RP433 v2 - World Bank Documents

FINAL REPORT

Road Sector Development Team

Federal Ministry of Works, Housing and Urban Development

Abbreviated Resettlement Action Plan (ARAP) for the Enugu-Abakiliki and Ogoja-Ikom Road

December 2010

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Abbreviated Resettlement Action Plan for the Enugu-Abakiliki and Ogoja-Ikom Road

1 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom Junction Rehabilitation Road Works.

TABLE OF CONTENTS

TABLE OF CONTENTS 1

LIST OF TABLES 4

ABBREVIATIONS AND ACRONYMS 5

EXECUTIVE SUMMARY 6

1. INTRODUCTION 10

1.1 Preamble and Historical Perspective 10

1.2 Involuntary Resettlement 11

1.3 The Contract Award 12

1.4 A chat with the Environmental and Safeguard Unit of RSDT 13

1.5 Kick off Meeting and Field Trip 13

2. APPROACH AND METHODOLOGY OF SOCIAL ASSESSMENT 14

2.1 Field Surveys 15

2.2 Major Sub-activities of the ARAP 15

2.3 Work Programme 15

2.4 Objectives of the ARAP 17

2.5 Scope of Work of Consultant 18

3. DESCRIPTION OF PROJECT 19

3.1 General Description of Study Area 19

3.2 Socio-Economic Survey of the Project Area 21

3.2.1 Enugu-Abakiliki Project Route 21

3.2.2 Ogoja-Ikom Juntion Route 23

4. POLICY AND REGULATORY FRAMEWORK 28



4.1 World Bank Safeguard Policies 28

4.2 Nigeria Regulatory Framework 29

4.2.1 The Federal Ministry of Environment (FMEnv) 29

4.2.2 The National Environmental Standards and Regulations Enforcement

Agency (NESREA) Act No 25 of 2007 29

4.2.3 Environmental Impact Assessment (EIA) Act Cap 131 LFN 1992 29

4.2.3.1 Sectoral EIA Guidelines 30

4.3 Nigeria Urban & Regional Planning Law No 88 of 1992 30

4.4 Land Use Act Cap 202 LFN 1990 30

4.5 Comparison between Land Use Act and World Bank OP 4.12 31

5. VALUATION AND COMPENSATION OF AFFECTED STRUCTURES AND PROPERTY

5.1 Introduction 35

5.2 Entitlement Policy 35

5.2.1 PAPs Losing Structures 35

5.2.2 Vendors displaced from road corridors 35

5.2.3 PAPs with loss of economic trees 36

5.3 Eligibility Criteria for Affected Persons 36

5.4 Proof of Eligibility 37

5.5 Notification 37

5.6 Method of Valuation for compensation 38

5.7 Payment of Compensation 39

5.8 Entitlement Matrix 40

6. INSTITUTIONAL ARRANGEMENT AND RESPONSIBILITIES 46

6.1 Introduction 46

6.2 Institutional Arrangement 46

6.3 Grievances and Appeals Procedure 48

6.3.1 Grievance Redress Mechanisms 49



7. MONITORING AND EVALUATION 50

7.1 Internal Monitoring 50

7.1.1 Tasks of the Monitoring and Evaluation Officer 50

7.2 Independent Monitoring 51

7.2.1 Implementation Schedule 52

8. COMPENSATION FUNDING ARRANGEMENT AND TIMETABLE 54

8.1 Budget for Resettlement activities related with the Road Project 54

8.2 World Bank-RSDT 54

8.3 Training Needs 55

9. PUBLIC CONSULTATION 56

9.1 Introduction 56

9.2 Public Consultation Process 56

9.3 Overview of Public Consultations Programme 56

9.3.1 EDOR-IKOM Forum 56

9.3.2 Ekeobinagu-Emene Public Consultation 59

9.3.3 Abakpa-Enugu Junction Public Consultation 61

REFERENCES 63

APPENDICIES

Appendix 1: Register of Project Affected Persons 64

Appendix 2: Selected Pictures from the Project Sites 67

Appendix 3: Socio-Economic Inventory Instrument 68

DEFINITIONS 72



LIST OF TABLES

Table E1: Indicative budget for ARAP implementation

Table 3.1: Gender Distribution of PAPs

Table 3.2: Marital Status of PAPs

Table 3.3: Educational Attainment of PAPs

Table 3.4: No of Dependants of PAPs

Table 3.5: Occupation of PAPs


Table 3.7: Marital Status of PAPs Table 3.8: Educational Attainment of PAPs Table 3.9: No of Dependants of PAPs Table 3.10: Occupation of PAPs Table 4.1: Comparison of Nigerian Land Use Act (1978) and World Bank’s OP 4.12 Table 5.1: Entitlement Matrix showing categories of project affected persons, type

of loss and compensation Table 5.2: Valuation of Compensation and Assistance Cost for Project Affected Persons Table 6.1: Institutional Arrangement and Responsibilities for ARAP Table 7.1: Summary of Responsibility for Implementation of Abbreviated Resettlement Action Plan Table 8.1: Timetable for Abbreviated Resettlement Action Plan Table 8.2: Recommended Training and Awareness Table 9.1: Attendance at a Focus Group Discussion at Edor Ikom Table 9.2: Public Consultation Meeting at Ekeobinagu- Emene on 25/10/2010 at 5.30pm Table 9.3: Public Consultation at Abakpa Junction, Enugu on 25th October 2010 at 2.40pm Table 3.11: Income Category of PAPs



ABBREVIATIONS AND ACRONYMS

ADT - Average Daily Traffic ARAP - Abbreviated Resettlement Action Plan DP - Displaced Persons ESIA - Environmental and Social Impact Assessment ESMF - Environmental and Social Management Framework ESMP - Environmental and Social Management Plan FMW - Federal Ministry of Works FGN - Federal Government of Nigeria FGD - Focus Group Discussion FERMA - Federal Roads Maintenance Agency FRDP - Federal Roads Development Project IDA - International Development Association LGA - Local Government Authority PAD - Project Appraisal Document PAP - Project Affected Person PRA - Participatory Rural Appraisal PIU - Project Implementation Unit PIM - Project Implementation Manual PSP - Private Sector Partner or Private Sector Participation RAP - Resettlement Action Plan ROW - Right of Way RPF - Resettlement Policy Framework RSDT - Road Sector Development Team SPIU - State Project Implementation Unit SRMC - Sector Reform Management Committee SSI - Semi Structured Interview WB - World Bank.



EXECUTIVE SUMMARY ES 1 Introduction

The Federal Government of Nigeria (FGN) through the Federal Ministry of works, (FMW) requested the World Bank’s support towards the Federal Roads Development Project (FRDP). The purpose is to meet the immediate and short term funding needs for the federal road network and support Government’s efforts with policy and institutional reforms promoting improved service delivery, road management and financing. The FRDP will be implemented in three phases. The phase 1 will support the implementation of institutional reforms as well as rehabilitation, upgrading and maintenance of selected unity roads. The project will not involve land acquisition because the road rehabilitation will be carried out on the existing right of way (ROW). Temporally shops and structures along the ROW of the road corridor will be displaced. This will result to involuntary displacement and disturbance of access to means of livelihoods, and therefore, triggering the World Bank’s Operational Policy 4.12 (Involuntary Resettlement). The scoping survey reports that less than 200 persons and or business will be affected, hence, the need to prepare an abbreviated resettlement action plan (ARAP) in line with World Bank OP 4.12 to ensure that the Project Affected Persons (PAPs) are adequately compensated or provided assistance.

ES 2 Objectives of the Abbreviated Resettlement Action Plan of the Project

The specific objectives of the ARAP are: � To identify persons (individuals or groups) who are affected by

the project; � To identify, through consultation, appropriate options for the

resettlement and compensation of PAP, which are consistent with Nigeria Laws, World Bank’s Operational Policy 4.12 and IFC Performance Standards 5: Land Acquisition and Involuntary Resettlement and

� To determine a process for resettlement, compensation and land acquisition, consistent with the project’s objective.



ES 3 Scope of Work The scope of work underlying this ARAP is the identification of project impacts and affected population through the following:

• Thematic maps;

• Census that enumerates project affected persons (PAPs) and registers them according to location;

• An inventory of lost and affected assets at the household, enterprise, and community level;

• Socio-economic surveys and studies of all affected populations as may be deemed necessary;

• Analysis of surveys and studies to establish compensation parameters, to design appropriate income restoration and sustainable development initiatives;

• Identify baseline monitoring indicators

• Consultation with affected populations regarding mitigation of impacts and development opportunities

ES 4 Approaches and Methodology of Social Assessment

Resettlement planning is necessary whenever displacement or relocation occurs as part of project activities. Prior to implementation of the resettlement activities, baseline data is collected and potential impacts are identified and analyzed. Mitigation measures are then put in place to address negative impacts and compensatory plans are designed and recommended.

The resettlement team visited the local authorities, market authorities, vendor unions and the project affected persons in Ikom, Nkarasi 1, Ekeobinagu-Emene and Abakpa-Enugu, being the major areas with possible significant impacts on socio-economic lives of communities, especially PAPs.

Detailed field visits were carried out across the communities of project area of influence. The field visits were used to identify and undertake detailed inventory of PAPs as well as update baseline information of the project areas.



ES 5 Impacts of the Project

The impacts of the road project as it concerns the social aspect are categorized into positive and negative impacts. Whereas the positive impacts are more, the negative impacts are minimal and subject to mitigation.

• Positive Impacts

o Easy access to market and business o Reduction in the rate of accidents due to poor road o Improve condition of living due to easy movement of input and

output by farmers and business people o Inter-state transportation convenience and reduction in traveling

time o Reduction in road congestions

• Negative Impacts

o Disturbance to access to business and movement o Displacement of vendors along the right of way of the high way o Destruction of economic trees o Reduction in income and livelihoods

Negative impacts are neutralized via involuntary resettlement budget plan.

ES 6 Indicative Budget for ARAP Implementation The total indicative budget for the ARAP implementation is Four Million, Six Hundred and Ninety Four Thousand Seven Hundred and Sixty Three Naira Forty Three Kobo (N4,694,763.43). This is comprised as shown in the table below:

Table E1: Indicative budget for ARAP implementation DESCRIPTION LOCATIONS/NO OF PAPS TOTAL

IN NAIRA EMENE-ABAKPA (60)

ABAKILKI (5)

OGOJA-IKOM (24)

1. Cost of replacement of structure and /or cost of shifting affected structure/vendor

213,360 184721.3

495,659.93

884,816.3

2. Loss of Income 2,059,600 147,400 1,111,080.07

2,860,200



3. Compensation for Economic Tree

NA NA 60,000 60,000

Sub-Totals 2,272,960 373,721.3 1,166,740 3,813,421.3

4. Capacity Building and enlightenment for ARAP Implementation (Lump sum)

500,000

5. Monitoring and Supervision of ARAP Implementation (10 % of Total)

381,342.13

TOTAL 4,694,763.43



1.0 INTRODUCTION

1.1 Preamble and Historical Perspective In response to the enormous transport challenges in linking communities together, reducing passenger travel times, transport cost for both freight and passengers, vehicle operating costs, traffic related fatalities on targeted federal roads while increasing access to markets, jobs, education, and health services as well as assisting the Federal Government of Nigeria (FGN) to manage Nigeria's federal road assets in a sustainable manner; The Federal Government of Nigeria (FGN), through the Federal Ministry of Works (FMW), has requested World Bank’s support for the Federal Roads Development Project (FRDP). The FRDP is a major investment in improving the quality of life of Nigerians, especially those in the rural areas. The Federal Roads Development Project is organized into three components to support both the implementation of the proposed reform and the financing of critically needed investments. The three main components are:

� Policy and Institutional Reforms � Institutional Capacity Building � Upgrading, Rehabilitation and Maintenance of Federal Roads

The activities under the investments for the Unity Roads will entail routine and periodic maintenance, rehabilitation, upgrading and provision of additional carriageways for the 5700 kilometers identified by the project base documents. As part of the preliminary three-phased program the rehabilitation works on the Enugu Abakaliki Route length (77Km) and Ogoja Junction to Ikom Route length (52.438 Km) is to commence and estimated to be for a period of 24 months. The two roads rehabilitation falls within the Enugu-Bamenda multinational highway and transport facilitation programme inaugurated at the Nigerian–Cameroon joint border post, Mfum, along Ikom–Cameroon border road on Thursday 17th June 2010.



