ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) FOR THE REHABILITATION OF THE AKURE-ILESHA ROAD

FINAL REPORT

SUBMITTED TO

FEDERAL REPUBLIC OF NIGERIAFEDERAL REPUBLIC OF NIGERIAFEDERAL ROADS DEVELOPMENT PROJECT (FRDP)

ROAD SECTOR DEVELOPMENT TEAM (RSDT)

BY

SEEMS (NIG.) LTD

OCTOBER, 2012

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RP1355 V1

The ARAP Basic Data/Information

The ARAP Basic Data/InformationNo. Subject Data1. Location Akure-Ilesa Road (South West Region ) 2. Road length 72km Road

Extent of land-use/corridor of impact for the Road Rehabilitation activities (setback)

10m from the centre of carriageway

3 Extent of Land Take None3. Nature of Civil Works Rehabilitation 4 Benefit of the Project Improved well-being, comfortable rides with reduced hazards and

accidents for users, employment opportunities for stakeholder community members

5. Type of Losses Loss of business premise, Loss of Income from business premises & Loss of Permanent Structures

6. Vulnerable group None 7. Number of project affected persons

(PAPs) 130 persons who own structures or trade within the setback of 10m from the centreline of the carriageway and would only require mainly to "move-back".

8 Utilities One Transformer in Owena Owode and some electric poles before Owena Ijesa. However, no land takes involved in the proposed project.

9 Census Cut-Off Date The established cut off-date to record the PAPs along the project corridor was November 18, 2012. The vendors along the corridor were adequately informed. However, in the event of project delay for two years and above, then update of the socio-economic survey is necessary

10 Total No of PAPs 130 and are those who own structures on the setback at 10m from the centre of carriageway and would only require mainly to "move-back"

11 ARAP Implementation Cost N7, 294, 407.13+ 10% contingency or if proposed work is delayed.12 Grievance Procedures for redressing

issue by PAPsThe affected persons have been duly consulted and have agreed to give necessary support. The responsibility for the move-back has been taken up by RSDT. A conflict resolution mechanism has be designed which makes the judicial system as the last resort to redress the issues if informal conciliation does not resolve the matter.

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Contents

TITLE PAGE....................................................................................................................................iThe ARAP Basic Data/Information.................................................................................................iiContents..........................................................................................................................................iiiList of Tables..................................................................................................................................viList of Figures................................................................................................................................viiList of Plates.................................................................................................................................viiiList of Maps....................................................................................................................................ixList of Boxes....................................................................................................................................xList of Appendices..........................................................................................................................xiABBREVIATIONS AND ACRONYMS......................................................................................xiiDEFINITION OF KEY CONCEPTS...........................................................................................xiiiEXECUTIVE SUMMARY..........................................................................................................xviCHAPTER ONE..............................................................................................................................1

DESCRIPTION OF THE PROJECT...........................................................................................11.1 Background...................................................................................................................11.2 Literature Review..........................................................................................................11.3 Data Gathering..............................................................................................................11.4 The Project Corridor......................................................................................................21.5............................................................................................................................................31.6 Availability of Right of Way (ROW)............................................................................91.7 Ecology of the Corridor...............................................................................................101.8 Geology, Soil and Topography...................................................................................111.9 Land Cover and Land Use Types................................................................................11

CHAPTER TWO...........................................................................................................................12POTENTIAL IMPACTS ALONG THE CORRIDOR..............................................................12

2.1 Introduction.................................................................................................................122.2 Land acquisition along the corridors...........................................................................122.3 Benefits of the Project.................................................................................................122.4 Negative Impact of the Project....................................................................................122.5 Settlements along the Corridor....................................................................................132.6 Project Affected Persons (PAPs) along the Corridor..................................................142.7 Impact on Existing Social Networks...........................................................................152.8 Impact on Utilities.......................................................................................................15

CHAPTER THREE.......................................................................................................................16OBJECTIVES............................................................................................................................16

3.1 The Scope of the ARAP..............................................................................................163.2 Justification for the ARAP..........................................................................................163.3 Objectives of ARAP....................................................................................................163.4 Minimisation of Resettlement.....................................................................................17

CHAPTER FOUR.........................................................................................................................19SOCIAL INFORMATION........................................................................................................19

4.1 Introduction.................................................................................................................194.2 Census Cut-Off Date...................................................................................................194.3 Data Analysis and Interpretation.................................................................................20

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CHAPTER FIVE...........................................................................................................................25EXISTING LEGAL FRAMEWORK........................................................................................25

5.1 Introduction.................................................................................................................255.2 Nigeria Land Use Act of 1978 and Resettlement Procedures.....................................255.3 Town and Country Planning Regulations of 1986......................................................265.4 World Bank Resettlement Guidelines.........................................................................275.5 Land Use and Bank OP 4.12 – A Comparison............................................................295.6 Project Compliance with World Bank Policy Objectives...........................................29

CHAPTER SIX..............................................................................................................................30INSTITUTIONAL ARRANGEMENT AND RESPONSIBLITIES.........................................30

6.1 Introduction.................................................................................................................306.2 Institutional Arrangement............................................................................................306.3 Strengthening Organizational Capability....................................................................32

CHAPTER SEVEN.......................................................................................................................33ELIGIBILITY............................................................................................................................33

7.1 Eligibility Criteria and Project Entitlement.................................................................337.2 People Eligible To Receive Entitlements Under the Project.......................................337.3 Non-Eligible Affected Persons (APs).........................................................................347.4 Eligibility Matrix for the Resettlement Plan...............................................................34

CHAPTER EIGHT........................................................................................................................35INVENTORY, VALUATION OF AND COMPENSATION..................................................35

8.1 Introduction.................................................................................................................358.2 Summary of Valuation Process Relevant to the PAP..................................................358.3 Notification..................................................................................................................358.4 Valuation of Crops......................................................................................................368.5 Valuation of Affected Structures.................................................................................36

CHAPTER NINE...........................................................................................................................37RESETTLEMENT MEASURES..............................................................................................37

9.1 Modes of Restitution...................................................................................................379.2 Payment of Compensation...........................................................................................379.3 Income Restoration Strategy.......................................................................................38

CHAPTER TEN............................................................................................................................39COMMUNITY PARTICIPATION...........................................................................................39

10.1 Public Participation and Consultation.....................................................................3910.1.1 The Stakeholders.....................................................................................................3910.1.2 Level of Stakeholder Engagement...........................................................................3910.1.3 Public participation and Consultation Strategies.....................................................39

CHAPTER ELEVEN.....................................................................................................................42GRIEVANCE REDRESS MECHANISM................................................................................42

11.1 Grievances and Appeals Procedure.........................................................................4211.2 Management of Reported Grievances.....................................................................4311.3 Grievance Log.........................................................................................................43

CHAPTER TWELVE....................................................................................................................45ARAP IMPLEMENTATION SCHEDULES............................................................................45

12.1 Introduction..............................................................................................................4512.2 Plan Preparation.......................................................................................................4512.3 ARAP Disclosure.....................................................................................................46

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12.4 ROW Acquisition and Construction........................................................................4612.5 Site Selection Consultations....................................................................................4612.6 Procedures for Delivery of Compensation..............................................................4712.7 Monitoring and Evaluation......................................................................................4712.8 Updating Socio-Economic Survey and Appreciating Income Restoration Strategy

47CHAPTER THIRTEEN.................................................................................................................48

COSTS AND BUDGET............................................................................................................4813.1 Budgeting and Financial Implications.....................................................................4813.2 Source of Budget and Cost Estimate.......................................................................49

CHAPTER FOURTEEN...............................................................................................................50MONITORING AND EVALUATION.....................................................................................50

14.1 Introduction..............................................................................................................5014.2 Purpose of Monitoring and Evaluation....................................................................5014.3 ARAP Monitoring Plan and Framework.................................................................5014.4 Indicators to Monitor...............................................................................................5114.5 Reporting.................................................................................................................5314.6 Staff and Monitoring................................................................................................5414.7 Internal Performance Monitoring............................................................................5414.8 Category of Information Collected..........................................................................5414.9 Source of Information/Methods...............................................................................5414.10 Responsibility for Data Collection, Analysis and Reporting...................................5514.11 Frequency of Reporting...........................................................................................5514.12 Impact Monitoring...................................................................................................5514.13 Completion Audit....................................................................................................5614.14 Type of Information Collected................................................................................5614.14.1 Source of Information..........................................................................................5614.14.2 Responsibility for Data Collection, Analysis and Reporting...............................5614.14.3 Frequency/Audience of Reporting.......................................................................5614.15 Impact evaluation.....................................................................................................5614.16 External monitoring.................................................................................................57

REFERENCES..............................................................................................................................58APPENDICES...............................................................................................................................59

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List of TablesTable 1: Number of Project Affected Persons in Communities along the Road Project...............13Table 2: Categories of PAPs identified.........................................................................................14Table 3: Distribution of PAPs by location and type of business...................................................23Table 4: Distribution of PAPs by type of structure used for business...........................................23Table 5: Land Use Act and World Bank OP 4.12 on Compensation...........................................29Table 6: Institutional Arrangement and Responsibilities for ARAP.............................................30Table 7: Entitlement and Compensation Matrix............................................................................36Table 8: A Typical Reporting Format for Grievance Redress.......................................................44Table 9: Major Component Tasks and Schedule for the ARAP Implementation.........................46Table 10: Cost Implication for the ARAP implementation...........................................................49Table 11: ARAP Monitoring Plan for Akure-Ilesa Road Rehabilitation Project.........................51Table 12: Monitoring Indicators....................................................................................................53Table 13: Information Milestone..................................................................................................54

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List of Figures

Figure 1: Distribution of identified PAPs by location on the ROW..............................................20Figure 2: Distribution of PAPs by Age..........................................................................................21Figure 3: Distribution of PAPs by Sex..........................................................................................21Figure 4: Distribution of PAPs by Education................................................................................22Figure 5: Distribution of PAPs by Daily turnover from Business.................................................24

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List of Plates

Plate 1: ROW Encroachment by Structures......................................................................................5Plate 2: ROW with Bush Regrowth Vegetation................................................................................6Plate 3: Roadside Trading Activities along Akure-Ilesa Road..........................................................6Plate 4: Some of the Few Road Signage Infrastructure Plate 5: Accident Vehicle on Akure-Ilesa Road .................................................................7Plate 6: Segments of Road Pavement Failure and Potholes along Akure-Ilesa Road.........................7Plate 7: Common View of Shoulder Conditions along Akure-Ilesa Road.........................................8Plate 8: Common Alignment on Akure-Ilesa Road Plate 9: Akure-Ilesa Road at Iwaraja .......................................................................8Plate 10: Akure-Ilesa Road at Ikere Plate 11: Makeshift shops along the ROW.......................................................................................9Plate 12: Telecommunication Masts and PHCN Transmission Line Crossing..................................9Plate 13: Fallow / Bush Regrowth Vegetation Stand....................................................................10Plate 14: Fallow / Bush Regrowth Vegetation Stand....................................................................10Plate 15: Transformer located on the ROW in Owena-Ijesa.........................................................15Plate 16: Akure community meeting Plate 17: Owena community meeting............................................................................................18Plate 18: Owena Youth Forum meeting Plate 19: Erinmo community meeting...........................................................................................18Plate 20: Encroachment along the corridor of the road by petty traders in Owena-Owode..........19Plate 21: Encroachment (petty trading) along the ROW...............................................................22Plate 22: Group discussions with PAPs in the affected communities...........................................41

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List of Maps

Map 1: Map of Part of Southwestern Nigeria Showing the Akure- Road Traversing Osun and Ondo States......................................................................................................................................3Map 2: Map of Project Area Showing the Major Communities along Akure-Ilesa Road..............4Map 3: Satellite Image showing Akure - Ilesa (A122) Road (between red arrows).....................14

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List of BoxesBox 1: ARAP Monitoring Framework..........................................................................................52

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List of AppendicesAppendix 1: Safeguard Instruments Prepared for the Proposed Road Rehabilitation Works.......59Appendix 2: ARAP Preparation Methodology.............................................................................60Appendix 3: Summary of the outcome of the First Consultation................................................61Appendix 4: Summary of the outcome of the Second Consultation with stakeholders...............62

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ABBREVIATIONS AND ACRONYMS

ARAP Abbreviated Resettlement Action PlanBP Bank PolicyCBO Community Based Organization CSO Community Support Organizations EIA Environmental Impact AssessmentESIA Environmental and Social Impact AssessmentESMF Environmental and Social Management FrameworkFGN Federal Government of NigeriaFID Final Investment DecisionFMOW Federal Ministry of Works, FMHUD Federal Ministry of Housing and Urban DevelopmentFRDP Federal Roads Development ProjectIBRD International Bank for Reconstruction and DevelopmentICSID Centre for the Settlement of Investment DisputesIDA International Development AssociationIFC International Finance CorporationLGA Local Government AreaLVO Land Valuation OfficeMDG Millennium Development GoalsMIGA Multilateral Guarantee AgencyNGO Non-Governmental OrganizationOP Operational Policies (of the World Bank) PAP Project Affected PeoplesPGRO Project Grievance Resolution Officer PIU Project Implementation UnitPLO Project Liaison OfficerPMU Project Management UnitWB World BankRAG Resettlement Advisory GroupRAP Resettlement Action Plan RIB Resettlement Information BookletROW Right of WayRP Resettlement PlansRPF Resettlement Policy FrameworkRIC Resettlement Implementation CommitteeRSDT Road Sector Development TeamTOR Terms of ReferenceWB The World BankWHO World Health OrganisationGIS Geographic Information System

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DEFINITION OF KEY CONCEPTS

Project Affected Population: Defined as those who stand to lose, as a result of the project, all or part of their physical and non-physical assets, such as right, title or interest in any house, land (including residential, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, in full or in part, permanently or temporarily; or Business, occupation, work, place of residence or habitat adversely affected; or standards of living adversely affected.

