SFG2879 V1


Final Report
ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP)




ENUGU UKWU GULLY EROSION SITE, ENUGU UKWU,




  Nigeria Erosion and Watershed Management Project
  ANAMBRA STATE PROJECT MANGEMENT UNIT

                                         OCTOBER 2016
                                                          Table of Contents
List of Figures ................................................................................................................... v
List of Tables ................................................................................................................... vi
Definitions ..................................................................................................................... vii
Abbreviations .................................................................................................................. ix
Executive Summary ......................................................................................................... xi
1 CHAPTER ONE OVERVIEW OF NIGERIA EROSION AND WATERSHED MANAGEMENT
PROJECT (NEWMAP) ....................................................................................................... 16
    1.1    Background ....................................................................................................................... 16
      1.1.1     Environmental and Social Safeguard Concerns .................................................................. 17
    1.2    Purpose of the Abbreviated Resettlement Action Plan ....................................................... 18
    1.3    Justification for the preparation of an ARAP....................................................................... 18
    1.4    ARAP Methodology ........................................................................................................... 19

2     CHAPTER TWO DESCRIPTION OF THE PROJECT ENVIRONMENT AND BASELINE STUDIES21
    2.1    Anambra State .................................................................................................................. 21
    2.2    Overview of Enugwu-Ukwu ............................................................................................... 23
    2.3    Overview of the Project Area ............................................................................................. 24
    2.4    Baseline Information ......................................................................................................... 25
      2.4.1     Physical Environment .......................................................................................................... 25
      2.4.2     Biological Environment ....................................................................................................... 29
    2.5    Socio-Economic Baseline Conditions of Project Affected Persons (PAPs) ............................. 33
      2.5.1     Gender Distribution of PAPs ............................................................................................... 33
      2.5.2     Age Distribution of PAPs ..................................................................................................... 33
      2.5.3     Marital status of PAPs ......................................................................................................... 34
      2.5.4     Religious practice of PAPs ................................................................................................... 35
      2.5.5     Education ............................................................................................................................ 35
      2.5.6     Average household size of PAPs ......................................................................................... 35
      2.5.7     Occupation .......................................................................................................................... 36
      2.5.8     Average Income status of PAPs........................................................................................... 37
      2.5.9     Respondents legal or title right to property ....................................................................... 37
      2.5.10 Choice of assistance ............................................................................................................ 38
    2.6    Summary of the Socio-economic Condition of the Project Area .......................................... 39

3     CHAPTER THREE POLICY LEGAL AND REGULATORY FRAMEWORK .............................. 40
    3.1    Introduction ...................................................................................................................... 40
    3.2    The Resettlement Policy Framework (RPF) for the NEWMAP .............................................. 40
    3.3    Relevant Nigeria Acts and Legislations ............................................................................... 41
      3.3.1     Land Use Act of 1978 and Resettlement Procedures .......................................................... 41



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      3.3.2     Forestry Act ......................................................................................................................... 43
    3.4    State Legislations .............................................................................................................. 44
    3.5    International Guidelines .................................................................................................... 45
    3.6    The World Bank Policy on Involuntary Resettlement (OP. 4.12) and the ARAP for Enugwu-
    Ukwu Gully Erosion site ................................................................................................................ 45
      3.6.1     Comparison between Land Use Act and the World Bank’s Policy (OP4.12) on Compensation
                45
      3.6.2     Conclusion Drawn from the Review of World Bank Policies on Involuntary Resettlement. 46

4     CHAPTER FOUR IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS
      47
    4.1    Impact Reduction Measures Undertaken ........................................................................... 48
    4.2    Land acquisition along the corridor .................................................................................... 48
    4.3    Positive Impacts of the project .......................................................................................... 49
    4.4    Negative Impact of the Project .......................................................................................... 49
    4.5    Discussion of project Impacts ............................................................................................ 49
    4.6    Inventory of affected assets/structures in the project area ................................................. 51
    4.7    Census of Project Affected Persons (PAPs) ......................................................................... 51
    4.8    Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs ............ 51
    4.9    Performance Indicator for Assessing Income Restoration ................................................... 51
    4.10 The Valuation methodology .............................................................................................. 52
      4.10.1 Valuation Method for Land Property .................................................................................. 54
      4.10.2 Replacement Cost Method for Assets/Structures .............................................................. 54
      4.10.3 Disturbance and Other Incidental Contingencies ............................................................... 54
      4.10.4 PAPs Losing Permanent Structures-for Residential (immoveable structures) ................... 55
      4.10.5 PAPs Losing Permanent Structures-for Business (immoveable structures) ....................... 55
      4.10.6 PAPs Losing Shrines or Place of Worship ............................................................................ 55
      4.10.7 PAPs Losing Burial Site ........................................................................................................ 55
    4.11 Proof of Eligibility .............................................................................................................. 55
    4.12 Duration for Civil Works .................................................................................................... 56
    4.13 Cut-Off Date...................................................................................................................... 56
    4.14 Entitlement Matrix for the PAPs ........................................................................................ 56
    4.15 Description of Eligibility Criteria for Defining Various Categories of PAPs ............................ 59

5     CHAPTER FIVE GRIEVANCE REDRESS MECHANISMS ................................................... 60
    5.1    Introduction ...................................................................................................................... 60
    5.2    Grievances and Appeals Procedure .................................................................................... 60
    5.3    Grievance Redress Process ................................................................................................ 60
      5.3.1     Procedure for Effective Local Resolution of Grievance ...................................................... 61
      5.3.2     Court Resolution of Grievance Matters .............................................................................. 61
    5.4    Grievance Redress Committee ........................................................................................... 62
    5.5    Expectation When Grievances Arise ................................................................................... 63
    5.6    Management of Reported Grievances ................................................................................ 63


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    5.7       Grievance Log and Response Time ..................................................................................... 64
    5.8       Monitoring Complaints ...................................................................................................... 65
    5.9       World Bank Group (WBG) Grievance Redress Service ......................................................... 65

6     CHAPTER SIX STAKEHOLDERS’/FOCUS GROUP ENGAGEMENT ................................... 66
    6.1    Introduction ...................................................................................................................... 66
    6.2    Advocacy Visit ................................................................................................................... 67
    6.3    Town Hall Meetings........................................................................................................... 68
      6.3.1     The General Town Hall Meeting ......................................................................................... 69
      6.3.2     Focal Group Meeting .......................................................................................................... 71
      6.3.3     Feed Back Meeting .............................................................................................................. 71

7     CHAPTER SEVEN BUDGET AND FINANCING PLAN ...................................................... 72
    7.1    Introduction ...................................................................................................................... 72
    7.2    Financing plan ................................................................................................................... 73
    7.3    Procedure for Delivering of Entitlements ........................................................................... 74
      7.3.1     Engagement of Consultant (NGO)....................................................................................... 74
    7.4    ARAP Compensation Process ............................................................................................. 74
    7.5    Compensation Payment Administration ............................................................................. 74
    7.6    Resettlement Implementation Linkage to Civil Works ........................................................ 75

8     CHAPTER EIGHT INSTITUTIONAL ARRANGEMENTS- ROLES AND RESPONSIBILITIES .... 76
    8.1    Introduction ...................................................................................................................... 76
    8.2    Institutional Arrangement ................................................................................................. 76
      8.2.1      The Financier ....................................................................................................................... 76
      8.2.2      Federal Level ....................................................................................................................... 76
      8.2.3      State Level ........................................................................................................................... 77
      8.2.4      Local Level ........................................................................................................................... 80
      8.2.5      Community Level ................................................................................................................ 80
      8.2.6      Others.................................................................................................................................. 82

9     CHAPTER NINE TIME TABLE OF EVENTS ..................................................................... 83
    9.1       Timetable for the Resettlement Action Plan ....................................................................... 83
    9.2       Training and Capacity Needs .............................................................................................. 84

10 CHAPTER TEN MONITORING AND EVALUATION ........................................................ 85
    10.1      Overview .......................................................................................................................... 85
    10.2      Internal Monitoring ........................................................................................................... 85
    10.3      Independent Monitoring ................................................................................................... 86
    10.4      Monitoring Indicators ........................................................................................................ 86
    10.5      Implementation Schedule.................................................................................................. 87

References ..................................................................................................................... 89
ANNEX 1 CENSUS REGISTRATION FOR PAPS ............................ Error! Bookmark not defined.