The project, which was co–financed by the African Development Bank, the World Bank and the Japanese International Co-operation Agency, are targeted at increasing trade and strengthening co-operation between Cameroon and Nigeria.

The 443- kilometre Bamenda– Enugu road corridor, comprises of other roads including the Bamenda–Mamfe–Ekok road sections in Cameroon and the Mfum –Ikom–Mbok (Ogoja Junction)–Abakaliki– Enugu road sections in Nigeria.

Other scheduled works in the entire project, considered to be of great benefit to the people of Nigeria and Cameroon, are the pavement strengthening of the 25- kilometre Ikom-Mfum road, reconstruction of the 86-kilometre Abakaliki–Mbok (Ogoja Juncton) road, and rehabilitation of Enugu Abakaliki road and Ogoja Junction–Ikom road, which covered a distance of 77 kilometres and 52 kilometres respectively. These are being rehabilitated under the World Bank funding.

The project will not involve land acquisition because the road rehabilitation will be carried out on the existing right of way (ROW). Temporally shops and structures along the ROW of the road corridor will be displaced. This will result to involuntary displacement and disturbance of access to means of livelihoods, and therefore, triggering the World Bank’s Operational Policy 4.12 (Involuntary Resettlement). The scoping survey reports that less than 200 persons and or business will be affected, hence, the need to prepare an abbreviated resettlement action plan (ARAP) in line with World Bank OP 4.12 to ensure that the Project Affected Persons (PAPs) are adequately compensated or provided assistance. 1.2 Involuntary Resettlement This policy covers direct economic and social impacts that both result from the World Bank-assisted investment projects, and are caused by:

• The involuntary taking of land resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets, or (iii) loss of income sources or means of livelihood, whether or not the affected

persons must move to another location; or not.



• The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. The Resettlement Policy Framework (RPF) report discusses the applicability of this policy in detail.

The core requirements of OP 4.12 are as follows: Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs. Assist project affected persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them back to the former status

• Encourage community participation in planning and implementing resettlement.

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

Under the World Bank Safeguard Policy, on involuntary resettlement, a project is classified as full Resettlement Action Plan (RAP) when the number of people to be displaced involuntarily is from 200 and above and/or when the land take involves 10 percent of the total holding. On the contrary, if the number of people to be displaced or affected is less than 200, and land take is less than 10 percent of the total holding, it advocates for Abbreviated Resettlement Action Plan (ARAP). 1.3 The Contract Award The contract for the Abbreviated Resettlement Action Plan for the Enugu- Abakaliki, Ogoja Junction- Ikom Road rehabilitation was awarded to Mrs Olakitan Ogungbuyi on individual contract on the 14th October, 2010. The following documents were collected from the RSDT on signing of the contract:

• Project Appraisal Document for a Federal Road Development Project;

• Final Report Environmental /Social Screening and Scoping Report;

• Resettlement Action Plan (2007) for the dualization of Enugu- Abakaliki- Ogoja- Ikom Road, African Development Bank; June 2007;



• Environmental and Social Impact Assessment Report; and

• Road Sector Development Team 2010, Engineering Design of Rehabilitation of Enugu- Abakaliki, Ogoja Junction- Ikom Road.

1.4 A Chat with the Environmental and Safeguard Unit RSDT On signing of the contract, there was an initial meeting with environmental and safeguard unit Road Sector Development Team to secure assistance with respect to measures to safeguard all equipment and staff deployed to the field for sampling and data collection through an introduction letter which was duly given.

1.5. Kick off Meeting and Field Trip A kick-off meeting was organized on the 21st October 2010 at Enugu under the Supervision of the Social Safeguard officer of Road Sector Development Team (RSDT). The meeting had in attendance the ARAP Consultant and teams’ members for the ARAP. Representatives of other consulting companies for the development of the Environmental Management Plan for the road works were also present. At the meeting, a short brief about the project was given, the boundaries for the roads were highlighted and team members were taken on a familiarization tour of the roads.



2.0. Approach and Methodology of Social Assessment

Resettlement planning is necessary whenever displacement or relocation occurs as part of project activities. Prior to implementation of the resettlement activities, baseline data is collected and potential impacts are identified and analyzed. Mitigation measures are then put in place to address negative impacts and compensatory plans are designed and recommended.

Specifically for the project under review, the methodology is as follows:

• Harmonization of project schedule and scope with Road Sector Development Team;

• Collection of relevant documents and literature materials

• Reconnaissance survey of the project area to scope impacts along the right of way of the road project;

• Documentation of existing land use activities within the Right-of-Way and the status of PAPs along the road corridor.

• Staff organization and training of enumerators (Each of the enumerators were given tag with numbers).

• Review of various documents including:

o RAP document carried out for the proposed project area in 2006,

o the Nigerian regulatory framework on involuntary resettlement;

o World Bank safeguard policies on resettlement, and

o Baseline socio-economic survey of the project areas



Public Consultation and focus group discussions: This was continuous and a major thrust throughout the project, for identifying PAPs, informing the communities about the proposed project, eliciting their concerns and possible mitigation measures to proposed impacts. The resettlement team visited the local authorities, market authorities, vendor unions and the project affected persons in Ikom, Nkarasi 1, Ekeobinagu-Emene and Abakpa-Enugu, being the major areas with possible significant impacts on socio-economic lives of communities, especially PAPs.

2.1. Field Surveys: Detailed field visits commenced in earnest on Friday 22nd,November 2010 and were carried out across the communities of project area of influence. The field visits were used to identify and undertake detailed inventory of PAPs as well as update baseline information of the project areas.

2.2. Major Sub-Activities of the ARAP

In the preparation of the ARAP, stakeholders were sensitized of the project. The following were carried out in doing the project:

• Census and socioeconomic survey of the Affected Vendors and Households;

• Consultations and discussions with the PAPs; • Categorization and valuation of assets to be affected; • Preparation of an entitlement matrix detailing the PAPs names,

affected assets and costs; • Preparation of a budget and time table for the ARAP implementation. • Establishing a mechanism for Grievance resolution.

2.3 Work Programme In order to achieve the drawn up target objectives, a work programme was developed. This is as presented below. DAY ACTIVITY MEASURABLE INDICATOR

ARRIVAL TO ENUGU Day 1 Reconnaissance survey of the project area

Thematic description of communities and areas requiring Census



Recruiting of Enumerators Trained and tested with questionnaire template

Day 2 Identification of Communities, Leaders and stakeholders

1st stakeholder consultation

Day 3 Census of PAPs /Public Consultations

Inventory/verification of completed forms and pictures General stakeholder consultation

Day 4 Census of PAPs

Public Consultations





ARRIVAL TO IKOM Reconnaissance survey of the project area

Thematic description of communities and areas requiring Census

Day 6

Recruiting of Enumerators Trained and tested with questionnaire template

Identification of Communities, Leaders and stakeholders

1st stakeholder consultation Day 7

Census of PAPs Inventory/verification of completed forms and pictures







Day 10

Public Consultations General Stakeholder

Day 11

Commencement of Post field activities



Reconnaissance Survey along the Ogoja Junction- Ikom Road 2.4. Objectives of the ARAP

� The objective of the consultation is to prepare an abbreviated Resettlement Action Plan (ARAP) for the Enugu- Abakaliki and Ogoja- Ikom Roads under phase 1 of the FRDP.

� To ensure that implementation of the Federal Roads project does no harm to the environment and population.

� Identification of project impacts and affected population(individuals or groups) who are affected by the project

� To identify, through consultation, appropriate options for the resettlement and compensation of PAP, which are consistent with Nigeria Laws, World Bank’s Operational Policy 4.12 and IFC Performance Standards 5: Land Acquisition and Involuntary Resettlement and



� To determine a process for resettlement, compensation and land acquisition, consistent with the project’s objective.

2.5 Scope of Work of Consultant

The scope of work underlying this ARAP is the identification of project impacts and affected population through the following:

• Thematic maps;

• Census that enumerates project affected persons (PAPs) and registers them according to location;

• An inventory of lost and affected assets at the household, enterprise, and community level;

• Socio-economic surveys and studies of all affected populations as may be deemed necessary;

• Analysis of surveys and studies to establish compensation parameters, to design appropriate income restoration and sustainable development initiatives;

• Identify baseline monitoring indicators

• Consultation with affected populations regarding mitigation of impacts and development opportunities



3.0 DESCRIPTION OF PROJECT

3.1 General Description of Study Area Nigeria is situated in West Africa and bordered to the North by Niger Republic; North East by Chad; West by Benin; East by Cameroon and South by the Atlantic Ocean. The land mass of Nigeria is 923,768 sq km, and lies between latitudes 40 00’ N and 140

00’ N, and longitudes 20 50’ E and 140 45’ E. The project areas are the road linking Enugu – Abakaliki and Ogoja – Ikom Junction. The Federal Government of Nigeria has received a credit from the International Development Association (IDA) towards the Federal Roads Development Project (FRDP). It is intended that part of the proceeds of this credit will be applied to eligible payments under the contract for road rehabilitation works package I: (i) Lot A- Rehabilitation of Enugu-Abakaliki Road; and (ii) Lot B – Rehabilitation of Ogoja Junction-lkom Road.



Figure 2.1: Map of Nigeria showing the 3 States of Project Areas Ogoja and Ikom are in the Northern part of Cross River State. Cross River State is a coastal state in South Eastern Nigeria, created in September 1967 from the former Eastern Region. The State occupies 20,156m2 and has a population of 2,888,960 inhabitants (2006 population census). It shares boundaries with Benue State in the north, Ebonyi and Abia States to the west, Cameroon Republic to the east and Akwa-Ibom and the Atlantic Ocean to the south. On the other hand Enugu is the capital of Enugu State; located in the south east and shares boundary with Benue to the North, Anambra to the west, Imo to the south and Ebonyi to the east. Abakiliki on the other hand is the capital of Ebonyi state, carved out from Enugu state. It lies west of Enugu state, Cross River to the east, Abia to the south and Benue to the North.

The Road Rehabilitation works is on Enugu to Abakaliki road a distance of 77 kilometres starting from the 82 division Army Headquarters on geographical location of 6 27’36’N, 7’34’ 42’E and terminates at NNPC junction in Abakaliki at GPS 6 ‘20’55’ N 8 ‘3 36’ E.

The Ogoja Junction–Ikom road, which covered a distance of 52 kilometres starting from Mbok Junction on geographical location of 60 22’11’N, 80 40’42’E and terminates at the Ikom- Mfun junction at GPS 60 9’ 5’N, 80 38’ 44’E in IKom town. The two roads are separated by a distance of 86km though they are on the same route.