Compensation Payment in cash or kind for an asset or a resource that is acquired by the project.

Cut-off-date Date of completion of the census and assets inventory of people affected by the project. People occupying the project area after the cut-off date are not eligible for compensation and/or assistance.

Physical Displacement Loss of shelter and assets resulting for the acquisition of land associated with the project that requires the affected people to move to another location.

Economic Displacement. Loss of income streams or livelihood resulting from the acquisition of land whether the affected people need or do not need to move to another location.

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

Entitlement Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore and improve their standard of living..

Land Expropriation: Process whereby a public authority, usually in return for compensation requires a person, household or community to relinquish rights to land it occupies or otherwise uses.

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

.

.

Property/Assets: Property or assets shall be defined in terms of ownership, size, use and classification. These shall be classified as personal structures, businesses, and public infrastructures and utilities, such as schools, hospitals, recreation spots, fisheries, parks, etc.

Land acquisition of land required by the project. Land acquisition may require the physical relocation of people but it may also affect the livelihoods of people who live, work, or otherwise depend on the land.

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Involuntary Resettlement: Resettlement is involuntary when it occurs without the informed consent of the displaced persons or it they give their consent without having the power to refuse.

Resettlement Action Plan Planning document that describes what will be done to address the direct social and economic impacts associated with the involuntary taking of land.

strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Vulnerable Groups: People who by virtue of gender, ethnicity, age, disability or economic disadvantage 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.

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LIST OF ARAP REPORT PREPARERS

Name TaskProf. A.F. Oluwole MD/CEOProf P. O. Ogunjuyigbe Demography/Project CoordinatorProf. (Mrs) O I Aina Socio-EconomicDr. Ambrose Akinlo Socio-Economics/ DemographyDr. Ayotunde Titilayo Socio-Economics/ DemographyGbenga Abe Socio-Economics/ DemographyOjewumi Titus Socio-Economics/ DemographyRotimi Akintunde Field Assistant/Socio-EconomicsSesan Joshua Field Assistant/Socio-EconomicsTunji Akande Field Assistant/Socio-EconomicsOluwayomi Kehinde Field Assistant/Socio-EconomicsAdewunmi Jumoke Field Assistant/Socio-EconomicsRamat Salaudeen Field Assistant/Socio-EconomicsRSV Ayo Fasuyan Estate SurveyRSV Kelvin Nubor Estate SurveyRSV Dapo Adewole Estate SurveyRSV Daniel Taiwo Estate SurveyTope Falemu Field Assistant/Estate SurveyAbiodun Soyoye Field Assistant/Estate SurveyShoroye Joseph Field Assistant/Estate SurveyOwolabi Nurudeen Agric-Crop EnumeratorImoisili Emmanuel Field Assistant/Agric-Crop EnumeratorSanmiola Samuel Field Assistant/Agric-Crop EnumeratorSurv. Saheed Olaniyi Land SurveySurv. Yusuff Afonja Land SurveyAdeleke Kelvin Land Survey/ Field AssistantFasuyan Abiodun Land Survey/ Field AssistantDebo Adewara GIS

Project Proponent:

Road Sector Development Team

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EXECUTIVE SUMMARY

Introduction The Federal Government of Nigeria (FGN) through the Federal Ministry of works obtained The World Bank's support towards the Federal Roads Development Project (FRDP). Part of the proceeds was used for the preparation of Abbreviated Resettlement Action Plan for Akure-Ilesa Road. In view of this, SEEMS Nigeria Limited was assigned a duty of preparing the Abbreviated Resettlement Action Plan (ARAP) by the Federal Ministry of Works, Road Sector Development Team (RSDT). Need for ARAPThe Resettlement Policy Framework (RPF) prepared for the project in line with the provisions of the World Bank’s Policy on Involuntary Resettlement (OP 4.12) notes that when less than 200 persons and/or business will be affected; Abbreviated Resettlement Action plan needs to be prepared. An ARAP includes a census survey of displaced people and valuation of assets, description of compensation, consultations with affected people, institutional arrangements for implementation, grievance redress procedures, and a timetable and budget. This ARAP for the Akure-Ilesa road has been prepared consistent with the requirements of the project’s RPF.Project DescriptionThis project involves the rehabilitation of Akure-Ilesa road covering a distance of 72 kilometres and involving a setback of 10m from the centreline of the carriageway. The project will involve some civil works, vegetation (bush) clearing, earth (soil) movement, topographic levelling, and rehabilitation of road pavement. The road is designed in accordance with the relevant engineering standards and specification enumerated in the document ‘Engineering Design’ of the Akure-Ilesa Road Project prepared by the Federal Ministry of Works.

Project LocationThe Akure-Ilesa road starts from the end of the dual carriage at Iwaraja Ilesa and terminates in Akure at the Akure-Ikere/Akure-Owo junction. The project corridor which has been in use for years traverses two states (Osun and Ondo), and 5 Local Government Areas – Akure South, Ifedore (Ondo State), Atakunmosa East, Atakunmosa West and Oriade (Osun State) LGAs and transecting or outlying about nine urban and rural settlements. The project corridor is now in state of disrepair. The road is a single carriageway from Akure and terminates at Iwaraja Junction. The road surface is asphalt concrete with some defects at some sections. Some segment of the road has poor riding surface, especially the portion from Ikeji-Arakeji junction up to the point of entry of Akure town. The pavement of this segment is characterized mainly with potholes, crocodile and transverse cracks, rutting and settlement.

Legal Framework for Land AcquisitionIn Nigeria, Land Use Act of 1978, reviewed under Cap 202, 1990 has been the legal framework for land acquisition. A review of relevant World Bank operational policy (OP 4.12) addressing land acquisition and involuntary resettlement was carried out. This ARAP for the road project was aligned with the World Bank Operational Policy (OP 4.12) which indicates best practices for rehabilitation of livelihoods of people affected by the implementation of the project. Hence, where there are gaps between Land Use Act (1978) and the World Bank Policy (OP 4.12), in regard to compensation of PAPs, the World Bank Safeguard Policy shall take precedence.

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Potential negative Impacts The proposed project is not expected to have significant adverse social impacts. A census to identify those affected and eligible for assistance has been carried out. The survey carried out identified 130 people in total who are affected. These are people who own structures on the setback of 10m from the centreline of the carriageway and 99 of them will only need to be shifted back. Implementation of the ARAP will cost N7, 294,407.13. About 10% of this would be added to this sum to cover inflation and other contingencies in the event that the proposed work is delayed for more than two years.

Census Cut-Off DateThe cut off-date to receive assistance under the project is November 18, 2012. This date has been disseminated to vendors along the corridor. In the event of a delay in the project for more than two years, another socioeconomic survey and census will be carried out and on which basis this ARAP will be updated.

Grievance Redress MechanismA Grievance Redress Committee will be set up by FMW 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 FMW, 2 or more representatives of the traditional authorities of project area of influence. The legal expert from the ministry shall be the secretary. The constitution of the grievance redress committee shall be effective from date of disclosure of the ARAP.

The timeline for implementation of the grievance resolutions shall be at most 15 days from the last day allowable for grievance and complaints submission following the end of ARAP disclosure. The functions of the Grievance Redress Committee include:

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

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

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

The 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.

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ARAP Coordination and Implementation The major institutions that are involved in the Resettlement process are the Road Sector Development Team (RSDT), Federal Ministry of Works and the Resettlement Implementation Committee (RIC) in each project designated area. The institutional arrangement has pragmatically been designed to involve these ministries, agencies and departments and specific roles of each have been highlighted. The Table below outlines the ARAP implementation schedule.

Major Component Tasks and Schedule for the ARAP Implementation Activities Dates Comments

Consultation/Information to people affected August- November 2011 Done Census and Socio-economic Survey (Preparation of ARAP, Consultation and Disclosure of ARAP, Consultations with the PAPs towards compensation procedures & Notification of PAPs prior to the activities that will affect them)

November, 2011 (The socio-economic survey was reviewed in June, 2012 when the ROW of 5m originally proposed was used

Done

Analysis data and identification of impacts February-March, 2012(Revalidated in June, 2012)

Done

Definition of assistance measures November, 2011 DoneDisclosure of ARAP Expected to be come up in

October, 2012 On-going

ARAP Implementation- Relocation/assistance- Compensation and/or Supplementary assistance.

November, 2012 - January, 2013 To be executed

Rehabilitation/Civil Works - Commencement of project operations.

Any time from Jan. 2013 To be executed

Monitoring and evaluation The implementation of the ARAP will be regularly supervised and monitored by the Monitoring and Evaluation/Environmental officer referred to as Safeguard Officer. The monitoring will be both internal and external and the Safeguards officer shall play a key role in reporting the progress of implementation as well as compliance to the project management unit and the World Bank.

A monitoring consultant will be appointed to examine compliance with the RPF in the process of consultation with PAPs, restoration of livelihood and the economic impact of project implementation. This will be done six months after the completion of the implementation of ARAP report.

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CHAPTER ONE

DESCRIPTION OF THE PROJECT

1.1 Background

The Federal Government of Nigeria, through the Federal Ministry of Works (FMOW), has obtained financial assistance from the World Bank for the Federal Roads Development Project (FRDP). Part of the proceeds will be used for consultancy services of Abbreviated Resettlement Action Plan for Akure-Ilesa Road. In view of this, SEEMS Nigeria Limited was assigned a duty of preparing the Abbreviated Resettlement Action Plan (ARAP) by the Federal Ministry of Works (Road Sector Development Team (RSDT)).

The World Bank’s OP 4.12 (Involuntary Resettlement). OP 4.12 applies whenever land is acquired resulting displacement of people or in the loss of income, residence or access to resources, whether permanent or temporary This ARAP has been prepared consistent with the provisions of OP 4.12 and the Resettlement Policy Framework (RPF) prepared for the project. Tasks

Description of proposed projects Description of the social setting Review the relevant legislative and regulatory framework governing social quality, health

and safety protection of property and land use at the national and local levels. Determination of project affected persons and eligibility Development of mitigation measures Institutional needs assessment/institutional responsibilities for resettlement Grievance redress mechanism Development of ARAP implementation process and schedule

1.2 Literature ReviewA review of relevant literature and desktop research was carried out on the social environment of the project area and on national regulations on involuntary Resettlement. Materials reviewed include the RPF and screening report prepared for RSDT, articles, maps and photographs. The desk review examined past census reports specific to the study area, data available from State Bureau of Statistics, Ministry of Agriculture, and other organizations, reports and publications relating to land acquisition and compensation that bears relevance to the ARAP, Nigeria Land use Act, Nigeria’s National laws, World Bank Operational Policies, etc.

1.3 Data GatheringA desk review was carried out to gather information on the demographic and social environment of the project area and on national regulations on involuntary resettlement. A spatial analysis of the features along the corridor was carried out with the aid of a Geographic Information System. The corridor passing through the selected communities was digitized together with the road shoulders and a multiple ring buffer of 10-meter interval from the centreline of the carriageway was created along the digitized road. These were then overlaid upon the high-resolution image of

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the communities. This enabled identification and physical count of the features that falls within each buffer ring categories. The fieldwork also included census and socio-economic survey of the project affected persons.

1.4 The Project CorridorThe project includes the rehabilitation of the Akure-Ilesa road, which covers a distance of about 72 kilometres. The road will be a single lane bituminous carriageway, with paved shoulders and strengthening the existing road from Akure-Ilesa by overlays/rehabilitation/reconstruction (including, in places replacing the existing bituminous pavement by cement concrete rigid pavement). Existing cross-drainage structures on the road are to be repaired/rehabilitated. New cross-drainage structures will be provided on the single-lane carriageway.