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ANNEX 2 MONITORING INDICATOR FOR THE PERFORMANCE OF RAP INCOME RESTORATION
  90
ANNEX 3 LIST OF INVENTORY OF AFFECTED ASSETS/STRUCTURES AND COMPENSATION FOR
PAPS ...................................................................................... Error! Bookmark not defined.
ANNEX 4 CENSUS/ SOCIO-ECONOMIC DATA COLLECTION FORM ..................................... 96
ANNEX 5 LIST OF VULNERABLE PAPS ............................................................................. 102
ANNEX 6 BREAKDOWN OF ASSETS VALUED AND COMPENSATIONError! Bookmark not defined.
ANNEX 7 SUMMARY OF AGREEMENT WITH LAND OWNERS .......................................... 105



LIST OF FIGURES
FIGURE 1 MAP OF NIGERIA SHOWING ANAMBRA STATE AND HIGHLIGHTING THE PROJECT AREA ..........................21
FIGURE 2 A SECTION OF THE GULLY ............................................................................................................................24
FIGURE 3 THE GULLY SHOWING PART OF AN AFFECTED BUILDING ............................................................................25
FIGURE 4 ENTRANCE INTO THE NGENE NNEVOAKA SHRINE .......................................................................................26
FIGURE 5 AMBIENT TEMPERATURE OF PROJECT AREA (NIMET) .................................................................................27
FIGURE 6 RAINFALL PATTERN OF THE PROJECT AREA (NIMET) ...................................................................................27
FIGURE 7 RELATIVE HUMIDITY OF THE PROJECT AREA (NIMET) .................................................................................28
FIGURE 8 EKE MARKET AT URUNNEBO .......................................................................................................................31
FIGURE 9 NGENE-UBE SHRINE .....................................................................................................................................32
FIGURE 10 OBU NGENE-NNEVOAKA SHRINE ...............................................................................................................32
FIGURE 11 GENDER DISTRIBUTION OF PAPS WITHIN THE PROJECT AREA ..................................................................33
FIGURE 12 AGE DISTRIBUTION OF PAPS WITHIN THE PROJECT AREA .........................................................................34
FIGURE 13 MARITAL STATUS OF PAPS WITHIN THE PROJECT AREA............................................................................34
FIGURE 14 EDUCATIONAL QUALIFICATION OF PAPS WITHIN THE PROJECT AREA ......................................................35
FIGURE 15 AVERAGE FAMILY SIZE OF PAPS WITHIN THE PROJECT AREA ....................................................................36
FIGURE 16 OCCUPATION OF PAPS WITHIN THE PROJECT AREA..................................................................................36
FIGURE 17 AVERAGE MONTHLY INCOME OF PAPS WITHIN THE PROJECT AREA ........................................................37
FIGURE 18 ASSET OWNERSHIP TYPES AMONG PAPS IN THE PROJECT AREA ..............................................................38
FIGURE 19 CHOICE OF ASSISTANCE BY PAPS IN THE PROJECT AREA ...........................................................................38
FIGURE 20 EZENWANI SHRINE .....................................................................................................................................48
FIGURE 21 IMPACTED PROPERTY ................................................................................................................................48
FIGURE 22 AVERAGE YEARLY INFLATION RATE (CBN, 2016) .......................................................................................53
FIGURE 23 AVERAGE MONTHLY INFLATION RATE (NBS, 2016) ...................................................................................54
FIGURE 24 GRIEVANCE REDRESS PROCEDURE ............................................................................................................63
FIGURE 25 IGWE ENUGWU UKWU AND CABINET DURING ADVOCACY MEETING ......................................................67
FIGURE 26 CONSULTANT AND SPMU TEAMS DURING THE ADVOCACY VISIT .............................................................67
FIGURE 27 DR OBI ANYADIEGWU ADDRESSING THE IGWE .........................................................................................68
FIGURE 28 THE LIVELIHOOD OFFICER DURING THE ADVOCACY VISIT WITH THE STAKEHOLDERS .............................68
FIGURE 29 A STAKEHOLDER EXPRESSING CONCERN DURING THE TOWN HALL MEETING .........................................69



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FIGURE 30 A CROSS-SECTION OF THE WOMEN GROUP AT THE TOWN HALL MEETING .............................................69
FIGURE 31 SOME OF THE STAKEHOLDERS WITH THE CONSULTANTS DURING THE FOCAL GROUP CONSULTATION 71
FIGURE 32 FOCAL GROUP CONSULTATION AT THE COMMUNITY...............................................................................71
FIGURE 33 A GROUP OF PAPS AT THE FEEDBACK SESSION .........................................................................................72
FIGURE 34 ONE OF THE PAPS DURING THE FEEDBACK SESSION .................................................................................72




LIST OF TABLES
TABLE 1 SOME COMMON PLANTS FOUND WITHIN THE PROJECT COMMUNITY ........................................................29
TABLE 2 COMPARISON OF NIGERIAN LAND USE ACT AND WORLD BANK OP4.12 ON COMPENSATION ....................46
TABLE 3 LIST OF PAPS AND AFFECTED STRUCTURES .............................................ERROR! BOOKMARK NOT DEFINED.
TABLE 4 MARKET SURVEY FROM ENUGWU-UKWU.....................................................................................................52
TABLE 5 ENTITLEMENT MATRIX TABLE FOR PAPS .......................................................................................................56
TABLE 6 A TYPICAL REPORTING FORMAT FOR GRIEVANCE REDRESS ..........................................................................64
TABLE 7 SUMMARY OF ARAP BUDGET ..................................................................ERROR! BOOKMARK NOT DEFINED.
TABLE 8 TIMETABLE FOR COMPLETION OF ARAP IMPLEMENTATION ........................................................................83
TABLE 9 CAPACITY BUILDING SCHEDULE AND COST ...................................................................................................84
TABLE 10 SUMMARY OF IMPLEMENTATION SCHEDULE .............................................................................................87




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DEFINITIONS
Children: all persons under the age of 18 years according to international regulatory standard
(Convention on the rights of Child 2002)
Community: a group of individuals broader than households, who identify themselves as a common
unit due to recognized social, religious, economic and traditional government ties or shared locality.
Compensation: payment in cash or in kind for an asset or resource acquired or affected by the project.
Cut-off-Date: the date of completion of inventory of losses and census of project affected persons
Economic Displacement: a loss of productive assets or usage rights or livelihood capacities because
such assets / rights / capacities are located in the project area.
Entitlement: the compensation offered by RAP, including: financial compensation; the right to
participate in livelihood enhancement programs; housing sites and infrastructure; transport and
temporary housing allowance; and, other short term provisions required to move from one site to
another.
Head of the Household: the eldest member of the core family in the household, for the purpose of the
project.
Household: a group of persons living together who share the same cooking and eating facilities, and
form a basic socio-economic and decision making unit. One or more households often occupy a
homestead.
Involuntary Resettlement: resettlement without the informed consent of the displaced persons or if
they give their consent, it is without having the power to refuse resettlement.
Lost Income Opportunities: lost income opportunities refers to compensation to project affected
persons for loss of business income, business hours/time due to project
Operational Policy 4.12: Describes the basic principles and procedures for resettling, compensating or
at least assisting involuntary displace persons to improve or at least restore their standards of living
after alternatives for avoiding displacement is not feasible
Physical Displacement: a loss of residential structures and related non-residential structures and
physical assets because such structures / assets are located in the project area.
Private property owners: persons who have legal title to structures, land or other assets and are
accordingly entitled to compensation under the Land Act.
Project-Affected Community: a community that is adversely affected by the project.
Project-Affected Person: any person who, as a result of the project, loses the right to own, use or
otherwise benefit from a built structure, land (commercial, residential, agricultural, or pasture), annual
or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently
or temporarily.
Rehabilitation: the restoration of the PAPs resource capacity to continue with productive activities or
lifestyles at a level higher or at least equal to that before the project.




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Relocation: a compensation process through which physically displaced households are provided with
a one-time lump-sum compensation payment for their existing residential structures and move from
the area.
Replacement Cost: the amount of cash compensation and/or assistance suffices to replace lost assets
and cover transaction costs, without taking into account depreciation or salvage value.
Resettlement Action Plan (RAP): documented procedures and the actions a project proponent will
take to mitigate adverse effects, compensate losses, and provide development benefits to persons and
communities affected by a project.
Resettlement Assistance: support provided to people who are physically displaced by a project. This
may include transportation, food, shelter, and social services that are provided to affected people
during their resettlement. Assistance may also include cash allowances that compensate affected
people for the inconvenience associated with resettlement and defray the expenses of a transition to a
new locale, such as moving expenses and lost work days.
Resettlement: a compensation process through which physically displaced households are provided
with replacement plots and residential structures at one of two designated resettlement villages in the
district. Resettlement includes initiatives to restore and improve the living standards of those being
resettled.
Squatters: squatters are landless household squatting within the public / private land for residential and
business purposes.
Vulnerable group: People who by their disadvantage conditions will be economically worse impacted
by project activities than others such as female headed households, persons with disability, at-risk
children, persons with HIV-AIDS and elderly household heads of 60 years and above.




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ABBREVIATIONS
ARAP                  Abbreviated Resettlement Action Plan
BP                                Bank Policies
CBO                      Community Based Organization
CSO                     Community Support Organizations
DaLA                      Damage and Loss Assessment
EA                         Environmental Assessment
EPA                     Environmental Protection Agency
ESIA               Environmental and Social Impact Assessment
ESMF            Environmental and Social Management Framework
ESMP               Environmental and Social Management Plan
FGN                      Federal Government of Nigeria
FMEnv                    Federal Ministry of Environment
FSLC                     First School Leaving Certificate
GDP                          Gross Domestic Product
GRC                       Grievance Redress Committee
IDA                   International Development Association
LGA                          Local Government Area
M&E                        Monitoring and Evaluation
MDAs                   Ministries, Departments & Agencies
NEWMAP          Nigeria Erosion and Watershed Management Project
NGOs                    Non-Governmental Organizations
OP                   Operational Policies (of the World Bank)
PAD                        Project Appraisal Document
PAP                         Project Affected Persons
PDO                      Project Development Objectives
PID                       Project Information Document
PMU                         Project Management Unit
RAP                         Resettlement Action Plan
RPF                      Resettlement Policy Framework
SMEnv                     State Ministry of Environment
SPMU                    State Project Implementation Unit