The prevailing conditions of the existing roads vary from fairly good with occasional road failures for Enugu-Abakaliki and Ikom-Mfum to deplorable and hardly motorable for most of the Abakaliki-Ogoja junction stretch thus constituting a lot hardship for the region. The scenarios associated with such development project involve activities which have the potential to implicate the environment. An ESIA has been carried out by the project developers in order to comply with the statutory requirements and to identify, evaluate and mitigate the significant potential impacts of the development project on the environment. Specifically In recognition of the fact that environmental and social concerns may arise as a result of the proposed project, the FMW commissioned an Environmental and Social Management



Framework (ESMF) study in fulfillment of the World Bank requirements for project appraisal. The ESMF was prepared to satisfy national and state regulatory requirements as well as World Bank's mandate for Category B projects and it addresses the environmental and socio-economic consequences of the project. As a category B project the expected impacts from the projects are small scale and site specific thus easily remedied. The ESMF described the existing environment for those aspects of the physical, biological, social and economic environment within the study area that are relevant to the project. The framework also identifies the project-environment Interactions during operational phase. In addition, the ESMF defines standard procedures and methods for incorporating environmental and social concerns into the selection, planning and implementation of all sub-projects carried out under the project. Furthermore a Resettlement Policy Framework (RPF) was conducted by RSDT. Theobjective was to set out the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project, when project activities are identified. The Abbreviated Resettlement Action Plan (ARAP) is prepared consistent with the provisions of the RPF. The road development will lower transportation cost, reduce travel time and will provide a significant aid to the poor through greatly improved transport infrastructure and access to marketplaces. The construction/rehabilitation and operation of the Project will bring a large number of direct and induced employment opportunities to the local economy. From the ESIA report an estimated 45,000 or more people as well as schools, hospitals, and other sensitive receptors near the highway will directly benefit from the improved air and acoustic environments; while the potential adverse impacts generated by the road construction will need to be mitigated as appropriate with compensation measures. Such measures need to be determined through an Abbreviated Resettlement action Plan (ARAP) that details the form of compensation schemes targeted at the PAPs related to this project, and documents processes, plans and schemes that have been put in place to facilitate livelihood restoration in line with the RPF.



Fig 2.2: Map indicating the Project Areas Enugu –Abakaliki Route and Ogoja Ikom Junction Route

3.2. Socio-Economic Survey of the Project Areas A socio-economic survey was embarked upon within the three project corridor namely, Enugu project area, Abakiliki project area and Ogoja-Ikom Project area. The socio-economic survey was premised on PAPs with a view to determining their existing socio-economic conditions, and how the project impact may affect them. Specifically, the following thematic socio-economic indicators were examined:

• Gender• Marital Status • Level of Education • Nature of trade/Occupation of PAPs • Number of Dependence

3.2.1. Enugu –Abakaliki Project Route




PROJECT AREA

MALE % FEMALE % Total

Enugu 13 21.7 47 78.3 60 Abakilki 4 80 1 20 5

The above results indicate that the majority of PAPs are females and are dominated in Enugu project area.

Table 3.2: Marital Status of PAPs PROJECT AREA MARRIED % SINGLE % TOTAL Enugu 46 77 14 23 60 Abakilki 1 20 4 80 5

Table 3.2 shows that PAPs constitute of married and single people with Enugu having 77% of PAPs being married and Abakaliki having 80% of the PAPs being single. There was no divorced or widow person amongst the PAPs.


Table 3.3 indicates the educational attainment of PAPs. 15% of the PAPs in the Enugu project area did not attend any formal education. 35 % of PAPs

PROJECT AREA

Total None % Pri % Sec % Post %

Enugu 60 9 15 21 35 20 33.3

10 16.7

Abakilki 5 1 20 1 20 3 60 - - Total Key None No formal education Pri Attended Primary education Sec Attended secondary education Post Attended post secondary education



attended primary education while 33.3% attended secondary education and 16.7 % attended post secondary education. In the Abakaliki Project area none of the PAPs attended post secondary education. 20% had no formal education, 20% attended primary education and 60% attended secondary education.


Location Range of Dependants in percentage (%) 1-2 3-5 6-8 9 & above

Enugu 8.3 38.3 38.3 15.1 Abakiliki - - 60 40

Table 3.4 presents a range for determining the level of dependants of PAPs. It is shown that broad sense, across the 3 project area, PAPs with 3-5 dependants are of the same proportion as those with dependants of 6-8 persons given as 34.8% each. In Enugu project area, PAPs consist mainly of those with 6-8 persons in a household and those with 3-5 persons in a household (ie 38.3% each). PAPs with household of 9 persons and above are 15.1%.

Abakiliki project area, indicates large household as 60% of PAPs have 6-8 dependants while 40 live with at least 9 persons in a household.

Table 3.5: Occupation of PAPs Description of Means of Livelihood (figures are in percentage) Location

Foodstuff Hair dressing/Barbing

Drinks and beverage

Foam Mechanic shop

Fueling Station

Tea shop

Enugu 60 - 35 - - - 5

Abakiliki 50 - - - 40 10 -

Table 3.5 indicates the various types of occupations that PAPs belong to. It is however, necessary to state that the survey confirms that majority of PAPs practice subsistence



farming, but for the purpose of their activities that triggered this ARAP, the concern is on their occupation which may be negatively affected due to the road project.

The survey indicates that PAPs in Enugu project area are dealing on food stuff (60%), drinks and beverage (35%) and tea shop (5%). In Abakiliki project area, PAPs are into food stuff (50%), mechanic work (40%) and Fuel/petroleum selling (10%).

3.2.2. Ogoja- Ikom Junction Route


PROJECT AREA MALE % FEMALE % TOTAL Ogoja-Ikom 18 75 6 25 24

As shown in Table 3.1and 3.6 the total number of PAPs enumerated in three project areas is 89. Out of this number, 5 (5.6%) are from Abakiliki project Area, 60 (67.4%) are within the Enugu Project Area while 24 (27%) are located with the Ogoja-Ikom project area. Out of the total population of PAPs, 54 or 60.7% are females while 35 or 39.3% are males. The above results indicate that the majority of PAPs are females and are dominated in Enugu project area. The implication for this ARAP is that 60.7% of PAPs, representing the female gender belong to the vulnerable group.

Table 3.7: Marital Status of PAPs

PROJECT AREA MARRIED % SINGLE % TOTAL Ogoja-Ikom 12 50 12 50 24

Table 3.7 shows that PAPs constitute of married and single people in equal proportion. There was no divorced or widow person amongst the PAPs. In the three project areas, the survey shows that in the overall, 66.3% of PAPs are married relative to 33.7% of singles PAPs population. Enugu has the highest population of married PAPs (77%) followed by Ogoja-Ikom (50%). This is an evidence that majority of PAPs are likely to have dependants whose welfare may be jeopardized by the project impacts if not properly managed.




Table 3.8 indicates the educational attainment of PAPs. 16.7% of the PAPs in the Ogoja Ikom project area did not attend any formal education. 45.8 % of PAPs attended primary education while 37% attended secondary education.

Of the three project areas, the percentage of PAPs with no education is highest in Abakiliki project area (20%) followed by Ogoja-Ikom (16.7%). PAPs with secondary education are highest in Ogoja-Ikom project area (45.8%) and lowest in Abakilki project area (20%). However, the survey shows that among the PAPs interviewed, secondary school attainment is highest in Abakiliki with 60% while Enugu Project area alone has some PAPs that have post secondary education attainment.

It is instructive to note that the percentage of PAPs with a maximum of primary education (PAPs with no education plus those with primary education) are over 52% and account for the majority of PAPs. This shows that in terms of empowerment or ability to earn alternative means of livelihood, this group of people are disadvantaged.


PROJECT AREA

Total None % Pri % Sec % Post

Ogoja-Ikom

24 4 16.7 11 45.8 9 37.5

-

Key None No formal education Pri Attended Primary education Sec Attended secondary education Post Attended post secondary education



Location Range of Dependants in percentage (%) 1-2 3-5 6-8 9 & above

Ogoja-Ikom 12.5 33.3 20.9 33.3

The distribution in Ogoja-Ikom area shows that 12.5% are for 1-2 dependants, 33.3% each are for households with 3-5 and at least 9, while 20.9% are the proportion of households with 6-8 persons.

Assume 6 persons and above indicate a range for large household, then PAPs in the 3 project areas consist of large households. Abakiliki project area however, is highest with 100% in terms of proportion of dependence or large household, followed by Ogoja-Ikom project area with 54.2%.

Table 3.10: Occupation of PAPs Description of Means of Livelihood (figures are in percent) Location

Foodstuff Hair dressing/Barbing

Drinks and beverage

Foam Mechanic shop

Fueling Station

Tea shop

Ogoja-Ikom

40 10 20 30 - - -

40% of PAPs along Ogoja-Ikom project area are selling food stuff, this is followed by those selling foams (30%) and the proportion selling drinks and beverages while 10 % are artisans, who are into barbing and hair-dressing. The survey shows that majority of PAPs across the 3 project areas are petty traders dealing mainly on food stuff. PAPs trading on food stuff are highest in Enugu (60%). This population is situated more in Emene market than in Abakpa junction. The lowest number of PAPs trading on food stuff is found along Ogoja-Ikom project area (40%).

The above analysis shows that PAPs are predominantly low income earners whose welfare might be undermined by the project impacts.



Table 3.11: Income Category of PAPs Enugu Ikom-Ogoja Abakiliki Income Category

(Naira) No % No % No %

0-999 14 23 7 30.4 1 20

1,000 – 1,999 20 32.8 13 56.5 1 20

2,000 – 3,000 25 41 2 8.7 1 20

3,100-5000 2 3.2 1 4.4 2 40

Total 61 100 23 100 5 100

Table 3.11 above depicts the income capacity of PAPs in the three project areas. For Enugu project area, Table 2.6 shows that PAPs on income range of N2000 to N3000 occupy 41 percent of the proportion of PAPs in Enugu project area. Field survey reveals that this group is essentially from traders in Abakpa junction, whereas PAPs on income less than N1000 per day in Enugu project area form 23% of the PAPs in Enugu project area. Field survey also shows that this group is found in Emene area of Enugu. PAPs on income level above N3000 represent 3.2% of the proportion of PAPs in Enugu project area. The implication of the result in income distribution of PAPs in Enugu is that PAPs, particularly in Abakpa junction are living reasonably above abject poverty level



of UN definition. However, the overall picture is that PAPs are low income earners who may be worse-off by the shock of project activity on their means of income.

For Ikom-Ogoja project area, the Table shows that the highest proportion (56.% ) of PAPs earn between N1000 and N1,999 per day, while those on income above N3000 make up only 4.4%. PAPs in Ikom-Ogoja project area are low income earners and will be vulnerable to shock on their means of livelihood.

Table 3.11 shows that PAPs on income above N3000 are more in Abakiliki project area than those on other income groups. This is essentially, because people of this area are more of rural subsistence farmers than traders. The proportion of those to be affected by the project is therefore, relatively small when compared to the other project areas. However, the overall picture shows that PAPs on income level of less than or equal to N3000 are about 60%, and shows that PAPs are reasonably low income earners.

Table 3.12: Distribution of PAPs by Age Age

0-15 16-30 31-45 46-60 >60

Project Area

Location

No % No % No % No % No %

Total No

Emene 0 0 7 20 18 51 10 29 0 0 35 Enugu Abakpa 0 0 2 8 21 81 3 11 0 0 26 Izzi 0 0 0 0 0 0 0 0 1 100 1AbakilikiEzza 0 0 0 0 4 100 0 0 0 0 4Nkim-Ikom

0 0 7 47 8 53 0 0 0 0 15

Nkarasi-Ikom

0 0 0 0 3 75 0 0 1 25 4

Ikom-Ogoja

Mbuk-Ogoja

0 0 0 0 4 100 0 0 0 0 4

Total 0 0 16 18 58 65 13 15 2 2 89 Table 3.12 shows age distribution of PAPs in the project areas. The largest proportion of PAPs (65%) is within 31-45 years old. Although children, ages 0-15 years will be affected indirectly, the result of the census shows that they are not directly affected. Other age groups directly affected by the project are 16-30 (18%), 46-60 (15%) and > 60 (2%). PAPs above 60 years old are found in Izzi-Abakiliki and at Nkarasi-Ikom project areas.