The project involves the rehabilitation of failed section of the road, provision of stone base, prime coat, asphalt overlay, re-instatement of shoulders, and construction of concrete lined drains & earth drains among others. The road is designed in accordance with all relevant engineering standards and specification enumerated in the document ‘Engineering Design’ of the Akure-Ilesa Road Project belonging to the Federal Ministry of Works.

The design speed required is 100Km/hr. The road and culverts shall be rehabilitated in accordance with the Federal Highways standards. The design standards upon which the road development shall be based are as follows:

I Design Speed 100km/hrIi Type of Road Single lane categoryiii Carriageway Width 8.0miv Shoulder Width 2.5mV Drainage 2.5mvi Maximum Grade 5%vii Pavement Laterite subbase, crushed stone base course, with thickness

specified after determination of the soil bearing capacityviii Surfacing AC binder and wearing courses shall be used for

pavement/Surfacing Designix Design parameters Curve radius, curve lengths, sight distances and other

parameters shall correspond to the 100km/hr design speed

In addition to strengthening the existing carriageway, the project would improve the geometric deficiencies including the improvement of any intersection encountered.

The Akure- Ilesha road is one of the major and shorter roads linking Federal Capital-Abuja and carrying the bulk of the commuter and goods. Development of this road would be a confidence reassurance measure to improve the movement of vehicles. The rehabilitation of the road is also considered necessary to accommodate the existing and projected traffic demand, improve the transportation infrastructure of the states and promote economic development in and around the project corridors. The proposed improvement, therefore aims at improving the riding quality, improving journey speed and reducing traffic. It is proposed to provide service roads, proper drainage, grade-separation, road furniture, utilities and amenities wherever required.

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1.5Map 1.1 shows the two states in Southwest connected by the road and the two main towns (Akure and Ilesha) linked by the project corridor.

Map 1: Map of Part of Southwestern Nigeria Showing the Akure- Road Traversing Osun and Ondo States

Map 1 illustrates the major communities along Akure-Ilesa Road Project. As portrayed, the road rehabilitation covers nine (9) major communities along the road network. These nine communities are (i) Akure, which is the capital of Ondo State (ii) Ilara Mokin (iii) Igbara Oke (iv) Owena Owode (v) Owena Ijesa (vi) Orita Reserve (vii) Ipetu Ijesa (viii) Erin Oke Ijesa, and (ix) Oke Ona. These communities are situated in two states of Ondo and Osun States both in Southwest Nigeria.

The project corridor traverses two states (Osun and Ondo). The road is a single carriageway from Akure and terminates at Iwaraja junction. The existing single lane in general was 7.30m wide

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and the width of the existing shoulders varied from 1.20 to 1.5m (of the required width of 2.75m) the condition of which is heavily vegetated (especially after FUTA at Akure), eroded or non-existent. Even though originally paved with asphaltic material, the condition of the roads ranged from fair to poor and has fallen below acceptable standards in places because of neglect and inadequate maintenance. Akure- road was generally fairly good with less frequent pavement distress features like potholes, cracks, ruts, edge failure and erosion (especially around Erinmo and Ilara Mokin with bad shoulders and loss of surfacing). The pavement of the existing Akure- road was mostly of naturally occurring lateritic materials stabilized with cement as sub-base course and crushed stone as base course. The surfacing is of hot-rolled asphaltic concrete. Some portions of the pavement have deteriorated; these will have to be rehabilitated along with the road. The Ondo State section was fairly good with less frequent pavement failures but shoulders over-grown by bush especially around FUTA gate in Akure.

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Iw ara ja Junction

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Ipe tu-Ijesha Junction

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Ila ra M okin Junction

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Map 2: Map of Project Area Showing the Major Communities along Akure-Ilesa Road

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Plate 1: ROW Encroachment by Structures

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Plate 2: ROW with Bush Regrowth Vegetation

Plate 3: Roadside Trading Activities along Akure-Ilesa Road

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Plate 4: Some of the Few Road Signage Infrastructure Plate 5: Accident Vehicle on Akure-Ilesa Road

Plate 6: Segments of Road Pavement Failure and Potholes along Akure-Ilesa Road

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Plate 7: Common View of Shoulder Conditions along Akure-Ilesa Road

Plate 8: Common Alignment on Akure-Ilesa Road Plate 9: Akure-Ilesa Road at Iwaraja

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1.6 Availability of Right of Way (ROW)The road and culverts shall be rehabilitated in accordance with the Federal Highways standards. The design standards upon which the road development shall be based include Single lane carriageway with shoulder width of 2.75m. For Akure-Ilesa Road project, RSDT puts the setback at 10 metres from the centreline of carriageway on either side. However, some parts of the setback have been encroached on. Such encroachments include shops, make shift kiosks, movable and immovable structures used mostly for businesses and infrastructures such as billboard, transformer, electricity poles etc.

Plate 10: Akure-Ilesa Road at Ikere Plate 11: Makeshift shops along the ROW

Jct Akure

Plate 12: Telecommunication Masts and PHCN Transmission Line Crossing

The project affected persons (PAPs) who are mainly people trading along the right of way (ROW) of the road corridor and those with movable and immovable structures which intercept the ROW of the project, have unanimously expressed their willingness to co-operate with the government during the rehabilitation work by shifting and relocating

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their structures before the actual work starts. This commitment was made during the period of consultations with all stakeholders.

1.7 Ecology of the CorridorThe primary use of land in the communities along the proposed rehabilitation road is for agriculture. Most of the land area was cultivated to arable crops such as cassava, cocoyam, yam and vegetables. The lands were also cultivated to some deep-feeding tree crops such as oil palm and cashew trees and in a few upland places such as Owena areas there were Cocoa tree plantations. The main block of the Nigerian forest formation at low and medium altitude along this route is Lowland Rainforest. The high human population densities and their activities along the rehabilitation road have greatly transformed the complex structure and species richness of this route. Plant cover in the study area consisted predominantly of farmlands, fallow lands at various stages of regeneration and degraded remnant lowland tropical moist forests (freshwater swamp and dry-land rainforests). Plates 1.13 – 1.14 capture the some of the various vegetation forms encountered along the proposed rehabilitation road

Plate 13: Fallow / Bush Regrowth Vegetation Stand

Plate 14: Fallow / Bush Regrowth Vegetation Stand

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1.8 Geology, Soil and TopographyThe geology underlying the proposed Rehabilitation road is composed of Precambrian Basement Complex rocks. The subsurface layers, which are strongly dependent on the solid geology, vary from clay to sandy clay and clayey sand and basement bedrock beneath the segment underlain by basement complex rocks. The Akure-Ilesa road is underlain by four major soils. These soils which are derived from basement complex rocks comprise broad groups of poorly drained and well upland drained soils. The well-drained soils covered over 70% of the study area and have good potential to support arable crops.

1.9 Land Cover and Land Use TypesThe predominant types of vegetation traversed along Akure-Ilesa road are secondary forest re-growth, with sparse population of various food crops. Major changes, which had occurred during the wet season sampling included denser thicket and taller canopy stature of the predominant vegetation types, greener colouration of the leaves for both planted crops and wild plants and the submergence of some low growing grasses in the lowland areas along the proposed rehabilitation road.

The primary use of land in the communities along the proposed rehabilitation road is for agriculture. Most of the land area was cultivated to arable crops such as cassava, cocoyam, yam and vegetables. The lands were also cultivated to some deep-feeding tree crops such as oil palm and cashew trees and in a few upland places such as Owena areas there were Cocoa tree plantations.

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CHAPTER TWO

POTENTIAL IMPACTS ALONG THE CORRIDOR

2.1 IntroductionThe potential impacts of the road rehabilitation were assessed and mitigation measures identified. The analysis conducted using Geographical Information Systems (GIS) reveals how many important features would be affected in the event of the proposed work. The project is expected to have both positive and negative impacts. The positive impacts are reduction in passenger travel time, reduction in transportation cost. The negative impacts are minimal but include dust emissions during construction and increase in sexually transmitted disease as a result of influx of construction workers. The impact can be mitigated through compensation and stakeholder collaboration with the affected project communities. As it is currently designed, the project is not expected to have significant adverse social impacts. A census to identify those affected and eligible for assistance has been carried out on the 18th November, 2011.

2.2 Land acquisition along the corridorsInvoluntary resettlement of people is not anticipated since the project involves only the rehabilitation of the existing road. RSDT is not planning any major road expansion works for the road corridors and acquisition will not extend beyond the required space in the setback. No structure shall be demolished. Although there are encroachments on the setbacks in some locations, especially in the three main settlements of Owena-Ijesa, Akure and Owena-Owode, the proposed rehabilitation will not interfere with any of the structures.

2.3 Benefits of the ProjectThe project is expected to improve the condition of living of the members of the various communities along the corridor. It will improve infrastructure in the region and make the area more attractive to outside investments. More tangible and immediate benefits will be increased employment opportunities directly related to project construction and operation. Indirect employment related to services, vendors, etc. will generate additional income-earning opportunities, especially for women and children during the construction period. The project will also assist to reduce congestion and the hazards of accidents associated with the corridor as it is at present.

2.4 Negative Impact of the ProjectSince the project entails rehabilitation of existing road network, land acquisition is not anticipated). The impact zone of the road rehabilitation is 5m setback along the corridor from the shoulder. The project affected persons (PAPs) include mainly those whose

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makeshift kiosks and tables for petty trading intercept the ROW of the project. A census to identify those affected and eligible for compensation has been conducted and the potential negative impacts have been identified.

2.5 Settlements along the CorridorThere are about nine main (9) major settlements on either side of the Akure-Ilesa road. These communities include Akure, Ilara Mokin, Igbara Oke, Owena Owode, Owena Ijesa, Orita Reserve, Ipetu Ijesa, Erin Oke Ijesa and Oke Ona. These communities are situated in two states of Ondo and Osun States both in Southwest Nigeria.

There are 22 PAPs in Akure because of its size and population (the city is the Capital of Ondo state and attracts people from all parts of the state, including roadside artisans and traders). Owena-Ijesa and Owena-Owode however have the largest number of PAPs (93) because of the location of a major market (Owena Market) in the communities. As a result, there are many makeshift kiosks and some other movable items (e.g. Tables) that are too close to the highway and intercept the 10m from the centre of the carriageway. Most of the smaller settlements are setback from the road shoulders and not affected. The number of affected persons in each of the communities along the road project is presented in Table 1.

Table 1: Number of Project Affected Persons in Communities along the Road Project

S/N Community No of PAPs1 Akure 222 Igbara Oke 43 Owena-Owode 354 Owena-Ijesa 585 Orita Reserve 96 Erin-Oke Ijesa 17 Ipetu Ijesa 1Total 130

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Map 3: Satellite Image showing Akure - Ilesa (A122) Road (between red arrows)

2.6 Project Affected Persons (PAPs) along the CorridorProject affected people (PAPs) are those who own the structures, land, trees and crops, and those who derive their income from these and other resources that will be affected or interrupted or displaced by the project. The different categories of PAPs identified are defined in Table 2.

Table 2: Categories of PAPs identified

Type of Losses Categories of Affected Persons CommentsLoss of business premise Shifting of vendors Stalls/shops/tables: Present in the SetbackLoss of Income from business premises

Vendors that will shift backwards: Present in the SetbackVulnerable group Absent from the Setback

Loss of commercial land All types of affected persons Absent from the SetbackLoss of Land and Property entails compensation for land, houses,

businesses and other structures on that land, Absent from the Setback

Loss of Permanent Structures

Tables with stand buried into the ground Present in the Setback

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2.7 Impact on Existing Social NetworksNo significant impacts are expected on existing social networks. The displacement of people is not expected to be carried out in a manner that that displaced people will lose close contact with each other.

2.8 Impact on Utilities The utilities that could be affected in the course of work or constitute hindrance to project activities, are mainly billboards, telecommunication masts and one transformer in Owena-Owode. The affected utilities will be relocated by the client before the commencement of work, and where necessary, adequate compensation will be given to the affected people.

Plate 15: Transformer located on the ROW in Owena-Ijesa

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CHAPTER THREE

OBJECTIVES

3.1 The Scope of the ARAP

The ARAP addresses impacts from the rehabilitation of Akure-Ilesa road covering a distance of 72 kilometres. In general, the project will involve some civil works, vegetation (bush) clearing, earth (soil) movement, topographic levelling, alignment and re-alignment of road segments, creation of road pavement, coal tarring.

The proposed area of road rehabilitation and area of influence along the corridor is 5 metres setback from the existing road shoulders by the RSDT/Federal Ministry of Works. The setback measurement along the corridor serves as the area of impact zone by the project. The population most affected are vendors along this right of way (setback).