                                                                   ix
STDs   Sexually Transmitted Diseases
ToR         Terms of Reference




                                       x
EXECUTIVE SUMMARY
INTRODUCTION
The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed
Management Project (NEWMAP), financed by the World Bank, Global Environment Facility, the Special
Climate Change Fund, and the Government of Nigeria. The Project Development Objective (PDO) of
the NEWMAP is to improve erosion management and gully rehabilitation; increase incomes for rural
households from improved agricultural and forest practices through the use of conservation agriculture,
agroforestry, natural regeneration, etc.; and gain efficiency in public administration and public
spending through improved knowledge base, analytical tools, multi-sectoral coordination and
stakeholder dialogue.
Various documents have been prepared in line with NEWMAP, and they include; Environmental and
Social Management Framework (ESMF), Resettlement Policy Frameworks (RPF), Project Appraisal
Document (PAD) prepared for the Nigerian Erosion and Watershed Management Project. This report
focuses on the Abbreviated Resettlement Action Plan (ARAP) developed for the Rehabilitation of the
Enugwu-Ukwu Gully Erosion Njikoka LGA of Anambra State Nigeria.
The aim of the ARAP is to identify and assess the human impact of the proposed works at the Umuturu-
Umuomeji-Ezemazu Gully Erosion Site, and to prepare an Action Plan to be implemented in
coordination with the civil works in line with World Bank Policy and Nigeria policies and laws.
Experience has shown that involuntary resettlement can cause loss of income, assets, and community
ties that, especially among the poor, can be essential for survival and wellbeing. In extreme cases,
involuntary resettlement can lead to the dissolution of families, impoverishment and health problems.
The ARAP will identify the project-affected persons (PAPs), engage them in participatory discussions
regarding the plan and formulate an action plan for compensation.
DESCRIPTION OF THE PROPOSED PROJECT
The proposed rehabilitation works is part of the intervention programme of the World Bank (NEWMAP
sub-project), which is aimed at reclaiming of the already degraded part of the region for subsequent
utilization of land for either agricultural purposes or other developmental projects. These will consider
the following:
     Refilling part of the gully to rehabilitate existing roads by carrying out complete orpartial
      reclamation on the gully;
     Construction of collector drains along the main roads overlooking the intervention area in order
      to prevent further runoff concentration along secondary roads;
     Provision of proper interceptor drains to safely discharge water through chutes and stilling
      basins;
     Provision of concrete channels in infrastructure areas and check dams at suitable intervals
      (300mm) at gully bed of the main gully; and
     Vegetation measures including afforestation to stabilise the eroded areas.

The Project Area
The project area cuts across two (2) major communities in Enugwu-ukwu. The larger section in
Urunnebo community have separated Umuajana and Umunwankwo Villages while the other section falls



                                                                                                       xi
in Umuorji village in Avomimi Community of Enugwu-Ukwu. Land ownership system in the community
is based mainly on inheritance.
The gully system have continued to expand with the rains. The slope of the gully area, the
characteristics of the incipient soil, man-made interferences, unguided run-off flow as well as poorly
terminated drainage systems are the combined causes of the problem. This has resulted to destruction
of infrastructure and negatively impacted on agricultural activities as well as reduction of land
suitability for other applications. Some families have been displaced as a result of the menace.
The Main Gully head originate around coordinates N06.16569° E007.01813°. Field investigation
revealed that the gully begins from Eziemenike culvert, near the Eke market running downstream. The
Left finger gully head originating from around Ufom’s compound and joins the Main gully just behind
Chief Tony Okeke’s residence. Both continues to form a confluence at the Ebenebe tree (N06.16179°
E007.01788°).

The Right Finger gully originates from the Eziegbo culvert (N06.16489° E007.01489°) and runs
downstream through the back of St Francis Catholic Church while the Right Finger Gully-1 originates
from around Gosiora’s Compound (N06.16294° E007.01716°) running south west to join the Right
Finger gully. Both progress downstream meet the Main Gully at the Ebenebe tree (N06.16179°
E007.01788°) and then continues as the Main gully downstream towards the FADAMA III area up to
Ngene Lake.
The project area is populated and residents are mainly farmers. There are also traders and artisans
living within the project communities. Within the area consist of schools, Primary Healthcare Centre, at
the Obu Ozum Hall and St Francis Catholic Church at the centre of the town. There is also a village
market (Eke Market).
POLICY, LEGAL AND REGULATORY FRAMEWORK
A number of national and international environmental guidelines are applicable to the operation of the
NEWMAP. The Bank’s policy on Involuntary Resettlement advocates that where feasible, involuntary
resettlement should be avoided or minimized. Resettlement shall be conceived and executed as a
sustainable development program, where it is inevitable, providing sufficient investment resources to
enable persons displaced by the project share in project benefit.
This ARAP will be aligned with the World Bank Operational Policies including Involuntary Resettlement
Policy, which indicate best practices for rehabilitation of livelihoods of people affected by the
implementation of the project.
IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS
The inventory taken showed that land acquisition will occur for 2 (Two) of the PAPs as a result of the
project. A Zinc building used for traditional worship will be impacted which falls within the 10 meter
setback within the corridor of the Main gully. This happens to be the only Land owned by the PAP. Also
a family burial site belonging to the Iwotor Family will also be impacted.

Crops planted on farmlands and associated economic trees were observed as important features that
would be affected in the event of the proposed work along the corridor of the gullies. It was also
observed that crops planted within the ROW of the drainages as well as encroachment of structures
and fences are other categories of impacts by the proposed work.




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IMPACT REDUCTION MEASURES
The following are technical steps taken in consultation and concurrence of Anambra State NEWMAP
PMU and the Design Engineers which have resulted in the reduction of adverse impacts of the project:
    ï‚·   The engineering design for the intervention using gabion retaining walls and interlocked blocks
        over filtered materials at critical areas near the gully corridor (especially close to structures) was
        employed. This will help retain the existing structure thereby preventing possible demolition of
        the structure. Also geotextile was also employed in some areas.
    ï‚·   The setback for access and buffer on the corridor was made known to the stakeholders to be 10
        meters and that in the event of work in such locations all affected properties are to be removed
        by their owners to give the required right of way for the work.
Consulting/communicating with the people of the project area and PAPs in particular on the day and
time to expect civil work activities within their respective location. This will give the PAPs opportunity
to harvest mature crops before the beginning of civil works.
Census of Project Affected Persons (PAPs)
The outcome of the census conducted shows that 76 assets will be potentially impacted. Which include
persons that will be potentially impacted or suffer socio-economic losses as a result of sub-project
activities as well as some (2) Family Owned assets.
Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs
Among the 76 PAPs, Twenty-two (22) vulnerable persons were enumerated during the ARAP census
which included eighteen (18) widows and four (4) elderly poor persons (above 60 years) with
dependents. There was no vulnerable PAP in the category of HIV-AIDS persons and child headed
households. No mentally disabled persons were identified as part of the PAPs.

Performance Indicators for Assessing Income Restoration
It is the responsibility of the monitoring and evaluation officer or the Safeguard Officer at the PMU to
design a schedule and budget for monitoring the implementation of the RAP which will begin before
project implementation and continue through the life cycle of the project. The monitoring indicators,
for the ARAP income restoration progress is attached as annex 2 of this report.
The Valuation methodology
The asset valuation was conducted based on the current market prices in the project area. For some
materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the
average market price plus 2% price flexibility adjustment was used for the valuation.
Valuation Method for Land Property
In line with OP 4.12 of the World Bank on involuntary resettlement as stated in the entitlement matrix,
land for land entitlement is prescribed.
Replacement Cost Method for Assets/Structures
The Replacement Cost Method, which is used in estimating the value of the property/structure, is based
on the assumption that the capital value of an existing development can be equated to the cost of
reinstating the development on the same plot at the current labour, material and other incidental costs.
The DaLa method was also employed in the assessment of cash crops and economic trees.



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Disturbance and Other Incidental Contingencies
Affected business premises which will have to close shop or be relocated will be given compensation for
loss of business time/income and cash or in kind assistance to enable the relocation of affected
property. Only one (1) PAP was identified as eligible for this due to relocation of his shop. This has been
factored into the full compensation and details are shown in Annex 3
STAKEHOLDERS /FOCUS GROUP ENGAGEMENT
The public consultation strategy for the ARAP activities evolved around the provision of a full
opportunity for involvement for all stakeholders, especially the PAPs. Concerns raised by the
stakeholders are documented and incorporated in this report and used to develop mitigation and/or
enhancement measures for the GRM.
The stakeholders were informed of the visits through the existing communication line between the
SPMU and the communities. The Community leaders through the use of town criers, church
announcements and phone calls, informed the rest of the community of the proposed meetings.
Consultation Method: A combination of various consultation methods were used to assess knowledge,
perception and attitude of the groups consulted concerning the project, and its potential environmental
and social impacts. An Advocacy Visit, Focal group meetings, Town hall meeting and Feedback
meetings were conducted.
The advocacy visit meeting was held on 3rd May 2016 at the palace of His Royal Highness Igwe Raphael
Ikpa (Igwe Enugwu-Ukwu na Umunri) who is the apex authority of the community. A second Advocacy
visit was held on the same day at the Obu ozom hall with the Association Executives, Youth executives
and women group executives.
The Town hall meeting was carried out in two (2) stages. The first was a general meeting where all the
stakeholders and community members were given a general overview of the project, the component
and information regarding the ESMP and ARAP especially the census/inventory and other relevant
information in the RPF and TOR . The second stage meeting involved the consultant and the PAPs after
the census exercise. The meeting provided feedbacks, clarifications and responses.

