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Resettlement Policy Framework (RPF)

(Final)

for

STATE EXPENDITURE EFFECTIVENESS FOR OPPORTUNITIES AND RESULTS

(SEEFOR)

in

Niger Delta States(Bayelsa, Delta, Edo & Rivers)

NigeriaAugust, 2010

Prepared By

RP1126 rev

State Expenditure Effectiveness for Opportunities and Results (SEEFOR)

Table of Content

Content PageTitle Page 1Table of Contents 2List of Tables 5List of Figures 5List of Maps 5List of Plates 6List of Boxes 6List of Annex 6Acronyms 7Glossary of Some Key Terms 8Executive Summary 9

Section 1 General Introduction 131.1 Background 131.2 Goal of the Resettlement Policy Framework (RPF) 131.3 Objective of the RPF 131.4 Justification for the RPF 131.5 Scope of this RPF 151.6 Outline of this RPF 151.7 Methodology for RPF Preparation 15

Section 2 Project Description 172.1 Project Description 172.2 Project location 192.3 Ethno-Cultural Complexity of the People 212.4 Population, Sex and Age Structure 212.5 Settlement Patterns and Size Distribution of Settlements 212.6 Economy 222.6.1 Economic Growth That Promotes Sustainable Livelihoods 222.7 Small and Medium Enterprises 232.8 Infrastructure and Social Services 242.9 Capital Assets

242.9.1 Human Capital Assets 242.9.2 Natural Capital 242.9.3 Social Capital 242.10 Cultural Resources 242.11 Social Structure/Trends and Social Groups 252.12 Community Power Structure and Governance 252.13 Conflict and Management of Conflict 262.13.1 Governance and Conflict 262.13.2 Economic and Social Costs of Conflict 272.14.3 Conflict resolution strategy 27

SEEFOR Resettlement Policy Framework Prepared by Multiple Development Services [email protected],m 2

mailto:[email protected],m


2.15 SEEFOR - A Catalyst for Development and Growth 282.16 Potentially Affected Persons and the Numbers likely to be involved 28

Section 3 Nigerian Legal/Institutional Guidelines & Requirements and World Bank Safeguards Policies 29

3.1 Introduction 293.2 Land Use Act of 1978 and Resettlement Procedures 293.3 Forestry Act 313.4 World Bank Policy on Involuntary Resettlement (OP.4.12) 323.5 Nigerian Law and World Bank OP 4.12 on Compensation– A Comparison 32

Section 4 Principles and Objectives Governing Resettlement Preparation and Implementation 34

4.1 The Principle and Objectives 344.2 Vulnerable PAPs 354.3 Risks to the Success of the SEEFOR Project 364.4 Sub-Project Implementation Principle 37

Section 5 Description of the Process for Preparing and Approving Resettlement and Compensation Plans 38

5.1 Introduction 385.2 The Screening Process 395.3 Review and Submission of RAP/ARAP (RP) to Project Authorities 44

Section 6 Eligibility Criteria for Various Categories of Affected Persons 456.1 Introduction 456.2 Principles 456.3 Eligibility Criteria 456.4 Proof of Eligibility 466.5 Eligibility for Community Compensation 466.6 Defining Entitlements and Preparing an Entitlement Matrix 466.7 Loss of property 476.8 Loss of Wages and Income 476.9 Methods to Determine Cut-Off dates 47

Section 8 Methods for Valuing Assets 507.1 Land Acquisition Process 507.2 Organization Procedures for Valuation of Acquired Land 507.3 Identification and Categorization of Loss and Impact 517.4 Method of Valuation 527.5 Valuation Procedure 537.5.1 Use of Standard Valuation Tables 537.5.2 Preparation of Asset Inventory 537.5.3 Actual Assets Inventory 537.5.4 Methods of Compensation 54




7.6 Compensation Calculation for Assets 547.6.1 Compensation for Building and Structures 547.6.2 Compensation for Community Assets 557.6.3 Compensation for Sacred Sites 557.6.4 Compensation for Loss of Businesses 557.6.5 Compensation for Land 557.6.6 Compensation for Crops/Farm Produce 567.7 Procedures for Delivery of Compensation 56

Section 8 Arrangements for Compensation and Grievance Mechanism 578.1 Introduction 578.2 Steps involved in the compensation process 578.3 Community Compensation Payments 588.4.1 Grievance Redress Mechanisms 588.4.1 Grievance Redress Process 588.4.2` Management of Reported Grievances 598.4.3 Grievance Log 608.4.4 Monitoring Complaints 60

Section 9 Implementation Schedule, Linking Resettlement Implementation to Civil Works and RPF Implementation Budget 61

9.1 Introduction 619.2 Implementation process 619.3 RPF Implementation Budget 629.3.1 Sources of Funding 63

Section 10 Consultations and Stakeholder Participation 6410.1 Overview 6410.2 Commencement of Public Consultation 6410.3 Mechanism for Consultation and Participation of Displaced Persons 65 10.4 Identifying Stakeholders 6510.5 Consultation Strategies 6510.6 Level of Engagement 66

Section 11 Institutional Framework 6711.1 Introduction 6711.2 Institutional Arrangement 6711.3 Coordination and Implementation 6711.3.1 Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP 6911.3.1 Participation Agreement 6911.3.2 State Level Institutions 6911.3.3 Local Government Level Institutions 7311.3.4 Community Level and other Institutions 74




11.4 Measures for Strengthening Organizational Capability 75

Section 12 Monitoring and Evaluation 7712.1 Internal Monitoring 7712.2 External Monitoring 7712.3 Completion Audit 78

Section 13 Disclosure of Social Safeguards Instruments 64

References 80

Annexes 81

List of Tables

Table Page1: Population Census of 2006 for four SEEFOR States 212: Potential for Rural Economic Growth in SEEFOR States 223: Urban Growth Poles and Their Potential Economic Activities in SEEFOR States 234: Small and Medium Enterprises in the Niger Delta 23 5: List of Protected Areas in the Niger Delta States 256: What the People of the Niger Delta Most Dislike about the Region 27 7: Comparison of Nigerian Law and World Bank OP4.12 regarding compensation 338: Sample of possible sub project that may be proposed by the communities and/or farmer groups that would trigger the involuntary resettlement policy with probable environmental and social impact 449: Entitlement Matrix 4810: Categories of Likely Losses/Impact 5111: Support Principles for Different Types of Impacts 5212: Method of Valuation 5413: Forms of Compensation 5414: Preliminary estimates of costs associated with this RPF 6315: Summary of Issues/Comments from Stakeholder Engagements as Part of SEEFOR 6516: PAPs Identification Matrix 6717: Consultation Plan at Project Phases 6818: Safeguard Responsibilities for SEEFOR 7319: Mechanism for Monitoring of R&R activities 8020: Information to be Disclosed 81

List of Figures

Figure Page1 Typical Process for Resettlement Plans (RAP) 382 Steps in Social Screening Process 443 Flow chart for Grievance mechanism 59




4 A Process Flow indicative of Approximate Timing of Some ResettlementActivities 62

5 Spectrum of Engagement 666 Institutional Arrangement (Federal and State Levels) 68

List of MapsMaps Page1 Nigeria Showing the Niger Delta States

192 World Map Showing Niger Delta Region in Africa 203 South-South Nigeria Showing the SEEFOR States 204 Main Niger Delta Linguistic 21

List of PlatesPlate Page1: A cross Section of Some Stakeholders met 65

List of Boxes

Box Page1 Abbreviated Resettlement Plans (ARAP) 352 Full Resettlement Actions Plans (RAP) 353 Functions of the Rehabilitation and Resettlement Committee 584 Main Outcomes of the Consultation So Far 645 Roles and Responsibilities of Safeguard Specialist 72

List of Annexes

Annex Page

1: The RPF Terms of Reference 83- 22: Summary of Some Available Raw Materials and Possible Uses of the

Resources in Niger Delta States 83-53: Indicative Outline Terms of Reference for Social Assessment 83-64: Indicative SEEFOR Resettlement Screening Form 83- 95: Indicative Outlines of Resettlement Plans 83-106: Example of Recommended Compensation Rate for Economic Trees and Crops 83-157: Calculation of Land Compensation Rate 83-168. Sample Grievance Redress Form and Agreed Resolution Format 83-179: Templates for RAP/ARAP Budget and Cost Estimates 83-1910. Stakeholder Consultations (Those Consulted) 83-2111: Resettlement and Compensation Performance Measurements Indicators 83-30




List of Acronyms

ARAP Abbreviated Resettlement Action PlanBP Bank PolicyBRT Bus Rapid TransitCBO Community Based Organization CDD Community Driven Development CG Community Group CSO Community Support Organizations EA Environmental Assessment ECOWAS Economic Community of West African StatesEIA Environmental Impact AssessmentEIS Environmental Impact StatementEMP Environmental Management Plan EMU Environmental Monitoring UnitEPA Environmental Protection AgencyER Environmental Review ES Environmental Screening ESA Environmentally Sensitive Area ESM Environmental and Social ManagementESMF Environmental and Social Management FrameworkFGN Federal Government of NigeriaFMENV Federal Ministry of EnvironmentHIV/AIDS Human Immuno-deficiency Virus/ Acquired Immune Deficiency

Syndrome IDA International Development AssociationIEE Initial Environmental EvaluationILO International Labour OrganisationLB Land BureauLGA Local Government AreaLVO Land Valuation OfficeMDAs Ministries, Departments & AgenciesMDG Millennium Development GoalsMIGA Multilateral Guarantee AgencyMIGA Multilateral Guarantee AgencyMOE State Ministry of EnvironmentMoH State Ministry of HousingMoT Ministry of TransportationNEAP National Environmental Action PlanNGO Non Governmental OrganizationOD Operational Directives (of the World Bank) OM Operational Manual OP Operational Policies (of the World Bank) OSH Occupational Safety and HealthPAP Project Affected Peoples PID Project Information Document




PIU Project Implementation UnitPLWAs People Living with AIDSPMU Project Management UnitPPUD Physical Planning and Urban Development PWD Public Works DepartmentRAP Resettlement Action Plan RP Resettlement PlansRPF Resettlement Policy FrameworkSA State AgencySTDs Sexually Transmitted DiseasesTOR Terms of ReferenceURTI Upper Respiratory Tract InfectionWB The World BankWHO World Health Organisation




GLOSSARY OF KEY TERMSAsset Inventory: A complete count and description of all property that will be acquired.

Bank: World Bank

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

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

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

Entitlements: means entitlements with respect to a particular eligibility category are the compensation and other forms of assistance provided to displaced persons in the respective eligibility category.

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

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

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

Market rate: Is defined as the highest rate over the last five years based on commercial terms.

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

Project Affected Person (s): A person that loses assets and/or usage rights and/or income generation capacities (e.g., land, structure, crops, businesses) because these assets/rights/capacities are located inland to be acquired or used, for needs of the project.




Not all PAPs are displaced due to the Project, but all are potentially affected in the maintenance of their livelihood.

Rehabilitation Assistance means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-Project levels.Resettlement Policy Framework (RPF) refers to the present document which is the overall Policy Framework for Compensation, Resettlement and Rehabilitation of Project Affected Persons for the PPP. The Policy Framework describes the process and methods for carrying out resettlement under the Project, including compensation, relocation and rehabilitation of Project affectees.

Resettlement Action Plan (RAP): means the resettlement action plans prepared for specific micro-projects.

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

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




EXECUTIVE SUMMARY

IntroductionThe Government of Nigeria has requested the assistance of the World Bank in the preparation of State Expenditure Effectiveness for Opportunities and Results (SEEFOR). The Project Development Objective (PDO) is to improve the composition and effectiveness of public expenditure by strengthening public management systems and service delivery whilst enhancing employment generation in participating states.

Project DescriptionThe project is designed around two main components - Public Financial Management (PFM and service delivery - under which selected activities will be implemented to produce outputs that will contribute towards the achievement of the PDO. The latter will have three sub-components: a) training and skills development; (b) youth employment and (c) Community Driven Development (CDD). This component will thus present a menu of options for service delivery, using approaches that have been tested and proven to work in other Bank assisted projects in Nigerian states.

Need for RPF

The SEEFOR project will not lead to any large scale acquisition of land or denial of access to usual means of livelihood, albeit, Component 2 could involve taking of land or productive resources either temporarily or permanently, for subproject activities. Taking of land and productive resources may result in relocation and resettlement of people and facilities, thus triggering the World Bank (WB) Safeguard Policy on Involuntary Resettlement (OP 4.12). The Bank policy required that a Resettlement Policy Framework (RPF) is developed to take into account the development and implementation of these sub-projects and their Resettlement Action Plans (RAPS).

Thus for due diligence, it has become necessary to prepare this Resettlement Policy Framework (RPF) prior to the project appraisal. The goal of this Resettlement Policy Framework (RPF) is to provide procedures and guidelines that would be followed when the World Bank’s OP 4.12 is triggered by the project activities which location and areal extent are not known in sufficient detail at this time of project preparation! The difficulties inherent in defining what the real environmental and social impacts of these sub-projects coupled with the fact that SEEFOR is still at the stage of project preparation hence no exact locations and magnitude of sub-projects are known, necessitated the development of :

a. A Resettlement Policy Framework (RPF). b. An Environmental and Social Management Framework (ESMF); and c. Social Assessment (SA)

In other words, these three instruments are prepared because at the time of SEEFOR project preparation the exact locations and the size of land that would be acquired are not known in sufficient details. Since each of the instrument focuses attention on a given, they would complement each other to ensure that the implementation of the SEEFOR project would be environmentally sound and socially inclusive and acceptable.SEEFOR Resettlement Policy Framework Prepared by Multiple Development Services [email protected],m 11



Each of these instruments focuses attention on a given area, viz:

The ESMF is intended to be used as a practical tool during program formulation, design, implementation and monitoring. It describes the steps involved in identifying and mitigating the potential adverse environmental and social impacts of future investment SEEFOR activities. It also provides guidance in cases where the screening results indicate that a separate Environmental Impact Assessment (EIA) is required.

Social assessment is aimed at analyzing the social issues and soliciting stakeholders’ views for the design of the Bank-supported SEEFOR project. Social assessment helps make the project responsive to social development concerns, including seeking to enhance benefits for poor and vulnerable people while minimizing or mitigating risk and adverse impacts. It analyzes distributional impacts of intended project benefits on different stakeholder groups, and identifies differences in assets and capabilities to access the project benefits

The RPF provides the direction to all actors involved in the SEEFOR sub-projects implementation, for the identification of resettlement implications and measures to adopt to minimize or address resettlement issues created by each sub-project. Once resettlement issues are identified, a Resettlement Action Plan is prepared for managing the issues. Thus in addition to containing a screening /checklist for determining whether OP 4.12 is triggered or not it also provides procedures and guidelines to be followed when the policy is triggered.

This document is devoted to the RPF.

Project LocationThis RPF covers four States of the Federation in the Niger Delta Region, namely: Bayelsa, Delta, Edo and Rivers.

Legal Framework for Land AcquisitionThe legal framework for land acquisition in Nigeria is the land use Act of 1978, reviewed under Cap 202, 1990. The relevant World Bank operational policy (OP 4.12), which addresses land acquisition and involuntary resettlement was reviewed. The differences between the Land Use Act and the Bank’s OP 4.12 are mostly rehabilitation measures, which are neither proscribed nor mandated in the Act. Where there are conflicts between the national law (Land Use Act) and the WB policy, it is expected that of the World Bank OP 4.12 would prevail for all sub projects under the SEEFOR.

Potential negative Impacts It is recognized in SEEFOR that impacts could arise due to involuntary resettlement from development of sub-projects which may give rise to economic, social and environmental risks if left unmitigated.




Thus the anticipated potential negative impacts include disruption of production systems, impoverishment due to loss of assets, source of income, less usage of productive skills, weakening of community institutions and social networks; dispersal/displacement of kin/clan groups; and diminishing or losing of cultural identity, traditional authority, and the potential for mutual help.

Moreover lack of appropriate resettlement and compensation guidelines may lead to a cumulative displacement and resettlement over the lifespan of the Programme. Thus, adequate measures must be put in place in order to ensure that all subprojects are screened for potential resettlement and where resettlement is anticipated, that the appropriate steps are taken to compensate project affected persons.

Guiding Principles for Resettlement Planning This document identifies the guiding principles for resettlement planning for the Borrower and mechanisms that should be put in place in order to screen subprojects and ensure that appropriate measures are in place to address any issues which arise from potential land acquisition/disruption under the SEEFOR.

The valuation procedures of all assets that will be affected as a result of the implementation of the programme will be conducted by a qualified valuer/surveyor. Compensation for loss of income and assets will be at full replacement cost such that the PAPs will experience no net loss and eligibility criteria have been developed for this.

Project affected persons, communities, NGOs relevant stakeholders will participate in the resettlement/rehabilitation process. The specific plans/mechanisms for consultation participation will be detailed in the RAP and will include resettlement committees for PAPs and communities and interagency committees for participating stakeholders

Grievance Redressal MechanismGrievance redressal mechanism is seen in the SEEFOR project as an important aspect in sub- projects involving land acquisition. The redressal of grievance is important to avoid unnecessary legal delays and cost overrun of the project. Also, this is a forum for people to express their dissatisfaction over compensation and R&R provisions.

A Rehabilitation and Resettlement Committee shall be constituted within the PIU to monitor and review the progress of implementation of the scheme or plan of rehabilitation and resettlement of the affected families and to carry out post implementation social audits.

RPF Coordination and Implementation Designated State Agencies/Project Management Units (PMU) shall coordinate SEEFOR in each State. A number of institutions have been identified that would have a role to play in the execution of the resettlement issues of SEEFOR. While most of them do not have direct links with resettlement, however, by operation or functions, they would have related responsibilities with resettlement on the SEEFOR project. For successful implementation of the SEEFOR program according to the agreed terms and conditions, a




formal agreement is needed between the State Governments, the Implementing Agencies and other MDAs outlining the tasks, responsibilities, schedules, procedures, deliverables etc., required for preparation and implementation of the approved sub-projects.

The PMU shall set up an Environmental and Social Safeguard Unit with well trained personnel in resettlement, whose shall supervise the RAP implementation, inter alia.

The Government of the SEEFOR States, namely: Bayelsa, Delta, Edo and Rivers shall fund the resettlement/rehabilitation matters such as the RAP/ARAP preparation for sub-projects. A tentative budget estimate of N18.7 million has been earmarked for RAP/ARAP preparation for each SEEFOR sub-projects in each of the four States as shown in Table below.

Preliminary Estimates of Costs Associated with this RPF

S/No Activity Cost Implication

Remarks

1 RAP preparation for each of the subprojects

N12m Estimate based on comparable projects approved by the World Bank, adjusted for local consultancy rates. Cost per project will depend on the number of households affected and will therefore vary across the sub projects

2 RAP implementationfor sub projects

Estimate will be captured in the RAP

Estimate based on comparable projects approved by the World Bank

3 Training and capacity building for resettlement committees

N2m Estimated cost for each sub-project per annum.

4 Provision of technicalassistance


Sub-total N17 million

5 Contingency fund for extra projects initiated and other costs such as inflated land and crop prices.

10% of sub-total

10% of sub-total

Total N18.7 million

Per Sub-project




Monitoring and evaluation In order to successfully complete the resettlement management as per the implementation schedule and Compliance with the policy and entitlement framework, there would be need for monitoring and evaluation of the RPF and RAP implementation.Monitoring and evaluation will be a continuous process and will include internal and external monitoring. The safeguards officer shall play a key role in reporting the progress of implementation as well as compliance to the PIU, PMU and the World Bank.

The RPF underscores the importance of monitoring and evaluation of the sub projects under the SEEFOR program. It also highlights mechanisms for internal and external monitoring.

Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP: Component 2c of the project, focusing on community driven development (CDD), will be implemented through the existing Bank Assisted government CDD projects FADAMA and CDSP in each of the states involved. As such, the funding for this component will be channeled through the existing institutional arrangements and managed by the already established FADAMA and CDSP project implementation units in each state. In states where only one of the existing CDD projects is operating this component will be implemented only through this existing project. The component will run only for as long as the existing projects are operating. Given these institutional arrangements, all activities undertaken under this component will be subject to the safeguards procedures and instruments developed under these existing projects. Thus, the current SEEFOR project has triggered the relevant World Bank safeguard policies triggered by FADAMA III and CDSP triggered OP/BP 4.01 Environmental Assessment and OP/BP 4.12 Involuntary Resettlement, as well as additional safeguards policies including OP/BP 4.04 Natural Habitat, OP/BP 4.09 Pest Management, OP/BP 4.36 Forests that were triggered by FADAMA given the scope and the potential environmental and social impacts of the activities under FADAMA. The only exception to this consistency in World Bank policies triggered by the project funding these activities- SEEFOR- and the projects implementing the CDD activities, is the policy on International Waterways. In this case the policy has not been triggered because the geographical locations of the different states involved in the project mean that no international waterways will be affected and that any surface or groundwater extraction, in any, would come from local sources.