4. POLICY AND REGULATORY FRAMEWORK

The following policy and regulatory frameworks guided the preparation of this ARAP:

4.1 World Bank Safeguard Policies

The World Bank Group is made up of two unique development institutions owned by 187 member countries: the International Bank for Reconstruction and Development(IBRD) and the International Development Association (IDA).

Each institution plays a different but collaborative role in advancing the vision of inclusive and sustainable globalization. The IBRD aims to reduce poverty in middle-income and creditworthy poorer countries, while IDA focuses on the world's poorest countries.

Their work is complemented by that of the International Finance Corporation (IFC), Multilateral Investment Guarantee Agency (MIGA) and the International Centre for the Settlement of Investment Disputes (ICSID).

Whereas: • The World Bank uses Safeguard Policies which apply to projects

owned by States and the Public sector; • The IFC uses performance standards, and are used for projects

owned or sponsored by the private sector; • The MIGA provides political risks guarantees that may accompany

an investment in an untested environment. This project is a public good under the ownership of the Federal Ministry of Works therefore; the World Bank Safeguard Policies are used. The World Bank has ten (10) Safeguard Policies to reduce or eliminate the adverse negative effects of development projects, and improve decision making.

With respect to this report (ARAP), the OP/BP 4.12 (Involuntary Resettlement) is applied. The above-mentioned policy is reviewed in section 1.2 of the chapter 1 of this report.



4.2 Nigeria Regulatory Framework With regards to management of the bio-physical environment throughout Nigeria, the overall responsibility was held by the now defunct Federal Environmental Protection Agency (FEPA), which was absorbed into the Federal Ministry of Environment (FME) in 1999.

4.2.1 Federal Ministry of Environment (1999 Presidential Directive) The Federal Environmental Protection Agency (FEPA) was established by Decree No. 58 of 1988 and subsequently amended by Decree 59 of 1992 with further amendment by Decree 14 of 1999. FEPA was absorbed into the Federal Ministry of Environment (FMENV) in 1999 by a presidential directive and its functions among others are now the responsibility of the new Ministry. The FEPA Act has now been repealed in the NESREA Act No 25 of 2007. Though the FEPA Act has now been repealed in the NESREA Act No. 25 of 2007, the Regulations pursuant to it are still valid in Regulatory terms. 4.2.2 The National Environmental Standards and Regulations Enforcement Agency (NESREA) Act No 25 of 2007 The Agency, shall, subject to the provisions of this Act, have responsibility for the protection and development of the environment, biodiversity conservation andsustainable development of Nigeria’s natural resources in general and environmental technology, including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines. NESREA mandate includes the establishment of federal Road air quality standards and effluent limitations, protection of air and atmospheric quality; protection of the ozone layer; control of the discharge of hazardous substances; inter alia and ensures that all major development projects in Nigeria are subject to mandatory Environmental Impact Assessment (EIA) pursuant to EIA Act. No. 86 (Decree No. 86) of 1992. 4.2.3 Environmental Impact Assessment (EIA) Act Cap 131 LFN 1992; This law makes it mandatory to have an EIA study for any major development project likely to have



adverse effects on the environment and seeks to encourage the development of procedures for information exchange, notification and consultation between organs and persons when proposed activities are likely to have significant environmental effects on boundary or trans-state or on the environment of bordering towns and villages. The law prescribes the procedure for conducting and reporting EIAs.

4.2.3.1 Sectoral EIA Guidelines In September 1995, FEPA (now Federal Ministry of Environment) published Sectoral EIA Guidelines for Infrastructural Projects. The Guidelines are for any project that involves:

• Coastal Development Project • Port and Harbour Development Project • Railways • Roads and Highways, • Airports • Urban development project • Domestic water supply and sanitation project • Electrification projects

4.3. Nigerian Urban and Regional Planning Law No 88 of 1992

Section 333 requires every developer of Land exceeding 4000 m2 or four floors to submit a detailed EIA report to an appropriate Development Control Department in the area of project location.

4.4. Land Use Act Cap 202 LFN 1990.As contained in the Land Use Act of 1978, which was modified in 1990 all Land in Nigeria is vested in the Governor of each state, and shall be held in trust for the use and common benefit of all people. The administration of land area is divided into urban land, which will be directly under the control and management of the Governor of each state; and non urban land, which will be under the control and management of the Local Government. The Governor of each state will have the right to grant statutory rights of occupancy to any person for any purposes; and the Local Government will have the right to grant customary right of occupancy to any person or organization for agricultural, residential or any other purposes.



The rational for the Act was that dispute over land were resulting loss of lives and properties; moreover, that the management and ownership of land needed to be streamlined and simplified; and furthermore that citizens, irrespective of their social status, need support to realize their aspirations owning a place where they and their family can lead a secure and peaceful life. Therefore the twelve (12) sections found to be relevant to the RAP purpose are hereunder stated. i) Section 1: Subject to the provisions of this Act, all land comprise in the territory of

each state in the Federation are hereby vested in the Governor of each state and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.

i) Section 2 (a): All land in urban areas shall be under the control and

management of the Governor of each state; and (b) all other land shall be under the control and management of Local government within the area of jurisdiction in which the land is situated.

ii) Section 5 (1): It shall be lawful for the governor in respect of land , whether or

not in an urban area (a) to grant statutory rights of occupancy to any person for all purposes.

iii) Section 6 (1): It shall be lawful for a Local Government in respect of land not in

an urban area (a) to grant customary rights of occupancy to any person or organization for the use of land in the Local Government area for Agriculture, Residential and other purposes; (b) To grant customary rights of occupancy to any person or organization for use of land for grazing purposes as may be customary in the local government area concerned.

iv) Section 6 (3): It shall be lawful for a local Government to enter upon, use and

occupy for public purposes any Land within the area of its jurisdiction, and for the purposes, to revoke any customary right of occupation on any such land.

v) Section 6 (5): The holder and occupier according to their respective interest of

any customary right of occupancy revoked under subsection (3) of this section



shall be entitled to compensation for the value at the date of revocation, of their unexhausted improvement.

vi) Section 6 (6): Where land in respect of which a customary right of occupancy is

revoked under this Act was used for Agricultural purposes by the holder, the local Government shall allocate to such holder alternative land for use for the same purpose.

vii) Section 28 (1): It shall be lawful for the government to revoke a right of

occupancy for overriding public interest. viii) Section 29(1): If a right of occupancy is revoked, the holder and occupier shall

be entitled to compensation for the value at the date of revocation of their unexhausted improvements.

ix) Section 29 (3): If the holder or occupier entitled to compensation under this

section is a community the Governor may direct that any compensation payable to it shall be paid (a) to the community or (b) to the chief or leader of the community to be disposed of by him for the benefit of the community in accordance with the applicable customary law (c) into some fund specified by the Governor for the purpose for being utilized or applied for the benefit of the community.

x) Section 29 (4): Compensation under subsection (1) of this section shall be (a)

the land for the amount equal to the rent, if any paid by the occupier during the year in which the right of occupancy was revoked, (b) Buildings, installation or improvements thereon, for 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 and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be sustained by documentary evidence and proof to the satisfaction of the appropriate officer, (c) crops on land apart from any building, installation or



improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer.

xi) Section 33(1): Where the right of occupancy of any developed land on which a

residential building had been erected is revoked under this Act, the Governor or the Local Government, as the case may be may in his or its discretion offer in lieu of compensation payable in accordance with the provision of this Act, resettlement in any other place or area by way of a reasonable alternative accommodation (if appropriate in the circumstance).

In the event of use of land for public interest, the Act specifies as follows:

• That the government should resettle and/or compensate occupants of land with Certificate of Occupancy (C of O); or

• Issue notice to occupiers of land prior to displacement of land for public project.

In practice, government does not compensate known rightful owners of land/asset when the affected land/assets are located within the right of way of utilities. Rather, the government enforces involuntary displacement by demolition the structures and assets that are located within the land mapped for project.

4.5 Comparison between Land Law in the Federal Government of Nigeria and Bank OP 4.12

The RPF also presented a comparison of the Land Laws in Nigeria with the World Bank Policy. 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 (Appendix 2) 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. However, as the proposed Road Rehabilitation is to be funded by the World Bank, the principle of OP 4.12 is not negotiable and must be adhered to. As a result, the ARAP would adopt the Land Use Act 1978 (modified in 1990) and where, there is conflict, the Bank OP 4.12 would take precedence. The comparison is presented in Table 4.1.



Table 4.1: Comparison of Nigerian Land Use Act (1978) and World Bank’s OP 4.12

CATEGORIES OF PAPS/TYPE OF LOST ASSET

NIGERIAN LAND USE ACT WORLD BANK

Land Owners Cash compensation based upon market value

Recommends land-for-land compensation, or cash compensation at replacement cost.

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

Entitled to some form of compensation subject to the legal recognition of their occupancy.

Land Users Not entitled to compensation for land; entitled for compensation for crops

Entitled for compensation for crops, for land replacement and income loss compensation for minimal of the pre-project level.

Owners of Non permanent Buildings

Cash compensation based on prevailing market value

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

Owners of permanent Buildings

Cash compensation based on prevailing market value

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

The ARAP for this road project will be aligned with the World Bank Operational Policy (OP 4.12) which indicates best practices to rehabilitation of livelihoods of people affected by the implementation of the project. Hence, where there are gaps between the Land Use Act (1978) and the World Bank Policy (OP 4.12), in regard to compensation of PAPs, the World Bank’s Policy will apply since it is to fund the project.



5. VALUATION AND COMPENSATION OF AFFECTED STRUCTURES AND PROPERTY

5.1 Introduction Valuation of assets to be affected by the implementation of the project was conducted using a general principle adopted in the formulation of the compensation valuation which follows the World Bank’s Policy that lost income and asset will be valued at their full replacement cost such that the PAPs should experience no net loss. The asset valuation was conducted by a qualified surveyor based on the current market prices in the concerned state of project influence.

5.2 Entitlement Policy Since the project entails the rehabilitation of existing road network, we do not anticipate new land take; therefore, land displacement is not envisaged.

On the above basis, project affected persons (PAPs) are mainly vendors trading along the right of way (ROW) of the road corridor and those whose signets, fences and kiosks intercepts the ROW of the project. As a result, Project Affected Persons (PAPs) would be entitled to the following types of compensation and rehabilitation measures.

5.2.1 PAPs Losing Structures

• Generally, all PAPs concerned in this project are without legal rights of

land use.

• There will be no land compensation, but the structures and other assets on land will be compensated as applicable to PAPs with legal rights of land use.



5.2.2 Vendors displaced from road corridors • These include all the PAPs whose kiosks, tables and shop-corridor

intercepts the ROW of the highway. PAPs will be paid the replacement value for their assets to be removed.

• PAPs will be compensated for livelihood restoration due to loss of business days which will be determined by the expected number of days of construction.

5.2.3 PAPs with loss of economic trees • Full compensation will be paid for the estimated market values of the

economic tree in at least two seasonal harvests.

5.3 Eligibility Criteria for Affected Persons Any person who will suffer loss or damage to an asset, business, trade or loss of access to productive resources, as a result of the project will be considered eligible for compensation and/ or resettlement assistance.

The cut-off date for being eligible for compensation and/ or resettlement assistance was the 25th October 2010, which is the last day during which the socio-economic survey was completed. The completion of the census represents a provisional cut-off date for eligibility for resettlement assistance. Sufficient public awareness of the cut-off date was given to the community through the community elders and leaders. If there is a significant time lag between the completion of the census and implementation of the RAP, resettlement planners should make provision for population movements as well as natural population increase and expansion of households, which may include a repeat census. Although concessions should be made for enumerator errors and omissions, as a rule people moving into the project area after the cut-off date should not be entitled to assistance.