3.2 Justification for the ARAP

In accordance with the Environmental/Social screening and Scoping report prepared for the road, less than 200 persons will be affected, hence the need to prepare an Abbreviated Resettlement Action Plan for the road in accordance with the World Bank’s OP 4.12. Project MethodologyFor the project, the following methodology was adopted:

Harmonization of project schedule and scope with Road Sector Development Team

Collection of relevant documents and literature materials Reconnaissance survey of the project site to scope and identify the magnitude of

impacts along the right of way of the road project Staff organization and training of fieldworkers Public Consultation Data gathering and census to identify the population and the potential impacts (to

determine the affected properties, structures, persons displaced, infrastructural facilities and economic trees)

Analysis of social data and calculation of compensation Preparation of ARAP (identification of impacts, design mitigation and

management plans and development of implementation process and schedule)

3.3 Objectives of ARAPAmong others, the ARAP aimed at achieving the following objectives:

Identification of Project affected people (PAPs)and valuation of their assets Conducting a socio-economic survey to identify characteristics of people affected

and their assets.

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Establish mitigation modalities to ensure entitlements to compensation/benefits at full replacement value.

Design, monitor and evaluate sustainable income restoration mechanism. Consultation with the project affected persons about acceptable alternatives. Identifying measures for strengthening organizational capacity Describe institutional arrangements. Identify mechanisms for redressing and resolving all grievances Identify monitoring and evaluation methodologies. Provide a timetable and budget for the implementation of the ARAP.

3.4 Minimisation of ResettlementThe fundamental objective of a resettlement planning is to avoid resettlement whenever feasible, or, when resettlement is unavoidable, to minimize its extent and to explore all viable alternatives.

To minimise impacts the following have been taken into consideration: The RSDT project has greatly reduced and indeed eliminated resettlement by

opting to only rehabilitate the damaged sections of the road and overlay with asphalt, working within the setback of 10 meters from the centreline of carriageway

All traders/vendors along that corridor have agreed to move their wares and properties backward off the road setback in the course of work. Immovable Structures on the set back shall be avoided.

The stakeholder communities have been communicated with and informed of the improvement and rehabilitation activities for the corridor

The setback on corridor is generally agreed upon by the stakeholders to be 10m. Encroachment is illegal after the 18th November 2011. Nevertheless, in the event of work in such locations of contraventions, all affected properties are to be removed by their owners to give the required right of way for the project as agreed during the consultation exercise with stakeholders

The members of the various communities and LGAs have shown their willingness to cooperate and support the successful execution of the project during consultations.

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Plate 16: Akure community meeting Plate 17: Owena community meeting

Plate 18: Owena Youth Forum meeting Plate 19: Erinmo community meeting

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CHAPTER FOUR

SOCIAL INFORMATION

4.1 IntroductionA socio-economic survey of the PAPs was conducted to determine their socio-economic conditions and how the project impact might affect them. The objective of the survey was to develop a socio-demographic profile of PAPs along the corridor; in addition, the photograph of every PAP was taken beside their business1. The following thematic socio-economic indicators were examined: location, gender, marital status, type of business, type of structure used for business, income category, education, and reported daily turnover from business. A total of 130 PAPs were identified and enumerated by the socio-economic team during the fieldwork (See a separate document, Census of Project Affected Persons ).

Plate 20: Encroachment along the corridor of the road by petty traders in Owena-Owode

4.2 Census Cut-Off DateThe established cut off-date to record the PAPs along the project corridor is November 18, 2011. The vendors along the corridor have been duly informed of the cut-off date.

1 The photographs, linked to each identified PAP, were compiled into a separate document and forwarded with this report.

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However, if the project is delayed by two years the socio-economic survey will be updated.

4.3 Data Analysis and Interpretation

4.3.1 Analysis of persons InterviewedAlmost three-quarters (71%) of the PAPs are located in the two adjacent Owena communities—Owena-Ijesa (45%) and Owena-Owode (27%). Less than a fifth of the PAPs (17%) are located in Akure, the Ondo State capital while the few remaining PAPs are identified in Erin-Oke, Igbara-Oke and Ipetu-Ijesa. A little more than half of the PAPs (54%) are in Osun State while the remaining 46% are in Ondo State.

Figure 1: Distribution of identified PAPs by location on the ROW

4.3.2 Analysis of Age of PAPsAn examination of the age distribution of the PAPs showed that 88% were below 60 years of age. Of these, a quarter (25%) was between ages 20-29, 40% were between ages 30-39, and 15% were aged 40-49 years while 8% and 6% respectively were aged 50-59 years and above 60 years respectively. There were no under-aged children identified as PAP in any of the communities, thus vulnerability due to being under-aged was ruled out. A few of the PAPs were above 60 years of age, but an assessment of their businesses show these are easily movable wares by the sides of the road, their means of livelihood would not be seriously disrupted as they have no physical structures (kiosks, wooden shops or cages).

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Figure 2: Distribution of PAPs by Age

4.3.3 Analysis of Sex Distribution of the identified PAPsMost of the PAPs (70%) were females while 30% were males. This shows that about seven in ten of the PAPs were females and it provides some information on vulnerability by sex among the PAPs. Overall, women (mostly engaged in petty trading along the ROW) are going to be mostly affected by the project. However, as seen in plates 4.1 and 4.2, most of their businesses are easily movable and the disruption to their means of livelihood is expected to be minimal; therefore, they are not considered vulnerable.

Figure 3: Distribution of PAPs by Sex

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4.3.4 Analysis of Educational attainment of the identified PAPsExamination of the educational level of the PAPs showed that overall, half of the PAPs (51%%) had at least secondary level schooling while about 22% had only primary level education. Only 12% had no formal education. Figure 4 below shows the educational attainment of identified PAPs by location along the ROW.

Figure 4: Distribution of PAPs by Education

4.3.5 Types of businesses of identified PAPsAnalysis of the types of business activities engaged in by PAPs along the corridor showed that 57% of the PAPs were selling raw foodstuffs (including palm oil, yam and fruits), 10% owned boutiques and provision stores, 5% each were engine oil sellers and auto spare parts sellers respectively. About 9% operates food or beer restaurants. The rest are involved in a myriad of activities including sale of phone accessories, sale of honey, rugs/carpet, cement, etc.

Plate 21: Encroachment (petty trading) along the ROW

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Table 3: Distribution of PAPs by location and type of business

Types of business AkureErin-Oke

Igbara-Oke

Ipetu-Ijesa

Owena-Ijesa

Owena-Owode

Orita Reserve Total

foodstuff (palm oil, 12 1 2 1 18 31 9 74boutique/provisions 6 0 1 0 6 0 0 13restaurant (food/beer) 2 0 0 0 8 1 0 11Others 2 0 1 0 14 2 0 19Engine oil sellers 0 0 0 0 5 1 0 6auto spare parts sell 0 0 0 0 7 0 0 7

Total 22 1 4 1 58 35 9 130

4.3.6 Type of structure used by identified PAPs along the corridorAnalysis of the type of structure that will be affected along the corridor during project execution showed that a third (35%) of the structures that will be affected are shades made from palm fronds and wooden stakes, about a fifth (22%) are wooden shops (made from planks) while 19% are movable kiosks. The remaining structures comprise tables (5%), metal containers (5%). The remaining 5% are movable equipment like vulcanizers’ engines.

Table 4: Distribution of PAPs by type of structure used for business

Location (name of settlement)Observed type of Structure/Facility Akure

Erin-Oke

Igbara-Oke

Ipetu-Ijesa

Owena-Ijesa

Owena-Owode

Orita Reserve Total

Kiosk 11 0 1 0 13 0 0 25Shade 1 0 3 0 5 28 9 46Table 3 0 0 0 1 3 0 7Wooden shops 3 1 0 0 24 1 0 29Store 0 0 0 0 4 0 0 4Fixed Cage (metal containers) 1 0 0 1 4 0

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Concrete building 1 0 0 0 5 0 0 6Others 2 0 0 0 2 3 0 7Total 22 1 4 1 58 35 9 130

4.3.7 Analysis of reported daily turnover from businesses of identified PAPs

An analysis of the daily turnover from business reported by the PAPs showed that 65% earned less than 15,000 naira per day, 10% earned between 15,000 to 29,000 naira daily while about 8% reported daily earnings in excess of 30,000 per day.

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Figure 5: Distribution of PAPs by Daily turnover from Business

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CHAPTER FIVE

EXISTING LEGAL FRAMEWORK

5.1 IntroductionA brief review of local laws, regulations and procedures on land acquisition and resettlement was carried out. The review shows that the legal framework for land acquisition and resettlement in Nigeria is the Land Use Act of 1978. The relevant Bank policy (OP) 4.12 was adopted in 2001. It further highlights that the differences between the Land Use Act and the Bank’s OP mostly concern rehabilitation measures, which are neither proscribed nor mandated in the Act.

5.2 Nigeria Land Use Act of 1978 and Resettlement ProceduresThe Land Use Act of the Federal Republic of Nigeria (No. 6 of 1978) which was modified in 1990 commences by vesting all land comprised in the territory of each State (except land vested in the Federal Government and its agencies) solely in the Governor of the state. He/she would hold such land in trust for the people and would henceforth be responsible for all allocation of land in all urban areas to individual resident in the state and to organization for residential, agricultural, commercial and other purposes. Section 2a stipulates that all land in urban areas shall be under the control and management of the Governor of each state; and (b) similar powers with respect to the rural areas are conferred on the Local Government within the area of jurisdiction in which the land is situated.

Some sections of the Act provide for Revocation of Right of Occupancy and subsequent compensation arising there from.

Section 6(5) of the Act stipulates that the holder and occupier according to their respective interest of any customary right of occupancy revoked under subsection (3) of the section shall be entitled to compensation for the value at the date of revocation of their unexhausted improvement.

Compensation is deemed to be in respect of buildings, installation or improvements on the land, for the amount of the replacement cost of the building, installation or improvement. That is, 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 as may be substantiated by documentary evidence and proof of the satisfaction of the appropriate officer.

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

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some fund specified by the Governor for the purpose of being utilized or applied for the benefit of the community.

The Chief or Leader of the Community - to be disposed by him for the benefit of the Community in accordance with the applicable customary law or into some fund specified by the Governor for the purposes of being utilized or applied for the benefit of the Community

Section 33(1): Where the right of occupancy of any developed land on which a residential building had been erected is revoked under the 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 applicable 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); orIssue notice to occupiers of land prior to displacement of land for public project.

However, it should be noted that, 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. The government rather enforces involuntary displacement by demolition of the structures and assets that are located within the land mapped for project.

Where there arises any dispute as to the amount of compensation Section 30 of the Act provides that compensation shall be calculated in accordance with the provisions of the Act such dispute shall be referred to the appropriate Land Use and Allocation Committee

This ARAP for the 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 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.

The project proponent has fulfilled the requirements of the Involuntary Resettlement Policy as stipulated in the World Bank Policy OP.4.12 as follows:

Census survey of all affected persons has been carried out with affected persons dully registered for appropriate compensations

Consultations were held with the relevant stakeholders. Socioeconomic surveys of affected person along the corridors carried Compensation methods have been agreed with the affected persons.

5.3 Town and Country Planning Regulations of 1986The Town and Country Planning Regulations of 1986, item 17, Setback to Water Bodies and Gorges;

“The setbacks to water bodies and gorges shall be as follows:

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a) The distance between any building and any river shall not be less than 60mb) For any building erected near a seasonal stream, the distance between the

building and the said stream or any water body within water catchment’s zones shall not be less than 45m

c) The distance between any building and a gorge/canal/drainage shall be not less than 15m in built up area and 45m in new areas”

Land acquisition process in most States is controlled and managed primarily by the Land Services Department, and is essentially an internal process. In recent times, there has been significant attempt by the State Government to be more inclusive in this regard.

5.4 World Bank Resettlement GuidelinesThe 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).

The relevant policy on ARAP is set out in the World Bank’s OP 4.12 (Involuntary Resettlement). OP 4.12 applies whenever property must be acquired, or its use modified, for a project, and that acquisition or modification results in the loss of income, residence or access to resources, whether permanent or temporary and whether the occupation is legal or illegal. With respect to this ARAP, the OP 4.12 is applied.

OP 4.12 aims to ensure that the following key principles of resettlement are in place: The Project Affected Persons2 (PAPs) are being offered choices including

alternative relocation options that are technically and economically feasible to them and are culturally appropriate.

Preferences are given to land-based resettlement strategies of the displaced people whose livelihoods are land-based and are indigenous. Such strategies must be compatible with their cultural preferences and should be prepared in consultations with them.

When the impacts require physical relocation, the compensation measures must include provision of assistance during relocation (moving allowance),

2Any person who, as a result of the implementation of a 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.