The current safeguards performance, the safeguards instruments prepared and the institutional arrangement for their implementation for Fadama III and CSDP are presented below:

Third National Fadama Development Project: To date, the safeguard compliance of Fadama III has been satisfactory. Since the locations and potential negative localized impacts of the future subprojects, the Borrower prepared an Environmental and Social Management Framework (ESMF), a Pest Management Plan (PMP), and a Resettlement Policy Framework (RPF) for the purpose of identifying and mitigating potential negative environmental and social impacts at the subproject planning stage during the life of the project. The RPF outlines the policies and procedures to be followed in the event that




subprojects require land acquisition. The PMP shows the procedures and steps to be undertaken to address pest management concerns, including capacity building in Integrated Pest Management (IPM). The ESMF outlines the environmental and social screening process for subprojects and proposes capacity building measures, including cost estimates. The ESMF includes: (i) an Environmental Management Plan; (ii) Environmental Guidelines for Contractors; and (iii) an environmental and social checklist for subprojects screening.

The three instruments of ESMF, PMP and RPF were disclosed in-country and at the Info shop on May 4, 2007. The State Fadama Coordination Office (SFCO) is responsible for the implementation of the ESMF, PMP and RPF. Consultants are engaged to prepare Resettlement Action Plans and Environmental Management Plans or Environmental Impact Assessments (EIAs) as and when necessary. The SFCO has in place an environmental officer. This specialist is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises.

Community Social Development Project: The safeguards rating of the community social Development project has been satisfactory to date. The potential environmental and social impacts of sub-projects under the CSDP are small-scale and site-specific typical of Category B projects. An Environment and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) have been prepared for the project and provide mechanisms to identify impacts for which standard mitigation measures to be applied during the implementation phase. The objective of the ESMF is to establish a mechanism to determine and estimate the future potential environmental and social impacts of the activities undertaken under the project, and to define the measures of mitigation, monitoring and the institutional measures to be undertaken during implementation o f the project. It is anticipated that project activities are unlikely to relate to land acquisition or restriction of access to sources of livelihood. However, in the event that there are resettlement concerns, the Resettlement Policy Framework (RPF) will be translated to Resettlement Action Plans (RAPS) as and when the need arises during project implementation. The CSDP State Agency is responsible for the implementation o f the ESMF and RPF recommendations. The Agency’s environmental specialist (with knowledge on social issues) is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises.

The safeguards instruments for these projects- including detailed ESMF’s, PMP and RPF’s- have already been publically disclosed as part of project due diligence, remain valid and would apply to all SEEFOR funded activities that would be implemented through Fadama III and CSDP.

DisclosureThe RPF is expected to be disclosed in-country to the general public as a separate and stand alone document for review and comment before it is approved by the Bank at




designated locations in the participating States and in World Bank InfoShop. Individual RPs that will be prepared for each sub project based on the guidelines and procedures highlighted in this RPF document are also expected to be disclosed in such manner.




SECTION 1 GENERAL INTRODUCTION

1.1 Background The Government of Nigeria has requested the assistance of the World Bank in the preparation of State Expenditure Effectiveness for Opportunities and Results (SEEFOR). The Project Development Objective (PDO) is to improve the composition and effectiveness of public expenditure by strengthening public management systems and service delivery whilst enhancing employment generation in participating states. This project will not lead to any large scale acquisition of land or denial of access to usual means of livelihood.

However, for due diligence, it has become necessary to prepare this Resettlement Policy Framework (RPF) prior to the project appraisal. The RPF outlines measures to avoid and minimize resettlements as well as assist PAPs in their effort to improve or at least restore their standards of living.

1.2 Goal of the Resettlement Policy Framework (RPF)

The goal of this Resettlement Policy Framework (RPF) is to provide procedures and guidelines that would be followed when the World Bank’s OP 4.12 is triggered by the project activities. The reason is that details on the exact location and areal extent are not known in sufficient detail at this time of project preparation!

In other words, this RPF gives procedures and guidelines for the development of appropriate mitigation and compensation measures, for the impacts likely to be caused in the future by the SEEFOR Sub-project activities whose exact locations are not known in sufficient details at this time of project preparation. Thus the RPF is intended as a practical tool to guide the preparation of Resettlement Action Plans (RAPs) for sub-projects during the implementation of the comprehensive SEEFOR program.

1.3 Objective of the RPF

With regard to the SEEFOR Project, the RPF set out the policies, principles, institutional arrangements, schedules and indicative budgets that will take care of anticipated resettlements. These arrangements are also to ensure that there is a systematic process (as against an hoc one) for the different stages of the implementation of a framework that assures participation of affected persons, involvement of relevant institutions and stakeholders, adherence to both World Bank and Government procedures and requirements, and outline compensation for affected persons.

This RPF will serve as the framework within which a resettlement action plan will be developed when the project is certain of the locations and specific impacts of the project

As required by the World Bank, the RPF is expected to be disclosed in-country to the general public as a separate and stand alone document for review and comment before it




is approved. The document must also be available at the Infoshop of the World Bank. Individual RAPs will be prepared for each sub project based on the guidelines and procedures highlighted in this RPF document.

1.4 Justification for the RPFAlthough the SEEFOR expected investment activities may not lead to any large scale acquisition of land or denial of access to usual means of livelihood, they are likely to result in some impacts such as the relocation/displacement of people.

At present, feasibility studies have not been completed for the four beneficiaries States (Rivers, Edo, Delta & Bayelsa). Thus with studies currently ongoing , the volume and actual nature of activities as well as lack of knowledge of the exact locations, the scope, scale of activities and likely numbers of Project Affected Persons (PAPs) are uncertain. That is, it is premature in the SEEFOR project to determine what the real social impacts are, in terms of land acquisition, loss of economic activities and who the Project Affected Persons (PAP) are.

Thus for due diligence, it has become necessary to prepare this Resettlement Policy Framework (RPF) prior to the project appraisal. The goal of this Resettlement Policy Framework (RPF) is to provide procedures and guidelines that would be followed when the World Bank’s OP 4.12 is triggered by the project activities which location and areal extent are not known in sufficient detail at this time of project preparation! The difficulties inherent in defining what the real environmental and social impacts of these sub-projects coupled with the fact that SEEFOR is still at the stage of project preparation hence no exact locations and magnitude of sub-projects are known, necessitated the development of :

A Resettlement Policy Framework (RPF). An Environmental and Social Management Framework (ESMF);

In other words, these three instruments are prepared because at the time of SEEFOR project preparation the exact locations and the size of land that would be acquired are not known in sufficient details. Since each of the instrument focuses attention on a given, they would complement each other to ensure that the implementation of the SEEFOR project would be environmentally sound and socially inclusive and acceptable.

Each of these instruments focuses attention on a given area, viz;

The ESMF is intended to be used as a practical tool during program formulation, design, implementation and monitoring. It describes the steps involved in identifying and mitigating the potential adverse environmental and social impacts of future investment SEEFOR activities. It also provides guidance in cases where the screening results indicate that a separate Environmental Impact Assessment (EIA) is required.

Social assessment is aimed at analyzing the social issues and soliciting stakeholders’ views for the design of the Bank-supported SEEFOR project. Social assessment helps




make the project responsive to social development concerns, including seeking to enhance benefits for poor and vulnerable people while minimizing or mitigating risk and adverse impacts. It analyzes distributional impacts of intended project benefits on different stakeholder groups, and identifies differences in assets and capabilities to access the project benefits

The RPF provides the direction to all actors involved in the SEEFOR sub-projects implementation, for the identification of resettlement implications and measures to adopt to minimize or address resettlement issues created by each sub-project. Once resettlement issues are identified, a Resettlement Action Plan is prepared for managing the issues. Thus in addition to containing a screening /checklist for determining whether OP 4.12 is triggered or not it also provides procedures and guidelines to be followed when the policy is triggered.

This document is devoted to the RPF.

1.5 Scope of this RPF Primarily, this RPF covers four States, namely: Bayelsa, Delta, Edo and Rivers, amongst the nine Niger Delta States in Nigeria. However, this RPF anticipates that other Niger Delta States may eventually be part of the project and that the RPF covers them all with little or no further revision/improvement.

The RPF took the following key areas into considerations as outlined in the TOR (Annex1): Project Description, Legal and Institutional Guidelines and Requirements, World Bank Safeguards Policies, Social Assessment and Socio-Economic Surveys, Estimated Population, Displacement and Categories of Affected People, Eligibility Criteria for various Categories of Affected People, Entitlement Matrix for proposed Resettlement and Compensation Policy, Methods for Valuing Affected Assets, Organizational Arrangements and Procedures for Delivery of Entitlements, Methods for Consultation with and participation of Affected People, Grievance Redress Mechanisms, Budget and Funding Arrangements, Monitoring Arrangements, Implementation Schedule

1.6 Outline of this RPFThis SEEFOR Resettlement Policy Framework (RPF) is presented in Sections as follows:Section 1 General IntroductionSection 2 Project DescriptionSection 3 Nigerian Legal/Institutional Guidelines & Requirements and

World Bank Safeguards Policies Section 4 Principles and Objectives Governing Resettlement

Preparation and ImplementationSection 5 Description of the Process for Preparing and Approving

Resettlement and Compensation PlansSection 6 Eligibility Criteria for Various Categories of Affected PersonsSection 7 Methods for Valuing Assets




Section 8 Arrangements for Compensation and Grievance MechanismSection 9 Implementation Schedule, Linking Resettlement Implementation to

Civil Works and RPF Implementation BudgetSection 10 Consultations and Stakeholder ParticipationSection 11 Institutional FrameworkSection 12 Monitoring and EvaluationSection 13 Disclosure of Social Safeguards Instruments

1.7 Methodology for the RPF PreparationGenerally, the RPF was prepared in accordance with applicable World Bank safeguard policies and Nigerian guidelines/laws. The distinct phases of the study include:

Literature review; Public Consultation Data Gathering e.g. for baseline conditions, institutional arrangement, capacity,

etc.; Reconnaissance Survey/visits to States; Identification of potential impacts; Preparation of the RPF and sub-project guidelines screening.

Key stakeholders identified and consulted included relevant MDAs, e.g. Ministries of Environment, Land and Survey, Budget and Planning, and other relevant private/individual/CSO/CBO organizations.

It is important to note that in the preparation of this RPF a number documents were reviewed and information drawn from them. These included:

• The Nigeria Land use Act• Nigeria’s National laws and/or regulations on environmental assessments World Bank Operational Policies United Nations (2006) Niger Delta Human Development Report National Bureau of Statistics (2009) Social Statistics in Nigeria ERML (1997), Environmental and Socioeconomic Characteristics of the Niger

Delta. Other existing RPFs prepared for local and international projects Etc.




SECTION 2 PROJECT DESCRIPTION

2.1 Project Description The project is designed around two main components - Public Financial Management (PFM and service delivery - under which selected activities will be implemented to produce outputs that will contribute towards the achievement of the PDO. The latter will have three sub-components: a) training and skills development; (b) youth employment and (c) Community Driven Development (CDD).

Component 1: Strengthening Public Financial Management systems: The four selected states are already making some progress in basic public financial management reforms. For example all four states have passed procurement and fiscal responsibility legislations, but need technical assistance and guidance in their implementation. Others have initiated budget reforms, including medium term expenditure framework (MTEF). This component will support ongoing efforts by the states to develop and modernize their public financial, personnel and payroll management processes and institutions, with the objective of improving its efficacy and in managing public resources. It will tailor support to the current status of PFM in each state.

The menu of activities to be implemented to achieve the PDO will include the following: a. enactment and implementation of an organic public finance management

legislation; b. strengthening capacity for budget preparation and public investment

management, implementation and monitoring and public access to financial information,

c. improvement in accounting, cash management, financial reporting, expenditure controls and audit;

d. improvement in personnel and payroll controls; e. strengthening public procurement systems and processes; and f. design and implementation of State Integrated Financial Management

Information Systems (SIFMIS).

The component will also support training and capacity building in the key PFM areas mentioned above. The proposed state-level reforms PFM reforms will be coordinated with those undertaken at the federal level. The component will support development of social accountability in key activities such as budget and public procurement and involve the public in planning and oversight of public expenditure. The PFM reforms will enable better allocation of resources to achieve improvements in service delivery performance and employment.

Component 2: Service Delivery with Employment Opportunities: The objectives of this component are twofold:

(a) immediate/short-term job creation for youth and (b) medium term skills development/enhancement for youth.




This component will thus present a menu of options for service delivery, using approaches that have been tested and proven to work in other Bank assisted projects in Nigerian states, including LEEMP in Bayelsa state. The component will have three sub-components as follows:

Component 2a: Training and Skills Development Support Fund: The objective of this subcomponent is to increase access, improve quality of skills acquisition and development for youth empowerment through relevant formal and non-formal vocational and technical training institutions. The overall goal is to leverage support on ongoing training and skills development activities and initiatives including private and public skills development enterprise in the four states. The strategic focus would be on skills and entrepreneurship development and its relevance to current and future labour market demands to tackle youth unemployment through vocational skills acquisition to make participants more employable or self-employed. This component will be closely coordinated with component 2b to define training and skills needs.

Component 2b: Youth Employment: The objective of this sub-component is to reduce youth unemployment and increase income via job creation schemes in the four participating states and linked to the training and skills development programme under component 2a. It will support youth employment program that aims to actively engage all eligible youths (not limited to militants) in productive employments in public works and agriculture. The sub-component will finance two key activities with value chains that generate employment in both urban and rural areas, namely:

a. Support to small Public Works Contracts to generate employment in the

Urban areas. Following a model that is successfully working in Lagos state, this activity will generate employment through award of small competitive contracts to the private sector to improve public space, reduce environmental hazards and enhance the efficiency of the existing road space, reduce vehicle operating cost and improve road safety, in particular pedestrian safety and maintenance of street lights.

b. Support to youth employment in agriculture in rural areas. Activities that ensure the engagement of youth in agricultural production, processing and marketing will be supported under this component. Public and private sector led agricultural schemes with massive engagement of youth (skilled or semi-skilled) in the areas of crops, animal husbandry, fishery and forestry will be financed under this subcomponent.

Component 2c: Community Driven Development: The four states already have CDD projects in the form of CSDP (Bayelsa) and Fadama III (in all four states). The CDD sub-component will use existing institutional arrangements in Fadama and CSDP to provide resources to CDD implementing agencies in order extend CDD interventions to additional communities currently not included CSDP to ensure effective service delivery for economic and social improvement of




rural and poor communities in the four States. The component will support health, education, water, rural roads and rural energy, environment and sanitation, rural enterprise and livelihood activities, and safety net micro projects, solely executed by the communities or user groups themselves. The CDD will also create employment opportunities for youths in the rural areas. The existing Fadama and CSDP implementing agencies (and other arrangements that are assessed to meet the standard practice of CDD approach in states where there is no CSDP) will be used to implement this component. It is expected that component 2 will be delivered and implemented in partnership with non-state providers of services.

Component 3: Project Implementation Support and Coordination: The component will support project coordination at national and state levels, including centrally provided technical assistance, quality assurance and other support services to states. It will also fund project operating costs of the PIUs and provide training and capacity building for project staff. The PIU at the state level will be supported by multi-sector Technical Review Committee for each of Components 1 and 2. The TRC will include technical experts in the relevant fields and civil society representatives and provide advice on all technical proposals submitted by interested service providers.

Component 2 will involve taking of land or productive resources either temporarily or permanently, for subproject activities. Taking of land and productive resources may result in relocation and resettlement of people and facilities, thus triggering the World Bank (WB) Safeguard Policy on Involuntary Resettlement (OP 4.12). The Bank policy required that a Resettlement Policy Framework (RPF) is developed to take into account the development and implementation of these sub-projects and their Resettlement Action Plans (RAPs).

2.2 Project location Geographically, the SEEFOR project States, namely Bayelsa, Delta and Rivers fall within the Niger Delta region defined as comprising the area covered by the natural delta of the Niger River and the areas to the east and west, which also produce oil. Its approximate northern boundaries are located close to the bifurcation of the Niger River at Aboh, while the western and eastern boundaries are around the Benin River and the Imo River, respectively. The area covers approximately 25,900 square kilometers. In spite of its economic significance, the proposed project area is ecologically fragile. The project area is a floodplain including wetlands, creeks and a net work of drainage. The area can be divided into four ecological zones: coastal barrier islands, mangrove swamp forests, freshwater swamps, and lowland rainforests.

The broader Niger Delta region, includes all oil-producing areas and others considered relevant for reasons of administrative convenience, political expedience and development objectives, extends the land area of the Niger Delta to 75,000 square kilometers. Defined in this way, the Niger Delta consists of nine states as shown in Map 4.1, namely: Abia (1), Akwa Ibom (2), Bayelsa (3), Cross River (4), Delta (5), Edo (6), Imo (7), Ondo (8) and River (9) States. The four states, namely: Bayelsa, Delta, Edo and Rivers which the SEEFOR project focuses attention on at present and their capital cities are shown in Map 1. SEEFOR Resettlement Policy Framework Prepared by Multiple Development Services [email protected],m 24



The major environmental and social problems witnessed in the region are those related to the petroleum industry activities. This proposed SEEFOR project is expected to have overall positive environmental and social impacts. The SEEFOR project was developed in close consultation with the government and other stakeholders to support Youth and Employment Initiative including training and capacity building in support of an immediate public works program.

Map 1: Nigeria showing the Niger Delta States

Map 2: World Map Showing Niger Delta Region in Africa


Niger Delta Region



Map 3: South-South Nigeria Showing the SEEFOR States



2.3 Ethno-Cultural Complexity of the PeopleThe Niger Delta region is extremely heterogeneous with respect to culture and ethnicity. The five major linguistic and cultural groups-the Ijoid (Ijaw), Edoid (Edo), Delta Cross, Yoruboid (Yoruba) and Igboid (Igbo)-are each composed of numerous sub-groups. The Ijoid, who are said to have the longest settlement history in the Niger Delta, are the most complex linguistically. Each of the numerous clans of this group has some linguistic and cultural distinctiveness. In certain cases, villages in the same clan have linguistic differences. This group which occupies virtually the whole of Bayelsa State, is also found in Rivers, Akwa Ibom, Delta, Edo and Ondo states.

The ethno-cultural complexity of the Niger Delta region is vividly illustrated by the fact that even a small ethnic group like the Ogoni (about 500,000 people) is made up of at least four cultural groups: the Khana, Gokama, Tai and Eleme.

2.4 Population, Sex and Age StructureBased on the 2006 census, the population of the four SEEFOR States stands at 14, 205,481 (Table 1). As shown, across the States, there is almost an even distribution of population between men and women in the Niger Delta region.

With regard to age structure, the UN Niger Delta Human Development Report of 2006 stated that ‘available information on the age structure of the population of states in the Niger Delta region depicts a large segment of young people below 30 years of age.’

Table 1: Population Census of 2006 for four SEEFOR States S/No State Land area

(kms2)Males Females Total

1 Bayelsa 11,007 902,648 800,710 1 ,703,3582 Delta 17163 2 ,074,306 2,024,085 4 ,098,3914. Edo - 1 ,640,461 1,577,871 3 ,218,3323 Rivers 10,378 2 ,710,665 2,474,735 5 ,185,400Total 7,328,080 6,877,401 14,205,481

2.5 Settlement Patterns and Size Distribution of SettlementsSmall settlements with less than 1,000 people) dominate in the Niger Delta, followed by settlements in the range of 1,000 to 5,000 people. In particular, large settlements with populations of 20,000 or more are few in the Niger Delta. This is understandable as the Settlement patterns in the delta are influenced by topography and drainage, viz:

Map 4: Main Niger Delta Linguistic


In the coastal beach ridge zone, dry land is readily available, though in narrow strips.Settlements in this area typically stretch along the coast with little breadth. Various wide estuaries separate settled areas. A number of sizeable settlements, such as Bonny, Akassa and New Forcados, are located here.