BUDGET AND FINANCING PLAN
Since the Anambra State Ministry of Environment is the one impacting livelihoods, it will be their
responsibility to fund the ARAP budget. It will be financed through the projects administrative and
financial management rules and manuals like any other sub-activity of the project eligible for payment
under this project.
ARAP Compensation Process: The compensation process will involve several steps in accordance with
the report.
Compensation Payment Administration: The resettlement budget details prepared in this ARAP shall
be the guide for the Consultant/NGO to be engaged for ARAP payment
Resettlement Implementation Linkage to Civil Works
Before any project activity is implemented, PAPs will need to be compensated/resettled in accordance
with the entitlement matrix/budget plan established in this ARAP
Summary of Budget Estimate for ARAP Implementation
S/N  DESCRIPTION                                                            TOTAL



                                                                                                        xiv
1       ARAP Compensation/Assistance Budget for 76 PAPs
        (determined)
        Land                                                                 N1,780,000.00
        Crops and Agricultural Resources                                     N3,856,470.00
        Structures and cultural Resources                                    N4,764,600.00
        Sub-Total: Compensation                                              N10,401,070.00
2       Capacity Building and Training for ARAP Implementation               N4,527,819.00
3       Operating cost including income restoration measures and             N1,040,107.00
        Monitoring of RAP Implementation (10 % of ARAP
        compensation Budget)
4       Cost of engagement of consultant/NGOs for compensation               N1,500,000.00
        payment
        *TOTAL                                                               N17,468,996.00

*Allow time for annual/seasonal crop owners to harvest their crops. Careful management of the site based
on 10m setback and aligning chainages (a distance measured along imaginary line used in survey often
corresponding to the centre of a straight road ) will reduce compensation amount
INSTITUTIONAL MATRIX
The major institutions that are involved in this resettlement process are the Anambra State Ministry of
Environment (SMEnv) the World Bank, and the Community Resettlement Committee (CRC).




TIMETABLE FOR THE RESETTLEMENT ACTION PLAN
The RAP has to be completed and PAPs adequately compensated before operation in the designated
project area.
Training and Capacity Needs
It is necessary that the PMU and the Grievance Redress committee be educated on the modus operandi
of involuntary resettlement and how to manage grievance cases and also for PAPs to understand
optimal measures for livelihood restoration and the opportunities to possibly take advantage of.
GRIEVANCE REDRESS MECHANISM
The likelihood of dispute is much reduced because the few affected persons due to the erosion control
project have been greatly consulted. Nevertheless, the Grievance redress mechanisms designed
herewith has the objective of solving disputes at the earliest possible time, which is in the interest of all
parties concerned; it thus implicitly discourages referring such matters to the law courts for resolution,
which would take a considerably longer time. GRC will hear complaints and facilitate solutions; and the
process, as a whole, will promote dispute settlement through mediation to reduce litigation.
MONITORING AND EVALUATION
There will be two levels of monitoring; namely internal monitoring and external monitoring. Under
internal monitoring the Anambra State Ministry of Environment will hire a monitoring and evaluation
officer to work in the PMU while an external monitoring and evaluation officer will be engaged
periodically by SMEnv.




                                                                                                          xv
1 CHAPTER ONE OVERVIEW OF NIGERIA EROSION AND WATERSHED
  MANAGEMENT PROJECT (NEWMAP)

1.1       Background

The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed
Management Project (NEWMAP), which is financed by the World Bank, Global Environment Facility,
the Special Climate Change Fund, and the Government of Nigeria. NEWMAP finances activities
implemented by States and activities implemented by the Federal government. The project currently
includes 7 states, namely Anambra, Abia, Cross River, Edo, Enugu, Ebonyi, and Imo. The Nigeria
Erosion and Watershed Management Project (NEWMAP) aims to reduce vulnerability to soil erosion in
targeted sub-catchments.
The Project Development Objective (PDO) of the NEWMAP is to improve erosion management and
gully rehabilitation; increase incomes for rural households from improved agricultural and forest
practices through the use of conservation agriculture, agroforestry, natural regeneration, etc.; and gain
efficiency in public administration and public spending through improved knowledge base, analytical
tools, multi-sectoral coordination and stakeholder dialogue.
NEWMAP investments include a strategic combination of civil engineering, vegetative land
management and other catchment protection measures, and community-led adaptive livelihood
initiatives. The sustainability of these investments will be reinforced by strengthening institutions and
information services across sectors and States, including support to improve governance, regulatory
compliance, environmental monitoring, impact evaluation, catchment and land use planning, and to
strengthen Nigeria’s capacity to promote and implement climate-resilient, low- carbon development.
NEWMAP involves many Federal and State Ministries, Departments and Agencies (MDAs), local
governments, communities, and civil society. Effective implementation requires inter- ministerial and
inter-state coordination, collaboration, and information sharing. Each component, sub-component and
activity will be implemented through relevant Federal and State MDAs. The various MDAs include
those responsible for planning, economy and finance, works, agriculture, water resources, forests,
transport, power, emergency response, as well as those focused on climate and hydrological
information or catchment/ basin regulation. Most of NEWMAP’s investments will be made at the State
level, as States have primary responsibility for land management and land allocations.
NEWMAP Components (as documented in the PIM) are divided into 4 viz;
Component 1: Erosion and Catchment Management investment
      ï‚·    Sub-component 1A Gully Rapid Action and Slope Stabilization Sub-component
      ï‚·    1B Integrated Catchment Management
      ï‚·    Sub-component 1C Adaptive Livelihoods
Component 2: Erosion and Catchment Management Institutions and Information Services


                                                                                                      16
    ï‚·   Sub-component 2A Federal MDA Effectiveness and Services Sub-component
    ï‚·   2B State MDA Effectiveness and Services Sub-component
    ï‚·   2C Local Government Capacity Sub-component
    ï‚·   2D Private Sector Capacity
Component 3: Climate Change Agenda Support

    ï‚·   Sub-component 3A Policy and Institutional Framework Sub-component
    ï‚·   3B Low Carbon Development
Component 4: Project Management
Various documents have been prepared in line with NEWMAP, and they include an Environmental and
Social Management Framework (ESMF), a Resettlement Policy Framework (RPF) and a Project
Appraisal Document (PAD) prepared for the Nigerian Erosion and Watershed Management Project.
This report focuses on the Abbreviated Resettlement Action Plan (ARAP) developed for the
Rehabilitation of the Enugwu-Ukwu gully erosion site in Njikoka LGA of Anambra State, Nigeria.
The project area cuts across two (2) major communities in Enugwu-ukwu. The larger section in
Urunnebo community have separated Umuajana and Umunwankwo Villages while the other section falls
in Umuorji village in Avomimi Community of Enugwu-Ukwu. Land ownership system in the community
is based mainly on inheritance.
The gully system are very active and have continued to expand with the rains. The slope of the gully
area together with the characteristics of the incipient soil, man-made interferences characterised by
poor town planning and blockage of natural waterways leading to unguided run-off flow and poor
termination of drainage systems are the root causes of the problem.
The Anambra State NEWMAP intends to rehabilitate the gully erosion site and reduce longer-term
erosion vulnerability in the targeted area. The activities for this sub-project will involve civil works
within the small watershed. This includes mainly stabilization and/or rehabilitation of the gullies by
means of revegetation and engineering works.
The proposed work activities could result in the acquisition of land or displacement of families, business
or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement
and hence the need for a Resettlement Plan.

1.1.1   Environmental and Social Safeguard Concerns
The environmental and social safeguards concerns for NEWMAP are addressed through two national
instruments already prepared under the project: an Environmental and Social Management Framework
(ESMF) and a Resettlement Policy Framework (RPF).
Environmental and Social Management Framework (ESMF): In general, the ESMF specifies the
procedures to be used for preparing, approving and implementing
    ï‚·   Environmental/Social Assessments (ESAs, or alternately both an SA or an EA) and/or




                                                                                                       17
      ï‚·    Environmental/Social Management Plans (ESMPs, or alternately both an EMP and SMP) for
           individual civil works packages developed for each project. ESMPs are essential elements for
           Category B projects.

Resettlement Policy Framework (RPF): The RPF applies when land acquisition leads to the temporary
or permanent physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or
loss, denial or restriction of access to economic resources due to project activities. It sets out the
resettlement and compensation principles, organizational arrangements and design criteria to be
applied to meet the needs of project-affected people, and specifies the contents of a Resettlement
Action Plan (RAP) for each package of investments. A Resettlement Policy Framework (RPF), which
serves as a practical tool during the programme formulation, design, implementation and monitoring,
was prepared for NEWMAP, which serves as a guide for the present terms of reference.

The activities of Component 1 will involve civil works in specific intervention sites – that is, construction
of drainage works and/or rehabilitation of gullies. This could result in the acquisition of land or
displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 –
Involuntary Resettlement.

1.2       Purpose of the Abbreviated Resettlement Action Plan
The aim of the ARAP is to identify and assess the human impact of the proposed works at the Enugwu-
Ukwu Gully erosion Site, and to prepare an Action Plan to be implemented in coordination with the civil
works in line with World Bank Policy and Nigeria policies and laws. Experience has shown that
involuntary resettlement can cause loss of assets and source of livelihood as well as community ties
which can be essential for survival and wellbeing of the project affected persons, especially among the
poor. In extreme cases, involuntary resettlement can lead to the dissolution of families,
impoverishment and health problems. The ARAP will identify the project affected persons (PAPs),
engage them in participatory discussions regarding the plan and formulating a plan of action to
adequately compensate people for their losses.

1.3       Justification for the preparation of an ARAP
The Policy of the World Bank is to ensure that persons involuntarily resettled caused by the taking of
land in the context of a project supported by the Bank, have an opportunity to restore or improve their
level of living to at least the pre-project level. Project affected people should participate in the benefits
of the project and they should be given options regarding how they restore or improve their previous
level of living. In the NEWMAP project it is not sufficient for communities to passively accept project
works and the impacts of these works. Rather they must be mobilized to contribute actively to project
design and implementation and to maintain the woks following implementation. This feature
underscores the need for accurate analysis of local social organization.