Nevertheless individuals or groups who are not present at the time of registration but who have a legitimate claim to membership in the affected community can be accommodated. Such groups might include absent family members engaged in migrant wage labor or nomadic pastoralists who use local resources on a seasonal basis. PAPs also include:

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

• Those who do not have formal rights to land at the at the time the census begins but have a claim to such land or assets and become recognized during the survey; as well as

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

5.4 Proof of Eligibility

The PIU will consider various forms of evidence as proof of eligibility as stated in the RPF, to cover the following:

• PAP with formal legal rights, documented in the form of land title registration certificates, leasehold indentures, tenancy agreements, rent receipts, building and planning permits, business operating licenses, and utility bills among others: unprocessed/unregistered formal legal documents will be established in the ARAP.

• PAP with no formal or recognized legal rights-criteria for establishing non-formal, undocumented or unrecognized 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 traditional authority, customary heads, community elders, family heads and elders and the general community.



However only PAPs enumerated during the baseline survey shall be eligible for either the compensation or supplemental assistance. In other words the date of completion of baseline survey (25th October 2010) is the cut-off date for receipt of compensation or any assistance. Any new structures or additions to existing structures carried out after the cut-off date and their occupants will not be eligible for compensation or supplemental assistance.

5.5 Notification All properties affected by the proposed civil works have been valued and assessed according to laid down procedure. Owners of affected properties have been notified in several ways. These included one on one notification during the socio-economic survey, and also during public consultation. A compensation valuation of all affected properties was carried out to assess commensurable values.

5.6 Method of Valuation for compensation The method has been briefly described below:

Replacement Cost Method The Replacement Cost Method, which is used in estimating the value of the property/structure, is based on the assumption that the capital value of an existing development can be equated to the cost of reinstating the development on the same plot at the current labour, material and other incidental costs. The estimated value represents the cost of the property as if new.

Land Resettlement The World Bank OP 4.12 requires that displaced owners of land be provided with an area of land equivalent to their displaced land. Land restoration should be in a location that has similar value as the one displaced to the project. However, land resettlement will not occur since it entails the rehabilitation of existing highways and no new land is to be acquired.

Disturbance and Other Incidental Contingencies Affected business premises which will have to close shop or be relocated will be given compensation for loss of business time or assistance for transportation.



Affected Structures: Immovable Structures/Property: This consists of all structures/property that are not moveable (Immovable) such as Fence and Economic Trees etc.

Moveable Structures/Property:This includes Kiosks, Metal sign posts, Overflow canopies and Tables.

The PIU will arranges and make payment of estimated values to the beneficiaries. This is to enable the PAP’s to start arranging for alternative accommodation or resettle elsewhere.

5.7 Payment of Compensation Compensation to Owners of Immovable Structures Owners of Immovable Structures will be paid compensation that will be based on assessed values of their properties. The compensation will be paid by the RSDT which is the implementing agency. Compensation to owners of structures will be based on the

• cost of replacement of structure;

• Income loss per day of the construction operation estimated at 21 days. (This is subjectively the time it will take the Project Affect Persons to move and adjust for business in an alternative place. It pays for income loss for the number of days in view of the fact that they on the utility Right of Way.)

• cost of agricultural crops to be affected at full market price



5.8 Entitlement Matrix Table 5.1: Entitlement Matrix showing categories of project affected persons, type of loss and compensation

CATEGORY OF PAP TYPE OF LOSS ELIGIBILITY CRITERIA ENTITLEMENTS

Loss of land

Holder of a title, leaseholder

Compensation at current market price Compensation at full replacement cost value, mobility allowance and disturbance

Property Owners

Loss of structure

Building permit, structure drawings, three neighbor witnesses and photographs (of informal properties)

Compensation for missed profit

Loss of farm land

Evidence of ownership Compensation at full replacement cost value

Farmers

Loss of agricultural crops

Lease contract, rental receipts, MOU

Compensation at current market price of produce

No loss of land

Lease contract, rental receipt, MOU Compensation for advanced lease Business tenant

Loss of rental accommodation Loss of goodwill

Lease contract, rental receipts, MOU

Compensation for equivalent lease and lost goodwill fee, mobility allowance and disturbance

Loss of land

Holder of a title, leaseholder Compensation for equivalent lease Residence owners

Loss of structure Building permit, structure drawings, three neighbor witnesses and photographs (of informal properties)

Compensation at full replacement cost value

Lease contract, rental receipts, MOU Compensation for advance rent Residence tenant Loss of rental accommodation

Lease contract, rental receipts, MOU Compensation for equivalent accommodation or three months lease, mobility allowance and disturbance

Vulnerable Groups Comfort and Security Elderly, physically challenged, long term sick, Female Household Head

Supplementary compensation to be settled case by case

Squatters/encroachers Loss of use of land Three neighbor witnesses Supplementary assistance, mobility allowance and disturbance

Public amenities Relocation of amenities Amenities in the Right of Way (ROW)

Relocation cost

Religious sites (church) Loss of structure Holder of a title, leaseholder Building permit, structure drawings

Compensation for equivalent lease Compensation at full replacement cost value.



Based on the Entitlement Matrix and Valuation procedures the total cost of compensation and assistance is given in table 5.2 below. The register of the PAPs is in appendix1.


45 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -IkomJunction Rehabilitation Road Works.

Table 5.2: Valuation of Compensation and Assistance Cost for Project Affected Persons

ENUGU PROJECT AREA

LOCATION NAME OF PAP IDENTITY

SIZE RATEREPLACEMENTCOST AT BASE

YEAR

EXPECTEDREPLACEMENT

COST

INCOMEPERDAY

DAYS INCOMEDAY

COMPENSATIONSUM N

SUBTOTAL

EMENENWAFORLEBECHI

EMENEUGWURAYMOND

EMENEMKPUMANGOZI

EMENENWABUEZEONYINYECHI

EMENENNAMANINKECHI

EMENECHUKWUMARIA

EMENE NGA OBIGERE

EMENEOKOYECHIDINMA

EMENEAKPUMICHAEL

EMENE OTI MODESTA

EMENENDUKAMMESOMA

EMENE AGBO OGECHI

EMENECHARITYUCHE E

EMENEOLUCHIJENIFA



EMENEOGBUABORCHIKAODIRI

EMENE NNAJI HELEN

EMENE EDE AGNES

EMENEROSELINEOGBU O

EMENE EDE GRACE E

EMENE

UGWUGLADYSTHERESA E

EMENEAMARACHIMATHIAS

EMENENNEKANWAFOR

EMENENWAKEGOINA

EMENE ESTHER JERRY

EMENEIFEOMAUKWUEZE

EMENEMONICANWAFOR

EMENEOBIOMAONYINYECHI

EMENEMARYONYIGBO

EMENE THERESA OBI

EMENEELIZABETHAGU

EMENEEMEKAEZEUDU

EMENEHANNAHUSULOR

EMENENNEKACHINEDU



EMENEEUPHEMIANWEZE

ABAKPAIGWECHINYERE

ABAKPAEHINDEROTOLU

ABAKPAECHOGUESTHER

ABAKPAEKEHSUBHUDIRAYA

ABAKPACALISTAUGWU

ABAKPABLESSINGUGWUAGU

ABAKPAPATIENCEDENIS

ABAKPABLESSINGEWULUM

ABAKPA NNADI NNEKA

ABAKPAOGARABEUZONNA

ABAKPA LETICIA MBAH

ABAKPAALH USMANIDI

ABAKPA LOUISA EBERE

ABAKPAONYIABLESSING

ABAKPA KEKUNA ROSE

ABAKPAABDULLAHIMOHAMMED

ABAKPA MRS AKPAN

ABAKPAJOSEPHINEUCHE OBIORA

ABAKPA MRS



ROSELINE

ABAKPA MRS UGBABE

ABAKPAODOHANULIKA

ABAKPAIBEKWEKELECHI

ABAKPA MATILDA EZE

ABAKPA JOHN BOSCO

ABAKPAABDULLAHISANI

ABAKPAMOHAMMEDABUBARKAR

T


49 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom JunctionRehabilitation Road Works.

ABAKILIKI PROJECT AREA

LOCATION NAME OF PAP IDENTITYSIZE RATE

REPLACEMENTCOST AT BASE

YEAR

EXPECTEDREPLACEMENT

COST

INCOMEPER DAY DAYS INCOME

DAYCOMPENSATION SUM N

SUBTOTAL

IZZI EGEDE CHUKWUMA

EZZA FRIDAY OPARA

EZZA ALI CHINASA

EZZA ALTA CHARLES

EZZA EMEKA EGWUSUBTOTAL

OGOJA IKOM PROJECT AREA

LOCATION NAME OF PAP IDENTITYS RATE

REPLACEMENTCOST AT BASE

YEAR

EXPECTEDREPLACEMENT

COST

INCOME PERDAY DAYS

I DCOMPENSATIONSUM N

SUBTOTAL

IKOM TIMOTHY OBOK C

IKOM BLESSED ARAU E

IKOM NOBERT DURU E

IKOM JOEL AKORIG E

IKOM ROSELINE OBINNA E

IKOM GLORIA OVU JOSEPH E

IKOM ENYI OJUKWU

IKOM DAN ATAH

IKOM AUGUSTINE JOE AGANYI

IKOM JULIET EKPE C

IKOM ANTHONY LUKPATA


50 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom JunctionRehabilitation Road Works.

IKOM KINGSLEY OSING

IKOM MARY UGBALA

IKOM UCHE GODWIN

IKOM FEDERICK NTON E T

IKOM CHARLES EYONG E

IKOMCHUKWUNONSOCHIDINMMA B

IKOM THERESA JOHN E

IKOM MOSES AKPINA

OGOJA MONDAY MONKAP E

OGOJA THANK GOD ASHERI E

OGOJA FRIDAY NKWEDE FRYO

OGOJA PAULINUS NNEJISUBTOTAL

Key:

• Identity: b= bamboo; c=wood/planks, d=asbestos; e=corrugated iron sheet• Identity determines rate• Size x rate = replacement cost at base year price• Replacement cost at base year price x 5% = expected replacement cost• Income per day x no of days (21) = loss of income• Loss of income x expected replacement cost = compensation sum



6. INSTITUTIONAL ARRANGEMENT AND RESPONSIBILITIES

6.1 Introduction

The major institutions that are involved in the Resettlement process are the Road Sector Development Team- Federal Ministry of Works, the World Bank, and the District Resettlement Committee (DRC) in each project designated area.

6.2 Institutional Arrangement The roles and responsibilities of the institutions regarding Resettlement Implementation and Grievance redress is as per table 5.1.

Table 6.1: Institutional Arrangement and Responsibilities for ARAP

S/No

Stakeholders/ Institutions

Responsibilities

1 RSDT • Establishment of District Resettlement Committee (DRC). • Ensuring that the project conforms to World Bank

safeguard policies, including implementation of the Abbreviated Resettlement Action Plan (ARAP), as required.

• Engaging the services of contractors and consultants to carryout preparation and implementation of ARAP and subsequent engaging the service of external monitors for the ARAP implementation.

• Approval of payments to consultants for ARAP activities carried out under the project.

• Internal monitoring and evaluation of ARAP activities. • Preparation of quarterly and annual progress reports on

ARAP implementation. • Submission of Reports to RSDT, and World Bank for

review. 2 World

Bank • Overall responsibility of ensuring that the OP 4.12 is

complied with in the ARAP.



• Responsible for the final review, clearance and approval of the ARAP.

3 Monitoring andEvaluation Officer from the RSDT

• Ensure that there are sufficient resources (time, money and people) to supervise the implementation of compensation

• Ensure that any changes during implementation process that have significant environmental or social impact are communicated to the RSDT in time and advice on actions to be taken and costs involved.