Given the fact that the mangrove swamp zone is a massive swamp with scattered islands, population is sparsely distributed.The swamp is virtually uninhabited except for fishing camps; some settlements exist on dry islands. Settlement size is dependent on the size of a given island. Large settlements include Buguma, Nembe and Burutu.

Land is more or less continuous in the freshwater swamp region, save for the numerous creeks. Since much of the land is swampy, habitation is usually in areas of high land. The levees along the rivers and creeks are the favoured sites, and often densely populated. Other areas are very sparsely settled.

Of all the zones, the lowland rainforest zone provides the best places for settlement. Most of the large settlements are found here, although the largest towns in the Niger Delta-Port Harcourt and Warri-are found in the transition zone between swampland and the m-ore solid land of the lowland rainforests.

2.6 EconomyFishing and agriculture are the two major traditional occupations of the Niger Delta peoples. During the colonial era, forestry was introduced as the third major economic activity in the region. Today, agriculture, fishing and forestry still account for about 44 per cent of employment.All three economic activities have declined since the ascendancy of the oil industry. The urban sector, with its concentration of informal sector activities, plays a growing role in the economy of the Niger Delta region. Trading (17.4 per cent), services (9.8 per cent) and miscellaneous activities (11.1 per cent) are the most important areas of employment, after agriculture, fishing and forestry overall. But a strong informal sector economic base is also growing in rural areas.One major contemporary challenge facing the region's economy may be how to revamp the rural economy by optimizing and modernizing agriculture as well as fishing.

The potential industries that reflect the relative advantages and natural characteristics of each SEEFOR state are outlined in Table 2.




Table 2: Potential for Rural Economic Growth in SEEFOR States

Source: NDDC Niger Delta Region Master Plan

2.6.1 Economic Growth That Promotes Sustainable LivelihoodsExperience in other parts of the world has shown that in order to promote economic growth in backward regions, certain industries have the ability to generate the necessary backward and forward links to galvanize the local economy. Such propulsive industries are referred to as growth poles. They act like magnets, drawing other industries to their localities, as well as labour, social facilities and services, and infrastructural developments that ultimately foster economic development.The growth pole strategy could work in the Niger Delta, especially given the preponderance of small settlements and the low purchasing power of most of the people. Potential propulsive industries in the urban areas of the Niger Delta State are outlined in Table 3.




Table 3: Urban Growth Poles and Their Potential Economic Activities in SEEFOR States State City Enterprise- Enterprise- R & D medium & Large Micro Small Specilisation

Source: NDDC Niger Delta Region Master Plan

2.7 Small and Medium EnterprisesA number of small and medium enterprises could be found in the four states. When considered individually, small and medium enterprises often look too limited to make any meaningful impact on the economy. But when taken as a group, their contribution can be significant.

Table 4 gives a sectoral distribution of Small and Medium Enterprises in the states in Niger Delta, specifically the SEEFOR states. An institutional framework would strengthen these enterprises by allowing a diagnosis of obstacles and the identification of possible solutions.

Table 4: Small and Medium Enterprises in the Niger Delta

Source: Niger Delta Regional Master Plan Sector Report on Micro and Small Enterprises, Wider Perspectives Ltd., 2004 p. 35




2.8 Infrastructure and Social ServicesIn general, the available social development indicators in the Niger Delta region point to inadequate, unavailable and poor quality infrastructure and social services, from water to telecommunications. The historical neglect of the region's development poses a steep barrier to attaining socio-economic transformation and poverty alleviation.

2.9 Capital Assets 2.9.1 Human Capital AssetsThis includes the skills, knowledge, ability to labour and good health important to pursuing different livelihood strategies. UNDP (2005) noted that the available occupational and vocational data imply that the level of vocational skills acquisition in the Niger Delta is low. This comes both from policy neglect and public misconceptions about the inherent value of vocational training for both formal and informal employment.The number of formal vocational training institutions is also inadequate. More institutions and better policies are needed for people to acquire skills and develop the capacities that lead to productive and sustainable livelihoods, through entrepreneurship and self-employment.

It is noteworthy to say, that the various state government as outlined in the Section for Institution, have churned out programmes and establishment directed at enhancing available human capital.

2.9.2 Natural CapitalNatural resource implies stocks from which resource flows useful for livelihoods are derived (land, water, wildlife, biodiversity, environmental resources, etc.). The States have an enormously rich natural endowment in the form of land, water, forests and fauna. These assets, however, have been subjected to extreme degradation due to oil prospecting. For many people, this loss has been a direct route into poverty, as natural resources have traditionally been primary sources of sustenance.

Annex 2 summarises the raw materials and possible uses from the remaining available natural resources in the Niger Delta.

2.9.3 Social CapitalThe social resources (networks, membership groups, relationships of trust, access to wider institutions of society) upon which people draw in pursuit of livelihoods.

In the SEEFOR States, most communities have a variety of support groups, including cooperatives, local savings and credit or isusu systems, informal work exchange groups and religious organizations.

There has been a growth of some urban types of income-generation in rural areas, which reduces the flow of migrants to the cities and opens opportunities for rural dwellers. Cabinet-making, block-moulding, motor vehicle repair, metal fabrication and larger scale retail activities had previously been largely limited to urban or peri-urban areas, but are now being extended to rural localities.




2.10 Cultural ResourcesCultural resources in any country are very important in identifying any particular group of people. In some cultures, rivers, mountains, trees, etc are revered. There are sacred groves and shrines, religious artifacts and places of worship- churches, Masjid (Mosques), cemeteries, etc, which people tend to have emotional attachment and sensibility. In the Niger Delta, scared shrines, lakes and forests are scattered throughout the study area. Sacred forests, streams and lakes are categorized as cultural and natural resources, to which most of communities had access. While some of these resources which are revered or worshipped are within the community, others are some distance away. Table 5 contains a list of protected areas in the Niger Delta States

2.11 Social structure/trends and social groupsSeveral social groups exist in the communities. Their origins depend on their mission. Church-related groups had existed for several years and are interested in the spiritual well being of their members. Some elders stated that the community organisations had existed since the beginning of their communities. These organisations include:

Women Associations Youth Associations Cooperatives Social Clubs Age Grades Community Development Associations

2.12 Community power structure and governanceThe power structure of each community has the paramount ruler at the apex. The council of chiefs, Elders, CDC, Youths leaders, Women leaders, Age grades and

However, it should be noted that the major socio-political results of the changes in the Niger Delta have included the disintegration of societal values and the loss of traditional authority structures. In earlier times, youth were typically at the bottom of the hierarchy. Today, traditional rulers and elders in the various communities have lost control over the youths. They have worked out their own, largely unsustainable ways of reaching and dealing with the oil companies, governments at all levels, and national and international


Table 5: List of Protected Areas in the Niger Delta States



organizations. The influx of ‘stranger’ elements from other parts of the country and abroad has further diluted local cultures and safeguards. A whole new class of middlemen controls the sale and distribution of goods, down to the village level.For the environment and natural resources, this means that traditional arrangements for resource use and land management have virtually broken down. Clan rulers, village elders and family heads can no longer be relied upon to enforce traditional practices, which have negative consequences for the environment. Sustainable resource and environmental management will require local people to once more become active participants in using and overseeing local resources, including as partners with development agencies.

2.13 Conflict and management of conflict According to UN Report (2002), especially since the 1990s, the Niger Delta assumed the character of a conflict-ridden region. The delta’s peculiarities as the cradle of Nigeria’s oil industry and its associated externalities, the realities of a constricted land area, a fragile environment compounding difficult geographical terrain, the heterogeneity of cultures, extreme economic deprivations, and competition by individuals and communities for a greater share of the natural wealth of the region have combined to create a theatre of almost permanent violence.

There have been a number of conflicts amongst communities and between communities and companies. Some of the reasons include:

Non-recognition of community as stakeholder Oil spillages Border/land disputes Agitation for employment Refusal of companies to repair damaged roads Non-payment of compensation Non-compliance with court rulings and orders Failure to honour MOUs Perceived intimidation of the communities Perceived .divide and rule tactics. Ineffective communication channels

Many conflicts have centered on renegotiating the memorandums of understanding that communities negotiate with the oil companies for benefits meant to compensate everyone in the community for the consequences of the oil activities.Since there are no standard or regulated compensation rates for either exploitation or spillage, different rates are paid to different communities. Conflicts arise when communities realize that they have not bargained hard enough and have not secured as many benefits as other communities.

2.13.1 Governance and ConflictThe people of the Niger Delta region strongly believe that their various governments (state and local) have failed them (Table 6). This is because directly or indirectly, the government and its agencies, through negligence or outright failure, have over the years




been implicated in most conflicts in the region. For instance, the government is seen to have fallen short on ensuring a proper legal and social environment for peaceful conflict resolution, which has contributed significantly to the emergence of parties that resort to violence in the Niger Delta. Regulations have been inadequate in terms of requiring companies to adopt and operate uniform corporate responsibility measures. This has been behind the problems with variations in the memorandums of understanding with host communities.

The failure of governance also incites violent conflict. When people feel betrayed by the government through its neglect of their well-being and security, they may resort to violence to seek redress. Declining economic performance leading to rising unemployment or underemployment; a lack of access to basic necessities of life like water, shelter, health facilities, food and clothing; discriminatory policies that deny access to positions of authority and influence so people can participate in shaping the rules by which they are governed.

Table 6: What the People of the Niger Delta Most Dislike about the Region

Source: ERML fieldwork 2005

Corruption aggravates feelings of being cheated when the rulers are seen to live ostentatiously amid mass poverty and extreme want.

2.13.2 Economic and Social Costs of ConflictThe economic and social costs of conflict in the Niger Delta region are enormous, both directly and in terms of lost opportunities. A general agreement among all stakeholders, including the various tiers of government, the local people, civil society organizations and the oil companies, is that sustainable development cannot be achieved in the face of constant fighting.The most obvious public concern is the disruption of oil exploitation and allied activities, which drags down the economy and leads to the loss of foreign exchange sorely needed to finance national development. Blown pipelines disrupt the supply of crude oil to refineries and result in shortages of petroleum products and energy. The international oil market feels the shock through sudden rises in crude oil prices.

Violence hurts individuals and communities by endangering their livelihoods. It discourages investments in the region that could bring new jobs. Whole villages have SEEFOR Resettlement Policy Framework Prepared by Multiple Development Services [email protected],m 34



been destroyed and the populace displaced because of conflict that could have been amicably resolved.Diminished prospects for children unable to go to school as a result of violence constrain the development of critically needed human capital.

2.13.3 Conflict resolution strategyDue to the inter-and-intra community conflicts, government and community conflicts, oil companies and community conflicts which had existed conflict resolution strategy does exist in a number of the communities and some States (such as Bayelsa) have indeed set up such establishment.UN report noted that the lack of appropriate avenues for redress is one of the major causes of the conflicts in the region.The following strategies are used in resolving conflict in the communities: community meetings, elders-in-council, dialogue, council of chiefs, appeals and summons, elders assembly, religious leaders, juju priests, youth council, women groups, the police and courts.Conflict resolution could attract penalties such as fines, seizures of assets and ostracisation.

In addition, some State Government, such as Bayelsa, has set Agencies directly responsible for conflict resolution.

2.14 SEEFOR - A Catalyst for Development and Growth The Niger Delta in the midst of vast oil wealth has witnessed frustrated expectations, fostered widespread indignation, entrenched deep-rooted and destructive mistrust, and incited unprecedented restiveness. The result has been a general deterioration of economic, social and political cohesion - productivity losses, weak entrepreneurial skills, the destruction of traditional institutions that formerly served as reservoirs of social capital, the disregard of formal and informal authorities, and insecure property rights.

The chaotic and desperate situation in the Niger Delta condemns youth to a future without hope. No young person with healthy aspirations can fail to appreciate that his life chances depend upon more massive investments in social and economic infrastructure, and the more responsible harnessing of the natural endowments of the environment. For their part, women bear the greater brunt of poverty in the region. They receive the short end on all fronts, whether in terms of jobs, water, health facilities, schools or environmental resources.

With peace gradually returning to the regions, it has become relevant to catalyse development with growth that is pro-poor and have in mind the youths and women. It must promote employment and guarantee sustainable livelihoods that expand people’s capacities to generate and maintain their means of living, and enhance their well-being and that of future generations. The viability and effectiveness of development strategies to improve livelihoods depends upon the availability of assets, services and opportunities, which can be either enhanced or adversely undercut by social structures, ecological factors or institutional processes.




It should allow individuals to meaningfully and productively live their lives while contributing to society. Sustainable livelihoods hinge on job creation and high-value products that yield income for poor and vulnerable groups.

Best practices across the globe have shown that vital factors include a healthy environment, opportunities to acquire skills, the diversification of the economy, resource management and control, and financial empowerment, such as through credit for micro- and small enterprises.For the Niger Delta region to become economically prosperous, socially stable, ecologically regenerative and politically peaceful, its people need sustainable livelihoods, which is the main focus of SEEFOR.

2.15 Potentially Affected Persons and the numbers likely to be involved The lack of work, a good direct measurement of unemployment, has been most markedly pronounced in Delta, Rivers and Bayelsa states, which also have the highest incidence of youth restiveness and conflicts. The percentage of unemployed household members on the basis of lack of available work in these states by far surpasses the average for the region noted the UN report on Niger Delta.

SEEFOR is seen as a bridge through which this rate of unemployment could be reduced tremendously in the region. However, at this stage of SEEFOR preparation, accurate figures with regard to amount of land-space to be used, exact location of and actual sub-project activities, and numbers of affected peoples, are not available.

It is envisaged that the Social Assessment would provide more information on these and even estimates. Exact locations, extent and sub-project activities and number of project affected persons will become available when the feasibility studies are finalized, and the censuses for the RAPs completed.




SECTION 3 NIGERIAN LEGAL/INSTITUTIONAL GUIDELINES & REQUIREMENTS AND WORLD BANK SAFEGUARDS POLICIES

3.1 IntroductionLand ownership in Nigeria is subject to a range of diverse cultural and traditional practices and customs. Land can be classified according to the following broad categories:

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

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

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

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

immediate family, depending on customary practices

The legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978, reviewed under Cap 202, 1990. The relevant Bank policy (OP) 4.12, which addresses land acquisition and resettlement, was adopted in 2001. The differences between the Land Use Act and the Bank’s OP 4.12 mostly concern rehabilitation measures, which are neither proscribed nor mandated in the Act.

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

3.2 Land Use Act of 1978 and Resettlement ProceduresThe Land Use Act Cap 202, 1990 Laws of the Federation of Nigeria 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 summarised in this section.

The Land Use Act is the applicable law regarding ownership, transfer, acquisition and all such dealings on Land. The provisions of the Act vest every Parcel of Land in every State of the Federation in the Executive Governor of the State. He holds such parcel of land in trust for the people and government of the State. The Act categorized the land in a state to urban and non-urban or local areas. The administration of the urban land is vested in the Governor, while the latter is vested in the Local Government Councils. At any rate, all 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”.




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

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

The State is required to establish an administrative system for the revocation of the rights of occupancy, and payment of compensation for the affected parties. So, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each State that determines disputes as to compensation payable for improvements on the land. (Section 2 (2) (c).

In addition, each State is required to set up a Land Allocation Advisory Committee, to advise the Local Government on matters related to the management of land. The holder or occupier of such revoked land is to be entitled to the value of the unexhausted development as at the date of revocation. (Section 6) (5). Where land subject to customary right of Occupancy and used for agricultural purposes is revoked under the Land Use Act, the local government can allocate alternative land for the same purpose (section 6) (6).

If local government refuses or neglects within a reasonable time to pay compensation to a holder or occupier, the Governor may proceed to effect assessment under section 29 and direct the Local Government to pay the amount of such compensation to the holder or occupier. (Section 6) (7).

Where a right of occupancy is revoked on the ground either that the land is required by the Local, State or Federal Government for public purpose or for the extraction of building materials, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. Unexhausted improvement has been defined by the Act as:

anything of any quality permanently attached to the land directly resulting from the expenditure of capital or labour by any occupier or any person acting on his behalf, and increasing the productive capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or trees, fencing walls,




roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce.

Developed Land is also defined in the generous manner under Section 50(1) as follows: land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes.

It follows from the foregoing that compensation is not payable on vacant land on which there exist no physical improvements resulting from the expenditure of capital or labour. The compensation payable is the estimated value of the unexhausted improvements at the date of revocation.

Payment of such compensation to the holder and the occupier as suggested by the Act is confusing. Does it refer to holder in physical occupation of the land or two different persons entitled to compensation perhaps in equal shares? The correct view appears to follow from the general tenor of the Act. First, the presumption is more likely to be the owner of such unexhausted improvements. Secondly, the provision of section 6(5) of the Act, which makes compensation payable to the holder and the occupier according to their respective interests, gives a pre-emptory directive as to who shall be entitled to what.

Again the Act provides in section 30 that where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee. It is clear from section 47 (2) of the Act that no further appeal will lie from the decision of such a committee. If this is so, then the provision is not only retrospective but also conflicts with the fundamental principle of natural justice, which requires that a person shall not be a judge in his own cause. The Act must, in making this provision, have proceeded on the basis that the committee is a distinct body quite different from the Governor or the Local Government. It is submitted, however, that it will be difficult to persuade the public that this is so since the members of the committee are all appointees of the Governor.Where a right of occupancy is revoked for public purposes within the state of the Federation; or on the ground of requirement of the land for the extraction of building materials, the quantum of compensation shall be as follows:

In respect of the land, an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked.

in respect of the building, installation or improvements therein, for the amount of the replacement cost of the building, installation or improvements to be assessed on the basis of prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation. With regards to reclamation works, the quantum of compensation is such cost as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer.




in respect of crops on land, the quantum of compensation is an amount equal to the value as prescribed and determined by the appropriate officer.

Where the right of occupancy revoked is in respect of a part of a larger portion of land, compensation shall be computed in respect of the whole land for an amount equal in rent, if any, paid by the occupier during the year in which the right of occupancy was revoked less a proportionate amount calculated in relation to the area not affected by the revocation; and any interest payable shall be assessed and computed in the like manner. Where there is any building installation or improvement or crops on the portion revoked, the quantum of compensation shall follow that outlined in paragraph (ii) above and any interest payable shall be computed in like manner.

3.3 Forestry ActThis Act of 1958 provides for the preservation of forests and the setting up of forest reserves. It is an offence, punishable with up to 6 months imprisonment, to cut down trees over 2ft in girth or to set fire to the forest except under special circumstances.Nigeria is at present a wood deficit nation. In order to ameliorate the situation, the policy on forest resources management and sustainable use is aimed at achieving self-sufficiency in all aspects of forest production through the use of sound forest management techniques as well as the mobilization of human and material resources. The overall objectives of forest policy are to prevent further deforestation and to recreate forest cover, either for productive or for protective purposes, on already deforested fragile land. Specifically, the National Agricultural Policy of 1988 in which the Forestry Policy is subsumed, provides for:

Consolidation and expansion of the forest estate in Nigeria and its management for sustained yield.

Regeneration of the forests at rates higher than exploitation. Conservation and protection of the environment viz: forest, soil, water, flora,

fauna and the protection of the forest resources from fires, cattle grazers and illegal encroachment.

Development of Forestry industry through the harvesting and utilisation of timber, its derivatives and the reduction of wastes.

Wildlife conservation, management and development through the creation and effective management of national parks, game reserves, tourist and recreational facilities, etc.

3.4 World Bank Policy on Involuntary Resettlement (OP.4.12)The World Bank’s policy on involuntary resettlement will be applied in any sub-project of the SEEFOR that displaces people from land or productive resources and which results in relocation, the loss of shelter, loss of assets or access to assets important to production, the loss of income sources or means of livelihood. For such projects the World Bank requires the preparation of a resettlement policy framework to guide the project as sub-projects are selected and specific resettlement action plans (RAPs) for each sub-project are prepared. The RPF must be ready, accepted and publicly disclosed before the Bank will appraise the project and it is expected to define the principles and procedures for resettlement operations: land acquisition; valuation; compensation and reporting; for the




SEEFOR investment; in accordance with National and World Bank safeguard policies related to involuntary resettlement; (OP4. 12).

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

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

(ii) Compensated for their losses at full replacement cost prior to civil works; (iii) Assisted with the move and supported during the transitional period in the

resettlement site; and (iv) Assisted in their effort to improve their former living standards, income

earning capacity and production levels or at least to restore them.