Although majority of the civil works will occur within the ROW for public facilities, involuntary
resettlement is triggered according to OP4.12 of the IDA because the impacts of the sub-projects might

                                                                                                          18
cause persons and communities to be economically worse off and may fuel crises in the project area,
which could render the project unsustainable.

The core requirement of the OP 4.12 – Involuntary Resettlement is as follows:

      ï‚·       Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative
              project designs.
      ï‚·       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
      ï‚·       Encourage community participation in planning and implementing resettlement.
      ï‚·       Provide assistance to affected people regardless of the legality of land tenure.

A Resettlement Action Plan (RAP) is prepared where major impact is anticipated, that is;

      ï‚·    if affected people will be physically displaced
      ï‚·    More than 10% of their productive assets/total land hold are lost/acquired and
      ï‚·    More than 200 people are to be directly adversely affected.

However, an ARAP is prepared where minor impacts are envisaged. That is the reverse of the
conditions stated above for a RAP. This is envisaged for the Enugwu-Ukwu gully erosion sites.

1.4       ARAP Methodology
This ARAP involves a number of coordinated approaches and action plans tailored towards addressing
the scope of work and objectives set out in the TOR. The Consultant took the following steps and
approaches:

      a) Initial meetings with Anambra State NEWMAP PMU and Engineering Design Consultants

This meeting offered the opportunity to clarify relevant issues in the terms of reference and to agree on
deliverables and timelines. The outcome of this meeting culminated in the collection of relevant
documents from project proponent, Engineering design team and other relevant bodies. These
documents include Engineering Drawings, Resettlement Policy Framework for NEWMAP,
Environmental and Social Management Framework for NEWMAP, NEWMAP Project Implementation
Manual (PIM), NEWMAP Project Appraisal Document (PAD), Nigeria Land Use Act (1978) and World
Bank guidelines and Policies on Involuntary Resettlement.

Also the consultant held several meetings with the engineering consultants (SMEC Ltd) to discuss on
the design concept. This helped in throwing more light on the approach for the proposed civil works as
well as the measures taken to minimize impact. All relevant document were collected.

      b) Literature Review


                                                                                                      19
The team duly reviewed all the relevant documents. The review exercise was helpful in understanding
the relationship and gaps in the policy frameworks of the World Bank on one hand and the country laws
and policies on involuntary displacement. Also it helped in understanding the actual design for the
intervention. From the review of the policy documents stated above, the necessary requirements for
this ARAP were ascertained.




   c) Initial/Reconnaissance Site Visit and Stakeholder Consultation

This step was important to determine the magnitude and nature of the anticipated impacts identify the
affected communities, community leaderships and associations in which potential PAPs belong. It was
also used to consult with the stakeholder whose assistances and cooperation is expected to ensure
sustainable project implementation.

   d) Engagement of field officers/enumerators

Enumerators were selected from the consultant’s office and this selection was based on field
experience.

The field officers were trained on the use of the survey instruments and on the nature of the policy
guidelines that underlay the project. This was undertaken with mock exercise carried out to test their
understanding and refresh their capabilities before embarking on field survey.

   e) Identification of PAPS and Affected Assets

Identification of project-affected persons (PAPs) was based on the following considerations: Owners of
assets/structures within a range of 5-10 meters set back along the corridor of the gullies as well as
Owners of assets/structures along the sections where the access road and buffer zones will be located.
Details on this are presented in Chapter Five

   f)   Consultation of Affected Communities, PAPs and MDAs

Series of consultations were undertaken in the course of the preparation of the ARAP. The consultant
engaged the Traditional Ruler (Igwe Enugwu-Ukwu), Chiefs, Nzes, Associations and Community
Development Councils leaders in the dissemination of information to the project area. The essence of
this was to inform them of the exercise and invite all stakeholders and project affected persons to a
public consultation with date, venue and time specified. Focus group consultations were also carried
out with the PAPs, Vulnerable groups and Women groups.




                                                                                                   20
2 CHAPTER TWO DESCRIPTION OF THE PROJECT ENVIRONMENT AND
  BASELINE STUDIES

2.1   Anambra State
Anambra State is located within the south-eastern zone of Nigeria with a land mass of over 4120 sq.
km. The state has a population of 4,055,048 (2006 Census). Anambra state is situated on a low
elevation on the eastern side of the River Niger and shares boundaries with Kogi, Enugu, Imo, Abia,
Delta, Rivers and Edo states.

Local Government Areas
The twenty-one (21) Local Government Areas in Anambra State are: Aguata, Anambra East, Anambra
West, Aniocha, Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili
South, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba
North, Orumba South, Oyi.
The project area is situated in Enugu-Ukwu, which is a large town in Njikoka Local Government Area of
Anambra state.




                                                                                                  21
Geology

Anambra State lies in the Anambra Basin and has about 6,000 m of sedimentary rocks. The
sedimentary rocks comprise ancient Cretaceous deltas, somewhat similar to the Niger Delta, with the
Nkporo Shale, the Mamu Formation, the Ajali sandstone and the Nsukka Formation as the main
deposits. On the surface the dominant sedimentary rocks are the Imo Shale a sequence of grey shales,
occasional clay ironstones and Sandstone beds.

The Imo Shale underlies the eastern part of the state, particularly in Ayamelum, Awka North, and
Oruma North LGAs. Next in the geological sequence, is the Ameke Formation, which includes Nanka
Sands, laid down in the Eocene. Its rock types are sandstone, calcareous shale, and limestone in thin
bands. Outcrops of the sandstone occur at various places on the higher cuesta, such as at Abagana and
Nsugbe, where they are quarried for construction purposes. Nanka sands outcrops mainly at Nanka and
Oko in Orumba North LGA.

Lignite was deposited in the Oligocene to Miocene; and it alternates with gritty clays in places.
Outcrops of lignite occur in Onitsha and Nnewi. The latest of the tour geological formations is the Benin
Formation or the coastal plain sands deposited from Miocene to pleistocene. The Benin Formation
consists of yellow and white sands. The formation underlies much of lhiala LGA. Thick deposits of
alluvium were laid down in the western parts of the state, south and north of Onitsha in the Niger and
Anambra river floodplains.

Landforms and Drainage

Anambra State falls into two main landform regions: a highland region of moderate elevation that
covers much of the state south of the Anambra River, and low plains to the west, north, and east of the


                                                                                                      22
highlands. The highland region is a low asymmetrical ridge or cuesta in the northern portion of the
Awka- Orlu Uplands, which trend roughly southeast to North West, in line with the geological
formations that underlie it. It is highest in the southeast, about 410m above mean sea-level, and
gradually decreases in height to only 33m in the northwest on the banks of the Anambra River and the
Niger.

The lower cuesta, formed by the more resistar resistant sandstone rocks of the Imo Shale, rises to only
150m above mean sea-level at Umuawulu an decreases in height northwestward to only 100m <
Achalla. Its escarpment faces the Mamu River plain and has a local relief of between 80 and 30m west of
it. This is the higher cuesta, formed by the sane stones of the Ameke Formation. Its height is above
400m in the south-east at lgbo-ukwu and lsuofii decreasing north-westward to less than 300m at
Agbana, and to only 100m at Aguleri.

Vegetation and Soils:

Three soil types can be recognised in Anambra State. They are: (i) alluvial soils, (ii) hydromorphic soils,
and (iii) ferallitic soils. The alluvial soils are pale brown loamy soils. They are found in the tow plain
south of Onitsha in Ogbaru and in the Niger Anambra low plain north of Onitsha. They differ from the
hydromorphic soils in being relatively immature, having no well-developed horizons.

Ecological Issue:

Some of the major ecological issues encountered in Anambra mostly includes; flooding and erosion.
The erosion issues have exacerbated overtime due to the extensive forest clearing, often by bush
burning, and continuous cropping with little or no replenishment of soil nutrients. This further resulted
in the disruption of the ecological equilibrium of the natural forest ecosystem. Such a situation in a
region of loosely consolidated friable soils is prone to erosion, giving rise to extensive gully formation
typical to the one experience in Enugu-Ukwu village and several other communities in Anambra State.

2.2   Overview of Enugwu-Ukwu

Enugwu-Ukwu (or Enugu Ukwu) is a larger town in Anambra State, Nigeria. Basically, Enugwu-Ukwu
town is geographically situated on a hilly terrain; thus it is named after its geographical topography.
Enugwu-Ukwu in Igbo literally means: "on top of a high hill". It is predominantly occupied by the Igbo
ethnic group of Anambra State. Most of its inhabitants are Christians (majorly Roman Catholics).

It is located in Njikoka Local Government Area of Anambra State. Major villages that make up the town
include Uruokwe, Urunebo, Enu-Avomimi, Adagbe-Avomini, Umu-Atulu, Urualor, Akiyi, Avomimi,
Awovu, Enuagu, Ire, Orji, Orofia, Osili, Umuakwu, Umuatulu, Umuatuora, Umuokpaleri, Uruekwo,
Urukpaleke, and Uruogbo. Enugwu-Ukwu is surrounded by neighbouring towns comprising Nawfia,
Nise, Agukwu-Nri, Nimo, Abagana and Enugwu-Agidi. The estimated population as at 2009 is 448,000
(NPC).