• Ensure that the PIU is sufficiently informed on monitoring results.

4 Social Safeguard Specialist from RSDT

• Has a critical role to play especially in the implementation

of the action plan of the social mitigation measures. • Responsible for the implementation of Resettlement Plan

and social development. Will coordinate with the District Resettlement Committee (DRCs)

5 District Resettlement Committees (DRCs)

• Being responsible for guiding compensation and resettlement activities in district areas.

• Form a survey team to carry out Detailed Measurement Survey (DMS) for affected PAPs and assets; finalize DMS and Entitlement forms for each PAP.

• Checking the unit prices of compensation as used in RP, suggestions for adjusting the unit prices in conformation with market prices/replacement costs (if required) to Project Implementation Unit for approval.

• In co-ordination with RSDT, organize meetings with PAPs, communal authorities disseminate copies of Resettlement Information Booklet (RIB) and entitlement forms.

• Based on the policy and proposed process/mechanism in ARAP, the DRCs prepare the detailed implementation plan (quarterly) and together with RSDT pay entitlements to PAPs and implement for other activities in a timely manner.

• Settling the complaints and grievances raised by complainants and suggest solutions for the outstanding issues to responsible institutions for improving of the ARAP implementation.

• Organise seminars to disseminate the ARAP report to relevant stakeholders, communities, etc.

• Assisting local people in overcoming the difficulties during



the implementation period. 6 Selected

independent NGO

• Will be a grass root level worker, actually dealing with the PAPs. Develop rapport with the PAPs, help in skill upgrading where required, and help obtaining benefits of entitlement framework and appropriate Government programmes. Facilitate in negotiation, if required.

7 Project Affected Persons (PAPs)

• Giving their own opinions and, or support on alternative project designs during Focused Group Discussion,

• Support Community- based developmental project.

6.3. Grievances and Appeals Procedure The objective of a proposed mechanism for complaint is to respond to the complaints of the PAPs in a timely and transparent manner. The mechanism is designed to be easy, transparent and fair. The procedures are proposed as follows; • At the first stage, PAPs will register their complaints and grievances to

the grievance redress committee which will have to provide a written response to the PAPs, within fifteen calendar days of receiving the complaint.

• If the PAPs are not satisfied with the decision of the DRC, the PAPs should present the case to the PIU of RSDT within fifteen calendar days of receiving the written response from the DRC authorities. The decision of the DRC should be sent to PAPs by no later than fifteen calendar days of receipt of the PAPs appeal.

• If the PAPs are not satisfied with the decision at the second level, the case can be submitted for consideration to the district court or to Provincial Peoples Committee.

• PAPs will be exempted from all administrative and legal fees.

6.3.1 Grievance Redress Mechanisms A Grievance Redress Committee will be set up by RSDT to address complaints from ARAP implementation. This committee will be directly under the RSDT-PIU and its members will include legal and accounts representatives of RSDT, and the legal expert from the ministry shall be the secretary. The functions of the Grievance Redress Committee are:



• Provide support to PAPs on problems arising from loss of private properties and business area.

• Record the grievance of the PAPs, categorize and prioritize the grievances that need to be resolved by the committee; and

• Report to the aggrieved parties about the developments regarding their grievances and the decision of the project authorities.

The main objective of this procedure will be to provide a mechanism to mediate conflict and cut down on lengthy litigation, which often delays such infrastructural projects. It will also provide people who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures. However, the major grievances that might require mitigation include: • PAPs not listed; • Losses not identified correctly; • Inadequate assistance; • Dispute about ownership; • Delay in disbursement of assistance and improper distribution of

assistance.


55 | Draft Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom Junction Rehabilitation Road Works

7. MONITORING AND EVALUATION

7.1. Internal Monitoring

Implementation of the Abbreviated Resettlement Action Plan (ARAP) will be regularly supervised and monitored by the Environmental Officer / Social Officer in coordination with staff of the RSDT - PIU. The Social Officer in RSDT will be directly responsible for the implementation of ARAP. The findings will be recorded in quarterly reports to be furnished to the RSDT - PIU, and the World Bank

7.1.1 Tasks of the Monitoring and Evaluation Officer (Social Officer)

• Verify that the baseline information of all PAPs have been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this policy framework and the respective inventory and ARAP.

• Oversee that the ARAPs are implemented as designed and approved. • Verify that funds for implementing the ARAPs are provided to the

respective local level (district) in a timely manner in amounts sufficient for their purposes and that such funds are used by the Cross River, Ebonyi and Enugu State Governments in accordance with the provisions of the ARAP.

• Ensure the identification and signature/thumb print of PAPs before and

during receipt of compensation entitlements. • Record all grievances and their resolution and ensure that complaints

are dealt with in a timely manner.

7.2. Independent Monitoring

An independent agency will be retained by the RSDT to periodically carry out external monitoring and evaluation of the implementation of the ARAP. The independent agency will be either an academic or research institutions, non-governmental organizations (NGO) or an independent



consulting firm. They should have qualified and experienced staff and their terms of reference acceptable to World Bank In addition to verifying the information furnished in the internal supervision and monitoring reports, the independent monitoring agency will visit a sample of 10% of the Project affected Population in each relevant district, six months after the ARAP has been implemented to: • Determine whether the procedures for PAPs participation and delivery

of compensation and other rehabilitation entitlements have been done in accordance with the Policy Framework and the respective ARAP.

• Assess if the ARAP objective or enhancement or at least restoration of living standards and income levels of PAPs have been met.

• Gather qualitative indications of the social and economic impact of project implementation on the PAPs.

• Suggest modification in the implementation procedures of the ARAP, as the case may be, to achieve the principles and objectives of this policy framework.

The terms of reference for this task and selection of qualified agency will be prepared by the RSDT-PIU in collaboration with the World Bank at the beginning of project implementation stage.

7.2.1. NGO Participation in ARAP

An NGO/consulting firm will be contracted by the RSDT to support the detailed design and implementation of the various proposed schemes and measures mentioned above or any additional acceptable schemes that would ensure proper treatment of the PAPs. The NGO /consulting firm will also be responsible for periodical reporting on progress and challenges facing implementation The NGO will be recruited for the implementation of ARAP. The selected NGO will be trained and have skills in resettlement policy and practices and will be based locally with sufficient manpower and leadership. The ARAP Consultants will play a key role in this venture. The following criteria can guide in assessing the NGOs suitability and capabilities for assisting in the resettlement work. The NGO should:

• Be from the project-affected area or have prior work’s experience in the area;



• Have a good track record in terms of program planning and implementation in areas like rural development, poverty, gender and environmental issues;

• Have appropriate staff with technical and social skills in resettlement, community development and participation, including familiarity with the local language(s) and customs;

• Be registered with the government as an NGO with good standing and sound financial condition for project implementation purpose; and

• Not be involved with any political party or religious groups directly or indirectly.

Involvement of NGOs in resettlement projects will be particularly useful in the following areas:

• Gathering and sharing information and avoiding potential problems; • Mobilization and motivation to PAPs to form community based organizations; • Planning and implementing income-generating schemes; • Developing information campaigns and community participation; • Strengthening local institutions and community self-reliance; and • Delivering services to hard-to-reach communities in a more efficient and cost-effective manner.

RSDT will engage the services of the NGOs to partner in the ARAP implementation and to work closely with the DRCs. Key tasks that are to be carried out by the partnering NGOs will include:

• Establishing rapport with PAPs, between the PAPs, the DRCs and RSDT for improving cooperation and coordination;

• Formation of CBOs to organize the PAPs and promote their participation; • Assessing the level of PAP skills and efficiency in pursuing economic activities,

identifying the scope and necessity for training, and conducting such programs to improve the efficiency and/or to impart new skills to PAPs;

• Assisting PAPs in receiving resettlement and rehabilitation entitlements due to them, particularly compensation and/or assistance for land and property losses;

• Providing proper guidance to PAPs for making the maximum use of benefits under the Resettlement policy provisions, and motivating them for the same;

• Helping the PAPs to derive benefits from development programmes;



7.2.1. Implementation Schedule

Table 7.1 below summarizes the implementation schedule of the Abbreviated Resettlement Action Plan by phase, responsibilities and completion time for the Road Project Cycle.

Table 7.1: Summary of Responsibility for Implementation of Abbreviated Resettlement Action Plan

ROAD PROJECT CYCLE

PHASE ACTIVITIES RESPONSIBILITIES

PLANNING

Scoping and Screening

9 Initial site visit & consultations.

9 Identification of Resettlement and Social issues

9 Application of safeguard policies

9 Categorization 9 Action plan 9 Screening Report 9 WB No-Objection

Consultant; Supervision by RSDT- PIU

Preparation of ARAP and consultations

9 Draft ARAP 9 Consultations 9 WB No-Objection

Consultant; Supervision by RSDT -PIU

Disclosure 9 Disclosure of ARAP locally & to WB Info Shop

RSDT –PIU World Bank

DESIGN

Finalization and Incorporation

9 Final version of ARAP 9 Incorporation of

ARAP into contract documents

9 WB No-Objection

Consultant; Supervision by RSDT –PIU

EXECUTION

Implementation and

9 Implementation 9 Monitoring &

Contractors Supervision by



monitoring reporting on environmental and social mitigation measures

9 Monitoring and reporting of Resettlement and livelihood issues

RSDT/ and the community

OPERATIONS (POST-IMPLEMENTATION)

Operations and maintenance

9 Maintenance 9 Monitoring and

reporting of Resettlement and social livelihood issues

Contractors Supervision by RSDT-PIU/ and the community


60 |Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom Junction Rehabilitation Road Works

8. COMPENSATION FUNDING ARRANGEMENT AND TIMETABLE

8.1. Budget for Resettlement activities related with the Road Project Based on the preliminary valuation of affected assets and affected people presented in Table 4.3, the budget for resettlement activities associated with the implementation plan of the ARAP is as follows:

8.2. World Bank-RSDT

The timetable and schedules for the completion of the Abbreviated Resettlement Action Plan can be seen in Table 8.1 below. The ARAP has to be completed and PAPs adequately compensated before operation in the designated project areas..

Table 8.1: Timetable for Abbreviated Resettlement Action Plan

No. Activities Completion time

CUT OFF DATE 25th October 2010

1. Completion of ARAP- draft document December 2010

2. Submit to RSDT –PIU, and the World Bank December 2010

3. Disseminate ARAP to zones and districts for comments

December 2010

4. Return of Comments from Zones and World Bank

January 2011

4. Update of Comment into Final ARAP Document

January 2011

5. Submission of Final ARAP Document January 2011 6. Advertisement in Two Local Newspapers in

Country January 2011

7. Posted in the World Bank Info Shop February 2011



8 Commencement of ARAP February 2011 6 Completion of ARAP February 2011 7 Commencement of civil work March 2011

8.3 Training Needs Based on the assessment of the institutional capacities of the RSDT for the , implementation of the ARAP, it is recommended that RSDT Contract Consultant to provide training and operational support to the project implementation unit (PIU) and other agencies involved in the ARAP implementation. The training needs for the responsible institutions are identified in Table 8.2. Table 8.2: Recommended Training and Awareness

Item Description Course Content Target Estimated Amount(N)

Involuntary Resettlement and Rehabilitation

1. Principles of Resettlement Action Plan

2. Monitoring & Evaluation of RAP/ARAP Implementation

3. Conflict Management and Resolution in RAP/ARAP

1. PIU-RSDT 2. FMWUD

Conflict redress/management committee members

300,000 Training & Awareness

Sensitization and Awareness on ARAP process

3. Community representative officers

4. PIU-RSDT Officer

200,000



9. PUBLIC CONSULTATION 9.1 Introduction Public consultation is considered as a best practices measure for project sustainability by World Bank and other international development partners. It is pertinent as a process of informing the community of the need for sitting a project in their domain, the scope and the need for the community to own and safeguard the project as beneficiaries and stakeholders. It also affords an opportunity for input and feedback information, aimed at strengthening the development project and avoiding negative impacts or mitigating them where they cannot be avoided.