3.5 Nigerian Law and World Bank OP 4.12 on Compensation– A ComparisonIn Table 7, a comparison between compensation in Nigerian Land law and the WB policy is shown. Whereas the law relating to land administration in Nigeria is wide and varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank’s OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by a cut -off date.

The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons. Thus all land to be acquired by the government for this project would be so acquired subject to the Laws of Nigeria and the Bank OP4.12. However, in the event of divergence between the two, that of the World Bank Safeguards policy on involuntary settlement shall take precedence over Nigeria Land Use Act as Bank.

Table 7: Comparison of Nigerian Law and World Bank OP4.12 regarding compensationS/N Category of

PAPS/ Type of Lost Assets

Nigerian Law World Bank OP4.12

1 Land Owners Cash compensation based upon market value.

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

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

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

3 Land Users Not entitled to compensation Entitled to compensation for SEEFOR Resettlement Policy Framework Prepared by Multiple Development Services [email protected],m 41



for land, entitled to compensation for crops.

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

4 Owners of “Non permanent” Buildings

Cash compensation based on market value. (Those without formal rights or claims on the semi-permanent structures are not entitled to resettlement assistance or compensation)

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

5 Owners of “Permanent” buildings

Cash Compensation is based on market value.

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

6. Those without recognizable legal right or claim to the land they are occupying (squatters)

Not entitled to compensation for land or structures

Resettlement assistance, including land, other assets, cash, employment, etc.




SECTION 4 PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PREPARATION AND IMPLEMENTATION

4.1 The Principle and Objectives It is generally recognized that the impacts due to involuntary resettlement from development projects give rise to severe economic, social and environmental risks if left unmitigated. These result in production systems being disrupted/dismantled, impoverishment when people’s productive skills are made less applicable; weakening of community institutions and social networks; dispersal/displacement of kin/clan groups; and diminishing or losing of cultural identity, traditional authority, and the potential for mutual help.

It is against this background that the World Bank resettlement policy, OP 4.12 is developed to ensure that the negative impacts of development on people do not occur. And even it does occur or the policy is triggered as the SEEFOR could, the affected persons/people are compensated for their loss (of land, property or access) either in kind or in cash of which, in most cases the former is preferred

Under the WB OP 4.12, those affected by resettlement are defined as those who are directly affected socially and economically by: (a) The involuntary taking of land and other assets resulting in:

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

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

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

The Bank Safeguard Policy OP 4.12 applies to SEEFOR in:1. All components under the project, whether or not they are directly funded in

whole or in part by the Bank. 2. All displaced persons regardless of the total number affected the severity of the

impact and whether or not they have legal title to the land.

The SEEFOR RPF adopts the following principles:• Involuntary resettlement and land acquisition will be avoided where feasible, or

minimized, where it cannot be eliminated.• Where involuntary resettlement and land acquisition are unavoidable, resettlement

and compensation activities will be conceived and executed as sustainable development programs, providing resources to give PAPs the opportunity to share project benefits.




• PAPs will be meaningfully consulted and will participate in planning and implementing both the resettlement and the agricultural development programs funded under SEEFOR.

• PAPs will be assisted in their efforts to ideally improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher. Impacts on the PAPs are measured by the quantity of land to be acquired / lost and residual land and its economic viability. Once the severity of impact has been considered an entitlement option is selected.

• Measures to address resettlement shall ensure that project affected peoples are informed about their options and rights pertaining to resettlement, are included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives. They will also be provided prompt and effective compensation at full replacement cost for losses of assets and access attributable to the subproject(s).

• The policy applies to all PAPs regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Informal or customary tenure is to be treated in the same manner as formal, legal titles.

As required by the policy, implementation of individual resettlement and compensation plans under the SEEFOR are a prerequisite for the commencement of project activities causing resettlement, such as land acquisition, to ensure that displacement or restriction to access does not occur before necessary measures for resettlement and compensation are put in place.

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

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

4.2 Vulnerable PAPsSEEFOR would particularly pay attention to the needs of vulnerable groups among those displaced such as those below the poverty line of $1/day; the landless, the elderly, women and children or other displaced persons who may not be protected through Nigerian land compensation legislation. The objective is to provide whatever additional assistance that may be necessary to restore pre-project living standards of these extraordinary needing persons.




Some of the vulnerable PAPs likely to be found in the proposed project States and who will require special consideration are highlighted below:

i) Internally Displaced Persons-This group from the past troubles has little or no rights, are often the poorest of the poor, destitute, unskilled, unemployed and unemployable and often shunned by rest of contemporary society.

ii) Elderly personsElderly people farm or carry out some other form of work as long as they are able. Their economic viability may depend on how much land they farm or how much they produce because, by producing even small amounts of food to “exchange” with others, they can subsist on cooked food and generous return gifts of cereal from people such as their kith, kin and neighbors. Losing land or business will affect their economic viability. However, resettlement would damage their economic viability even more than losing land since it will separate them from the person or household on whom they depend for their support.

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

iv) Orphans and street childrenDue to the impacts of the past conflicts, there are a number of orphaned children. These children, who have lost at least one parent, fall into three categories of care namely:

1) Those being looked after by close relatives, 2) Those being looked after by the government, local authorities or NGOs and 3) Those living alone and providing for themselves and other siblings. These

children are more vulnerable since they are often “voiceless” because they have no parents to defend or stand up for them and also because they are considered too young to be heard.

Orphaned children engage in any form of economic activity to provide for themselves and their siblings, by engaging in activities such as manual work at open air markets, transporting loads for short distances, scavenging for waste paper and metals and other exploitative employment. Compensation for these orphans and street children, if they are affected by the projects in a way which requires their physical relocation, would take the form of paying for their rehabilitation and training to acquire useful vocational skills.

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




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

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

o Special consideration should be paid to these groups outlined above by identifying their needs from the socio-economic and baseline studies undertaken as part of the RAP process;

o The groups should be individually consulted and given opportunities to participate in the resettlement decision-making process, as well as project activities;

Furthermore, the resettlement policy applies to other activities resulting in involuntary resettlement, that in the judgment of the Bank are:

a) directly and significantly related to SEEFOR sub-projects b) necessary to achieve its objectives as set forth in the project documents; and c) Carried out, or planned to be carried out, at the same time as the project.

4.3 Risks to the Success of the SEEFOR ProjectThere is no gainsaying the fact that SEEFOR stands to benefit, in no small measures, the society as is being currently and inherently designed. However, there are considerable risks to the success of the project as a whole if the negative social impacts on some of the targeted beneficiaries are left unmitigated. These negative social impacts could come in the form of displacement, deprivation, etc. When this occurs, people will be affected, and the World Bank Safeguard Policy OP 4.12 will be triggered even though they may not have to move to another location.Lack of adequate attention to all the issues that would involve adequate compensation/replacement could snowball into a conflict which the policy frowns at very much.

The project activities and local government level officials may aggravate these tensions by requiring or subtly implying (implicitly or explicitly) that a few should sacrifice for the benefit of the many. It is therefore, particularly important to neutralize to the extent possible any socio-economic pressures in the communities that are likely to be exacerbated by involuntary resettlement, by facilitating the consultation and participation of those persons impacted by the project activities.




Therefore, offering affected people the opportunity to continue to participate in the planning process that would lead to the preparation of Resettlement Plans is essential and instrumental to the success of the SEEFOR project.

It is noteworthy that the main objective of this RPF is to ensure that project affected persons are meaningfully, consulted, have participated in the planning process, are adequately compensated to the extent that at least their pre-displacement incomes have been restored and that the process had been a fair and transparent one.

4.4 Sub-Project Implementation PrincipleThe implementation of individual RAPs must be completed prior to the implementation of subproject activities causing resettlement.

The Bank Safeguard Policy OP 4.12 applies to all components under the SEEFOR programme, whether or not they are directly funded in whole or in part by the Bank.




SECTION 5 DESCRIPTION OF THE PROCESS FOR PREPARING AND APPROVING RESETTLEMENT AND COMPENSATION PLAN

5.1 IntroductionTo address the impacts under the WB policy, resettlement and compensation plans must include measures to ensure that would- be displaced persons are;

(a) Informed about their options and rights pertaining to resettlement and compensation.

(b) Consulted on, offered choices among, and provided with technically and economically feasible resettlement and compensation alternatives.

(c) Provided prompt and effective compensation at full replacement cost for losses of assets and access, attributable to the project.

(d) Enabled to restore but preferably, to improve upon their pre-project living standards and conditions.

In Resettlement planning, screening of sub-projects is used to identify the type and nature of potential negative impacts resulting from activities proposed under the project and provides adequate measures to address these impacts. Thus for the SEEFOR, screening is part of the environmental and social screening checklist, as is detailed in the Environmental and Social Management Framework (ESMF) and as well presented herewith. The report of all the screening exercises will be sent to the World Bank for Concurrence.

Fig. 1 depicts the process of scoping for potential resettlement implications at the design and implementation stages of each individual sub-project which, essentially, include:• a screening process; • a socio-economic census and land asset inventory of the area; and


Green & Clean Solutions Ltd, 2009

Fig.1: Typical Process for Resettlement Plans (RAP)



• Identification of Project Affected Parties (PAPs). Thus before implementation of the subproject, three interrelated documents will have to be prepared, namely,

a) A socio-economic study (this study will include determination of impacts)b) Resettlement planc) A valuation report of land and landed properties of the site

5.2 The Screening ProcessFor the SEEFOR project, each sub project that is proposed to be included would be screened and classified according to its environmental and social impact. The screening and classification process should follow certain criteria already established and the mitigation measures that will be proposed vis-a-vis environmental and social issues should be in compliance with all Nigerian environmental policies/guidelines and World Bank Safeguard policies.

Thus it is expected that certain activities may/will not be funded by the project, including those likely to trigger selected safeguards for e.g. disputed areas, cultural property, and natural habitats.

The screening process would take the form of:1. General sub- project sub sector classification:

As outlined in the SEEFOR project description, classification would take into cognizance the following:oSupport to small Public Works Contracts to generate employment in the Urban

areas through award of small competitive contracts to the private sector to improve public space, reduce environmental hazards and enhance the efficiency of the existing road space, reduce vehicle operating cost and improve road safety, in particular pedestrian safety and maintenance of street lights.

oSupport in agriculture in rural areas through agricultural production, processing and marketing and engagement in areas of crops, animal husbandry, fishery and forestry.

oService delivery for economic and social improvement of rural and poor communities to support health, education, water, rural roads and rural energy, environment and sanitation, rural enterprise and livelihood activities, and safety net micro projects, solely executed by the communities or user groups themselves.

2. Ecological zonal location of Sub project: Based on the ecological formation of the region, sub-project location would be based on whether the subproject should be sited or not on the following zones:

Coastal Barrier Islands, Mangrove Swamp Forests, Freshwater Swamps, and Lowland Rainforests.




3. Classifying the sub projects by activity into the following categories; Identification of the type of sub-project, and determination of whether the

sub-project will trigger the resettlement policy. Sub-projects that entail repair/ rehabilitation or new construction, etc. In general subprojects for instance that repair and/or rehabilitate existing infrastructure will not trigger the resettlement policy. Those that entail new construction are more likely to trigger the policy if the activity involves acquisition of land and if displacement or restriction of access may result.

4. Identifying and evaluating potential impacts for each proposed sub project according to whether land is acquired and whether displacement or loss of access may result.

5. Triggering of the resettlement policy will be one criterion by which sub projects can be rejected.

6. Alternatively, triggering of the resettlement policy would require further preliminary determination of whether the sub project should be proposed or not, based on an assessment of the intensity of the impact and on the mitigation measures that would need to be developed and proposed.

o The communities and/or farmer groups may then determine whether or not to proceed to present the proposal to the PMU even where extensive/cumbersome mitigation measures are deemed necessary in the sub project.

o Determining the need for land acquisition and, if so, whether it is necessary to obtain legal title to the land. Under the right-of-occupancy land tenure system, legal title as expressed in a property deed is necessary.

7. Use of the Socio Economic Studies to identify affected people on the household level and vulnerable groups in the sub project impact area(s) and to calculate household economies.

The purpose of the socio-economic study is to collect baseline data within the chosen sites thereby enabling the social assessment of potentially affected populations/communities. The socio-economic study would focus on the identification of stakeholders, the participation process, identification of affected people (including owners and users of land) and baseline information on livelihoods and income.

It is essential to carry out census targeted at achieving the following: Provide initial information on the scale of resettlement to be undertaken; Identifies gaps in information and gives an indication of further socio-

economic research needed to quantify losses to be compensated and, if required, to design appropriate development interventions; and

Establishes indicators that can be measured at a later date during monitoring and evaluation.




The socio-economic census will be initiated by the PMU responsible for managing the sub-project. It may be the case that an independent consultant will need to be contracted to undertake the census, under close supervision of the PMU and sub-project Resettlement and Compensation Committees

8. Using the Resettlement Action Plans for resettlement issues and environmental assessments for environmental and social impacts.

o When a sub-project is expected to cause physical or economic resettlement, a RAP must be prepared by the PMU with public disclosure at the Federal Ministry of Environment and World bank’s infoshop. Once this is approved and cleared consensually by the relevant agencies, there will be need to monitor its implementation and supervision. The RAP will need to be as detailed as possible in order to guide resettlement of each of the sub-projects.

o In order to ensure robustness and consistency of the process, the preparation, implementation and monitoring of the RAPs will often need to be closely supported by training and technical assistance. Such capacity building activities have been provided for in this RPF budget.

The screening of sub-project will be undertaken with the use of the Screening Form as indicated in Annex 2 of this RPF. Annex 2 also contains a sample socioeconomic census and land asset inventory Form.

The Screening Form should be integrated with the screening mechanism proposed under the Environmental Management Framework, in order to streamline procedures. Screening will take place as early in the subproject process as possible, and it will identify land-take or other activities that will require resettlement. This process will be in consultation with the PAPs to ensure that it takes all considerations into account, and that all potential impacts are identified.

o Should the screening process show that resettlement will be required, the next step will be to conduct a socio-economic census and land asset inventory to determine the extent of resettlement required. This will be followed by the preparation of a RAP for the subproject.

o It should be noted that the State Agency/project Management Unit [PMU] will initiate this with the support of the Technical committee that will be established comprising key members of other relevant key stakeholders’ organisation, namely: representatives of the Local Governments, traditional chiefs, Community Development Association (CDA)/NGOs, the PMU and other relevant MDAs.

o The result/report of the screening process would be sent to the WB for approval/concurrence.

o The list of the sub projects investments that have potential resettlement issues will be subjected to a comprehensive sensitization and consultation process with the potentially impacted communities and the outcome of this process being documented for each site/location.




o The list and outcome of the consultative process for each site would then be sent to the respective local government council in the jurisdiction mandated to confirm, approve, disapprove, refer for further consultation and/or take a final decision on each proposed site/sub project.

9. Preparation of individual resettlement and compensation plans o Once the socio-economic census and identification of affected parties and

their assets are undertaken, the next step is to develop action plans to mitigate the impacts. The RAPs provides a link between the impacts identified and proposed mitigation measures to realize the objectives of involuntary resettlement. The RAPs will take into account magnitude of impacts and accordingly prepare a resettlement plan that is consistent with this framework for Bank approval before the sub-project is accepted for Bank financing.

o Sub-projects that will affect more than 200 people due to land acquisition and/or physical relocation would require a Socio-economic studies and a full Resettlement Action Plan (RAP).

o Sub-projects that will affect less than 200 people will require an abbreviated RAP; such plans will be prepared as soon as the sub-project is finalized and cleared prior to approval of the bid documents.

o Projects that are not expected to have any land acquisition or any other significant adverse social impacts are exempted from any further social intervention.

The preparations of RPs are anticipated to undertaken by a private consultant commissioned for this particular task. It will be prepared in consultation with affected parties, particularly in relation to the cut-off date for eligibility, disturbances to livelihoods and income-earning activities, methods of valuation, compensation payments, potential assistance and timeframes.

The terms of reference for conducting an SA are indicated as Annex 3. Indicative SEEFOR Resettlement Screening Form is shown in Annex 4 while the indicative outline of Resettlement Plans is provided in Annex 5. The basic elements of a RAP, as outlined in OP4.12 are provided in Boxes 1 and 2. Each element of a RAP is described in this RPF, but more detailed guidelines for preparing a RAP are available on the World Bank’s website (www.worldbank.org) or in the World Bank’s Resettlement and Rehabilitation Guidebook.

10. Ensuring that land required/acquired is not:(i) in disputed areas, (ii) cultural property, (iii) negatively affecting natives/peoples and (iv) is not in natural habitats.

This is a pre-condition for approval.




The above screening process which is summarized in Fig.1 shall be used by the local communities assisted by technical personnel in the Local Government in the preparation of their sub projects to enhance likelihood approval. At the level of the PMU, project proposals will be reviewed according to the same criteria. The PMU would also review the sub project Environmental Assessment (EA) reports as specified in the ESMF in line with the requirements of the Federal Ministry of Environment and World Bank Safeguard policy.

Furthermore, the PMU should as a guideline consider the cumulative factor and not approve sub projects that have individual high impact intensity. For example, where land acquisition is required to such an extent that it would require more than 20% of a community’s or individual household’s total land under cultivation or when the mitigation measures are so cumbersome that their efficacy cannot be ensured or they cost more than 20% of the investment budget, LG authorities should in general reject such proposals.

Before a decision to approve a sub project requiring a resettlement plan is taken, the PMU will need to approve the resettlement plan of the sub project together with the overall environmental and social screening process that has been applied for each sub project and to also approve or disapprove of the proposed mitigation measures, if any.

With respect to the SEEFOR project, Table 8 contains a sample of possible sub projects that may be proposed by the communities and/or farmer groups that would trigger the




involuntary resettlement policy with probable environmental and social impact.At the implementation of the SEEFOR the World Bank policy on Involuntary Resettlement OP4.12 is expected to be triggered. Then it is envisaged that the exact locations and sub-projects will be known and the Bank’s policy requires that then individual Resettlement Plans and compensations are prepared for each sub-project. The various plans that shall be prepared must be consistent with this RPF. Each sub-project will need to identify whether resettlement will occur, and, if it will, to define remedial action in a Resettlement Action Plan (RAP). Table 8: Sample of possible sub project that may be proposed by the communities and/or farmer groups that would trigger the involuntary resettlement policy with probable environmental and social impactSub project Impact? Triggered OP 4.12?

(yes/no)Expansion of area or consolidation of parcels for improved agriculturalProduction

Land acquisition, lack of access, loss of shelter. Risk of flooding.

Yes

5.3 Review and Submission of RAP/ARAP (RP) to Project AuthoritiesFollowing completion of the RP (RAP/ARAP) for a sub-project, the RP must be submitted for approval. The RAP is also to be submitted to the PMU to ensure compliance with the RPF, and consistency in approach between sub-projects. The PMU would in turn ensure that the RAP is properly disclosed publicly and at the World Bank infoshop. At the discretion of the World Bank, it may be requested that certain RAPs are also reviewed to ensure compliance with OP4.12 and any other relevant policies/ procedures. All RAPs will be sent to the World Bank for review and clearance to ensure compliance with OP4.12 and any other relevant policies/ procedures.


Fig.2: Steps in Social Screening Process


SECTION 6 ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF AFFECTED PERSONS

6.1 IntroductionIn this Section, eligibility criteria, which are necessary to determine who will be eligible for resettlement and benefits and to discourage inflow of ineligible persons are set out.

6.2 PrinciplesIt is recognised that whether or not the PAPs must move to another location or not, the involuntary taking of their land/disruption of business results in relocation or loss of shelter; and loss of assets or access to assets or loss of income sources or means of livelihood.

Thus for the establishment of criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance, it becomes most vital that meaningful consultations with the affected persons, local authorities and community leaders are done.OP 4.12 suggests the following three criteria for eligibility:-

a. Those who have formal rights to land including customary/communal land and traditional rights recognized under Nigerian Law.

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

c. Those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from before the cut of date, but are recognized under World Bank OP 4.12.

Those covered under (a) and (b) above are to be provided compensation for the land they lose, and other assistance in accordance with this RPF.Persons covered under (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this RPF, if they occupy the project area prior to a cut-off date established in close consultation with the potential PAPs, local community leaders and the respective local leader and acceptable to the World Bank.

Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance.All persons included in (a), (b) or (c) above are to be provided with compensation for loss of assets other than land. It is therefore clear that all project affected persons irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the entitlement cut-off date.