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residential housing or housing sites that are at least equivalent to the old site in terms of productive potential and location advantages.

Resettlement should include measures to ensure that the affected people are offered support for a reasonable transition period based on the estimate of time required to restore the original level of their livelihoods and standards of living.

The affected people should also be provided with development assistance for losses incurred.

Particular attention should be paid to the needs and concerns of the poor and vulnerable groups including the landless, women, and children including the elderly, ethnic minorities, and indigenous compensation.

Compensations must be made in cash or in-kind depending on the preferences made by the affected people. They should be made promptly, in form of a single payment and shall be at a market value agreed to between willing buyers and sellers, which shall be considered as full replacement cost3

for the lost assets. Cash compensation for lost assets may be appropriate under the following

circumstances:a. Where the livelihoods are land based, but the land acquired

by the project is a small fraction of the affected asset and the residual is economically viable.

b. Where there is a sufficient supply of land, housing and labour which can be used by the displaced person; and

c. Where the livelihoods are not land based

The OP 4.12 indicates that compensation should be made to the following three categories of affected population:

Those who have formal rights to land, including customary and traditional rights recognized under the local laws

Those who do not have formal rights to land at the time the census began but have a claim to such lands or assets, and

Those who have no recognisable legal right or claim on land they are occupying.

In regard to public consultation and disclosure, the OP 4.12 indicates that: The affected people should be identified and informed about their options and

rights in regard to resettlement and should be given the opportunity to participate in planning, implementing, and monitoring of the relocation activities.

A census of the affected population and broad consultations in the affected communities should be undertaken in order to not only identify those to be affected, but also to discourage inflow of people not eligible for assistance.

Participants in the consultations must include community leaders, NGOs, CBOs and other interest groups active in the project area.

3The rate of compensation for lost assets (with regard to land and structures) must be calculated at full replacement cost, that is, the market value of the assets plus transaction costs.

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5.5 Land Use and Bank OP 4.12 – A ComparisonWhereas the law relating to land administration in Nigeria is wide and varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank's OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by a cut -off date.

Therefore, as this is a Bank funded project, the principles of OP 4.12 are not negotiable; the Bank's OP.4.12 must be adhered to. As a result, all land to be acquired by the government for this project would be so acquired subject to the Laws of Nigeria and the Bank OP4.12. Where, there is conflict, the Bank OP 4.12 must take precedence.

Table 5: Land Use Act and World Bank OP 4.12 on CompensationType of Lost Assets Nigerian Law World Bank OP 4.12Land Owners Cash compensation based upon

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

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

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

Land Users Not entitled to compensation for land, entitled to compensation for crops.

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

Owners of "Non-permanent" Buildings

Cash compensation based on 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 is based on market value.

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

5.6 Project Compliance with World Bank Policy ObjectivesAlthough the local legislation, including those regulating the right of way/setbacks belonging to the state does not require application of measures similar to those required by OP 4.12 to acquire land, RSDT has fulfilled the requirements of the Involuntary Resettlement Policy as follows:

Census survey of all affected persons has been carried out with affected persons dully registered for appropriate compensations

Consultations were held with the relevant stakeholders. Socioeconomic surveys of affected person along the corridors carried Compensation methods have been agreed with the affected persons

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CHAPTER SIX

INSTITUTIONAL ARRANGEMENT AND RESPONSIBLITIES

6.1 IntroductionThe major institutions that are involved in the Resettlement process are the Road Sector Development Team (RSDT) – Federal Ministry of Works, Federal Ministry of Land, Housing and Urban Development, The World Bank and the Resettlement Implementation Committee (RIC) in each project designated area.

6.2 Institutional ArrangementThe roles and responsibilities of the institutions regarding Resettlement Implementation and Grievance redress are as presented in Table 6 below:

Table 6: Institutional Arrangement and Responsibilities for ARAPS/No Stakeholders/

InstitutionsResponsibilities

1. RSDT Establishment of Resettlement Implementation Committee (RIC) Ensuring that the project conforms to World Bank safeguard

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

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

Engaging the services of contractors and consultants to carry out 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

Cooperate through a Steering Committee that provides guidance to the technical aspects of all project activities

Internal monitoring and evaluation of ARAP activities Maintain and manage all funds effectively and efficiently for the

sub-projects Preparation of a detailed and well documented reports on ARAP

implementation Submission of Reports to FMOW 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

Conduct regular supervision throughout the project implementation and monitor the progress of the project construction

Recommend additional measures for strengthening the management framework and implementation performance

3. Monitoring and Ensure that there are sufficient resources (time, money and

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Evaluation Officer from the RSDT/Consulting Firm

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 FMOW in time and advice on actions to be taken and costs involved

Ensure that the PIU is sufficiently informed on monitoring results4. *Resettlement

Implementation Committees (RIC)

Being responsible for guiding compensation and resettlement activities in project areas

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

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/Consultant, 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 RIC prepare the detailed implementation plan and together with RSDT/Consultant 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 improvement of the ARAP implementation.

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

Assisting local people in overcoming the difficulties during the implementation period.

5. Project Affected Persons (PAPs)

Giving their own opinions and/or support on alternative project designs during focus group discussion

Coordinating with the survey team in carefully checking and signing off their affected properties and their entitlements

Participating in all phases of ARAP preparation and implementation

6. Community Based NGO/Trade Union

Assist in resolving grievances of PAPs Ensures that social values are not interfered with Ensure community participation in mobilizing and sensitizing

community members etc. Oversee the development needs of the entire community Oversee and coordinate/feedback on the consultation process of

the project7. Ministry of Lands

and Survey & Physical Planning and Urban Development

Invoke the physical planning and urban development law at the road

Ensuring that RSDT/FMOW meets with the requirements of resettlement as specified in the report

Make appropriate recommendation and input in the resettlement process.

Ensuring that affected people are adequately compensated as stated in this report

8. Ministry of Environment

Enforce all environmental legislations and policies Coordinate and supervise environmental assessment studies Ensure that impacts of physical development on the ecosystem are

minimize Preserve, conserve and restore to pre-impact status all ecological

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processes essential to the preservation of biological diversity Protect air, water, land, forest and wildlife within the states Pollution control and environmental health in the states

9. Local Government Responsible for the appraisal of properties affected by the project Engage and encourage carrying out comprehensive and practical

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

Appointing a suitable Desk Officer Participating in sensitization of all communities Participate in resolving grievances ; Monitor implementation of sub-projects and activities of

Operational Officers

* To ensure a broad representation with the intent of minimizing any conflict, it is recommended that the Resettlement Implementation Committee (RIC) members be drawn from amongst the following: State Ministry of Environment, representative of affected Communities, PAPs represented by their Trade Association/Union leaders/CBOs, Physical Planning Department of Local Governments affected. The committee will be coordinated by the Safeguard Unit of RSDT. The committee should be answerable to the Resettlement Advisory Group (RAG) made up of Ministry of Land, Housing and Urban Development; Physical Planning and Rural Development; Ministry of Environment; FMOW; RSDT and affected State Representatives.

6.3 Strengthening Organizational CapabilityPlanning and coordination of the tasks of the various actors is crucial to the successful implementation of the ARAP. To achieve this, workshops and training will be organized with the stakeholders and other relevant government agencies, at project launch and at the commencement of the project.

The workshops will focus on the following: Taking stock of the legal framework for compensation - the OP 4.12 of the World

Bank and other World Bank operational policies on environment and relevant Nigerian laws and policies relating to land acquisition and resettlement,

institutional arrangements and mechanisms for payment of compensation Defining/ tasks and responsibilities of the RSDT, Federal Ministry of

Environment, State and Local Governments and Project Affected Persons. Establishing a work plan Socio-economic survey report on the roads especially on the corridor, Compensation and supplementary assistance in the report, Implementation plan and adopt the implementation plan in the ARAP report.

It is the responsibility of Safeguard unit of RSDT to ensure that all identified members of the implementation team are trained prior to implementation of resettlement and compensation.

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CHAPTER SEVEN

ELIGIBILITY

7.1 Eligibility Criteria and Project Entitlement

The following assumptions were made for valuing the assets for compensation, resettlement and relocation along the corridor of the road for rehabilitation.

Compensation/assistance will be in line with the provisions of the RPF and the World Bank’s Policy on Involuntary Resettlement OP 4.12.

Majority of the PAPs are squatters/encroachers on the ROW of an existing road

That the PAPs have no legal right to be on the ROW of an existing road but lack of legal title does not disqualify people from receiving resettlement assistance.

That no land acquisition will be required by the project. .

Affected persons in the project area will be entitled to various types of compensation that will help in the restoration of their livelihoods, at a minimum, to the pre-project standards. The World Bank Resettlement Policy/Guidelines require compensation for the lost assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihoods. In this project, the absence of formal titles will not constitute a barrier to resettlement assistance and rehabilitation. Further, the principles adopted herein contain special measures and assistance for vulnerable affected persons, such as the aged, female traders, physically challenged persons and children. Persons affected by relocation and/or rehabilitation of structures/assets, Small Business Enterprises houses, etc. are entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons.

7.2 People Eligible To Receive Entitlements Under the ProjectOnly PAPs enumerated during the socioeconomic baseline and census survey shall be eligible for any form of compensation. No one will be eligible for benefits or compensation after the established the cut-of date.. Eligible people include those who suffered loss or damage to an asset, trade or loss of access to productive resources as a result of the project and are referred to as Project Affected Persons (PAPs). This term ‘Affected Persons’ refers to a collective unit of entitlement, and is used in this document to refer to individuals and businesses and any other group affected by the project (see Appendices 8 & 9). Generally, measures will be incorporated in Project design to minimize adverse impacts.

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7.3 Non-Eligible Affected Persons (APs)Any other person that lay claim to or occupy a property or plant any kind of crop on the ROW of the land after the cut-of date is not eligible for compensation. However, it may be possible that some Affected Persons may have been missed in the Census. Therefore, those who can demonstrate that they are eligible will also be eligible for benefits..

RSDT will consider various forms of evidence as proof of eligibility to cover: Affected persons with legal/formal legal rights, documented in the form of

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

Affected persons with no formal or recognized legal rights - Criteria for establishing non-formal, undocumented or unrecognised claims to eligibility shall be established paying particular attention to each situation and its peculiarities. Alternative means of proof of eligibility will include:- Affidavit signed by landlords and tenants- Witnessing or evidence by recognized trade union heads, traditional authority,

customary heads, community elders, family heads and elders and the general community.

7.4 Eligibility Matrix for the Resettlement PlanThe vendors that are eligible for compensation and other project assistance include:

Those vendors that are on the setback of 10 metres from the centreline of carriageway that will be displaced

Vendors whose income will be affected Vendors who need to carry out reconstruction works outside the setback due to

relocation of immovable structures Vendors whose properties are bulky (like metal containers, that requires crane to

move it) and require finance for transportation.

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CHAPTER EIGHT

INVENTORY, VALUATION OF AND COMPENSATION

8.1 IntroductionThe assets to be affected by the road rehabilitation were valued in accordance with the RSDT Resettlement principles and World Bank operational policy on involuntary resettlement, OP 4.12 and in accordance to the provisions of the RPF. This valuation was conducted based on the current replacement value in Ondo and Osun states, the two concerned states.

Valuation of assets along the ROW was conducted at locations where rehabilitation work shall be carried out..

8.2 Summary of Valuation Process Relevant to the PAPIn accordance with the RPF, the Replacement Cost Method of valuation was used to defined entitlements. which include establishing the current gross replacement cost of the asset the age, condition and other factors such as structural obsolescence of the makeshift shops. The process for the valuation of assets was as follows:

A detailed inventory of all persons, possessions, assets and stock requiring resettlement

Recording of prevailing market value of impacts. Determining of compensation packages according to valuations. Allowing a reasonable time period prior to moving. PAPs may salvage any

material without this being deducted from compensation entitlements.

8.3 NotificationAll properties affected by the proposed civil works have been valued and assessed according to the procedures noted in the RPF..

All project affected persons have been carefully documented with their phone numbers. Owners of affected properties have been notified in several ways. These include one on one notification during the socio-economic survey, and also during consultation. However, before the commencement of resettlement and project assistance, all parties mentioned in this ARAP will be adequately notified. RSDT will organize the presentation of this report to the various stakeholders, especially the project affected people. In addition, the report will be displayed at strategic public places including local government secretariat, government offices and selected community centres for review and possible comments. The comments will be incorporated in the final report that will be submitted to RSDT.

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8.4 Valuation of Crops

8.5 Valuation of Affected StructuresNone of the PAPs have legal title to land and are encroaching in the ROW. They will be allowed to shift backwards from the specified 10m distance from the centre of the road. Depending on the type of materials used for the construction of structures, rates have been considered for cost of labour and transportation allowances in the compensation to be paid.