9.2 Public Consultation Process Consultation was done at two levels, viz community level and project affected persons level. The following process guided the public consultations: • The Social safeguard team first identified the built up areas, particularly, the

areas with potentials for involuntary resettlement.

• Names of communities, the administrative organization and leadership structure were sought, and subsequently, a visit was made to the leaders and/or representatives of the community particularly to the groups that PAPs belong.

• Public forum with stakeholders on the project matter

• Identification of PAPs and their social-economic baseline

• Inventory of PAPs and affected assets

9.3 Overview of Public Consultations Programme 9.3.1 EDOR IKOM Forum Day and Time: The public consultation at Edor Ikom held by the Edor market

corner on the 22nd day of October 2010 at about 3.45pm.



Fig 9.1: Public Consultation at Edor-Ikom

Table 9.1: Attendance at a Focus Group Discussion at Edor Ikom

S/N Name Gender Contact Number

1 Lawson Edinu Ndoma

M 08060205136

2 Hycent Orgor M 08024575004 3 Joseph Uguru M 08081610285 4 John Atasie M NA 5 Leo Ekanalana M NA 6 Ben Iga M NA 7 Ojong Mmangha M NA 8 Mrs Godwin

Agbommma F NA

9 Friday Ndome M NA 10 Victor Egbon M NA 11 Uguru Ngozi F NA 12 Mrs Gospel Ochoga F NA

Participation: 12 people participated in the forum (see list in Table 9.1). In participation were the leader of the market association, youth representatives and market women representatives.



Concerns: The people of Edor present in the forum showed appreciation for the road rehabilitation project, stating that the highway is the only one that links Cross River state to Benue and routes to Calabar, the state capital. They sought to know when the project will take effect and, hence raised the following concerns: • That the government should inform PAPs on time when

the road project operation will take place to enable them remove their belongings away;

• That the project authority should ensure that compensation benefits reach the actual PAPs, and

• That practical alternative in the form of by-pass be constructed where feasible to enable the community’s movement during project operation phase.

Recommended Action: It is recommended as follows: • That a workable time line be given to PAPs for early

evacuation of belongings by January 2011,

• That a notification board indicating the period of work on each phase of the road is provided by the contractor by January 2011,

• That the resettlement committee should ensure transparency in dispensing compensation benefits, January –February 2011

• That contractor should show professional standards and social responsibility during road rehabilitation by providing temporary access way so that communities and commuters are not hindered from going about their normal businesses.



• That contractor should put in place appropriate safeguard measures and signal words to prevent public intrusion into construction work areas.

• That site specific Environmental Management Plan is prepared by the contractors to mitigate environmental impacts.

9.3.2 Ekeobinagu- Emene Public Consultation.

Day and Time: The public consultation at Ekeobinagu-Emene held at the residence of Mr Robert, a community leader in the area. The meeting was held on the 25th October, 2010 by 5.30pm.

Fig 9.2: Public Consultation at Ekeobinagu-Emene

Participation: 13 people participated in the forum (see list in Table 9.2). In participation were the leaders of the Ekeobinagu market association, and market women representatives.

Concerns: The people were happy for the road project. They informed that the market was

strategic because many people includes commuters, people from the Enugu city and travelers to Abakiliki find the market as place to stop over for purchases of the varieties of items of their needs. They raised the following concerns:

• That the government should develop the market into a state of the art standard,

• Government should engage their youths in employment even as casual labourers in the proposed road rehabilitation.

• That practical alternative in the form of by-pass be constructed where feasible to enable the community’s movement during project



operation phase. This request for alternative bypass was made clear to PAPs as being outside the project competence and should be channeled to the State government through the local council.

• It was also found that the PAPs along the market area constitute of mostly women who rent the road corridor from the market association to place their tables for trading.

• The consultant asked the community leaders never again to rent the road to any vendor for trading activity; and this was happily received.

Recommended Action: It is recommended as follows: • That a workable time line be given to PAPs for early evacuation of

belongings by January 2011,

• That a notification board indicating the period of work on each phase of the road is provided by the contractor by January 2011,

• That the resettlement committee should ensure transparency in dispensing compensation benefits, and


• That contractor should put in place appropriate safeguard measures and signal words to prevent pubic intrusion into construction work areas.

• That site specific Environmental Management Plan is prepared by the contractor to mitigate environmental impacts by January 2011.

Table 9.2: Public Consultation Meeting at Ekeobinagu- Emene on 25/10/2010 at 5.30pm

S/N Name Gender Contact 1 Hon. Josphe C. Ugwu M 08063419960 President 2 Engr Emmanuel N. Uguniani M 08038816447 Secretary 3 Mr. Chibuzor Ihenzer M 07067820256 Treasurer



4 Mr Solu Anike M 070384141335 Mr. chikodiri Anij M 080355266786 Mr. Dannice Anisi

M 080930322897 Mr Sunday Anike P. M 080387128148 Mr Okwudin Ogba M 080646841579 Mr Robort Ngwu M 0803091826710 Mr Livinus Ugwu M 0703164419911 Mr Pius Anike M 0703164419912 Mrs Anike Hellen F 0806275098813 Mrs Agnes Ngene F

9.3.3 Abakpa-Enugu Junction Public Consultation Day and Time: The public consultation at Abakpa-Enugu held at Abakpa

junction adjacent to 82 Divion Military Barrack. The consultation held on 25th October 2010 as at 2.30pm.

Participation: 19 people were in attendance and represented market

association union members made up of 16 women and 3 men.

Concerns: They following concerns were raised:

• That the government should inform PAPs on time when the road project operation will take place to enable them remove their belongings away;

• That the project authority should ensure that compensation benefits reach the actual PAPs.

Recommended Action: It is recommended as follows: • That a workable time be given to PAPs for early

evacuation of belongings,

• That a notification board indicating the period of work on each phase of the road is provided by the contractor,



• That the resettlement committee should ensure transparency in dispensing compensation benefits, and


• That contractor should put in place appropriate safeguard measures and signal words to prevent pubic intrusion into construction work areas.

• That site specific Environmental Management Plan is prepared by the contractors to mitigate environmental impacts.

It is noteworthy that all the recommended actions were based on decisions reached between the project team, PAPs and the representatives of the communities. Some of the concerns which were outside of the competencies of the project were well explained at the public consultation.

Significantly the proposed project is envisaged by respondents to have positive potential to significantly improve the quality of transportation services and efficiency in the area with attendant socio- environmental benefits such as:

• Reduced travel times • Reduction in man-hour loss due to poor motorable road ; • Improvement in micro and macro economy; • Improved public mass transportation along the corridor; and • Job creation and reduction in unemployment which in turn will reduce social

strife in the benefiting and adjoining States

Table 9.3: Public Consultation at Abakpa Junction, Enugu on 25th October 2010 at 2.40pm

S/N Name Gender Contact 1 Igwe Chinyere F 08036729842 2 Ehindero Tolu F 08038539954 3 Echeogu Esther F 07061887450



4 Ekeh Subhudiraya F 08035802487 5 Calista Ugwu F 08032792558 6 Blessing Ugwuagu F 08065252728 7 Patience Dennis F 08032247346 8 Blessing Ewuluru F 08037841792 9 Nnadi Nneke F 08060076734 10 Ogaraba Uzonna F 08065822727 11 Alh Usman Idi M - 12 Louisa Ebere F 08034784159 13 Onyia Blessing F 07065411252 14 Abdullahi

Mohammed M 08134967689

15 Ibekwe Kelechi M 08037493740 16 Josephine Uche

Obiora F 08039210771

17 Mrs Roseline F 08052849048 18 Mrs Ugbade F 07031948696 19 Odoh Anulika F 07037747444



REFERENCE International Finance Cooperation (IFC), Handbook for preparing a Resettlement Action Plan. Land Use Act (1978), Federal Republic of Nigeria.

Resettlement Action Plan (2007) for the Dualization of Enugu-Abakiliki-Ogoja-Ikom Road, African Development Bank Road Sector Development Team (2010), Engineering Design of Rehabilitation of Enugu-Abakiliki, Ogoja Junction-Ikom Road World Bank (2001), Operational Policies: Involuntary Resettlement OP.4.12 and Annex. World Bank (2000), Resettlement and Rehabilitation Guidebook, Washington DC



APPENDICIES Appendix 1: Register of Project Affected Persons (PAPs)



ENUGU PROJECT AREA

LOCATION NAME OF PAP GENDER STRUCTURE IDENTITY CONTACT

EMENE NWAFOR LEBECHI F Table 7 Eke Obinagu rd-07038404415 EMENE UGWU RAYMOND M Table 2 Ezeni Street, Obinagu-0703763370 EMENE MKPUMA NGOZI F Table 5 Omogho street

EMENE NWABUEZE ONYINYECHI F Table

8 Omogho street, Eke obinagu-07088823160

EMENE NNAMANI NKECHI F Table 3 Obinagu Street-08066318835 EMENE CHUKWU MARIA F Table 2 Omogoh Street-08137588986 EMENE NGA OBIGERE F Table 170 Abakiliki rd EMENE OKOYE CHIDINMA F Table 4 Obinagu street-08034842402 EMENE AKPU MICHAEL M Table Obinagu close-07061214112 EMENE OTI MODESTA F Table 8 Abatete rd-08120191042 EMENE NDUKA MMESOMA F Table Eke obinagu-07065484480

EMENE AGBO OGECHI F Table Tower of Grace, Eke obinagu-08035501809

EMENE CHARITY UCHE F Kiosk Eke Obinagu-08035470827 EMENE OLUCHI JENIFA F Shop corridor 2 Issac Okoro lane Emene-08063291266

EMENE OGBUABOR CHIKAODIRI F Table Eke obinagu- 07066623199

EMENE NNAJI HELEN F Table 5 Omeoga Street-08035317061

EMENE EDE AGNES F Table 1 Robert Nnaji street, Obinagu-08035603437

EMENE ROSELINE OGBU.O F Table 4 Town School road, Emene-08032617019

EMENE EDE GRACE F Kiosk Obinagu Rd, Emene-07038559457

EMENE UGWU GLADYS THERESA F Kiosk 27 Onugba Nike, Emene-07035024400

EMENE AMARACHI MATHIAS F Table Eke Obinage-07039599399

EMENE NNEKA NWAFOR F Table Eke Obinagu-07038247163 EMENE NWAKEGO INA F Table Eke Obinagu- EMENE ESTHER JERRY F Table 27 Onuogba Nike-081362365928

EMENE IFEOMA UKWUEZE F Table Eke Obinagu Market Square-08034454443

EMENE MONICA NWAFOR F Table Eke Obinagu-080503101449

EMENE OBIOMA ONYINYECHI F

2 Onicha Agu lane, Emene-07062664171

EMENE MARY ONYIGBO F Obinagu road Inside chiefs compound-08135010100

EMENE THERESA OBI F Nchetenche Ibenowa

EMENE ELIZABETH AGU F 3D Gabriel Anike close, Obinagu, Emene

EMENE EMEKA EZEUDU M 18 Edward Close, ogwuaga Abakpa Nike-08036390049

EMENE HANNAH USULOR F 40 Chukwujekwu Str, Onuogba EMENE NNEKA CHINEDU F 20 Room Obinagu, Emene EMENE EUPHEMIA NWEZE F Obinagu Emene-08131262928 ABAKPA IGWE CHINYERE F shop corridor 14 Ugboeze str, Abakpa-08036729842 ABAKPA EHINDERO TOLU F shop corridor Area Command Quarters ABAKPA ECHOGU ESTHER F shop corridor Police Quarters-07061887450