6.3 Eligibility CriteriaDefining eligibility criteria is essential for the resettlement/ rehabilitation process and compensation payments.

Once the sub-project has been legally approved and a permit provided, a RAP will be prepared for the sub-project. As part of the RAP, a census will be undertaken to identify all the PAPs and the related levels of impact. The date that the census begins is the cut-off date for eligibility for resettlement and compensation. It is key, therefore, that this date is fully communicated to all potential PAPs in the project affected area with sufficient time for these


people to ensure their availability for the Census. This communication will be done through the Sub-project Resettlement and Compensation Committees. Community leaders and representatives will also be charged with the responsibility to notify their members about the established cut-off date and its significance. The potential PAPs will be informed through both formal notification in writing and by verbal notification delivered in the in the presence of the community leaders or their representatives.

Once the census had been undertaken, the lists will be verified physically and with use of passport size photographs and validated by the relevant authorities. Once land users have been identified, their details and eligibility will be submitted to the Sub-project Resettlement and Compensation Committee. Once they have been verified and validated by the various States Land Bureau these new PAPs will be considered eligible for compensation.

The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas thereby posing a risk to the subproject. Therefore, establishment of a cut-off date is of critical importance.

Any person who suffers loss of or damage to an asset or loss of access to productive resources, as a result of SEEFOR projects will be considered eligible for compensation and/or resettlement assistance, provided the damage or loss is induced by the project and satisfies the conditions of the cut-off date (which will be set and enforced during the socio-economic survey). This is consistent with OP 4.12 of the World Bank.

The provisions under Clause 15 of the World Bank’s Operational Policy 4.12 will be followed:

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

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

Those who have no recognizable legal rights or claim to the land they are occupying.

6.4 Proof of EligibilityThe State Agencies will consider various forms of evidence as proof of eligibility to cover:

Affected persons with legal/formal legal rights, documented in the form of certificates of occupancy, tenancy agreements, rent receipts, building and planning permits, business operating licenses, utility bills among others. Unprocessed/unregistered formal legal documents will not bar eligibility and procedures for confirming authenticity of such documents will be established in the RAP.

Affected persons with no formal or recognized legal rights.

Criteria for establishing non-formal, undocumented or unrecognised claims to eligibility shall be established paying particular attention to each situation and its peculiarities. Alternative means of proof of eligibility will include:

Affidavit signed by landlords and tenants




Witnessing or evidence by recognized trade union heads, traditional authority, customary heads, community elders, family heads and elders and the general community.

6.5 Eligibility for Community Compensation It is important to note that the eligibility may be claimed collectively e.g. as a

community or religious group and does not necessarily have to be individuals or families. Communities on communal land that permanently lose land and/or access to assets and or resources under statutory or customary rights will be eligible for compensation. Example of community compensation could be for public toilets, market places, taxi parks, schools and health centres. The rationale for this is to ensure that the pre-project socio-economic status of communities where adversely impacted, is also restored.

Eligibility criteria will also be determined by the status of development up to when the study starts and will further be determined by other development approval as issued by the government. The consultant will interview key government officers in the various local government Areas.

6.6 Defining Entitlements and Preparing an Entitlement Matrix The basis of what is to be paid as compensation will be determined by identifying the most appropriate entitlement for each loss. Based on the entitlements, options for resettlement would be selected in accordance with Bank Policy OP 4.12 (6a (ii)) and the merits of the option.

The RAP planner will prepare an entitlement matrix with respect to both temporary and permanent displacement. This matrix will set the measure for the payment for all losses or impacts. It will also list the type of loss, criteria for eligibility and define entitlements as presented in Table 7.Based on this comparison, entitlement matrix presented below is designed to assist the process by bridging the gaps between requirements under Nigeria Law and the World Bank OP4.12. The higher of the two standards is followed in this entitlement matrix, since this procedure also satisfies the requirements of the lesser standard. The missing values in the entitlement matrix will be determined at the time the resettlement plans (RAPs) are being negotiated and prepared.

6.7 Loss of propertyThis includes loss of houses, crops and trees, structures, fixed improvements, businesses which should be compensated at market value, negotiated settlements, productivity valuation, material and labour valuation. In cases where the loss is partial, disposition of salvage material will be exercised. Cash payments may also be made if a small fraction of property is lost instead of replacing the whole property, but if the partial loss results in the PAPs not being economically viable then the property will be replaced. Those who lose houses will also be assisted with temporary residence (if necessary).

6.8 Loss of wages and incomeThese are persons who will lose their income due to the project. Workers losing employment in the process of relocation should be entitled to transitional income support.Compensation equivalent to lost income required for the duration of impact should be paid to the latter. In addition, PAPs will be entitled to transitional assistance, which include moving




expenses, temporary residence (if necessary), and employment in the project while waiting for employment. In difficult cases, local administration shall be used to judge eligibility as well as village committees.




6.9 Methods to Determine Cut-Off datesOnce the sub-project has been legally approved and a permit provided, a RAP will be prepared for the sub-project. As part of the RAP, a census will be undertaken to identify all the PAPs and the related levels of impact. The date that the census begins is the cut-off date for eligibility for resettlement and compensation. It is key, therefore, that this date is fully communicated to all potential PAPs in the project affected area with sufficient time for these people to ensure their availability for the Census.

This communication will be done through the Sub-project Resettlement and Compensation Committees. Community leaders and representatives will also be charged with the responsibility to notify their members about the established cut-off date and its significance. The potential PAPs will be informed through both formal notification in writing and by verbal notification delivered in the in the presence of the community leaders or their representatives.

Once the census had been undertaken, the lists will be verified physically and with use of passport size photographs and validated by the relevant authorities. These lists will then be reviewed and approved by the local authorities. Once these lists have been approved, thereafter, no new cases of affected people will be considered.

Where there are clearly no identified owners or users of land or assets, the respective Land authorities will notify the community leaders and representatives to help to identify and locate the land users. Once land users have been identified, their details and eligibility will be submitted to the Sub-project Resettlement and Compensation Committee. Once they have been verified and validated by the Land Bureau these new PAPs will be considered eligible for compensation.

The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas thereby posing a risk to the subproject. Therefore, establishment of a cut-off date is of critical importance.

Because the time period between the cut-off date and the time actual productive investments would start, bearing also in mind that only after PAPs have been compensated and any replacement structures built according to the requirements of this RPF, is likely to be anytime period from six months on, special attention needs to be taken to secure the sites from rush and opportunistic invasion. These measures should include close consultation with the recognized PAP’s, signs that inform general public of intended use of site, security patrols to identify opportunistic invaders etc. Table 9outlines the entitlement matrix.

Table 9: Entitlement MatrixCategory ofPAP

Type of Loss

ENTITLEMENTSCompensation for Loss of Structures

Compensation for Loss of Land and other Assets

Compensation for Loss of Income

Moving Allowance

Other Assistance

Property Loss of Full Replacement Land replacement at crops at market rates in None Amount to be




Owners Land Costs. new site, plus land

clearing by the

project

scarce season determined by

PMU

Loss of

Structure

or

Business

Compensation at full

replacement value

not depreciated.

Lump sum payment

of 6 months rent per

tenant

For lost rental income,

Lump sum cash payment


tenant.

Moving to be done free

by project

Disturbance

Allowance to be

determined by

PMU

Residential

Tenant:

Business

Tenant

Loss of

rental

accomm

odation

No loss of structure,

no entitlement to

housing at new site.

Replacement costs

for non-movables if

installation was

agreed with owner.

No loss of income Free moving if

notification before

deadline

Lump sum payment


tenant

Loss of

Premises

No Loss Replacement cost

for facilities that

cannot be moved

For loss of business

income, payment of half

of turnover for 3 months

Free moving if

notification before

deadline

N/A

Encroachers

(using Land)

Loss of

Land

None Where possible

assistance in

securing other

access to land for

crops growing

subject to approval

of local

authorities/commun

ities.

Crops at market rates in

scarce season. For street

vendors on right of ways

possible access to other

sites/locations

None Possible

employment with

civil works

contractors, etc.

and/or amount to be

determined by

PMU

Squatters

(living on Site)

Loss of

Shelter

Compensation at full

replacement value for

structure, relocation

to resettlement site,

with payment of site

rent.

None Payments in lieu of wages

while rebuilding

None Amount to be

determined by

PMU

Owners/

Farmers

Loss of

access to

land used

for

agricultu

re

None Crop compensation:

Where harvesting

prior to land loss is

not possible,

provide

replacement

seedlings for crops

lost plus cash

compensation for

value of production

lost.

Resettlement assistance:

Economic Rehabilitation

assistance: Once the PAP

has moved onto new land,

provide appropriate

assistance (financial or

other)

to cover the income

foregone due to lag times

with replanting at new

location (e.g., loss of

income from X number of

crop

production cycles, from

planting through to

harvesting). This should

be sufficient to cover

periods until crop

production is at

Free moving if

notification before

deadline

Economic

rehabilitation

assistance:

Provision of

training and

assistance where

cultivation of

unfamiliar crops is

required on

alternative land

(e.g., in line with

Land Use Master

Plan).




levels at least equivalent

to pre-displacement levels

Farm

Labourers

Wage None Economic

rehabilitation

assistance:

Provision of

training and

assistance where

cultivation of

unfamiliar crops is

required on

alternative land

(e.g., in line with

Land Use Master

Plan).

None Free moving if

notification before

deadline

Resettlement

assistance: Provide

access to work on

alternate land, and

provide food/ cash

compensation until

laborers are able to

restore alternate

employment.

Farm Tenants Crop

compens

ation

None Crop compensation:

Where harvesting

prior to land loss is

not possible,

provide

replacement

seedlings for crops

lost plus cash

compensation for

value of production

lost.

None Free moving if

notification before

deadline

Resettlement

assistance: Provide

cash compensation

for the income

foregone during the

period that the

tenant is without

land. In

addition, provide

assistance with the

transportation of

materials and

equipment to

replacement land.

SECTION 7 METHODS FOR VALUING ASSETS

7.1 Land acquisition processGenerally, in the various SEEFOR States, there is good arrangement in place for dealing with land acquisition managed by the Ministries of Lands, Survey and Urban Development, as the case may be in the carious States. The following typifies what largely obtains in the various States for land acquisition process and compensation issues:

Usually there are systems of land acquisition in the form of land Bank created by the States.




When a parcel of land is to be acquired, it is done in excess so that future needs are accounted of in the area.

The acquisition process include: o Description of parcel to be obtained and is excised, o This is published in the Newspapers and other mediums with a view to

notifying the owners of the land area and other relevant stakeholders.o Engagement of the landownerso Valuation of the development on the land (Compensation is made for the

development on the land and not the land)o Compensation is made usually in the event of land take for any development.

A compensation system based on December, 1993 Guideline for Recommended Maximum Compensation Rates for Economic Trees and Crops. Annex 6 contains an example of recommended compensation rate for Economic Trees and Crops from 2005.

o As the case may be squatters are encouraged to stay on the land that is acquired in some locations and they are given Temporary Occupier License on the land banks. These are usually given some 7-14days notice to vacate the locations when they are needed for development.

Thus SEEFOR land acquisition process, should take this process into consideration.

7.2 Organization Procedures for Valuation of Acquired LandValuation methods for affected land and assets would depend on the type of asset. The four land asset types identified under Nigeria law in this policy framework are:

(i) State (urban and non urban) owned Land(ii) Privately owned Land(iii) Assets held under Customary Law

State owned land would be allocated free by the Governor or Local Government (perhaps except for processing and registration fees). The State Agency would be expected to pay compensation to acquire land in this category in cases where the state-owned land is being used by landlords or squatters, settled upon or otherwise being used. Privately owned property, would have to be acquired at the market value. The guiding principle is that whoever was using the land to be acquired would be provided other land of equal size and quality.However, according to Nigeria law, assets held under customary rights are in the Local Government jurisdictions only and would have to be valued according to the following method and compensation paid for. The project would compensate for assets and investments, including labor, buildings, and other improvements, according to the provisions of the resettlement plan. Compensation rates would be market rates as of the date and time that the replacement is to be provided. Compensation would not be made after the entitlement cut-off date in compliance with this policy. Under customary law land belongs to chiefdoms, towns and villages. The permanent loss of any such land will be covered by community compensation, which will be in-kind, only. However, because the Bank’s policy on resettlement (OP4.12) makes no distinction between statute and customary rights, not only assets and investments will be compensated for, but also land. Thus, a customary land owner or land user on state owned land, will be compensated for land, assets, investments, loss of access etc. at market rates at the time of the loss.




7.3 Identification and Categorization of Loss and ImpactAs mentioned earlier, the SEEFOR project will not lead to any large scale acquisition of land or denial of access to usual means of livelihood.Nevertheless, Project affected persons will be identified by the types of losses they suffer or the impact of the project on them. Project personnel will:

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

ii. Establish the magnitude and coverage of impacts early in the project planning in order to justify the resettlement instrument to adopt. General categorization of losses will be done to reflect extent of loss in terms of the following: - Permanent or Temporary Loss;- Full or Partial Loss;- Minimal or Significant Loss.

iii. Determine specific losses or impacts to reflect the exact nature of loss whether visible and tangible or intangible and categorize into the following losses:- Physical loss of assets which will be determined by assessing the

interest or right to ownership, occupation and possession;- Loss of income, loss of livelihood and opportunities to employment;- Impacts arising from disturbance/disruptions.

Table 10 provides a generic category of losses/disturbance/disruptions which could arise from the various SEEFOR sub-projects and the support principle for broad category of impacts is summarized in Table 11.

Table 10: Categories of Likely Losses/Impact Category Type of LossLoss of Income and LivelihoodBusiness - Loss of rented income

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

Impact on accommodation

- Loss of Business, Residential or Industrial Accommodation or Room

Opportunity to Livelihood

- Loss of training or apprenticeship

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

Impacts arising from Disturbance/DisruptionsTemporary structures

- Loss of location and expense for moving structure

Impact on Access to Utilities

- Disconnection of utility services

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




Physical Loss of AssetsLand - Loss of land for residential, agricultural, commercial or

industrial useStructures - Main Buildings

- Ancillary Buildings- Fence walls- Shops, kiosks etc- Other Civil works – pavements, concrete kerbs, concrete wells

or reservoirs Source: Resettlement Handbook




Table 11: Support Principles for Different Types of Impacts

S/No. Type of Impact Support Principles1 Loss of land and

immovable assets• The Government will compensate the lost assets at

their replacement cost• The option of voluntary donation is available to the

asset owners2 Loss of House and

Shelter• Every effort will be made by the Government to ensure

that new housing is available before people are required to relocate.

• If resettlement sites are developed close to the existing villages the local “host population” will also be consulted about their views and needs, and be given appropriate support to reduce any negative impact caused by an influx of new people.

3 Loss of Livelihoodor IncomeOpportunities

• Assistance will be given to the affected population to reestablish their livelihood and income, and to compensate for temporary losses.

4 Group BasedDevelopmentOpportunities

• Through designs, provision of infrastructure, and other support mechanisms, the project will replace lost assets and minimize any negative impact on groups, particularly groups that are considered vulnerable.

5 Targeted Supportto VulnerableGroups

• Vulnerable groups will be provided with additional options as support mechanism than those not considered vulnerable.

6 Loss of access toland used forAgriculture

Crop compensation: Where harvesting prior to land loss is not possible, provide replacement seedlings for crops lost plus cash compensation for value of production lost.

Resettlement assistance: Provide cash compensation for the income foregone during the period that the PAP is without land. In addition, provide assistance with the transportation of materials and equipment to replacement land.

Economic Rehabilitation assistance: Once the PAP has moved onto new land, provide appropriate assistance (financial or other) to cover the income foregone due to lag times with replanting at new location (e.g., loss of income from X number of crop production cycles, from planting through to harvesting). This should be sufficient to cover periods until crop production is at levels at least equivalent to pre-displacement levels

7.4 Method of ValuationThe methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such




supplementary measures as are necessary to achieve replacement cost for lost assets. Valuation of assets affected by the SEEFOR projects will be conducted by a qualified surveyor.

In Nigeria, the Land Use Act establishes the general principle for the calculation of the value of assets to be taken when occupancy rights are revoked. Compensation is paid for future rents paid, crops, and buildings and installations. The appropriate officials refund rents already paid for use after revocation of the occupancy certificate. For structural improvements on the land, the amount of the replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the 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. (Section 29 4(b) These principles are complemented by implementation regulations that provide detailed compensation rates determined by the State Government. Such rates are adjusted periodically by the State to reflect changing construction costs.

A general principle that will be adopted in the formulation of the compensation valuation is that lost income and assets will be valued at their full replacement cost such that the project affected populations will experience no net loss. This is in accordance with the Resettlement principles and World Bank operational policy on involuntary resettlement, OP 4.12. In line with the above principle, State Agencies will conduct an all-encompassing survey and valuation of the assets and loss of income by the Project affected persons (PAPs).

7.5 Valuation procedureThe procedure to be followed during valuation of affected assets is as follows.

7.5.1 Use of Standard Valuation TablesSEEFOR would likely involve a large number of sub-projects. In the light of this and the localized nature of the majority of subproject interventions, it is anticipated that a relatively large number of small-scale asset valuations will need to be carried out during the course of the project. Thus it might be cumbersome and inefficient to deploy an individual valuation expert in each and every case.Hence this RPF proposes that an evaluation expert is contracted by the SA at the project outset to develop a standardized procedure for asset valuation, which can then be applied by a project representative at the local and/or state level. This standardized procedure would include a series of reference tables for estimating asset value by type according to the approximate size and condition of the existing asset.

The tables would be developed using legally acceptable valuation procedures accepted by both the State Governments and World Bank for purposes of fairness and consistency. The approach will consider replacement costs and types and levels of compensation under the Nigeria Law and in line with the Banks’ policy. Valuation of lost assets will be made at their replacement cost.

7.5.2 Preparation of Asset InventoryIn order to prepare an inventory of assets for a sub-project, a field team will visit the affected area to carry out an asset valuation survey. The team will be led by a project representative and will include the Local Authorities at the various levels, a representative of the PAPs, and SA.




During the survey, each asset will be enumerated and inscribed on an inventory and a valuation of the asset carried out. The values of each asset will then be recorded in a register and shown to the affected person for agreement. The register will be signed and a copy given on the spot to the affected person. The document will indicate when the affected person will be notified, and that the inventory will not be official until a second signed copy, verified by project supervisory staff, is returned to the affected person. At this time, a copy of the grievance procedure will also be given to the affected person as stated in the grievance redress mechanism.

7.5.3 Actual Assets InventoryTo ensure that during the project implementation persons displaced will be provided full replacement cost of lost structures and are able to rebuild or replace their structures without difficulties. The valuation will estimate building/structure compensation rates based on full replacement cost without depreciation. Key points which the valuation will take care of are as follows:

Collection of all relevant primary and secondary data on the affected property during final detailed valuation inspection and referencing to serve as basis for assessment of loss;

A comprehensive primary database for monitoring, evaluation and audit. Some relevant data to be captured by the valuers will be:

1. Land- Capture location details of the land- Identify the boundaries of the area/section of the land to be affected.- Take detailed measurement of the land area to be affected along the

affected boundaries.2. Buildings (Immovable Structures)

- Photograph all affected immovable properties - Detailed internal measurement of buildings, shops and structures will be done.

- Collate property details which will include noting affected accommodation details, constructional details of affected parts and external works (fence walls, gates, pavements) affected owner’s details etc where relevant.

3. Temporary Structures (Movable Properties)Gather data on temporary structures by categorizing temporary structures based on constructional details (wall materials, affixed to concrete slabs or not), size of structure and use of structure (business/residential) and type of business.

4. Intangible Assets (loss/impact arising from disturbance)Obtain relevant data on households affected (tenants, owners, relatives), apprentices/trainees and determine intangible loss on households, business and livelihoods

The basis of valuation would comply with the stated legal provisions and this necessitates that the basis of valuation must assess the “Open Market Capital Value”. The methods for valuation for the various losses are presented in Table 12.