Based on the Entitlement Matrix and Valuation procedures noted in the RPF, compensation valuation was done and the analyses of breakdown of the costing by categories are presented in Table 7 below:

Table 7: Entitlement and Compensation MatrixImpact Items Categories of Compensation/Assistance

Compensations Shift back Assistance Relocation Assistance Income restoration

Owners of Kiosks/containers

√ X √ √

Owners of Sales Table √ √ X X

Persons selling on Open space/floor on the ROW

√ √ √ X

Persons selling under makeshift shades

√ √ √ X

Owners of wooden shops/stores

√ X √ √u

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CHAPTER NINE

RESETTLEMENT MEASURES

9.1 Modes of RestitutionAll project affected persons have been carefully documented with their phone numbers. Names of eligible PAPs will be conspicuously displayed in affected areas and copies of the list will also be sent to the local government councils. The notification for payment will include locations where payments will be made, amount to be paid, the time and date of payment.

RSDT will organize the presentation of this report to the various stakeholders. In addition, the report will be displayed at strategic public places including local government secretariat, government offices and selected libraries for review and possible comments.

9.2 Payment of CompensationIn line with the World Bank operational policy on involuntary resettlement (OP 4.12) and the provisions of the RPF, RSDT will ensure that the living standards and conditions of the PAPs are restored to the status that is at the minimum commensurate to their pre-project status. List of all Vendors has been documented in the PAP register. In addition, every person affected by the project will be issued certificate for easy identification and possible compensation.

The RIC will verify the correctness of each PAP as stated in the register and ascertain that every certificate holder is correctly documented in the register. On completion of the PAP audit list, the RIC will be responsible for verification during payment of compensation. Payments will be made according to locations and adequate information will be made available to all affected persons before payment. Such information will include: dates and locations of payment; list of eligible people and amount; mode of payment; and location of payment

Owners of immovable Structures will be paid compensation that will be based on assessed values of their properties at replacement value.

Compensation to owners of structures will be based on the Cost of replacement of structure 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.

Income loss per day of the construction operation estimated at 7 days

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Payment will be made directly to the PAPs through the Banks. In the event that an individual is absent during payment, the compensation committee will immediately communicate a new date of payment to such PAP(s).

9.3 Income Restoration StrategyOne of the basic requirements of OP 4.12 is to 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. Therefore, the affected people shall receive assistance in rehabilitation.

A participatory approach has been utilized in the development of the income generation programme in order to ensure that the ideas, wishes and needs of the stakeholders are included.

The programme will support training in income generating activities with commercial potential in the non-farm economic sectors. Potential rehabilitation measures could include any of the following:

Assistance in starting a new business and/or strengthening a new one, in the form of management and marketing assistance, product design and prototype development,

Assistance in finding new employment opportunities, including skill development through training for the new employment,

Providing access to, and giving preference to affected people in, employment opportunities created by the project.

The remunerative involvement of stakeholders and in particular of the affected persons, in the construction programme has some benefits which include:

The income accrue to them would produce a direct positive impact by injecting a financial stimulant into the local economy

The direct involvement of the population in the project will develop a sense of belonging and strengthen their appreciation of the project

It should prove that roads can effectively be maintained and cleaned with simple methods.

To remove some the fear of the affected communities, the construction contracts should include a clause instructing the contractor to utilise (sub-contract) from among the communities’ members in the work they are capable of carrying out. Compliance with this rule must be strictly enforced and should be closely monitored by PMU, who in case of contravention will take the necessary steps to correct the situation.

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CHAPTER TEN

COMMUNITY PARTICIPATION

10.1 Public Participation and Consultation

10.1.1 The StakeholdersStakeholders for the purpose of this project are defined as all those people and institutions that have interest in the successful planning and execution of the project. This includes those positively and negatively affected by the project. The key stakeholders identified include leaders in the communities, individual people who own properties that will be directly or indirectly affected and business owners, special interest groups such as CBOs, etc.

10.1.2 Level of Stakeholder EngagementThe extent of stakeholders’ involvement was based on the significance of the impacts which was considered relatively small impacts spread out over very few areas with concomitantly few stakeholders being affected. Details of engagement process with relevant stakeholders include the activities highlighted below:

Reconnaissance visit to community on Wednesday, August 24, 2011 Pre-test and further consultation visit to project area on October, 2011 Survey of affected population and communities by SEEMS from Monday,

November 14 to Friday, November 18, 2011 (revalidated in June, 2012)Thus, these affected persons and communities leaders in these areas were consulted Mechanism for Consultation and Participation of Displaced PersonsBefore the commencement of the study, meetings and consultations were held to afford PAPS the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts between and among PAPs and the Project Implementation. Consultation process and outcome are important and seen as early and mandatory exercise as the best strategy to overcome the problems that may arise during project execution and as a means to achieve the overall scope of the activities of the project.

10.1.3 Public participation and Consultation StrategiesBased on the above, the public consultation which started with the reconnaissance level-survey was done at two levels, viz community level and project affected person’s level.

The consultation took place across the corridor in order to sample the opinion of the people on the project and their expectations from the proponent. The consultation process ensured that all those identified as stakeholders, especially the project affected persons were consulted.

During the subsequent field work that commenced on September 17, 2011, one-on-one meetings were held when the census of affected persons was carried out. Consultative

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meetings through FGDs, In-depth Interviews and questionnaire survey were conducted at various times at the Palaces of the traditional rulers between SEEMS socio-economic team, community leaders, different social groups and youth leaders of each community. Again, following a meeting at the RSDT office with an official of the World Bank, another round of consultations was held in August 2012 with stakeholders, specifically, PAPs to seek their opinions. As agreed at the Abuja meeting, a separate meeting was held with women to take their views into account. Appendix 4 summarises the outcome of these meetings. List of some individuals that participated in the various consultative meetings are presented as Appendices 3-7.

At the meetings, the overview of the proposed project and appreciation of ARAP and other related instruments were presented. Furthermore, the challenges that could impede the implementation of the project and the support needed from all parties to ensure effective project and successful implementation were also discussed with the stakeholders by the ARAP team. Opinions gathered through interaction with stakeholders along the proposed rehabilitation road indicate that the people are well disposed to the project. However, issues and concerns were expressed by them. Some of the issues raised and the way they were addressed at the meetings are highlighted in Appendix 3.

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In general, interactions with the communities were positive and there was widespread appreciation of the consultation process undertaken. In terms of proposed road rehabilitation project, the communities were of the view that it would afford considerable potential for providing significant socio-economic benefits and community assistance projects. However, their priority was to ensure that compensations are paid.

Plate 22: Group discussions with PAPs in the affected communities

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CHAPTER ELEVEN

GRIEVANCE REDRESS MECHANISM

11.1 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 provision of the RPF on grievance and appeal procedures was incorporated and detailed as follow:

An affordable accessible complaints mechanism is in place to enable people with claims against the process to make their complaints

Accessible appeal mechanisms start at the local level. At the time the inventory and valuation is done, the signing officers include a local leader, a representative of those displaced, and a representative of the works engineer. This is the group that should hear any complaint, as it includes authorities familiar with the local social reality, and, in the person of the representative of those displaced, another person who has been through the process.

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 (15) 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.

A record should be kept of a hearing concerning the complaint, as well as of the reasons for finding for or against the complainant.

A copy of the record, signed by the three officials, should be sent to FRDP, as well as to the complainant.

If there is an appeal from this first process, it should be submitted to an independent alternative dispute mechanism outside the ministries concerned.

The resettlement experts recruited for the phase of road design should locate such an appeals mechanism within the Federal Ministry of Justice or through some outside agency known for its success at resolving local complaints and disputes.

It is expected that the concerned members of the grievance redress mechanism will undergo training/sensitization workshop recommended in this report. While the setting of grievance mechanism is necessary it is expected that the following measures, should be put in place to avoid or at least minimize cases of grievances:

Careful designing of the works to be undertaken Establishing the cut-off date with careful marking of structures Identification through photography, inventorying, and Establishing current compensation at full market value

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11.2 Management of Reported GrievancesA Grievance Redress Committee will be set up by FMW 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 FMW, 2 or more representatives of the traditional authorities of project area of influence. The legal expert from the ministry shall be the secretary. The constitution of the grievance redress committee shall be effective from date of disclosure of the ARAP.

The timeline for implementation of the grievance resolutions shall be at most 15 days from the last day allowable for grievance and complaints submission following the end of ARAP disclosure. The functions of the Grievance Redress Committee include:

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

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

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

The 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.

11.3 Grievance LogThe compliant procedure shall be simple, open and transparent. There shall be simple complaint/grievance forms for use in recording and documenting complaints from complainants. In all cases, the grievance form shall contain the details about the complainant, the nature of complain, and records dates for the following events:

date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if

appropriate) the date the complaint was closed out date response was sent to complainant.

The Project Liaison officer will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed

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Table 8: A Typical Reporting Format for Grievance Redress

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CHAPTER TWELVE

ARAP IMPLEMENTATION SCHEDULES

12.1 IntroductionThe implementation schedule for this ARAP covers the periods from the preparation of the ARAP to the conclusion of the proposed project and the time that the Corridor will be fully available to full use. The Implementation schedule defines the duration and timing of the key milestones and tasks.

It is important to note that the implementation of the project will be broken down into phases. This will start with the notification of the PAPs before their displacement and conclude with compensation and their resettlement. However, it should be mentioned that PAPs will need to be compensated in accordance with this ARAP and the resettlement policy framework that had been prepared before the commencement of any project activity is implemented. The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs. These include the target dates for start and completion of all compensations before civil works for the proposed project starts.

The timing mechanism of these measures would ensure that no individual affected would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided to the individual or community affected.

12.2 Plan PreparationReconnaissance visit was made to the project area for consultative meetings with representatives from each of the affected Communities. The aim of the meeting was to highlight the objectives of the survey and enlist community support. A rapid field verification of existing conditions such as identifying the affected communities and their locations from proposed facility and other features was also conducted

Development of the formal ARAP was concluded in June, 2012 with socio-economic surveys in the field. Prior to the survey, RSDT had consultation with the relevant stakeholders of project areas to inform them of the project and its purpose and benefits. Public disclosure of the final document and restitution will be concluded in August, 2012 subsequent to review by World Bank authorities before the final investment decision. The major component tasks for the ARAP are outlined in Table 9

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Table 9: Major Component Tasks and Schedule for the ARAP Implementation

Activities Dates CommentsConsultation/Information to people affected August- November 2011 Done Census and Socio-economic Survey (Preparation of ARAP, Consultation and Disclosure of ARAP, Consultations with the PAPs towards compensation procedures & Notification of PAPs prior to the activities that will affect them)

November, 2011 (The socio-economic survey was reviewed in June, 2012 when the ROW of 10m from the middle of the road was used

Done

Analysis of data and identification of impacts February-March, 2012(Revalidated in June, 2012)

Done

Definition of assistance measures November, 2011 DoneDisclosure of ARAP Expected to be come up anytime from

October, 2012 Ongoing

ARAP Implementation-Relocation/assistance- Compensation and/or Supplementary assistance.

November, 2012 – January, 2013 To be executed

Rehabilitation/Civil Works - Commencement of project operations.

Any time from January, 2013 To be executed

Follow-up Visit by Responsible Stakeholders/Agency - Commencement of project operations.

December 2012 - January 2013 To be executed

Income Restoration Assessment December 2012 – January 2013 To be executed

12.3 ARAP DisclosureThis ARAP, in compliance with World Bank policies, will be publicly disclosed at the official website of RSDT and by making copies available at its office, relevant local government council, Ministry of Environment and other stakeholders and in World Bank InfoShop.

12.4 ROW Acquisition and ConstructionThe acquisition of properties (including appropriate assistance mechanisms) will be aligned with the construction schedule. It is envisaged that site work will commence before the end of year 2012 after payment of assistance and/or compensation. However, the commencement date of the schedule for the project is dependent on the final investment decision (FID). The project is expected to occur over one year period after commencement. Securing ROW for the various activities will be synchronised with the project construction.

12.5 Site Selection ConsultationsWhile selecting a site for civil work for any activities, especially the camp site, the consultation embarked upon in the course of the preparation of this ARAP should be continued. The Implementation Committee should ensure that there are meetings with the PAPs to reach consensus for locations that have least adverse impact.