ABAKPA EKEH SUBHUDIRAYA F shop corridor

5/6 Destiny layout, Emene-08035802487

ABAKPA CALISTA UGWU F shop corridor Eze Kings Compd, Umuchikwe-08032792558

ABAKPA BLESSING UGWUAGU F shop corridor 8065252728

ABAKPA PATIENCE DENIS F shop corridor Area Command Quarters-08032247346

ABAKPA BLESSING EWULUM F shop corridor Area Command Quarters-08037841792

ABAKPA NNADI NNEKA F shop corridor 31 Chief Godwin str, Emene-08060076734

ABAKPA OGARABE UZONNA F shop corridor 7 Nwode str, GRA-0806582272

ABAKPA LETICIA MBAH F Abakpa Junction-08064834563 ABAKPA ALH. USMAN IDI M shop corridor Abakpa Junction ABAKPA LOUISA EBERE F Table Abakpa Junction-08034784159



ABAKALIKI PROJECT AREA

LOCATION NAME OF PAP GENDER STRUCTURE IDENTITY CONTACT

IZZI EGEDE CHUKWUMA M Shop corridor EDOMIE ISHEKE, Abakiliki07034093457

EZZA FRIDAY OPARA M Sign board Ezzangbo Market, dedom wood casket07034576150

EZZA ALTA CHARLES M Shop

Umuebe Ohaukwu-08037280963EZZA EMEKA EGWU M FENCE EZZA ALI CHINASA F Shop corridor 135 Ezzamgbo-07034573654

OGOJA IKOM PROJECT AREA LOCATION NAME OF PAP GENDER STRUCTURE IDENTITY CONTACT IKOM TIMOTHY OBOK M shop corridor NKIM JUNCTION IKOM-0802946IKOM BLESSED ARAU M shop corridor okidi's compound nkim-08160975293IKOM NOBERT DURU M shop corridor nkim-08085462024 IKOM JOEL AKORIG M shop corridor okidi compound,nkim-08066974457IKOM ROSELINE OBINNA F shop corridor okidi compound,nkim-07064225742IKOM GLORIA OVU JOSEPH F shop corridor 36 ikom/ogoja road nkim-07088872226IKOM ENYI OJUKWU F shop corridor NKIM JUNCTION-0703189333 IKOM DAN ATAH M mechanic shop NKIM-IKOM, OPP. NKIM PRY SCHLIKOM AUGUSTINE JOE AGANYI M shop corridor NKIM-IKOM, OPP. NKIM PRY SCHLIKOM JULIET EKPE F shop corridor Nkim Junction-08061667279 IKOM ANTHONY LUKPATA M house corridor Nkim Junction-08123803399 IKOM KINGSLEY OSING M shop corridor 10 Ogoja road, Edor-07036352679IKOM MARY UGBALA F shop corridor 10 Ogoja road, Edor-08124341194IKOM UCHE GODWIN M shop corridor 5 Ogoja rd, Edor,Ikom-08063247066IKOM FEDERICK NTON M economic tree(6) Emanbehe-Ikom IKOM CHARLES EYONG M shop corridor Nkarasi 1 Village-08061330722 IKOM CHUKWUNONSO CHIDINMMA M shop corridor Nkarasi 1 Village IKOM THERESA JOHN F shop corridor Nkarasi 1 Village-08137104530(neighbor)IKOM MOSES AKPINA M shop corridor Nkarasi 1-07034311512 OGOJA MONDAY MONKAP M shop corridor Mbuk Junction, Ogoja-08081149359OGOJA THANK GOD ASHERI M shop corridor Mbuk Junction, Ogoja-08137260297OGOJA PAULINUS NNEJI M Shop corridor Mbuk Junction, Ogoja-07083873384OGOJA FRIDAY NKWEDE FRYO M shop corridor Mbuk Junction, Ogoja



Appendix 2: Selected Pictures from the Project Sites

Plate 1: A sectional view of public consultation at Ekeobinagu-Emene in Enugu State

Plate 3: Census of PAPs in progress

Plate 2: A section of the road in Ekeobinagu , Emene occupied by vendors

Plate 4: A different view of participants at Ekeobinagu public consultation



Appendix 3: Socio-Economic Inventory Instrument for Project Affected Persons (PAPs)

Brief Introduction of project by personnel SECTION A. IDENTIFICATION

1) Identification Number:………………….

2) Questionnaire administration from point of Right of Way please tick (a) Left side……. (b) Right side…………….

3) Town/Location of Interview: ………………………………………………………………….



4) Name and Signature of Interviewer: ……………………………………………………………

5) Name and Signature of Supervisor: …………………………………………………………….

6) Date and Time Interview took place…………………………………………………………

SECTION B: SOCIOECONOMIC ATTRIBUTES 7) Name of PAP …………………………………………………… 8) Gender of PAP (M)…… (F)…… 9) Age of PAP ……………………….. 10) Contact /House Address of PAP ……………………………………………………………………………………

…………………………………………………………………………………… 11) Religion (Christian)…… (Moslem)…… (Traditional)…… (Others)….. (Please Tick

One)12) Marital Status (Single)… (Married)… (Divorced)… (Widow/Widower)… (Please

Tick One)

13) Number of wives ………………………… 14) How long have you lived in this community ………………………….. 15) How many persons live in your Household (i.e. Eat from the same pot)………… 16) How many persons in your house hold fall into the following age categories?

CATEGORIES MALE FEMALE TOTAL 0-4yrs 5-9yrs 10-18yrs 18-24 20-24yrs 25-60yrs Total



17) What is your highest educational qualification? (a) None … (b) FSLC … (c) WASC/SSCE (d) TCII/OND …. (e) HND/Degree … (f) M.Sc/PhD … (g) Islamic studies…..

18) How many members of your household fall under the following educational categories?

CATEGORIES MALE FEMALE TOTAL Primary School (attempted/still attending)

Primary School-Completed (Living Certificate)

Secondary School (attempted/still attending)

Secondary School-Completed (O’Levels)

Tertiary Institution (attempted/ still attending)

Tertiary Institution (Completed) Total

19). What are your Main and Secondary Occupations? CATEGORIES OCCUPATION

MAIN SECONDARY Farming Mining Craft making Trading Civil service Company employment

Self employment Housewife Others (specify)

20) What is your Annual Income? a) N 0 –50,000……b) N 51, 000- 100,000…….c) N 100,101- 500,000……d) N

500,000 and above…

21) If Annual Income is not known, what is your: a) Monthly income………………. b)Daily income……………..

SECTION D FOR AFFECTED STRUCTURES/PAPs ONLY



22). Type of affected structure (i) Movable…… (ii) Immovable……………… (Please Tick One)

23) Identity of Affected Asset/Structure (a.) Barren Land…… (b) Farm land … (c) House…..(d) Fence…… (e) Shop…..(f) others, Please state) ……………………………………………….....

24). For Structure/House: What type (s) of roofing materials were used for the affected structure? (Please Tick the one (s)applicable

(a) Sod …. (b) Bamboo /palm… (c) Wood /planks… (d) Asbestos… (e) Corrugated iron sheets … (f) Aluminum…… (g) others (Pls state) ……………………………………………….....

25). What is the material of the floor of the Affected Structure? (Please Tick One)

a.) Cement…… (b) Mud … (c) Tiles….. (d) Wood…… (e) others, pls state) ………………………… 26) Size of land affected in m2…………………………………………………………………….. 27) Size of Affected Structure in m/m2 …………………………………………………………………. 28) State the prevailing use of the land/ structure ……………………………………………………………………………………………………………… 29) Estimated Age of Affected Structure …………………………………………….. 30). Condition of Affected Structure: To be ticked or completed by the enumerator

31). How many rooms are in the Affected Structure? .................................................... (State number in Figures)

32). Who owns the affected structure? (Please Tick One)(a) Personal………… (b) Landlord…… (c) Company ……(d) Local

Govt………………… (e) State Govt……….. (f) Federal Govt…………..(g) Others (Pls Specify)………………… 33). If rented, how much do you pay annually? …………………

AFFECTED STRUCTURE CONDITION OF AFFECTED STRUCTURE NAME VERY GOOD GOOD AVERAGE POOR VERY POOR



FOR BUSINESS PREMISES LOSS OF MAN HOUR 34) What category does the business fall under? (a) Small scale (b) Medium scale (c) Large scale 35) What is your average daily income /sale? ………………………………………………………….. 36). How long has the affected structure been in this location? ………………………………………. 37). How many days in the week do you operate your business? ………………………………………. 38). How many hours in a day do you operate your business? …………………………………………. 39) What implication will relocating have on your business?

(i)…………………………………………………………………………………… (ii)…………………………………………………………………………………. (iii)………………………………………………………………………………………

40) How do you think this impact can be minimized?

(i)…………………………………………………………………………………… (ii)………………………………………………………………………………….

DEFINITIONS Children: all persons under the age of 18 years according to international regulatory standard (convention o the rights of Child 2002). Community: a group of individuals broader than households, who identify themselves as a common unit due to recognized social, religious, economic and traditional government ties or shared locality. Compensation: payment in cash or in kind for an asset or resource acquired or affected by the project. Cut-off-Date: the date of completion of inventory of losses during the preparation of the RAP.



Economic Displacement: a loss of productive assets or usage rights or livelihood capacities because such assets / rights / capacities are located in the project area. Entitlement: the compensation offered by RAP, including: financial compensation; the right to participate in livelihood enhancement programs; housing sites and infrastructure; transport and temporary housing allowance; and, other short term provisions required to move from one site to another. Female Headed Household: a household where a woman is the principal earning member of the family. Head of the Household: the eldest member of the core family in the household, for the purpose of the project. Household: a group of persons living together who share the same cooking and eating facilities, and form a basic socio-economic and decision making unit. One or more households often occupy a homestead. Involuntary Resettlement: resettlement without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Lost Income Opportunities: lost income opportunities will be assessed and compensated on the basis of losses caused by the project. If a household or family has several adult members who will lose their incomes, all will be compensated. Operational Directive 4.30: embodies the basic principles and procedures that underlie the World Bank Group approach to involuntary resettlement associated with its investment projects. Physical Displacement: a loss of residential structures and related non-residential structures and physical assets because such structures / assets are located in the project area. Private property owners: persons who have legal title to structures, land or other assets and are accordingly entitled to compensation under the Land Act.



Project-Affected Community: a community that is affected by the project. Project-Affected Household: all members of a household, whether related or not, operating as a single economic unit, who are affected by the project. Project-Affected Person: any person who, as a result of the project, loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Rehabilitation: the restoration of the PAPs resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. Relocation: a compensation process through which physically displaced households are provided with a one-time lump-sum compensation payment for their existing residential structures and move from the area. Replacement Cost: the amount of cash compensation and/or assistance suffices to replace lost assets and cover transaction costs, without taking into account depreciation or salvage value. Resettlement Action Plan (RAP): documented procedures and the actions a project proponent will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by a project. Resettlement Assistance: support provided to people who are physically displaced by a project. This may include transportation, food, shelter, and social services that are provided to affected people during their resettlement. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. Resettlement: a compensation process through which physically displaced households are provided with replacement plots and residential structures at one of two designated resettlement villages in the district. Resettlement includes initiatives to restore and improve the living standards of those being resettled.



Squatters: squatters are landless household squatting within the public / private land for residential and business purposes. Valuer: the valuer of property, land and the level of compensation for all the affected persons. Vulnerable: people who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantages, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.

RP433 v2 - World Bank Documents

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Transcript of RP433 v2 - World Bank Documents