                                                                                                        23
The traditional authority adopts the kingship title of Eze Enugwu-Ukwu na Igwe Umunri. The
immediate past traditional ruler of the town was His Majesty, Igwe Osita Agwuna III. The current
traditional ruler is His Majesty, Igwe Ralph Obumnemeh Ekpeh (Okpalanakana-Ukabia Nri IV)

Erosion and Watershed Issues: The main ecological hazards in the area are accelerated gully erosion
and flooding. Poor drainage and town planning in a region of loosely consolidated and easily eroded
soils is prone to serious erosion, giving rise to extensive gully formation. This as well as the topography
of the area is the main cause of the erosion menace in Enugwu-Ukwu. The area is located down the
slope of the hill and this results in surface run-off from towns uphill flowing through the community.

2.3   Overview of the Project Area
The project area cuts across two (2) major communities in Enugwu-ukwu. The larger section in
Urunnebo community have separated Umuajana and Umunwankwo Villages while the other section falls
in Umuorji village in Avomimi Community of Enugwu-Ukwu. Land ownership system in the community
is based mainly on inheritance.
The gully system have continued to expand with the rains. The slope of the gully area, the
characteristics of the incipient soil, man-made interferences, unguided run-off flow as well as poorly
terminated drainage systems are the combined causes of the problem. This has resulted to destruction
of infrastructure and negatively impacted on agricultural activities as well as reduction of land
suitability for other applications. Some families have been displaced as a result of the menace.
The Main Gully head originate around coordinates N06.16569° E007.01813°. Field investigation
revealed that the gully begins from Eziemenike culvert, near the Eke market running downstream. The
Left finger gully head originating from around Ufom’s compound and joins the Main gully just behind
Chief Tony Okeke’s residence. Both continues to form a confluence at the Ebenebe tree (N06.16179°
E007.01788°).




Figure 2 A Section of the Gully
The Right Finger gully originates from the Eziegbo culvert (N06.16489° E007.01489°) and runs
downstream through the back of St Francis Catholic Church while the Right Finger Gully-1 originates

                                                                                                        24
from around Gosiora’s Compound (N06.16294° E007.01716°) running south west to join the Right
Finger gully. Both progress downstream meet the Main Gully at the Ebenebe tree (N06.16179°
E007.01788°) and then continues as the Main gully downstream towards the FADAMA III area up to
Ngene Lake.




Figure 3 The Gully Showing part of an affected building
Members of the community are presently carrying out some palliative measure (use of concrete
structures and sand bags) to mitigate the impact of the gullies at different sections. This gully-system if
not checked will result to a major disaster in the communities.
The NEWMAP intends to rehabilitate the erosion gully site and reduce longer-tern erosion vulnerability
in the targeted areas. This activity will be employed through some civil works such as construction of
infrastructure and stabilization of the gully. A Feasibility study report and an Engineering design report
has already been prepared for the erosion gully intervention, which highlights the detailed civil works
that will be carried out.
The rehabilitation works will trigger some of the World Bank Safeguard Policies including
Environmental Assessment OP 4.01; Natural Habitats OP 4.04; Physical and Cultural Resources OP 4.11
and Involuntary Resettlement OP 4.12.

2.4     Baseline Information

This section gives a general description of the Physical, biological and socio-economic environment of
the project area.

2.4.1    Physical Environment


Climate
The climate is characteristically of the Equatorial type found in South-Eastern Nigeria, especially warm
and humid. This is a resultant effect of its prevailing seasonal wind, nearness to the sea coast and the
relatively flat topography of the environment. A humid Tropical Maritime (mT) from across the Atlantic
Ocean in the south dominates the region in the longer wet season (April to October). A drier Tropical


                                                                                                        25
Continental (cT) air mass blowing from the northeast direction controls the climate and meteorology of
the area during the dry season (November to March). Around December, it culminates into a very
hungry (i.e. dry) and foggy harmattan wind as it blows right from across the continental region of the
West African sub-region.

Most of the original Rain forest in the project community has been lost due to clearing for farming and
human settlement. A few examples of the original rain forest remains at places like the Ngene
Nnevoaka shrine.




 Figure 4 Entrance into the Ngene nnevoaka shrine




Temperature
Air temperature has seasonal and diurnal variations. On the average, the ambient maximum air
temperature in the area varies from 28.00C to 37.50C while the minimum temperature varies from about
220C to 270C. Lowest values are recorded in the month of July through August. This coincides with the
peak of the rainy season. The diurnal range is kept at a low 40C. The temperature of the area is
influenced primarily by the apparent movement of the sun, wind direction and speed as well as land
configuration (NIMET).

  40
  35
  30
  25
  20
  15
  10
   5
   0




                    2011   2012    2013   2014   2015                                               26
Figure 5 Ambient Temperature of Project Area (NIMET)

Rainfall
The climate is tropical with two distinct seasons, the rainy season and the dry season. The rainy season
begins around the first of April and continues into October while the dry season runs from November to
March. Rainfall reaches its highest monthly maximum of 300 – 400mm during the month of June
through September and drops to 0.0-1.0mm in December and January. During the rainy season, a
marked interruption in the rains occurs during August, resulting in a short dry season often referred to
as the “August break�, though for years now this has not been consistent in August due to climate
change.

               2011     2012      2013       2014      2015

 600
 500
 400
 300
 200
 100
     0




Figure 6 Rainfall Pattern of the Project Area (NIMET)

The dry season is characterized by the cold dry “Harmattan� from the Sahara Desert. During this
period, which begins in November and runs through January a dry and dust laden wind blows from the
Sahara Desert. This sometimes makes the hills obscure due to the poor visibility. The sun is also
obscured during this period by the prevailing dust haze.

Relative humidity
Relative humidity is high both day and night. It is greater than 85% at night, above 81% in the mornings
and between 60% and 75% in the evenings. Generally the drier months (December to February) have
lower values.

 9
 8
 7
 6
 5
 4
 3
 2
                                                                                                     27
 1
 0
         Jan    Feb March April May June July August Sept   Oct   Nov   Dec
Figure 7 Relative Humidity of the Project Area (NIMET)

Wind Speed
Wind speed is generally low and usually less than 3 m/s under calm conditions most of the year.
Relatively higher wind speeds may occur mainly in the afternoons inducing convective activities and
creating diffusion characteristics. Incidences of these are often associated with thunder and lightning
especially during changing seasons. Atmospheric disturbances such as line squalls and disturbance lines
often induce the variability that results in speeds higher than 5 m/s. Such increases characterize the
beginning of rainy season (March-April) and end of heavy rains (September-October), during which
storms are more frequent. The harmattan season (December to February) can give rise to occasional
high wind regimes.

Wind Direction
Wind directions are quite variable over the region. Data shows that about 60% of the winds are south-
westerlies and westerlies during the day in the wet season (NIMET). Southerlies, south easterlies and
south westerlies prevail more in the night during the period. This implies that directions are usually
more variable in the nights than in the mornings.

The winds are mostly northerlies, north easterlies and north westerlies in the dry season particularly in
the mornings. They are more of southerlies south easterlies and/or westerlies during the evenings,
indicating the fairly strong influences of the adjoining maritime oceanic air masses, contrasting land
and sea breezes as well as appreciable degree of differential heating of the two surfaces.

Geology
Two ridges or cuestas, both lying in a North-South direction, form the major topographical features of
the area. It lies on the Middle Eocene sediment of the Tertiary period called the Bende-Ameki
Formation. It constitutes the main bulk of the Eocene strata overlaying the Imo shale group. Ameki
formation consists of a series of highly fossiliferous greyish green sandy clay with calcareous
concretions and white clayey sandstone.
Nanka Sand is a lateral equivalent of the Bende-Ameki Formation. The lithology consists of fine to
coarse sandstone with abundant intercalations of calcareous shale and thin shaley limestone below,
and of loose cross-bedded white or yellow sandstone with bands of fine-grained sandstone and sandy


                                                                                                      28
clay above. The Ameki Formation is uncomfortably overlain by the Ogwashi Asaba Formation. The
contact between these two formations can be discerned by the occurrence of thin layers of lignite.



2.4.2     Biological Environment


Flora
The vegetation types encountered within the Study Area are as follows:
      -   Areas of fallow bush of varying ages
      -   Fields used for rotational subsistence farming
      -   Degraded secondary rainforest as well as statutory and communal forests

All flora habitats surveyed were found to comprise shrubs, grasses, sedges and a mixture of mature
trees and re-growing juvenile trees. Some of the crops sited during the field trip include oranges trees,
plantain plants, cassava, yam, cocoyams, mango trees, breadfruit trees, udala trees, ogbono/ugili trees
etc.
Table 1 Some common Plants found within the project community

S/NO       COMMON NAME                           BOTANICAL NAME

1.         Maize /corn                           Zea mays

2.         Cassava                               Manihot esculenta

3.         Banana                                Musa sapientum

4.         Water leaf                            Talinum triangulare

5.         Okro                                  Abelmoschus esculentus

6.         Pineapple                             Ananas comosus

7.         Guava                                 Psidium guajava

8.         Cocoyam                               Colocasia esculenta

9.         Pumpkin                               Cocurbita pepo

10.        Melon                                 Citrullus vulgaris

11.        Pepper (small)                        Capsicum annuum

12.        Mango                                 Magnifera indica

13.        Pawpaw                                Carica papaya


                                                                                                      29
14.      Bitter leaf                             Vernonia amygdalina

15       Oil Palm                                Elaeis guineensis

16       Mango                                   Mangifera indica

17       Avocado Pear                            Persea Americana

18       Plantain                                Musa paradisiaca

19       Coconut                                 Cocos nucifera




Fauna
Some wildlife found in the project area include grass cutters, monitor lizard (sighted), etc. The
community members also informed the consultant of the presence of wild dogs within the forest areas
of the community. Furthermore, goat, sheep, poultry and pig were some of the livestock sighted within
the project area.