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12.6 Procedures for Delivery of CompensationThe ARAP implementation committee will verify the correctness of each PAP as stated in the register and ascertain that every certificate holder is correctly documented in the register. On completion of the PAP audit list, the project director will setup a committee that will carry out payment and compensation. This team will consist of RSDT’s accountant, legal and a social safeguard expert, NGO, representatives of various local government trade unions/association. Payments will be made according to locations and adequate information will be made available to all affected persons before payment. Such information will include: dates and locations of payment; list of eligible people and amount; mode of payment; and location of payment. In summary, the procedure for delivery of compensation shall include:

Full payment of compensation is carried out before possession of acquired sites Formally making offers to affected persons and allowing persons to accept or

reject offer, offer a counter claim and seek redress under the grievance procedures established

Implementation committee communicates the amount to be paid to the PAPs Cheques/Transfer to individual accounts shall be the preferred and first mode of

payment; however, payment may be by banker’s draft where the amounts involved are “minimal”. RSDT shall make arrangements with nearest bank to effect payments by banker’s draft;

Payments are made to the affected person personally in the presence of Land/Asset Valuation Committee from the local government and/or other independent witness of the affected person and leaders of the communities and local government

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

Comprehensive reports on payment made submitted for review by RSDT Management

12.7 Monitoring and EvaluationMonitoring and Evaluation activities will occur over the construction period and will continue for approximately six months following completion of the construction phase.

12.8 Updating Socio-Economic Survey and Appreciating Income Restoration Strategy

In the event that this ARAP is not executed within a period of two years, there will be need to update the socio-economic baseline information. Also as part of appreciating the benefits of the project, it is recommended that an update of the socio-economic survey be carried out benchmarking it on the one presented in this ARAP after five years of project implementation.

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CHAPTER THIRTEEN

COSTS AND BUDGET

13.1 Budgeting and Financial ImplicationsBudget provisions are necessary for compensation and monitoring programmes, training, and employment of personnel which must be handled by RSDT. Costs to mitigate this problem or dislocate the affected persons had been estimated and shall be fully implemented as RSDT has the full responsibility of ensuring this. In the event of delays, a provision of 10% of total budget for contingencies and inflation that may result should be allowed and added to the current budget.

The lists of affected persons with the type, number and size of structures to be demolished have been compiled. RSDT will carry out the audit of all eligible PAPs during the implementation and make direct payments to all of them.

The financial implication was determined through proper determination of the entitlement of each PAP in conjunction with RSDT compiled for necessary approval. The total cost implication for the implementation of the ARAP is Four Million, Two Hundred and Thirty-Seven Thousand, Seven hundred Naira and Two kobo (N7,294,407.13). The breakdown is presented in Table 10. This however, excludes the monitoring implementation cost, consultancy and post implementation evaluation of the ARAP.

Twenty filling stations whose business will be interrupted for few days will also have to be compensated. A sum of 5,000 per day for a maximum of 10 days is therefore added to take of this disruption. Therefore, a sum of 1,000,000.00 is therefore budgeted for this purpose (see a separate document, Census of Project Affected Persons).

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Table 10 : Cost Implication for the ARAP implementation

S/N Item No Cost (N)

Source of Fund & Channel of Disbursement

Remarks

1 Compensation All 2, 795,157.13 RSDT Total no. of PAPs who will have to shift backward. Disruption of income for 1 day (estimate). This will also cost of reconstruction for PAPs who will have to shift backward & reconstruct their business premises

ii Relocation None - RSDT

iii Loss of Income All 999,250.00 Cost of relocation & compensation for loss of income (7 days)

iii Reconstruction 20 1,000,000.00 RSDT Twenty filling stations will be affected during the road rehabilitation. Some costs will be incurred in making provision for alternative route to their facilities during this period (See a separate document, Census of Project Affected Persons). Also, some electric poles and a transformer at Owode-Owena will have to be repositioned.

iv Community Social Needs

2,500,000.00 RSDT Four communities water problem can be provided with boreholes (at a cost of N250,000.00 per one) and the community that requested for hospital may be assisted with the sum of 1,500.000.00

SUBTOTAL 7,294,407.13 RSDTImplementation Monitoring

RSDT To be determined by RSDT

Consultancy RSDT To be determined by RSDTPost implementation evaluation

RSDT To be determined by RSDT

T O T A L RSDT Budgetary Provision for execution of the ARAP

13.2 Source of Budget and Cost EstimateA census and evaluation of the possible impacts have been carried out to be approved by the World Bank. The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. Full supplementary assistance will be provided by RSDT.

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CHAPTER FOURTEEN

MONITORING AND EVALUATION

14.1 IntroductionA Monitoring and Evaluation procedures for the ARAP were designed to ensure effective community engagement which will engender the success of risks and impacts identification and management. These procedures, in line with the provisions of the RPF, include both internal track keeping and independent external monitoring. However, it must be stated the primary responsibility of monitoring rests with Ministry of Works. So the Environment and Social Safeguard Unit of RSDT will supervise to ensure a comprehensive monitoring of the project implementation.

14.2 Purpose of Monitoring and EvaluationThe purpose of resettlement monitoring for the proposed project include the following:

Ensure that the ARAPs are implemented as designed and approved

Ensure that the baseline information of all PAPs has been collected and that the valuation of assets lost or damaged, has been carried out within agreed timeframe.

Confirm that eligible PAPs receive their compensation entitlements in full and provision made for resettlement and other rehabilitation entitlements in accordance with the provisions of the policy framework and the respective inventory and ARAP.

Verify that funds for implementing the ARAPs are provided to the respective local level in a timely manner in amounts sufficient for their purposes and that such funds are used in accordance with the provisions of that ARAP

Ensure the identification and signature /thumb printing of PAPs before and during receipt of compensation entitlement.

Check that any grievances expressed by PAP are followed through and that, where necessary, appropriate corrective action is taken.

14.3 ARAP Monitoring Plan and FrameworkThe implementation of the ARAP will be regularly supervised and monitored by the Monitoring and Evaluation/Environmental officer in coordination with RSDT/ FMOW. The monitoring framework for the project shall consist of three components including:

Performance monitoring by RSDT, Impact monitoring commissioned to specialized firms; and ARAP Completion Audit.

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In keeping with World Bank requirements, and as noted in the RPF, on involuntary resettlement and to adequately report on the effectiveness of ARAP implementation, the following key indicators shall be monitored:

Public consultation Grievance procedures in place and functioning Timely disbursement of compensation; Compensation disbursement to the correct parties; The physical progress of resettlement.

Table 11: ARAP Monitoring Plan for Akure-Ilesa Road Rehabilitation Project

Activity Type of Information Source of Information Responsibility FrequencyPerformance Monitoring

Measurement of input and outcome indicators against proposed timeline and budget, including compensation disbursement

Quarterly narrative status and compensation disbursement reports

RSDT ARAP team

Quarterly or as required by management team and World Bank

Impact Monitoring

Tracking effectiveness of inputs against baseline indicators.

Assessment of affected people’s satisfaction with inputs, processes and output

Annual quantitative and qualitative surveys.

Regular public meetings and other consultation with project affected people

Review of grievance mechanism outputs

RSDT ARAP team

Annual

Completion Audit

Measurement of output indicators such as productivity gains, livelihood restoration and development

External assessment report against timeline and consultation with affected persons

RSDT ARAP team

On completion of ARAP time-table

Monitoring is an on-going activity to track project progress against planned tasks. It is essentially used to provide regular oversight of the implementation of an activity in terms of input delivery, work schedules, targeted outputs etc. through routine data gathering, analysis and reporting. This will enable RSDT to measure the extent to which the main objectives of the resettlement plan have been achieved. RSDT monitoring team will provide the ARAP management team with feedback on ARAP implementation and help ensure that adverse impacts on affected people are mitigated in a timely manner.

RSDT’s ARAP monitoring and evaluation activities will be supplemented and verified by monitoring efforts of an independent Panel of specialists specialized in resettlement issues.

14.4 Indicators to MonitorIndicators will be created for affected people as a whole, for key stakeholders, and for special categories of affected groups such as women, aged and children. Key performance indicators for monitoring World Bank financed activities include:

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Input indicators include the resources in terms of people, equipment and materials that go into the ARAP. Examples of input indicators in the ARAP are the sources and amounts of funding for various ARAP activities.

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

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

i. The creation of grievance mechanisms;ii. The establishment of stakeholder channels so that they can participate in

ARAP implementation; andiii. Information dissemination activities.

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

Box 1: ARAP Monitoring Framework1. Verify internal ARAP implementation reports by a field check of the following:

Payment of compensation including its levels and timing Settlement of land/resource access claims Preparation and adequacy of resettlement sites Housing construction Provision of employment, its adequacy and income levels Adequacy of training and other developmental inputs Rehabilitation of vulnerable groups Infrastructure repair, relocation or replacement Enterprise relocation, compensation and its adequacy Transition allowances

2. Interview a random sample of affected people in open-ended discussion to assess their knowledge and concerns regarding the resettlement process, their entitlements and rehabilitation measures.

3. Observe public consultations with affected people at the village or town level.4. Observe the function of the resettlement operation at all levels to assess its effectiveness and

compliance with the ARAP.5. Check the type of grievance issues and the functioning of grievance redress mechanisms by

reviewing the processing of appeals at all levels and interviewing aggrieved affected people.6. Survey the standards of living of the affected people (and of an unaffected control group where

feasible) before and after implementation of resettlement to assess whether the standards of living of the affected people have improved or been maintained.

7. Advise project management regarding necessary improvements in the implementation of the ARAP, if any

Adapted from The World Bank Resettlement Source Book

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14.5 ReportingARAP monitoring reports will be prepared in accordance with World Bank guidelines. Progress will be reported for the following tasks:

Internal monitoring Expert monitoring Completion audit Compensation

RSDT will use a device such as a bar chart/Gantt chart or MS Project table to assess and present information on progress of time bound actions.

Table 12: Monitoring IndicatorsSubject Indicator VariableCompensation,Re-establishmentandRehabilitation

Compensation and reestablishment of affected owners/individuals

Number of homesteads affected (buildings, land, trees, crops) Number of owners compensated by type of loss Amount compensated by type and owner Number of replacement houses constructed · Number of replacement businesses constructed

Social/ Demographic

Changes to homestead structure

Homestead size (births, deaths, migration in and out) Age distribution Gender distribution Marital status Relationship to homestead head Status of “vulnerable” homesteads

Population migration Residential status of homestead members Movement in and out of the homestead (place and residence of homestead members)

Changes to access Distance/travel time to nearest school, health centre, church, shop, village

Changes to educational status

Literacy and educational attainment of homestead members School attendance rates (age, gender) Number, type of educational establishments

Changes to status of women

Participation in training programmes Use of credit facilities Participation in -related activities and enterprises

Changes in social organization

Organizational membership of homestead members Leadership positions held by homestead members

Population influx Growth in number and size of settlements, formal and informal Growth in market areas

Consultation Consultation programme operation

Number of local committees established Number and dates of local committee meetings Type of issues raised at local committees meetings Involvement of local committees in development planning Number of participating NGOs

Dissemination Number, position, staffing of Information Centres Staffing, equipment, documentation of Information Centres Activities of Information Centres Number of people accessing Information Centres Information requests, issues raised at Information Centres

Grievances resolved Number of grievances registered, by type Number of grievances resolved Number of cases referred to court

Training Operation of training Number of local committee members trained Number of affected population trained in Project-related

Programme Training courses

Management Staffing Number of implementing agencies by function Number of ministry officials available by function Number of office and field equipment, by type

Procedures in operation Census and asset verification/quantification procedures in place Effectiveness of compensation delivery system Number of land transfers effected Co-ordination between local community structures, THE and officials

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14.6 Staff and MonitoringAll aspects of Monitoring and Evaluation shall be supervised by the RSDT/ARAP management team and will provide high level evaluation of internal performance and impact monitoring and other reports. The management team will be supplemented by staff with appropriate skills to carry out:

ARAP project resettlement requirements as defined by this ARAP; Gathering and presentation of monitoring indicators to be used; Design and implementation of basic techniques to be used for collecting

information and feedback from project affected people; and Reporting requirements and formats.

14.7 Internal Performance MonitoringPerformance monitoring is an internal management function allowing RSDT to measure physical progress against milestone input, process, output and outcome indicators established in the ARAP.

14.8 Category of Information CollectedThe information used in internal performance monitoring will include assessment of the milestones outlined in Table 13.

Table 13: Information MilestoneIndicator MilestoneInput Socioeconomic survey of a focus groups to serve as baseline for subsequent

monitoring Updated Census of affected persons Updated asset inventory Updated census of bus shelters

Output Valuation and determination of compensation for affected assets conducted in accordance with relevant legislative frameworks

Public meetings held: consultations with project affected persons (PAP), Groups and Associations

Outcome and Impact Compensation payments disbursed: RSDT will conduct a field check to verify that compensation payments have been received by all affected persons; and will confirm levels and timing of payments.

