who asked when the construction will start and

how sincere the compensation plan is because they have had such impressions in the past that was

not later fulfilled. They also asked the plans made by the government for the physically challenged

individuals.

The consultant explained that based on the World Bank policies and best practice, any person or

group of persons impacted by the project will be compensated. And that physically challenged

persons will have special consideration. He also stated that the community will be informed as soon

as construction works are about to start.

CONCLUSION

The consultant thanked the stakeholders for their participation and pleaded that they give the

government full cooperation when the project finally commences.

The consultation ended with a vote of thanks from the consultant and consultation came to an end

around 3.30pm.


84

Annex 5 Questionnaire for Socio-Economic Data Collection For RAP for the Amachalla Gully Erosion Site, Awka South, Anambra State

1. IDENTIFICATION

Location:

Name of Head of the Household/Owner:

Name of the Respondent:

Relationship to HH:

Address:

Nationality Nativity

Category of PAF: Titleholder Encroacher Tenant

Others (specify)

Squatter Kiosk

2. GENERAL INFORMATIONs

Religious Group: Christians Muslim ATR Others (specify)

Social Group: Vulnerable General

Family Pattern: Joint Nuclear Individual

Size of Family: Small (2-4) Medium (5-7) Large (Above7)

3. FAMILY PARTICULARS (Start from head of the household)

S/N Name of Member Sex Age Marital

Status

Relationship

to HH-head

Educational

level

Major occupation

Primary Secondary


85

Household’s Main Occupation and Monthly income (N)

Subsidiary Source and Monthly Income (N)

No. of Adult earning members:

No. of dependents:

Family annual expenditure: (N)

Indebtedness

Source Amount Borrowed When

Purpose of Borrowed Rate of Interest Amount

outstanding as on date Borrowing per annum

Household Assets:

4. COMMERCIAL/SELF EMPLOYMENT ACTIVITIES

Type of Shop/Business Enterprises (SBEs)

Hotel Provision store_ Repair & Workshop

Other Shops (Specify)

Other Enterprise (Specify)

No. of Partners:

Employment Pattern

Owner/Operator Employed 1 to 5 persons Employed 5 & above

5. VULNERABILITY

HH below poverty line HH becoming BPL as a result of loss of livelihood/assets

Female headed household

6. INFORMATION ON AFFECTED PROPERTY

GPS Coordinates:

Details of the structure

Type of Use: Residential Commercial Residential/Commercial Other


86

(Specify)

Construction Type: Mud Brick; Mud/Thatched roof Brick/Thatched roof

No. of Rooms/Storey Impacted Area (m2) Total Impacted

Area (m2)

Utility Connection: Electricity Water Phone (P-Partially F-Fully)

Other Affected Assets

Compound wall Tree/farmland Borehole/well Others (Specify)

Replacement Value (N)

7. PROJECT RELATED INFORMATION

Are you aware of the proposed Feeder Road Project? Yes No

If Yes, Source of information

What is your opinion about the project? Good Bad Can’t say

If good, what positive impacts do you perceive?

If bad, what negative impacts do you perceive?

8. RESETTLEMENT AND REHABILITATION

In case you are displaced (residentially where and how far you prefer to be located? Within the

area Outside the area Place name Distance (in km.)

Replacement Option

Land for land lost Cash Assistance House in Resettlement Site Shop

in Resettlement Site Other (Specify)

Factors to be considered in providing alternate place

Access to family/friends Income from household activity Income from

Business activity Daily Job Close to Market Other (Specify)


87

Annex 6 Maps

Photo 15 Map Showing Onwubiko St (Channel Ten) and PAPs locations

N.B The yellow pointers indicates the buildings of the PAPs


88

Photo 16 Map Showing Eugene Nwude St and PAPs locations


89

Gully erosion

Photo 17 Map showing Peter Onwuka St and PAPs Locations

nigeria erosion and watershed management project...

Documents