Demographics
The study intends to identify and document the demographic data of the project communities such as
population, literacy level, occupation, dependency level, housing and social amenities. These data will
be useful not only in establishing the importance of the rehabilitation of the Enugwu-Ukwu Erosion site
but equally in quantifying the environmental and social impacts of the planned works which will help
determine the management plans for the said project. It will also be used in the analysis for provision of
livelihood alternative during the ARAP Implementation. More importantly, the baseline data will be
useful for monitoring and evaluating the post implementation condition of the community and by
implication the success of the project.
Anambra State is located within the southeastern zone of Nigeria with Awka as its capital. Onitsha and
Nnewi, which are listed amongst the biggest commercial cities in Africa, are in Anambra State. The
state has a landmass of over 4120 sq. km.
Enugwu-Ukwu is mostly semi-urban with some rural communities. It has an estimated population of
448,000 (NPC 2009). This is one of the oldest settlements in Igboland established at the centre of the
Nri civilization and was the cradle of Igbo civilization.
Urunnebo, the immediate project community, is one of the 18 villages that make up Enugwu-Ukwu as a
whole. Umuorji-Avomim is also another community where the erosion site transverses.

Local Economy
The people of Urunnebo are predominantly farmers, traders and artisans who engage in various forms
of arts and crafts. They also have educated elites in various professions e.g. Doctors, Lawyers,
Accountants. Bankers, Mechanical and Electrical Engineers, Musicians, Professional Drivers (including
tractor drivers) etc. The diverse vegetation and soil types in the project state encourage the practice of

                                                                                                       30
a variety of agricultural activities like crop farming, forestry, fishery and animal husbandry. Some of the
crops include maize, cassava, yam, palm produce and vegetables. Some few others are into palm oil
and Artisanship. Commercial activities vary and include mainly petty trading which can be found in all
nooks and cranny in the project area. There is an Eke market which due to development have been
converted to a daily market with several lock up stores/shops within the community.
The community also have a Micro-finance Bank and a Business Centre within the community.




Figure 8 Eke Market at Urunnebo


Land Use/Tenure
    ï‚·   While majority of the land use is for agricultural purposes others are for residential settlement,
        market places and public reserve for future development uses.
    ï‚·   A combination of traditional land ownership system and government ownership of land is
        observed in the area. However, the Urunnebo community practices the traditional land
        ownership system. Most of the land are inherited while some are either leased or bought for
        agricultural or developmental purposes.

Communal Institutions
The community has an organized system of administration which comprises the following:
    a) Urunnebo Improvement Union made up of male and female wings
    b) Age grades namely: Imi-Utaba, Ekwegbalu, Ekwutosi, Onweluego, Onweluzo, Abiriba, Udoka,
       Ekwueme, Oganiru, Igwebuike, Ifeadigo, Ofuobi and other age grades still on formative stages.

Historic and Cultural Resources
The survey has so far identified some historic and/or cultural resources in the area. This includes the
Ngene nnevoaka shrine and the Ngene ube shrine located at Urunnebo and Umuorji respectively. Other
sacred resources include Ukolo, Iyiagu Lake, and the four sacred stools of Iddi, Whum,
Emenulu and Iyansele. The communities also have village squares where issues are discussed or elders
go for relaxation.


                                                                                                        31
Figure 9 Ngene-Ube Shrine                                    Figure 10 Obu Ngene-Nnevoaka shrine
Ngene nnevoaka shrine is a place of traditional worship which is said to have been in existence before
the coming of the Europeans to Nigeria. It is the first place of worship for the people of the community
before the advent of Christianity.
Ngene nnevoaka shrine is believed to be a source of healing to the sick. People also consult it for
divination, good health, prosperity, protection of life and property. It mediates in conflict and ensures
that there is equity, peace and justice between disputing parties. Ngene nnevoaka shrine is still very
active till date. People from far and near still visit the shrine.
The Ngene Ube shrine is also another shrine located at Umuorji-Avomimi. It also mediates in conflict
and ensures that there is equity, peace and justice between disputing parties.
However, due to the coming of Christianity, the number of people who go here for worship have
reduced.
In the community, Udala tree is regarded as a sacred tree. It is believed that a woman who finds it
difficult to conceive usually goes there with cola-nuts to pray. Libation would be made on her behalf by
the Chief Priest. It is a common believe that once this libation is made, the woman would take in.
The Udala fruit is and in this community, the fruits of udala tree are not plucked. The fruits are allowed
to shed and fall to the ground on its own for people to pick and lick. In Urunnebo community, udala is
always associated with children, that’s why most often, you find children clustering around the tree.

Educational Institutions:
The Community have a Community Primary School as well as a community library (Ozom Library).

Health assessment
Field observation showed that there is a Primary Health Care Clinic available at the Community Hall.
Visit to this healthcare facility and interviews were conducted during the scoping exercise. Observation
showed that Malaria is the prevalent disease in the project area. Literature shows that children and
pregnant women are more prone to malaria (WHO, 2007). Vaccinations and maternity care are also
performed in this health facility.




                                                                                                       32
2.5     Socio-Economic Baseline Conditions of Project Affected Persons (PAPs)
The socio-economic assessment studies were aimed at examining the socioeconomic conditions of the
PAPs. This will be relevant for measuring and monitoring the progress of this RAP implementation.

2.5.1    Gender Distribution of PAPs
It was gathered from the field survey that majority of the PAPs (about 72%) are males while females are
28%. This goes to suggest that vulnerability concerns will apply as there are a good number of female
PAPs. This implies that livelihood restoration measures should be properly and thoroughly carried out
in consulting with PAPs.


                                 Gender


                                       28%

                                                                       Female
                        72%                                            Male




Figure 11 Gender Distribution of PAPs within the project area

2.5.2    Age Distribution of PAPs
As shown in figure below, PAPs are adults that range from 21 to above 61 years. The graph shows that
those between ages 51-60 years and those above 61 years constitute the dominant population of PAPs
with a combined proportion of about 74%. The least age group among PAPs belongs to those from 21-
30 and 31-40 years with a population of 3% and 4% respectively. The highest population of PAPS(48%)
were within 61years and above.




                                                                                                    33
                                      Age

                                    [PERCENTAGE]
                                       [PERCENTAGE]

                                            [PERCENTAGE]

                  [PERCENTAGE]


                                              [PERCENTAGE]




                  21-30     31-40   41-50      51-60   61 and Above


Figure 12 Age Distribution of PAPs within the project area



2.5.3   Marital status of PAPs
PAPs are predominantly married people (about 73%). Singles and widows/widowers are the other
marital status that featured among the PAPs. The significance of this result is that PAPs are majorly
men and women who are the breadwinners and help mates in their respective households.
Widows/widowers constitute 24% of the PAPs.


                             Marital Status


                           24%

                      3%                                              Married
                                                                      Single
                                         73%
                                                                      Widow




Figure 13 Marital Status of PAPs within the project area




                                                                                                  34
2.5.4    Religious practice of PAPs
All the respondents are Christians and are mostly Roman Catholics. No Muslim was among the PAPs.
However, less than 1% practice African Traditional Religion. It goes to show that cultural heritage is an
integral part of some of the PAPs even though Christianity is practiced in the community.

2.5.5    Education
Most people or PAPs have some form of education (99%). The highest number of PAPs (57%) Indicated
that their highest level of academic qualification is SSCE. There was no record of PAPs without a form
of formal education. The implication of this section to this ARAP is that majority of PAPs have the
minimum level of education that might help them in making informed decision, or participate
meaningfully in the resettlement plan meetings that is to come.

                         Education
                         57.2
    60
    50
    40
    30                                      20
           14.3
    20
                  1.5              2             5
    10
     0




                                Education

Figure 14 Educational Qualification of PAPs within the project
area

2.5.6    Average household size of PAPs
The survey shows that most of the PAPs (57%) run large households (Above 7). 20% of the PAPs have
medium sized households while 27% have families of 2-4 members. This goes to show that the level of
dependent on the Head of Household will be much and there will be a heavy burden on the family if
involuntary displacement occurs.




                                                                                                      35
                                  Family Size
                                                               Small(2-4)
                                                                 23%




   Large(Above 7)
        57%
                                                                            Medium(5-&)
                                                                               20%




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


Figure 15 Average Family Size of PAPs within the project area



2.5.7   Occupation
Project affected persons were classified into different types of occupation. Figure below shows that
majority (93%) of the PAPs in this community are self-employed with 77% engaged in trading, while
11% of the affected respondents are farmers. 7% of the PAPs are public servant, then the remaining
(5%) are artisans and engage in such businesses as welding, mason, etc.


                                 Occupation

                                         7%
                                    5%
                              11%




                                                   77%




                    Trading      Farming      Artisan     Public Servant


Figure 16 Occupation of PAPs within the project area




                                                                                                 36
2.5.8   Average Income status of PAPs
Field survey shows that dominant income groups amongst PAPs lie between ₦6,000- ₦20,000 and
₦21,000 -₦80,000 and ₦81,000-₦120,000 per Month respectively. The trend shows that about 80% of
PAPs each belong to one of these three groups. The survey also shows that about 8% fall within the
income of ₦1000- ₦5000 per month while about 12% of PAPs earn ₦120,000 or more per month.