Table 12: Method of ValuationS/No Loss of Land Comparative Sales Based on the open




Method market value of comparable recent land transactions

1 Loss of Buildings, structures and other civil works

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

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

2 Loss of Business Income and Loss of Business Goodwill

Comparative Method Based on the average monthly net profit

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

Comparative Sales Method

Based on the comparable rent passing, rent advance pai

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

Comparative Method Based on truck/transport hiring charges

5 - Loss of Wages-Loss of Fees from

Apprentice- Loss of Job Training

Comparative Method Based on Current Fees and Wages

6 Loss of access toland used foragriculture

Comparative method Based on Crop compensationResettlement assistance:.Economic Rehabilitation assistance:

7.5.4 Methods of CompensationIndividual and household compensation will be made in cash, in kind, and/or through assistance in the knowledge and presence of both man and wife and adult children where applicable. The type of compensation will be an individual choice although every effort will be made to instill the importance and preference of accepting in kind compensation if the loss amounts to more that 20% of the total loss of subsistence assets. Table 13 outlines forms of compensation that could be made.

Table 13: Forms of Compensation

Cash payments Compensation will be calculated in Naira. Rates will be adjusted for inflation

In-kind Compensation

Compensation may include items such as land, houses, other buildings, building materials, seedlings, agricultural inputs and financial credits for equipments

Assistance Assistance may include moving allowance, transportation assistance and labour.

7.6 Compensation Calculation for Assets




With the use of aforementioned standardized asset valuation Tables and/or the application of specific case by case valuations in the case of projects that have significant impacts, valuation and compensation of lost assets will be made at their replacement cost.

Examples of some kind of compensations are highlighted below:

7.6.1 Compensation for Buildings and StructuresThe preferred option is to provide alternate structures (huts, houses, farm outbuildings, latrines, storage facilities and fences etc.) of improved quality where possible. Where structures are dwellings, the replaced structure should provide improved living conditions.The second option is provision of cash compensation at full replacement value. Replacement values will be based on:

Measurements of structures and detail of materials used; Average replacement costs of different types of household buildings and

/structures based on collection of information on the numbers and types of materials used to construct different types of structures (e.g. poles, bricks, rafters, bundles of straw, corrugated iron sheets, doors etc.).

Prices of these items collected in different local markets; Costs for transportation and delivery of these items to acquired/

replacement land or building site; Estimates of construction of new buildings including labor required; Any associated taxes, registration fees.

Compensation will be made for structures that are (i) abandoned because of relocation or resettlement of an individual or household, or (ii) directly damaged by subproject activities.

7.6.2 Compensation for Community AssetsCompensation will be provided for community assets identified through the socio-economic survey. In all cases these will be provided in kind and new facilities will be provided even if there are existing facilities at the new location.

7.6.3 Compensation for Sacred SitesThis policy does not permit the use of land that is defined to be cultural property by the Bank’s Safeguards OP 4.11. Sacred sites include but not restricted only to; museums, altars, initiation centers, ritual sites, tombs and cemeteries. It includes other such sites or places/features that are accepted by local laws (including customary), practice, tradition and culture as sacred. To avoid any possible conflicts between individuals and/or communities/homesteads/chiefdoms the use of sacred sites for any project activity, is not permitted under this project.

7.6.4 Compensation for Loss of BusinessesAny structures will be replaced in an appropriate location as outlined above. In addition, compensation will be paid for the lost income and production during the transition period (time lag between losing the business and re-establishment). This will be estimated based on the daily or monthly income of the affected parties.

7.6.5 Compensation for LandCompensation for land is aimed at providing a PAP whose land is acquired and used for project purposes with compensation for land, labour, building and structures.




— Land MeasurementThe unit for the measurement of the land should be that one understandable by the PAPS. It is useful to have a conversion table where indigenous units of land can be compared to the modern measurement unit to enable every PAP appreciate the area under threat. Every measure should be taken to ensure that every PAP understands the unit of measurement for the land under threat. To ensure transparency in the system the PAP should be in a position to verify the size of the affected land using the units understandable to him/her.

— Calculation of Land Compensation RateAll "land" to be compensated using a single rate regardless of the crop grown. This rate incorporates the value of crops and the value of the labour invested in preparing a new land. Determining compensation using a single rate creates transparency because anyone can measure the area of land for which compensation is due and multiply that by a single rate known to all. This approach also allows assignment of values to previous year's land (land in which a farmer has already invested labour) and land that have been planted but have not yet sprouted. Further, it avoids contention over crop density and quality of mixed cropping. The value of the labour invested in preparing agricultural land will be compensated at the average wage in the community for the same period of time. The rate used for land compensation is to be updated to reflect values at the time when compensation is paid. Annex 7 shows example of calculation of Land Compensation Rate.

7.6.6 Compensation for Crops/Farm ProduceCompensation will be provided for crops and/or farm produce identified through the socio-economic survey. In all cases these will be provided in kind and new farms/seedlings will be provided even if the PAPS are given alternative locations for farming.

Determination of Crop Compensation RatesPrevailing prices for cash crops would have to be determined. Each type of crop is to be compensated for, using the same rate. This rate should incorporate the value for the crop and the value for the labor to be invested in preparing new land. It is however important that the PAP agrees with such rates otherwise new calculations may have to be done. The calculations are based on the number of crops and or the area cultivated. The value of the labour invested in preparing agricultural land will be compensated at the average wage in the community for the same period of time used to prepare. The rate used for land compensation should be updated to reflect values at the time compensation is paid. In total the compensation will cover the replacement value of crops plus labour in Nigerian Naira.

Compensation for Vegetable Gardens and Seasonal CropsVegetables are planted and harvested for daily use. Until a replacement garden can be harvested, the family displaced (economically or physically) as a result of the project will thereafter have to be compensated at the purchase prices of these items on the market. Seasonal crops are mostly for daily use such as vegetable gardens. Replacement costs are calculated based on what an adult will require to purchase such vegetables foods for a year.

7.7 Procedures for Delivery of CompensationThe procedure for delivery of compensation will be detailed in each RAP. The State Agencies will follow approved procedures ensuring that:

Full payment of compensation is carried out before possession of acquired sites




State Agencies formally make offers to affected persons and allow persons to accept or reject offer, offer a counter claim and seek redress under the grievance procedures established

Land/Asset valuation committee communicates the amount to be paid to the acquiring agency and the Ministry of lands will ensure that the amounts are fair and adequate.

Cheques shall be the preferred and first mode of payment; however payment may be by banker’s draft where the amounts involved are “minimal”. State Agencies shall make arrangements with nearest bank to effect payments by banker’s draft;

Payments are made to the affected person personally by the State Agency in the presence of Land/Asset Valuation Committee and an independent witness of the affected person/opinion leader

Proper receipts are issued and copies given to the affected person, the Finance Department of the State Agency and the Land/Asset Valuation committee;

Comprehensive reports on payment made are submitted for review by Management of the State Agency and the Land/Asset Valuation committee.




SECTION 8 ARRANGEMENTS FOR COMPENSATION AND GRIEVANCE MECHANISM

8.1 IntroductionThe compensation process for the subproject will involve several steps to be carried out in accordance with the resettlement and compensation plan and the RAP. A Compensation and Relocation Committee would be set up and be responsible for planning, coordinating and monitoring of compensation and relocation activities.

8.2 Steps involved in the compensation processThe compensation process, which will involve several steps, would be in accordance with the individual project resettlement and compensation plans:

Public Participation This process seeks the involvement and wishes of the PAPs and the communities in a participatory approach with the project, from the beginning to implementation.

Public participation with local communities will be an ongoing process throughout resettlement planning and this would have taken off at the screening stage. PAPs will be notified during the identification of subprojects and consulted with as part of the screening process.

The subsequent socio-economic survey will record all relevant information about the PAPs, and ensure that this is accurately reflected in the RAP in order to allocate the appropriate compensation. Periodic monitoring will ensure that PAPs have been consulted and that compensation and relocation has been carried out satisfactorily.This would ensure that no affected individual/household is simply “notified” one day that they are affected in this way.

Notification Landowners will be notified by the SA of that their property is required for development of the subproject. The user will be informed through both a formal notification, both written and verbal, to be delivered in the presence of the community heads and the Coordination Committee. To ensure that any sensitive areas are accurately identified during this procedure, all necessary community heads, religious leaders, other elders and individuals will accompany the project team to the site.

Documentation of Holdings and AssetsThe PMU officials and the local community will arrange meetings with the project affected persons to discuss the compensation process. For each individual or household affected, the project officials completes a compensation dossier containing necessary personal information on, the affected party and those individuals considered as household members, total land holdings, inventory of assets affected, and information for monitoring future arrangements. The dossier must be confirmed and witnessed by village/community officials and will be kept up-to-date. This is necessary because it ensures monitoring of an individual over time. All claims and assets should be documented in writing.




Agreement on Compensation and Preparation of Contracts The types of compensation must be clearly explained to the individual or household involved. The PMU will draw up a contract, listing all property and/or land being surrendered, and the types of compensation (cash and/or in-kind). A person selecting in-kind compensation has an order form, which is signed and witnessed. The compensation contract and the grievance redress mechanisms are to be read aloud in the presence of the affected party and the representative of the local government chairman (or his/her representative), the project officials, and other community leaders prior to signing.

Compensation Payments – All handing over of property such as land and buildings and compensation payments will be made in the presence of the affected party, representative of the state environmental agency and the community officials.

8.3 Community Compensation PaymentsCommunity compensation will be in-kind only for a community as a whole in the form of reconstruction of the structure to at least the same standard or equivalent better standard to that being built by the program in the area to serve the same function. Examples of community compensation include; School Building (public or religious), Public Toilets, Well or borehole, Market Place, Taxi Park, Road, Storage warehouse, etc.

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

8.4 Grievance Redress MechanismsGrievance redressal mechanism is an important aspect in projects involving land acquisition. The redressal of grievance is important to avoid unnecessary legal delays and cost overrun of the project. Also, this is a forum for people to express their dissatisfaction over compensation and R&R provisions.A Rehabilitation and Resettlement Committee shall be constituted within the PIU to monitor and review the progress of implementation of the scheme or plan of rehabilitation and resettlement of the affected families and to carry out post implementation social audits. Some main functions of the Committee are spelt out in Box 3.

8.4.1 Grievance redress processAt the time that the individual resettlement plans are approved and individual compensation contracts are signed, affected individuals and communities will have been informed of the process for expressing dissatisfaction and to seek redress. The grievance procedure will be simple and administered as far as possible at the local levels to facilitate access, flexibility


Box 3: Functions of the Rehabilitation and Resettlement Committee • publicize within the list of affected

persons and the functioning of the grievance redressal procedure established;

• evaluate grievances from affected persons concerning the application to them of the Entitlement Policy;

• recommend to the Social Officer, PIU as the case may be, solutions to such grievances from affected persons;

• communicate the decisions to the Claimants;

• hear appeals from persons, households or groups who, not being affected persons, believe that they are qualified to be recognized as affected persons, to recommend to the PIU whether such persons should be recognized as affected persons, and to communicate the decision of the PIU in that regard to the Claimants;

• ensure that all notices, forms, and other documentation required by Claimants are made available in Local language



and ensure transparency. All the grievances will be channeled via the Resettlement and Compensation Committee for each sub project at the sector level.

Grievances likely to arise include:

failure to register PAP or identity of individual is disputed;

losses not identified correctly;

inadequate assistance or not as per entitlement matrix;

dispute about ownership;

delay in

disbursement of assistance; and Improper distribution of assistance

Fig.3 gives a process flowchart for the grievance mechanism.

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


Fig. 3: Flowchart for Grievance Mechanism



For this reason, handling grievances will begin with the Local Government. A grievance log will be established by the project and copies of the records kept with all the relevant authorities

In addition, where displacement is unavoidable and displaced people are dissatisfied with the compensation and rehabilitation, The State Agencies will establish an informal forum for the presentation and consideration of individual complaints. The informal forum will include local government, and other concerned responsible parties, as deemed appropriate them. The existence, location, purpose and composition of this forum will be publicized, so that displaced persons are knowledgeable about the availability of this forum for resolving any grievance. If a grievance cannot be resolved in these informal venues, the complainant may take recourse to the administrative and legal systems for satisfaction.

8.4.2 Management of Reported GrievancesThe procedure for managing grievances should be as follows:

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

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

date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if appropriate) the date the complaint was closed out date response was sent to complainant.

8.4.4 Monitoring ComplaintsThe Project Liaison Officer will be responsible for:

providing the sub-project Resettlement and Compensation 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.




SECTION 9 IMPLEMENTATION SCHEDULE, LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS AND RPF IMPLEMENTATION BUDGET

9.1 IntroductionBefore any project activity is implemented, PAPs will need to be compensated in accordance with the resettlement policy framework. For activities involving land acquisition or loss, denial or restriction to access, it is further required that these measures include provision of compensation and of other assistance required for relocation prior to displacement and preparation of resettlement sites with adequate facilities, where required. Taking of land and related assets may take place only after compensation has been paid and where applicable, resettlement sites and moving allowances have been provided to displaced persons. For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the individual RAPs. The measures to ensure compliance with this RPF will be included in the RAPs that will be prepared for each land involving resettlement or compensation.

The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs. These include the target dates for start and completion of civil works, timetables for transfers of completed civil works to PAPs, and dates of possession of land that PAPs are using. The dates must be after transfer date for completed civil works to PAPs and payments of all compensation. How these activities are linked to the implementation of the overall subproject must also be agreed between the parties.

The screening process must ensure that RAPs contain acceptable measures that link resettlement activity to civil works in compliance with this policy. The timing mechanism of these measures would ensure that no individual or affected household would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual or homestead affected. Once the RAP is approved by the local and national authorities, the RAP should be sent to the World Bank for final review, approval and disclosure.

10.2 Implementation processThe timing of the resettlement will be coordinated with the implementation of the main investment component of the project requiring resettlement. All RAPs will include an implementation schedule for each activity covering initial baseline and preparation, actual relocation, and post relocation economic and social activities. The plan should include a target date when the expected benefits for resettled persons and hosts would be achieved. Arrangements for monitoring implementation of resettlement and evaluating its impact will be developed during project preparation and used during supervision. Monitoring provides both a warning system for project managers and a channel for resettled persons to make known their needs and their reactions to resettlement execution.




Target dates for achievement of expected benefits to resettled persons and hosts should be set and the various forms of assistance to the resettled persons should be disseminated to them. Fig.4 shows a process flow of the various activities indicative of approximate timing.

Planning and coordination of the tasks of the various actors is crucial to successful implementation. To achieve this, workshops will be organized with the stakeholders and other relevant government agencies, at project launching and at the commencement of every subproject identified to have adverse social impacts. The workshops will focus on the following:

taking stock of the legal framework for compensation settling institutional arrangements and mechanisms for payment of compensation defining tasks and responsibilities of each stakeholder establishing a work plan.

The stakeholders will be requested to participate in the decision making process and provide inputs in the area of their expertise in order to establish a coherent work plan or schedule. To approve RAPs would be to confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works in compliance with the World Bank policy. The timing mechanism of these measures would ensure that no individual or affected household would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual or community affected. Once the resettlement plan is approved by the state agencies, the resettlement plan should be sent to the World Bank for final review and approval




Green & Clean Solutions Ltd, 2009Note: RAP would be designed as resettlement issues are triggered & it will be a

reference tool during sub-projects implementation.

Fig. 4: A process flow indicative of approximate timing of Some Resettlement Activities

9.3 RPF Implementation BudgetAs mentioned earlier, SEEFOR is designed to require little or no land acquisition. To this end, there may be no immediate requirement for the State Agencies to establish a special account for the compensation of displaced persons because of involuntary land acquisition. This would be done only in the instance that occupancy certificates unavoidably had to be revoked and the persons so displaced were therefore entitled to legal compensation and rehabilitation. The Government of the SEEFOR States will provide some funds as counterpart funding. Funds for resettlement/rehabilitation issues such as preparation of RAP/ARAP shall be provided by the various State Governments.

At this stage, it is not possible to estimate the exact number of people who may be affected since the technical designs and details of the SEEFOR sub-projects have not yet been developed. Moreover the exact locations are not known. It is therefore not possible to provide




an estimated budget for the total cost of resettlement that may be associated with implementation of SEEFOR. However, when these locations are known, and after the conclusion of the site specific socio-economic study, information on specific impacts, individual and household incomes and numbers of affected people and other demographic data will be available, a detailed and accurate budgets for each RAP will be prepared.

Each RAP will include a detailed budget, using the template in Table 14. This would enable facilitating the preparation of a detailed and accurate budget for resettlement and compensation. SEEFOR will prepare the resettlement budget and will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the program. This budget will be subject to the approval of the World Bank.

A tentative budget estimate of about N18.7 million has been earmarked for RAP projects under SEEFOR in the four states. The budget for each of the project shall include the RAP implementation, resettlement and rehabilitation monitoring, training and capacity building. These estimates will be revised based on the specificity of sub projects.

Further to guide in arriving at the budget and cost estimates, Annex 9 provides elements/items that could feature in the overall budgets.

Table 14: Preliminary estimates of costs associated with this RPFS/No

Activity Cost Implication

Remarks

1 RAP preparation for each of the subprojects

N12m Estimate based on comparable projects approved by the World Bank, adjusted for local consultancy rates. Cost per project will depend on the number of households affected and will therefore vary across the sub projects

2 RAP implementationfor sub projects

Estimate will be captured in the RAP

Estimate based on comparable projects approved by the World Bank

3 Training and capacity building for resettlement committees


4 Provision of technicalAssistance


Sub-total N17 million5 Contingency fund for

extra projects initiated and other costs such as inflated land and crop prices.

10% of sub-total

10% of sub-total

Total N18.7 million Per Sub-project

9.3.1 Sources of FundingThe Government of the SEEFOR States, namely: Bayelsa, Delta, Edo and Rivers shall fund r resettlement/rehabilitation matters.




SECTION 10 CONSULTATIONS AND STAKEHOLDER PARTICIPATION

10. 1 OverviewPublic consultation and stakeholders’ participation are essential for the reason that they afford potential displaced persons the opportunity to contribute to both the design and implementation of the project activities and reduce the risk of conflict between State Agency contractors and host communities- The involvement of involuntary resettled persons and hosts in planning prior to the move is critical and initial resistance to the idea of involuntary resettlement is expected. To obtain cooperation, participation and feedback, the resettled persons and hosts will be systematically informed and consulted during preparation of the resettlement plan about their options and rights. They will also be able to choose from a number of acceptable resettlement alternatives. Particular attention will be given to vulnerable groups such as the landless, and women to ensure that they are represented adequately in such arrangements. Effective and close consultation with PAPs is a pre-requisite for project success. In recognition of this, particular attention would be paid to public consultation with potentially affected individuals/households/homesteads when resettlement and compensation concerns are involved.

10.2`Commencement of Public ConsultationPublic consultations have been initiated in the course of the preparation of this RPF, especially with the relevant MDAs and some other relevant organizations like the NGOs. Annex 10 contains the listed of those that were consulted and a summary of the consultations. The major outcome of the various consultations is summarized in Box 4 and Table 15.

Generally, the States have good governance framework and laws to back up and manage the environmental and social safeguard issues that would crop up in the SEEFOR project. Nevertheless, this RPF has given adequate attention on the various aspects of ensuring sustainability and effective implementation of the project. This will be strengthened as the planning stages develop and when the potential land areas are being considered and implementation instituted.

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

Public consultation would also occur during the preparation of the following socio-economic study, resettlement and compensation plan environmental impact assessment and drafting and reading of the compensation contract.



Table 15: Summary of Issues/Comments from Stakeholder Engagements as Part of SEEFOR Stakeholder Met Location

and Date

Issues/Comments Raised Response/How Addressed

Focus of the Meetings: Overview of SEEFOR and appreciation of preparatory stage of the project by WB Officials/Consultant The need for RPF and ESMF and other related instruments - premature to determine what the real social and environmental impacts

are, since sub-projects are, coupled with the fact that during project preparation, exact locations and magnitude of sub-projects are not known.

Challenges that could impede the implementation of the project Support needed from all parties to ensure effective project preparation and successful implementation

State Ministries of Environment/Environmental Protection Agency

& State Ministries of Lands, Survey and Urban Development

Asaba (July, 5-6, 2010)Port Harcourt (July 7-9, 2010)Yenogoa (July 26-27, 2010)Benin (Sept 22 -24, 2010)

We are conversant with the main Environmental Assessment (EA) legislation, procedures and framework applicable to various projects working with the Federal Ministry of Environment.

However, there we have challenges with regard to enforcement mechanism due to lack of adequate capacity in term of manpower and equipment. How can the project assist us? World Bank has assisted us in the past.