Grievance redress procedures in place and functioning: RSDT will check the type of grievance issues and the functioning/effectiveness of grievance redress mechanisms by reviewing the processing of appeals at all levels, the outcomes of grievances and PAP satisfaction with grievance procedures. As part of this, RSDT will interview aggrieved affected people.

If chosen as a resettlement option, Shops and related infrastructure completed prior to the start of the rehabilitation.

Monitoring and evaluation reports submitted.

14.9 Source of Information/MethodsPerformance monitoring of the ARAP is an internal management function that will be integrated into the overall project management to ensure that ARAP activities are synchronized with all project implementation activities. Various methods will be used to monitor progress against the milestones established in the ARAP, such as:

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Interviews of random sample of affected people, using open-ended discussions to assess their knowledge and concerns regarding the displacement, their entitlement and rehabilitation measures;

Up-date of baseline survey within 18 months of displacement; Case studies of grievances.

Information will be collected and compiled in the quarterly narrative status and compensation disbursement reports.

14.10 Responsibility for Data Collection, Analysis and ReportingThe RSDT ARAP Management team supported by other departments will have primary responsibility for the implementation of all internal monitoring activities. Designated staff will collect relevant data in a standardized format.

14.11 Frequency of ReportingPerformance monitoring reports for the RSDT ARAP management team will be prepared at regular intervals (monthly), beginning with the commencement of any activities related to resettlement, including income restoration. These reports will summarize information that is collected and compiled in the quarterly narrative status and compensation disbursement reports and highlight key issues that have arisen. As a result of the monitoring of inputs, processes, outputs and outcomes of ARAP activities, project management will be advised of necessary improvements in the implementation of the ARAP.

14.12 Impact MonitoringImpact monitoring gauges the effectiveness of the ARAP and its implementation in meeting the needs of the affected population. The purpose of impact monitoring is to provide the World Bank and/or RSDT with an assessment of the effects of resettlement:

To verify internal performance monitoring, and To identify adjustments in the implementation of the ARAP as required.

In consultation with external and independent Panel of Specialists, RSDT will commission social and economic impact monitoring studies. These studies shall include Federal Ministry of Environment, States Ministry of Transport and the States Ministry of Environment. RSDT ARAP management team and the Panel shall review the outcome of studies. The results of impact studies as well as internal monitoring efforts shall be disclosed through the regular information outlets of RSDT and World Bank info-shop.

RSDT will include the affected persons in all phases of impact monitoring, including the identification and measurement of baseline indicators. One baseline has already been established through the preliminary socio-economic studies of the population and area affected by the project. Impact monitoring will also review consultation and grievance mechanism outputs such as the types of grievances identified and the outcomes.

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

14.14 Type of Information CollectedIn order to measure the project impact and to assess the effectiveness of project impact mitigation measures, RSDT will evaluate various categories of quantitative economic, public health and social indicators at the individual level as appropriate.

In addition to quantitative indicators, impact monitoring will be supplemented by the use of qualitative indicators to assess client satisfaction and the satisfaction of the affected people with the choices that they have made in re-establishing themselves. Tracking this data will allow RSDT to determine the following types of information:

The extent to which quality of life and livelihood has been restored; and Whether Project Affected Persons have experienced any hardship as a result of

the project.

14.14.1 Source of InformationImpact monitoring data will be collected at appropriate intervals through qualitative and quantitative surveys, and include a review of grievance mechanism outputs. RSDT intends to directly consult with the affected populations through regular public meetings.

14.14.2 Responsibility for Data Collection, Analysis and ReportingRSDT ARAP team will have primary responsibility for the implementation of all internal monitoring activities. Designated staff will collect and review relevant data in a standardized format.

14.14.3 Frequency/Audience of ReportingImpact monitoring data will be reported to the ARAP management team and relevant external agencies annually, or more frequently as required. Monitoring will extend beyond the completion of this ARAP’s physical inputs to ensure that income restoration and development initiates have been successful.

14.15 Impact evaluationAfter one year after the expropriation has been completed and the assistance to the PAP has been paid, there will be an impact evaluation to assess whether the PAP have improved their living conditions in relation with the baseline socio-economic status collected during the socio-economic studies.

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14.16 External monitoringA suitably reputable non-governmental organisation (NGO) in the project area will be employed by the FMOW to serve as monitoring agency and to periodically carry out monitoring and evaluation of the implementation of the ARAP. This NGO will, in addition to verifying the information in the internal supervision and monitoring reports, visit a sample of 10% of the PAPs in each of the concerned designated district six months after the ARAP has been implemented to:

Determine whether the procedure 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 indicators of the social and economic impact of project implementation on the PAPs.

Suggest modification in the implementation procedures of the ARAP to achieve the principles and objectives of this policy framework

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

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REFERENCES

World Bank (2006): Environmental and Social Management Framework (ESMF) for the Rural Access and Mobility Project (RAMP), Phase 1. World Bank 2006

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

Gombe-Biu Abbreviated Resettlement Action Plan (ARAP) Draft Report, May, 2012

International Finance Corporation (IFC), Handbook for preparing a Resettlement Action Plan.

Land use Act (1978), Federal Republic of Nigeria.

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

Resettlement Policy Framework (RPF) (2008), for Rural Access and Mobility Project Phase 1, Kaduna State.

World Bank (2000), Resettlement and Rehabilitation Guidebook, Washington DC

World Bank (2001): Operational Policies: Involuntary Resettlement OP. 4.12 and Annex

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APPENDICESAppendix 1: Safeguard Instruments Prepared for the Proposed Road Rehabilitation Works

S/N Safeguard Instrument

Focus Remarks

1 Environmental and Social Management Frameworks (ESMF)

Used as a practical tool during program formulation, design, implementation and monitoring.

Describes the steps involved in identifying and mitigating the potential adverse environmental and social impacts of future investment activities.

Provides guidance in cases where the screening results indicate that a separate Environmental Impact Assessment (EIA) or an Environmental Management Plan is required.

Triggered the ESIA/ESMP being prepared pari passu with this ARAP

2 Resettlement Policy Framework (RPF)

Provides the direction to all actors involved in sub-projects implementation, for the identification of resettlement implications and measures to adopt to minimize or address resettlement issues created by each sub-project.

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

Provides the framework within which Resettlement Action Plans/Abbreviated Resettlement Action Plans are developed when the project is certain of the locations and specific impacts of the sub-projects.

Contains a screening /checklist for determining whether OP 4.12 is triggered or not it also provides procedures and guidelines to be followed when the policy is triggered. That is, contains a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs/ARAPs) for sub-projects during the implementation of the comprehensive programme.

Triggered this Standalone Abbreviated Resettlement Action Plan in relation to the proposed road rehabilitation works

3 Social assessment

Analyses the social issues and solicit stakeholders’ views for the design of the Bank-supported project.

Helps make the project responsive to social development concerns, including seeking to enhance benefits for poor and vulnerable people while minimizing or mitigating risk and adverse impacts.

Analyses distributional impacts of intended project benefits on different stakeholder groups, and identifies differences in assets and capabilities to access the project benefits

Not prepared for the project

4 Environmental & Social Screening & Scoping

Screening – First step in the initial assessment of the possible environmental impacts of the

proposed project. The purpose of the environmental/social screening is to identify if the road

rehabilitation project requires an ESIA through the elimination of irrelevant environmental issues and focusing on potentially significant issues at the planning and design stages.

Scoping - Assist in identifying the Issues that are likely of most importance during the

ESIA and eliminates those that are of little concern; Appropriate time and space boundaries of the ESIA study; Information necessary for decision-making; and, Significant effects and

factors to be studied in detail Critical step in the preparation of an in determining the terms of reference

(TOR) of the ESIA/ESMP.

Defined the level of impacts and thus this ARAP for the resettlement issues

5 Environmental and Social Impact Assessment (ESIA)/ESMP

Ensures sustainable development and/or to ensures compliance with local, regional and international regulations relating to environmental protection and conservation.

Provides framework for gathering and documenting information and views on the environmental consequences of activities so that the importance of the effects and the scope of enhancing, modifying and mitigating them can be properly evaluated

Currently being prepared pari passu with this ARAP

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Appendix 2: ARAP Preparation Methodology

S/N Task Activity

1Literature and Policy/Legal

Review

Receipt of the corridor design from RSDT for the corridor Obtain and review maps covering the project corridor to better understand the project route.Develop data gathering Instrument and Checklist in preparation for detailed field surveyCommence definitive field investigation

2 Consultations Continual Consultation

3

Field Investigation

and Data Collection

Field Investigation: Socioeconomic Survey of activities on the corridor Census and of Affected properties and BusinessesCensus of the project corridor in relation to number of various features identified such as the affected structures, displaced persons, and infrastructural facilities affected.ValuationData EntryData cleaning and quality check will be carried out on return from the field to ensure consistency and elimination of errors before data entry commences.Data entry and processing

4 Analysis of Social Data

Assess data from the field instrument against the checklist.Evaluate the impact of the project on the environmentCalculation of compensation rates/valuesFindings and Recommendations from analysis

5 ARAP preparation

Identification of impacts Design mitigation and management plansDevelopment of ARAP Implementation process and Schedule

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Appendix 3: Summary of the outcome of the First Consultation S/N Issues Raised Recommended Action1 That government should inform PAPs on time when

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

That a workable time line be given to PAPs for early evacuation of belongings

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

That the resettlement committee should ensure transparency in dispensing compensation benefits

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

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

4 That government should engage their youths in employment even as casual labourers in the proposed road rehabilitation

RSDT/FMOW is happy to have everyone’s support as the project is for the common good of everyone especially those that transverse the corridor.

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Appendix 4: Summary of the outcome of the Second Consultation with stakeholders

Issue Women Men RecommendationsPerception of road project:

Road is too narrow and should be dualised, rather than expansion

Too many accidents recorded on the road, especially within the town (among roadside traders)

Government has made too many attempts to work on the road but work has never taken off

Wants government to speed up road construction work, first complete one side before moving to the other to minimise adverse impact on the people.

Market encroachment on the highway at Owena-Owode is dangerous to the community due to frequent accidents in the market area which has claimed many lives. A few support relocation of market to a safer place as planned by the State government. Most women think relocation of the market is improper as travellers on the highway are their main patrons and getting traders off the highway is tantamount to strangulating the town’s economy

State of road bad, cause of many accidents including within the town

Did not trust that the current project will lead to any expansion work on the road, claim that several consultations, road measurements, interview of people had taken place about the road, but nothing had really happened, pessimistic that current exercise is one of such vain exercises by the government and its agencies

Advised that PAPs should be directly dealt with in case of any compensation, rather than through community, leaders as there had been reported allegations of mismanagement in past dealings routed through community leaders.

Suggest the construction of barricades on both sides of the road at Owena-Ijesa, at the market area, to prevent display of wares on the road during market days.

Expedite action on the project to douse the public pessimism about its implementation

Install barricades on either side of the road at both Owena-Ijesa and Owena-Owode to prevent display of wares on the highway.

Pay compensation directly to individual PAPs, not through community leaders

Anticipated benefits of project:

Road expansion will benefit community as it will create better parking space for travellers and thus boost economic activity of the communities

It will reduce the spate of accidents in the communities.

If road is expanded, many more vehicles currently seeking alternating routes will return to the road thereby boosting the communities’ economies as a result of increase in travellers traffic along the route.

Create jobs for the youths during the construction work

Contractors should consider engaging some locals as casual workers during project execution

Anticipated problems during project execution:

Displacement of people from their roadside businesses and disruption of their economic activities

Displacement of people from their roadside businesses and disruption of their economic activities

Disruption of free movement of people and vehicles during

Temporary access way should be provided during construction in the communities

Construction should be completed in phases

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constructionSocial needs:

Most of the communities lacks portable water

There is no functional public hospital in Owena-Ijesa, most people travel to the neighbouring community of Owena-Owode for healthcare, but often have to lie about their state of origin4 to be able to benefit from the cheap services rendered at the hospital. The people in this community specifically requested for a functional hospital.

Owena Ijesa people also requested assistance on their new market that has been under for so many years. The participants wished for a speedy completion of the new market project, which some claim, has been abandoned.

Bad intra-town roads giving motorists a tough time every raining season

Epileptic electricity supply Lack of a hospital No portable drinking

water

Provide portable water through boreholes for Owena-Owode, Ipetu-Ijesa, Igbara Oke and Erin Oke

Build a comprehensive health centre at Owena-Ijesa

The issue of market relocation should be taken with the State government

4 Owena-Ijesa is in Osun State while the neighbouring Owena-Owode is in Ondo State. The Ondo State government is reported to have provided the only General Hospital serving the two communities, but there are claims the hospital management discriminates against non-Ondo State indigenes as the services at the hospital is reportedly subsidized for Ondo State indigenes by their government.

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