RPF and ESMF for the SEEFOR recognize good governance structure and laws in place and would work with them supporting them with World Bank Policies for effectiveness and efficiency.

In areas of gap with regard to institutional capacity strengthening, these are identified and mechanism for improvement are given attention to in the RPF and ESMF and the general program of work.

CBOs/NGOs

Asaba (July, 5-6, 2010)Port Harcourt

Past major initiatives on youth employment, and skills acquisition and training especially by State failed because of the inequities and disenfranchisement of the people for whom the project were designed.

Lack of social inclusiveness and elite

The design of SEEFOR emphasizes equity, justice and transparency in the implementation through social inclusiveness, avoidance of elite capture, working with trade groups, ensuring first-come, first serve with priority given to the vulnerable.

The design would allow youths trained in


(July 7-9, 2010)Yenogoa (July 26-27, 2010)Benin (Sept 22 -24, 2010)

capture is paramount in a number of projects by the Government

At times no provision of employment/funds after training of youth in the targeted states,

No gender-based training or it is not given adequate attention

Normal government business activities hardly compensate displaced people.

Government hardly gives political will to areas/projects not of interest

Government interfers with programs/projects of this nature, especially with the management structure as it wills.

Sustainability is not guaranteed if the incoming government does not favour it.

Government is big offender in not putting into considerations social and environmental issues in her project implementation

preferred skills with assurance of continual engagement after training either by self or other forms of engagement.

Entrepreneurship is highly amplified by the project.

SEEFOR provides avenue for scale-up of other community driven projects like CSDP.

Essence of RPF & ESMF and other related instruments is to ensure due diligence, avoidance of harm or reduction/elimination of social tensions, and ensuring consistent treatment of social and environmental issues across sub-project intervention areas, and supporting institutional capacity strengthening.

NGOs/CBOs/communities members recognized as supporting pillars for project sustainability and would be engaged in sub-project designs and monitoring and evaluation

NGOs to have representation in technical committee/board.

Traditional leadership structures in communities are recognized in the management of conflicts.

RPF and ESMF ensure that social and environmental issues are given prominence even in government-executed projects supported by the World Bank

MDAs Asaba (July, 5-6, 2010)Port

See SEEFOR is a commendable effort and we are eagerly waiting to see the project implementation since it tends to

SEEFOR provides avenue for scale-up of other community driven projects like CSDP.

RPF & ESMF is designed to ensure every




Harcourt (July 7-9, 2010)Yenogoa (July 26-27, 2010)Benin (Sept 22 -24, 2010)

strengthen the resolve of our State governments and MDAs to create employment for our youths, especially and engage them in meaningful works.

All supports shall be given by the line MDAs to ensure the success of the project.

However, there is need for all MDAs to ensure each knows its boundary of activities so that there are no conflicting roles.

Also, MDAs lack the logistics in terms of manpower and capacity for project management generally.

Government hardly carries out EA for her sponsored projects and resettlement issues to an extent are carried out in line with the Land-use Act and much emphasis is not given to due compensations.

needed element that would expedite action for the SEEFOR is taken.

Institutional capacity strengthening mechanism is built into the entire SEEFOR project and specifically for managing social and environmental issues.

Appropriate roles and responsibilities are duly spelt out in the management of the project in RPF and ESMF

RPF and ESMF ensure that social and environmental issues are given prominence even in government-executed projects supported by the World Bank



The mechanism for public participation and consultation shall take place through the following:

meetings radio programs request for written proposals/comments filling in of questionnaires/ application forms public readings and explanations of project ideas and requirements making public documents available at the national, local Community levels at suitable locations like the official residences/offices of local

elders.

These measures would take into account the low literacy levels prevalent in the rural communities by allowing enough time for responses and feedback.Notwithstanding, the best guarantor for public interest are the village leaders who are responsible members of their local communities and can inadvertently be part of the potentially displaced (economically or physically) individuals/households either in part or in whole.Monitoring of this process would be through the community leaders as part of the individual resettlement and compensation plans and overall the monitoring and evaluation mechanism of the entire project. This requirement is line with the Bank policy on disclosure.

10.3 Mechanism for Consultation and Participation of Displaced Persons Public consultation and participation are essential because they afford PAPS the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts between and among PAPs and the Project Units (PUs). The socio-economic situation prevailing in Nigeria makes public consultation with the communities, indispensable. Furthermore, it is the local urban, semi-urban and the rural areas that are to claim ownership of this project and are the intended beneficiaries ultimately. For this project to be successfully meaningful, effective and close consultation with local communities is a pre-requisite. In recognition of this, particular attention would be paid to public consultation with potentially affected individuals/households.

11.4 Identifying StakeholdersStakeholders for the purpose of this project shall be defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes those positively and negatively affected by the project. Table16 outlines the key stakeholders identified at present, in the course of preparing this RPF.

Table 16: PAPs Identification MatrixWho? How to identify themPeople living in the vicinity of the proposed works.

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

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

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

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

Organisations such as environmental groups would be


aware of similar local groups or individuals.Individual people who own properties that will be directly or indirectly affected.

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

Business (owners and employees).

Council lists or property registers.

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

Public consultation should take place through workshops, seminars, meetings, radio programs, request for written proposals/comments, questionnaire administration, public reading and explanation of project ideas and requirements. The consultation plan would be monitored by the relevant state agencies like the Ministry of Environment and SEPA who will set their own verifiable indicators to assess the degree of participation of the key stakeholder during all the phases of SEEFOR implementation.

10. 6 Level of EngagementThe level of stakeholder involvement would be based on the project phase, location and expected outcome. Small projects, which will likely dominate in SEEFOR, would require less complicated stakeholder involvement programs as the issues are likely to be less complex and their impact smaller.

This section is a guide to determining the level of stakeholder involvement required. Fig.5 outlines the Spectrum of Engagement. Specifically, the extent of stakeholders’ involvement would be based on the following: The project is likely to have significant impacts, that is, high impacts in one area/location,

or relatively small impacts spread out over a large area. The project involves significant issues, that is, the wider stakeholder may be affected.Table 17 outlines the consultation plan at project phases

Table 17: Consultation Plan at Project PhasesProject Stage Activities Institutional

ResponsibilitiesImplémentation Preparation of compensation

packages, RAP reviewEPA/MOE, PMU

Monitoring Review of verifiable indicators

EPA/MOE

Through these engagement strategies; the PMU would be able to: clarify the project's objectives in terms of stakeholders’ needs and concerns identify feasible alternatives (in particular alternative locations) and examine their

relative merits in terms of environmental, social and economic factors identify and prioritise environmental and resettlement issues and establish the scope

of future studies identify processes for continued stakeholders’ involvement.




Fig.5: Spectrum of Engagement




SECTION 11 INSTITUTIONAL FRAMEWORKS

11.1 IntroductionThe SEEFOR States have good governance framework and laws to back up and manage the social safeguard issues. The States have considerable experience in resettlement issues especially as it concerns consultation with potential PAPs, land acquisition, etc. Generally, there seem to be a good arrangement in place for dealing with land acquisition, which include a system of land acquisition, namely; land Bank and when a parcel of land is to be acquired, it is done in excess so that future needs are accounted for in the area.

The acquisition process includes: Description of parcel of land to be obtained and is excised, This is published in the Newspapers and other media with a view to notifying the

owners of the land area and other relevant stakeholders. Engagement of the landowners Valuation of the development on the land (Compensation is made for the development

on the land and not the land) Compensation is made usually in the event of land take for any development. A

compensation system based on December, 1993 Guideline for Recommended Maximum Compensation Rates for Economic Trees and Crops and/or Harmonized Compensation Rates for Economic Trees and Crops in South-South Geo-Political Zone is used. Albeit, the Land use Act is heavily depended upon for guidance.

Usually the governments encourage squatters on the land that is acquired and they are given Temporary Occupier License on the land banks.

11.2 Institutional Arrangement For effective implementation of the resettlement issues outline in this RPF, adequate institutional arrangements are central. There are various institutions that will participate in the implementation of resettlement process of the SEEFOR programme in the various States.

Generally, the SEEFOR project is expected to run at two levels, namely the Federal and State (Fig. 6). At the Federal level, the Coordination and Program Support will be managed by the Federal Project Support Unit (FPSU) supervised by the Federal Ministry of Finance. The FPSU will establish coordination and support relationship with the State counterpart Agencies.

Thus at the State level, the governments of the four States are expected to set up by State Law agencies that would work in collaboration with the FPSU, though operating independently. The law or legal agreement used in establishing the agencies will insulate the agencies and specifically the management unit from undue political or administrative interference.

Furthermore, the State Agency, i.e the Project Management Unit (PMU) will have an advisory board or a technical steering committee and a management unit. The board will include representatives from civil society and the government. The management unit shall be headed by a General Manager who will supervise activities of staff within three (3) major departments of the Agency, namely: Operations, Finance & Administration, and Monitoring & Evaluation.




It should be recognized that of the four States, Bayelsa and Edo operate CSDP as well as other World Bank supported project as such have an established understanding of the management principle of this arrangement in World Bank.

To capture the inflow and use of credit proceeds in a transparent manner through the Office of the Accountant General [Project Financial Management Unit (PFMU) set up for financial management of donor assisted projects at the state level], the SA shall establish a relationship with PFMU. This relationship would entail:

o A copy of the annual budget and work plan will be made available to the PFMU by the PMU;

o PFMU internal auditors will be responsible for regular internal audit in the SA and submit quarterly reports to the government (copied to IDA).

o A copy of monthly progress reports, quarterly reviews and interim Financial Reports (IFRs) shall be sent regularly to the PFMU;

o The PFMU internal auditors shall participate in quarterly monitoring visits to communities as organized by the PMU.

However, since the State Agencies (SA) /Project Management Units (PMU) are yet to be set up, the Ministries of Finance are taking the lead in the coordination of the SEEFOR preparatory programmes. Once the SA/PMUs are set up and backed up by an agreement between with the States government and World Bank or by law, this will cease.




Fig 6: Institutional Arrangement (Federal and State Levels)

11.3 Coordination and Implementation A number of institutions have been identified that would have a role to play in the execution of the resettlement issues of SEEFOR. While most of them do not have direct links with resettlement, some of them, by operation or functions, would have related responsibilities with resettlement on the SEEFOR project. For the purpose of this RPF, the institutions identified could be categorized at three levels, namely:

a. State Level Institutions State Agencies and other relevant Ministries, Departments and Agencies

(MDAs).


Federal Ministry of Finance

Federal Project Support Unit

State Agency(Board and

Management Unit)

Communities

State Ministries and Agencies NGOs

LGRC

Multisectoral Federal Program

Advisory Committee



b. Local Government Level Institutions Local Government Review Committee (LGRC) Local Government Desk Office (LGDO)

c. Community Level and other Institutions Community Project Management Committee (CPMC) CDA CBO/NGOs

11. 3.1 Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP: Component 2c of the project, focusing on community driven development (CDD), will be implemented through the existing Bank Assisted government CDD projects FADAMA and CDSP in each of the states involved. As such, the funding for this component will be channeled through the existing institutional arrangements and managed by the already established FADAMA and CDSP project implementation units in each state. In states where only one of the existing CDD projects is operating this component will be implemented only through this existing project. The component will run only for as long as the existing projects are operating. Given these institutional arrangements, all activities undertaken under this component will be subject to the safeguards procedures and instruments developed under these existing projects. Thus, the current SEEFOR project has triggered the relevant World Bank safeguard policies triggered by FADAMA III and CDSP triggered OP/BP 4.01 Environmental Assessment and OP/BP 4.12 Involuntary Resettlement, as well as additional safeguards policies including OP/BP 4.04 Natural Habitat, OP/BP 4.09 Pest Management, OP/BP 4.36 Forests that were triggered by FADAMA given the scope and the potential environmental and social impacts of the activities under FADAMA. The only exception to this consistency in World Bank policies triggered by the project funding these activities- SEEFOR- and the projects implementing the CDD activities, is the policy on International Waterways. In this case the policy has not been triggered because the geographical locations of the different states involved in the project mean that no international waterways will be affected and that any surface or groundwater extraction, in any, would come from local sources. The current safeguards performance, the safeguards instruments prepared and the institutional arrangement for their implementation for Fadama III and CSDP are presented below:

Third National Fadama Development Project: To date, the safeguard compliance of Fadama III has been satisfactory. Since the locations and potential negative localized impacts of the future subprojects, the Borrower prepared an Environmental and Social Management Framework (ESMF), a Pest Management Plan (PMP), and a Resettlement Policy Framework (RPF) for the purpose of identifying and mitigating potential negative environmental and social impacts at the subproject planning stage during the life of the project. The RPF outlines the policies and procedures to be followed in the event that subprojects require land acquisition. The PMP shows the procedures and steps to be undertaken to address pest management concerns, including capacity building in Integrated Pest Management (IPM). The ESMF outlines the environmental and social screening process for subprojects and proposes capacity building measures, including cost estimates. The ESMF includes: (i) an Environmental Management Plan; (ii) Environmental Guidelines for Contractors; and (iii) an environmental and social checklist for subprojects screening.




The three instruments of ESMF, PMP and RPF were disclosed in-country and at the Info shop on May 4, 2007. The State Fadama Coordination Office (SFCO) is responsible for the implementation of the ESMF, PMP and RPF. Consultants are engaged to prepare Resettlement Action Plans and Environmental Management Plans or Environmental Impact Assessments (EIAs) as and when necessary. The SFCO has in place an environmental officer. This specialist is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises.

Community Social Development Project: The safeguards rating of the community social Development project has been satisfactory to date. The potential environmental and social impacts of sub-projects under the CSDP are small-scale and site-specific typical of Category B projects. An Environment and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) have been prepared for the project and provide mechanisms to identify impacts for which standard mitigation measures to be applied during the implementation phase. The objective of the ESMF is to establish a mechanism to determine and estimate the future potential environmental and social impacts of the activities undertaken under the project, and to define the measures of mitigation, monitoring and the institutional measures to be undertaken during implementation o f the project. It is anticipated that project activities are unlikely to relate to land acquisition or restriction of access to sources of livelihood. However, in the event that there are resettlement concerns, the Resettlement Policy Framework (RPF) will be translated to Resettlement Action Plans (RAPS) as and when the need arises during project implementation. The CSDP State Agency is responsible for the implementation o f the ESMF and RPF recommendations. The Agency’s environmental specialist (with knowledge on social issues) is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises.

The safeguards instruments for these projects- including detailed ESMF’s, PMP and RPF’s- have already been publically disclosed as part of project due diligence, remain valid and would apply to all SEEFOR funded activities that would be implemented through Fadama III and CSDP.

11.3.1 Participation AgreementTo implement the SEEFOR program according to the agreed terms and conditions, a formal agreement is needed between the State Governments, the Implementing Agencies and other MDAs outlining the tasks, responsibilities, schedules, procedures, deliverables etc., required for preparation and implementation of the approved sub-projects.

Essentially, the roles of each party shall be in correspondence with the spelt out statutory roles as outlined below:

11.3.2 State Level Institutions

1. State Agencies/Project Management Unit (SA/PMU)The SA/PMU, as the implementing authority, has the mandate to:

Co-ordinate all policies, programmes and actions of all related agencies in the States




Ensure the smooth and efficient implementation of the project’s various technical programmes

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 sub-projects Plan, coordinate, manage and develop SEEFOR projects to ensure success. Coordinate activities of the State Licensing Authority and all vehicle inspection units. Recommend on policy issues to the Governor including mechanisms for

implementation. Prepare plans for the management and development of SEEFOR project. Facilitate the discussion between PAPs and communities regarding compensation for

land acquired for the subprojects micro-projects; Monitor the project work to ensure that the activities are carried out in a satisfactory

manner; Organize the necessary orientation and training for the departmental 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

To achieve this made, the SA would have in each State Steering Committee (Board) and a Project Implementation Unit (PIU) for coordinating the day to day activities with the relevant line departments.. Specifically with regard to Environmental and social issues, the SA, through its Safeguards Unit will liaise closely with other relevant MDAs in preparing a co-ordinated response on the environmental and social aspects of the SEEFOR sub-projects.

Two members of the PMU will be designated as Environmental & Social Officers to oversee the implementation of Safeguard instrument (this RPF and the ESMF) as well as any other environmental and social provisions as deemed fit for project implementation as per the regulations of the World Bank and Government of


Box 5: Roles & Responsibilities of Safeguard Specialist• Review all EA / SA Documents prepared by consultants and

ensure adequacy under the World Bank Safeguard policies including the OP4.01.

• Ensure that the project design and specifications adequately reflect the recommendations of the EIA / SIA

• Co-ordinate application, follow up processing and obtain requisite clearances required for the project, if required

• Prepare compliance reports with statutory requirements.• Develop, organize and deliver training programme for the PIU

staff, the contractors and others involved in the project implementation, in collaboration with the PMU

• Review and approve the Contractor’s Implementation Plan for the environmental measures, as per the EIA and any other supplementary environmental studies that may need to be carried out by the PIU

• Liaise with the Contractors and the PIU / State Implementing agency on implementation of the EMP / RAP

• Liaise with various Central and State Government agencies on environmental, resettlement and other regulatory matters

• Continuously interact with the NGOs and Community groups that would be involved in the project

• Establish dialogue with the affected communities and ensure that the environmental concerns and suggestions are incorporated and implemented in the project

• Review the performance of the project through an assessment of the periodic environmental monitoring reports; provide a summary of the same to the Project Manager, and initiate necessary follow-up actions

• Provide support and assistance to the Government Agencies and the World Bank to supervise the implementation



Nigeria and the respective State government. The roles and responsibilities of the Safeguard Specialists (Environmental and Social Officers to anchor environmental and social issues distinctively) to be appointed are indicated Box 6.

A key function of the Unit is to engender a broad consensus, through participatory methods and extensive dialogue with affected and interested parties, on fair and adequate methods by which rights of way can be cleared of occupants as needed, taking account of international standards for involuntary displacement as incorporated into the World Bank's OP 4.12 on Involuntary Resettlement and environmental compliance with the EA.With this, particular attention is directed at minimizing environmental/social risks associated with the development of sub-project initiatives, as well as the identification and maximization of social development opportunities arising from investments.Thus in the implementation of the SEEFOR, the Safeguards Unit will be expected to advise on the environmental and social costs/benefits of the different options, putting this ESMF under consideration (Table 18).

2. State Ministries of EnvironmentBy the provision of acts, edicts and laws the states have also set up State Ministry of Environments (SMOEs) as the regulatory bodies to protect and manage the environmental issues in the states.The functions of the SMOEs include:

Enforcement of all environmental legislations and policies; Coordination and supervision of environmental assessment studies; Minimization of impacts of physical development on the ecosystem; Preservation, conservation and restoration to pre-impact status of all ecological

processes essential to the preservation of biological diversity; Protection of air, water, land, forest and wildlife within the states; Pollution control and environmental health in the states; and Co-operation with FMEnv and other agencies to achieve effective prevention of

abatement of trans-boundary movement of waste.

Table 18: Safeguard Responsibilities for SEEFOR S/No Category Roles I Federal

Government MDAs(Federal Ministry of Environment and her agencies (Such as NESREA)

Lead role -provision of advice on screening, scoping, review of draft RAP/EA report (in liaison with State Ministry of Environment), receiving comments from stakeholders, public hearing of the project proposals, and convening a technical decision-making panel, Project categorization for EA, Applicable standards, Environmental and social liability investigations, Monitoring and evaluation process and criteria

Ii State Government MDAs (Ministry of Lands, Survey and Urban Development, Ministry of

Compliance overseer at State Level, on matters of Land Acquisition and compensation and other resettlement issues,Lead role -provision of advice on screening, scoping, review of draft RAP/EA report (in liaison with Federal Ministry of Environment), receiving comments from stakeholders, public hearing of the project proposals, and




Environment, etc.

convening a technical decision-making panel, Monitoring and evaluation process and criteria

Other MDAs Come in as and when relevant areas or resources under their jurisdiction or management are likely to be affected by or implicated sub-projects. . They participate in the EA processes and in project decision-making that helps prevent or minimize impacts and to mitigate them. These institutions may also be required, issue a consent or approval for an aspect of a project; allow an area to be included in a project; or allow impact to a certain extent or impose restrictions or conditions, monitoring responsibility or supervisory oversight

Iii World Bank - Assess implementation - Recommend additional measures for strengthening the management framework and implementation performance.

Vi SEEFOR PMU Safeguards Unit

Liaise closely with Ministry of Environment in preparing a coordinated response on the environmental and social aspects of project development.

V Local government

Liaising with the PMU to verify adequacy of resettlement location and provide approval for such sites, Providing additional resettlement area if the designated locations are not adequate, Provide necessary infrastructures in relocated areas, engage and encourage carrying out comprehensive and practical awareness campaign for the proposed sub-projects, amongst the various relevant grass roots interest groups.

Vi CDA & Traditional Institutions

Ensure Community participation by mobilizing, sensitizing community members;

Vii NGOs/CSOs Assisting in their respective ways to ensure effective response actions, Conducting scientific researches alongside government groups to evolve and devise sustainable cleanup strategies and rehabilitation techniques, Organizing, coordinating and ensuring safe use of volunteers in a response action, and actually identifying where these volunteers can best render services effectively & Providing wide support assistance helpful in management planning, institutional/governance issues and other livelihood related matter, Project impacts and mitigation measure, Awareness campaigns

Viii The General Public

Same as above

3. Ministry of Lands, Survey, Urban and Regional PlanningThe Ministries process all instruments evidencing ownership and possession of real estate in the states and also keep in custody all real estate instruments, records, and their management.




Generally, the Ministries `advise Government as well as manage Lands and all other landed properties belonging to the State Government situated within and outside the State. Thus amongst other things, the Ministries are

i. Responsible for the acquisition of Land for both Federal and State Government projects.

ii. Recommend to the Governor on the allocation of States (Acquired) lands to individuals and organizations as well as the management of all State Lands.

iii. Responsible for the preparation of Certificates of Occupancy which evidence the grant of State lands and the transfer of interest by the customary land holders. The Land Use and Allocation Committee is also an organ of this Ministry.

iv. Undertake research and carries out inspections and valuation of landed properties for all purposes with a view to advising the various Ministries/Establishments e.g. Compensation Valuation for acquisitions of Right of Ways (ROW), general acquisition of Land, Valuation for Insurance purposes, Valuations for Asset sharing, Valuation of Share Equities in Joint Ventures and Memorandum of Agreements, etc.

v. Responsible for the making of Surveys of all Government lands.

4. Ministries of Finance Currently coordinates the SEEFOR activities until State Agencies are put in place.Primary functions include:

Preparing annual estimates of revenue and expenditure for the Governments; Formulating policies on fiscal and monetary matters; Mobilizing domestic and external financial resources through both internal and

external financial institutions, for development purposes; Maintaining adequate reserves aimed at Ensuring a healthy balance of payment

position; Managing revenue allocation matters;

5. Ministries of Agriculture Ministries of Agriculture have the following major responsibilities:

Agricultural Services; Produce Inspection; Livestock; Veterinary Services; Fisheries; Special Agricultural Projects. In SEEFOR, assist in meeting needs of the project, PAPs and other relevant

stakeholders.

6. Ministries of Gender, Community and Social Development and Directorate of Youth Development Its functions and activities permeate all spheres of human interests and caters for the needs of diverse group of individuals across the state, ranging from aged, youths, women, physically challenged destitute and children

In addition, the Ministries are charged with the responsibilities for:• Youth Registration and Development;




• Development of Youth Skill Acquisition Centers and Poverty Eradication Programme;

• Youth Clubs; • Support the non-governmental organizations and play coordinating role between

government and women organization in Nigeria.• Encourage the concept and essence of co-operative societies among women both

in the urban and the rural areas and stimulate creative entrepreneurship in the field of cottage and small scale industries.

• Promote the cost of the disabled and the elderly and stimulate public awareness and course responsibilities on this segment of the society.

• Formulate and propagate moral values within the family units and the public generally. The goal is pursued in liaison with institution and organizations to inculcate moral education in women and children.

• Serve as a major advocacy channel for women and children.

7. Ministry Of Works & TransportThe Ministry has the following functions:

Surveying, planning and designing of state roads/drainage/sewage schemes etc. Construction, maintenance and supervision of road and their infrastructure projects. Conception, designing, construction, maintenance and supervision of public buildings

such as offices, playgrounds, packs, amphitheatres, etc. Procurement repairs and maintenance of heavy duty plants, equipments, machinery

and other vehicles. Dredging operations and keen capturing of river and coastal engineering implications. Consultancy work and services on engineering, technology and environment concerns

as well as on heavy duty equipments/plants as it relates and affects the roads, bridges, drainage, and other infrastructure project/program/studies.

Investigation and research into soil and construction materials. Central registration of contractors, suppliers and consultants to Bayelsa State.

8. Ministry of Youth, Conflict Resolution & Employment GenerationExists in Bayelsa and could serve as a model for other states.The Ministry is a response to the challenges of youth restiveness, unemployment and crisis in the State. The Main Policy Thrust is hinged on what is described as the triple ‘E’ policy of: Engagement, Education & employment and Enforcement. Intervention Strategy includes a three-pronged approach of Youth Development & Security, Conflict Prevention, Management & Resolution and Partnership.

With this, the mandate of the Ministry includes: Policy formulation Registration of Youth Organization & NGOs Formulation and Implementation of Youth projects/programs Formulation and Implementation of Employment Generation/Entrepreneurial

Development Projects/Programs Develop and Maintain Employment/Unemployment Data Base Formulation and Implementation of Conflict Prevention, Management and Resolution

Projects/Programs Restoration of Peace and Stability in Conflict Areas.




11.3.3 Local Government Level Institutions1. Local Government Authority Local Government Authority is a creation of the t constitution of the Federal Republic of Nigeria in each State of the Federation. The local governments should be directly involved in the allocation of sites for the sub-projects and so it is imperative that they are part of the resettlement plan. With regard to the SEEFOR project, the local authorities should play the following role in the resettlement plan:

Liaising with the PMU to verify adequacy of resettlement location and provide approval for such sites.

Providing additional resettlement area if the designated locations are not adequate. Provide necessary infrastructures in relocated areas. The Council should engage and encourage carrying out comprehensive and practical

awareness campaign for the proposed sub-projects, amongst the various relevant grass roots interest groups.

Establishing the LGRC with appropriate bye-law Appointing a suitable Desk Officer (s) Participating in sensitization of all communities Resolving conflicts between communities; Monitoring implementation of sub-projects and activities of Operational Officers; Ensuring that enabling environment is created Ensuring compliance to environmental and social safeguards in community micro-

projects within/out project. Ascertaining synchrony with LGA Plans. Ensuring integration of SEEFOR sub-project in LGA Plans; Providing complementary support for the micro-projects; Guarantying the provision of relevant staff for social infrastructure; Providing resources for the Operation and Maintenance of social Infrastructure; Taking responsibility to larger access for community intervention for state assistance; Ensuring support for trained staff;

2. Local Government Review Committee (LGRC)The LGRC is primarily charged with serving as the clearing house for community development plans and their integration to the plans. There will be twelve voting members I the committee, four of whom will be representatives of non-government sectors. The chairman of the committee should be the non-political Head of the Local Government.Voting members will include the following:1. Non-political administrative head of the Local Government as chairman of the

committee;2. Heads of technical Departments of Works, Agriculture, finance, Health, Education

and social services;3. The most senior traditional ruler in the Local Government Area or his representative;4. A representative of the Youth Association;5. A representative each of the ruling Party and main opposition party;6. The Community Development Officer shall be a member and Secretary to the

committee.

11.3.4 Community Level and other Institutions

1. Communities




Communities are essential to the process of subproject identification and the subproject cycle.

A community is defined as a group of people living together on the smallest unit of a LG – usually called a “ward.” The power structure of each community usually is such that there is paramount ruler at the apex. The council of chiefs, Elders, CDC, Youths leaders, Women leaders, Age grades and Church leaders assist in decision making and governance.

The community would ensure that social values are not interfered with. They may have complaints that need to be resolved in the execution of the sub-

project. Support and assist in the mobilization of the various relevant grass roots interest

groups.

2. CBOs/Non-Governmental Organizations (NGOs) Assisting in their respective ways to ensure effective response actions. Conducting scientific researches alongside government groups to evolve and devise

sustainable cleanup strategies and rehabilitation techniques. Organizing, coordinating and ensuring safe use of volunteers in a response action, and

actually identifying where these volunteers can best render services effectively. Provide wide support assistance helpful in management planning,

institutional/governance issues and other livelihood related matters. If a community so chooses, the technical assistance from a local NGO can be sourced to facilitate the identification and development of a subproject proposal. The community’s ideas and aspirations must be at the forefront while the support organisation guides with technical input for e.g., what is possible, what is feasible, potential negative social and/or environmental impacts, long-term sustainability, etc.

3. Community Development Association (CDA)The Community Development Association (CDA) is the existing umbrella community based organization that oversees the development needs of the entire community. It is made up of all the indigenes of the communities and it is the framework for implementing all community development efforts e.g. organizing self – help groups, conducting sanitation, building of schools etc and construction of roads, amongst others.

For SEEFOR the specific roles and responsibilities of the CDA shall include: Ensure Community participation by mobilizing, sensitizing community members; Organise election of CPMC members; Register the CPMC as a separate entity with the Local Government Authority; Open a separate Bank Account to be operated by the CPMC; Oversight responsibility on CDP formulation and endorsement; Approve that the CPMC forward CDPs for onward processing; Supervise and monitor micro-projects Adoption and enforcement of necessary social regulations on environmental

natural resources management; Endorse the O & M plan; Serve as conflict resolution organ for the community especially amongst various

user groups; and Sanction erring CPMC members as would be determined by general community

assembly.




4. Community Projects Management Committee (CPMC)The CPMC shall be responsible for the facilitation, formulation, implementation and management of the CDP. However, in communities where vulnerable groups are beneficiaries of targeted social safety nets mechanisms, the latter would be responsible for implementing them, while the CPNC would supervise and monitor the implementation of the micro-projects. The CPMC would be made up of a chairman, Vice chairman, Treasurer, Financial Secretary, Secretary and Assistant Secretary. Female community members are encouraged to be well represented, with no less than 25% membership being made up of women. This must be standard in all communities embarking on micro-project implementation and undertaking direct financing. The specific responsibility of the CPMCs are highlighted below

i. Deepen sensitization and mobilization of the entire community members;ii. Identify issues, priority areas and develop plans (CDPs)iii. Submit and defend community plans to LGRC;iv. Assist the CDA to mobilize community contribution in term of labour, materials and

funds for micro-project implementation;v. Procure needed goods/services for micro-projects, though a Procurement sub-

committee;vi. Maintain financial records;vii. Collect and collate information and data requirement;viii. Conduct monthly review meeting of project activities;ix. Submit required CDP progress reports (monthly, quarterly etc) to state SEEFOR,

LGDO and display same at the community;x. Implement sanctions;xi. Promote and disseminate information on SEEFOR;xii. Ensure implementation of environmental and social safeguards;xiii. Formulate Operations and Maintenance Plan and ensure appropriate resources are

mobilized;xiv. Maintain and operate community project account;xv. Ensure timely returns on expenditure for replenishment community project account.

11.4 Measures for Strengthening Organizational Capability - Capacity Building and TrainingThe PMU in addition to other officials from other MDAs shall be trained to enhance capacity in the management of social issues, especially resettlement matters as well as environmental issues. It is the responsibility of the Environmental and Social Safeguard Unit that shall be set up to ensure that all identified members of the implementation team are trained prior to implementation of resettlement and compensation. The training should focus on the following, inter alia:

World Bank Safeguard Policy (O.P 4.12) on resettlement and other World Bank operational policies on environment;

Relevant Nigerian laws and policies relating to land acquisition and resettlement; Compensation and supplementary assistance; RAP Implementation process.

Specific modules customized for the available skill set would need to be devised after assessing the capabilities of the members of the Training Programme and the requirements of




the project. Typical modules that would be present for the training session could cover the following areas:• As part of Sensitization, Introduction to Social and Resettlement Aspects learning

• Basic Concepts and • Policy, legal and other relevant statutory requirements in Nigeria and World Bank

Main Modules should involve: • Introduction to Environment, Social and Resettlement Aspects• Environment, social and resettlement Considerations in Urban Development Projects• Review of RPF/SIA/RAP/ & ESMF/EIA/EMP and Integration into Design• Improved co-ordination within Nodal Departments• Special Issues in SUTP• Role during construction• Monitoring & Reporting System

Typical topics could cover: • Introduction to Social and Resettlement Aspects:

o Basic Conceptso Policy, legal and other statutory requirements as per Government of Nigeria

and World Banko Social & Resettlement Considerations in Urban and Rural Development

Projects:o Social and Resettlement aspects arising during construction and operation

stageso Social and Resettlement Good Practices in Urban public works and rural

agricultural practices

• Review of SIA/RAP and its Integration into sub-project designs:o SIA/RAP Methodologyo Entitlements in SEEFORo Implementation Arrangementso Methodology of Assessment of Affected Propertieso Methodology for compensation, resettlement site selection etc.

• Improved Co-ordination with other Departments:o Overview of SEEFORo Environmental & Social Impactso Statutory Permissions – Procedural Requirementso Consultation and Counselingo Roles and Responsibilities of officials/ contractors/consultants towards

protection of environment and resettlement• Monitoring and Reporting System




SECTION 12 MONITORING AND EVALUATION

In order to successfully complete the resettlement management as per the implementation schedule and Compliance with the policy and entitlement framework, there would be need for monitoring and evaluation of the RPF and RAP implementation.Monitoring and evaluation will be a continuous process and will include internal and external monitoring. The safeguards officer shall play a key role in reporting the progress of implementation as well as compliance to the PIU, PMU and the World Bank.Table 19 outlines the mechanism for monitoring of R&R activities

12.1 Internal MonitoringThe social safeguard unit of the various State Agencies will perform periodic monitoring of all resettlement activities in the Agency's portfolio. The State Agencies will consult and coordinate with the appropriate Federal and State agencies (e.g., FMEnv, MOE/SEPA) on social and environmental monitoring.

For those areas with minor resettlement, defined here as relocation of marketers and sidewalk sellers to nearby locations without land acquisition, the State Agencies’ social section will report at least quarterly on the:

Implementation schedule Delivery and usage of any resettlement compensation Relocation of marketers and transporters, and their pre- and post-move sales Extent of community involvement Efficiency of resettlement agencies in fulfilling their obligations.

In the areas where a resettlement plan or an abbreviated resettlement plan is required because of land acquisition or significant numbers of displaced persons, the State Agencies’ Safeguards Unit, will provide a quarterly progress report on the various resettlement activities. The report will provide detailed explanation of resettlement progress, fund allocation, and issues and problems arising, as well as solutions devised, during implementation. In addition, the report which shall be in a tabular format will have comparisons on the following:

Estimated and actual extent of compensation delivered The number of structures demolished The number of new homes, shops, market stalls and other required structures built And all other matters deemed pertinent for facilitating resettlement and project

progress.

12.2 External MonitoringFor major resettlement, the State Agencies will engage an independent firm or organization to conduct periodic external assessments of resettlement progress. The State agencies will develop a detailed monitoring work plan for the terms of reference, based on the resettlement plan submitted to and approved by the World Bank. The various State Agencies will select a firm with extensive experience in social survey and resettlement monitoring for this work. The State Agencies will review and approve the questionnaires and inventory forms




developed by the contractor, as well as the research methods, analytic techniques, and reporting formats proposed by the contractor. Table 18 outlines the mechanism for monitoring of R&R activities.

The aim of this independent monitoring is to provide verification of key concerns in resettlement, such as compliance with resettlement policies, implementation progress, the extent of effective consultation and participation of local populations, and the direction and extent of changes of income and livelihood among displaced persons. Careful attention to monitoring matters such as these will help ensure equitable benefits for every displaced person.

Table 19: Mechanism for Monitoring of R&R activitiesS/No Format Name Frequency of

ReportingResponsible Agency Monitoring Agency

1 Verification of land to beAcquired

One time Environment and SocialOfficer, PIU

PMC underthe PMU

2 Status of Land Acquisition

Quarterly Environment and SocialOfficer, PIU

PMC underthe PMU

3 Progress on Census Survey


PMC underthe PMU

4 Progress on Socio-EconomicSurvey


PMC underthe PMU

5 Verification of PDFs Quarterly Environment and SocialOfficer, PIU

PMC underthe PMU

6 Verification of Squatters

Monthly Environment and SocialOfficer, PIU

PMC underthe PMU

7 Verification of Encroachers


PMC underthe PMU

8 Distribution of Entitlementsand Assistances


PMC underthe PMU

9 Progress of Relocation ofCPRs


PMC underthe PMU

10. Progress of Relocation ofCultural Property


PMC underthe PMU

11 Progress of Relocation andSite Clearance


PMC underthe PMU




12 Community Consultations


PMC underthe PMU

13 Progress of GrievanceRedressal


PMC underthe PMU

12.3 Monitoring and Evaluation IndicatorsIn order to access whether these goals of the resettlement and compensation plans are met, sample of indicators for monitoring and evaluation are outlined in Annex 11.

12.4 Completion Audit An audit will be carried out to determine whether the efforts to restore the living standards of the affected population have been properly designed and executed. This completion audit will verify that all physical inputs earmarked in the RAP have been delivered and all services provided. The audit will also evaluate if the mitigation actions prescribed in the RAP have had the desired effect. The baseline conditions of the affected parties before the relocation will be used as a measure against their socio-economic status after the resettlement. The audit will verify results of internal monitoring and assess whether resettlement objectives have been met irrespective of whether livelihood and living standards have been restored or enhanced. The audit will also assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation. Finally, the audit will ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions. Annual audit reports will be submitted for scrutiny to the World Bank.

To be effective, the completion audit will take place after all RAP activities have been completed including development initiatives, but before the completion of financial commitments to the programme. This will allow for flexibility to undertake any corrective action that the auditors may recommend before the project is completed.




SECTION 13 DISCLOSURES OF SOCIAL SAFEGUARDS INSTRUMENTS

Table 20 shows some of the information to be disclosed. The State Agencies will disclose this Resettlement Policy Framework by making copies available at its office, relevant local government council, relevant State Ministry of Environment and other stakeholders of the River, Delta and Bayelsa States. The River, Delta and Bayelsa State Governments through its State Agencies will also authorize the World Bank to disclose this RPF electronically through its InfoShop.

Likewise, all RAPs to be prepared under SEEFOR, will be disclosed by the State Agencies, which will make copies available at its office, relevant local government council, relevant State Ministry of Environment and other stakeholders of the River, Delta and Bayelsa States. The River, Delta and Bayelsa State Governments through its State Agencies will also authorize the World Bank to disclose this RAP electronically through its InfoShop.

Table 20: Information to be DisclosedTopic Documents

to be disclosed

Frequency Media

Resettlement, Rehabilitationand LandAcquisition

Resettlement Action Plan(RAP)

Once in the entire project cycle. But to remain on thewebsite and otherdisclosure locationsthroughout the projectperiod.`

World Bank’s Infoshop.Ministry of Environment/Lands & Survey/ Implementation agency’s website.Project Management Unit office

Information regardingimpacts and theirentitlements

Once at the start of theproject and as and whendemanded by the PAP.

Through one-to-one contact withPAPs.Community consultationList of PAPs with impacts andentitlements to be pasted in the office and website of Ministry of Lands and Survey / Implementing Agencies

R&R and LA monthlyprogress report.

10th day of every month

Implementation agency’swebsite.Project Management Unit & ProjectImplementation Units (PIU)

RAP Impact AssessmentReport

After substantial completionof each phase

Ministry of Lands and Survey Implementation agency’s website.

Land AcquisitionNotifications

As required under the LAAct

Ministry of Lands and Survey / Implementation agency’s website.

Grievance redressalprocess.

Continuous processthroughout the projectcycle.

World Bank’s Infoshop.Ministry of Lands and Survey / Implementation agency’s website.




Project Management Unit & ProjectImplementation Units (PIU)One to one contact with PAPs.

PublicConsultation

Minutes of Formal PublicConsultation Meetings

Within two weeks ofMeeting

ministry of Lands and Survey / Implementation agency’s website.Project Management Unit & ProjectImplementation Units (PIU)

References

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

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

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

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

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

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




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

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

• The Government of Rwanda, Ministry of Agriculture and Animal Resources• (MINAGRI) (2009): Resettlement Policy Framework for Land Husbandry, Water

Harvesting and Hillside Irrigation (LWH) Project, Prepared by Green & Clean Solutions Ltd, July




ANNEXES

(PLEASE, ALL ANNEXES ARE ATTACHED AS ANOTHER DOCUMENT)