                       Monthly Income

                       8%   12%
                 12%                                   ₦1000-5000

               28%                 40%                 ₦6000-20000
                                                       ₦21000-80000
                                                       ₦81000-120000
                                                       Above ₦120000




Figure 17 Average Monthly Income of PAPs within the project area

Average income of PAPs in the project area were measured at two levels; the overall average which
indicates an aggregation of middle and low level income earning PAPs and the low income groups with
lowest limit of N500 per day. The outcome is that on the overall aggregation, PAPs mean income is
₦4500 or $22.7 per day (for middle and low income combined) and ₦1200 or $6 per day for lower
income group.
Based on the later statistic, PAPs in the project area earn on the average, about $1818 per annum. This
figure puts PAPs in the class of middle-income economy group according to World Bank development
indicators (World Bank, 2016) Lower-middle-income and upper-middle-income economies are
separated at a GNI per capita of $4,125.
Although these results imply that PAPs can maintain reasonably, good standard of living, it is however,
not inconceivable that impacts on their sources of livelihood may have adverse impacts on their income
sustenance and standard of living, especially with the dependence on trading, farming as well as low
rate of saving culture in the less developed countries.



2.5.9   Respondents legal or title right to property
Different means of ownership of property/asset was highlighted, in which the majority (90%) are
owned by Individual while 3% are on rent and 6% are family shared properties. About (1%) own right to
the property by inheritance. None of PAPs recorded have legal right to property through certificate of
occupancy (C of O). This may be due to the fact that the site is within a rural settlement.




                                                                                                    37
                                Ownership Type
 70

 60

 50

 40

 30

 20

 10

  0
      Community owned        Family owned    Owner              Tenant

Figure 18 Asset Ownership Types among PAPs in the project area




2.5.10 Choice of assistance
Majority of the PAPs preferred support for cash grant (67%). About 10% supported Land for Land
replacement while 27% chose house in resettlement site if any.

                        CHOICE OF ASSISTANCE


                        6%



             27%                                     Cash assistance
                                                     House in resettlement site
                                                     Land for land loss
                                      67%




Figure 19 Choice of Assistance by PAPs in the Project Area




                                                                                           38
2.6   Summary of the Socio-economic Condition of the Project Area
The project location site area is an agrarian community with most of the PAPs owning their own
businesses. The informal sector, mainly petty traders are well represented within the community. Crop-
free period seldom exceeds one year. Thus the execution of this ARAP must ensure that the PAPs
agricultural resources are not taken for granted. Also some of the PAPs whose structures may be
affected reside outside the community and come in during weekends or during occasions. This should
also be considered while implementing the ARAP ensuring adequate compensation in all scenarios of
PAPs.




                                                                                                   39
3 CHAPTER THREE POLICY LEGAL AND REGULATORY FRAMEWORK

3.1       Introduction

A number of national and international environmental guidelines are applicable to the operation of the
NEWMAP. The policy and regulatory frameworks discussed in this section guided the preparation of
this ARAP.

3.2       The Resettlement Policy Framework (RPF) for the NEWMAP

The Resettlement Policy Framework (RPF) was prepared as a guide to set out the general terms
under which land acquisition/encroachment, and/or any form of involuntary displacement of
persons from the land or right of way of the project can take place, to comply with the World
Bank Operational Policy (OP 4.12 - Involuntary Resettlement).

The RPF specified that during implementation stage and following the identification of sub- projects
and sites for the developments, individual resettlement action plans should be prepared that must
be consistent with the provisions of the RPF. It also provided a generic process for the preparation of
resettlement plans.

The RPF specified that in addressing impacts, resettlement plans must include measures to ensure
that the displaced persons are:

      ï‚·    Informed about their options and rights pertaining to resettlement;
      ï‚·    Consulted on, offered choices among, and provided with technically and economically
           feasible resettlement alternatives;
      ï‚·    Provided prompt and effective compensation at full replacement cost for losses of assets and
           access attributable to the project;
      ï‚·    Enabled to restore and preferably improve their living standards compared to the pre-
           project Condition.

In the overall, a major objective of the RPF was to ensure that PAPs are meaningfully consulted,
participated in the planning process and are adequately compensated to the extent that at least
their pre-displacement incomes have been restored and in a fair and transparent process.

The RPF specified that occupants who must be displaced will be moved at minimum cost and at
short distance as possible. It also states that occupants who must be moved will be assisted
physically by inclusion of preparatory site work in the works programme of the contractor and/or by

                                                                                                     40
payments to move shops and items of livelihoods to alternative locations. It also recommended the
setting up of a dispute resolution mechanism that will address complaints and grievances that may
emanate from the resettlement or compensation process.

The preparation of this Resettlement plan is consistent with the guidelines and recommendations of
the RPF of NEWMAP, which is also found to be in agreement with the guidelines of the World Bank
OP 4.12.

3.3     Relevant Nigeria Acts and Legislations

3.3.1    Land Use Act of 1978 and Resettlement Procedures

The Land Use Act, Cap 202, 1990 Laws of the Federation of Nigeria is the applicable law regarding
ownership, transfer, acquisition and all such dealings on Land. The provisions of the Act vest every
Parcel of Land in every State of the Federation in the Executive Governor of the State. He holds such
parcel of land in trust for the people and government of the State. The Act categorized the land in
a state to urban and non-urban or local areas. The administration of the urban land is vested in the
Governor, while the latter is vested in the Local Government Councils. At any rate, all lands
irrespective of the category belongs to the State while individuals only enjoy a right of occupancy as
contained in the certificate of occupancy, or where the grants are “deemed�.

Thus the Land Use Act is the key legislation that has direct relevance to resettlement and
compensation in Nigeria. Relevant Sections of these laws with respect to land ownership and property
rights, resettlement and compensation are summarized in this section.

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

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

Requirements of the Land Use Act

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

In addition, each State is required to set up a Land Allocation Advisory Committee, to advise the Local
Government on matters related to the management of land. The holder or occupier of such


                                                                                                     41
revoked land is to be entitled to the value of the unexhausted development as at the date of
revocation. (Section 6) (5). Where land subject to customary right of Occupancy and used for
agricultural purposes is revoked under the Land Use Act, the local government can allocate alternative
land for the same purpose (section 6) (6).

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

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

anything of any quality permanently attached to the land directly resulting from the expenditure of
capital or labour by any occupier or any person acting on his behalf, and increasing the productive
capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or trees,
fencing walls, roads and irrigation or reclamation works, but does not include the result of ordinary
cultivation other than growing produce.

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

Land where there exists any physical improvement in the nature of road development services, water,
electricity, drainage, building, structure or such improvements that may enhance the value of the land for
industrial, agricultural or residential purposes.

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

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

Again the Act provides in section 30 that where there arises any dispute as to the amount of
compensation calculated in accordance with the provisions of section 29, such dispute shall be
referred to the appropriate Land Use and Allocation Committee. It is clear from section

47 (2) of the Act that no further appeal will lie from the decision of such a committee. If this is so, then
the provision is not only retrospective but also conflicts with the fundamental principle of natural
justice, which requires that a person shall not be a judge in his own cause. The Act must, in
making this provision, have proceeded on the basis that the committee is a distinct body quite
different from the Governor or the Local Government. It is submitted, however, that it will be difficult
to persuade the public that this is so since the members of the committee are all appointees of the

                                                                                                          42
Governor.

Where a right of occupancy is revoked for public purposes within the state of the Federation; or
on the ground of requirement of the land for the extraction of building materials, the quantum of
compensation shall be as follows:

    ï‚·   In respect of the land, an amount equal to the rent, if any, paid by the occupier during the year in
        which the right of occupancy was revoked.
    ï‚·   in respect of the building, installation or improvements therein, for the amount of the
        replacement cost of the building, installation or improvements to be assessed on the basis of
        prescribed method of assessment as determined by the appropriate officer less any depreciation,
        together with interest at the bank rate for delayed payment of compensation. With regards to
        reclamation works, the quantum of compensation is such cost as may be substantiated by
        documentary evidence and proof to the satisfaction of the appropriate officer.
    ï‚·   in respect of crops on land, the quantum of compensation is an amount equal to the value
        as prescribed and determined by the appropriate officer.

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

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


Specifically, the National Agricultural Policy of 1988 in which the Forestry Policy is subsumed, provides
for:


    ï‚·   Consolidation and expansion of the forest estate in Nigeria and its management for sustained
        yield.
    ï‚·   Regeneration of the forests at rates higher than exploitation.
    ï‚·   Conservation and protection of the environment viz: forest, soil, water, flora, fauna and the
        protection of the forest resources from fires, cattle grazers and illegal encroachment.


                                                                                                          43
      ï‚·     Development of Forestry industry through the harvesting and utilization of timber, its
            derivatives and the reduction of wastes.
      ï‚·     Wildlife conservation, management and development through the creation and effective
            management of national parks, game reserves, tourist and recreational facilities, etc.



3.4        State Legislations

The relevant state ministry is the Anambra State Ministry of Lands and Urban Planning. Principally the
functions of the Ministry are to provide the following services in line with the laws governing its
establishment:
      a. Acquisition of land and layouts on behalf of the Government.
      b. Land schedules, including processing of Certificates of Occupancy, Mortgages, Assignment,
         Leases, Subleases, etc.
      c. Payment of compensation to land owners in cases of land acquisition
      d. Conduct of layout designs
      e. Conduct of perimeter survey of layouts after land acquisition
      f.    Identification of land for possible acquisition
      g. All revision of numbers to plots on State land
      h. Review and approval of community layouts
      i.    Conduct of surveys with respect to state lands
      j.    Approval of survey plans for non-state lands for purposes of registration with the lands registry
      k. Carrying out surveys for individuals with respect to non-Government land
      l.    Approving permits for:
                (i)     Buildings
                (ii)    Filing stations
                (iii)   Private/Community layouts;
                (iv)    Erection of telecommunication masts
      m. Enforcement of Town and Urban Planning Law and regulations made pursuant
         thereto, including demolition of illegal and unauthorised structures
      n. Collection of land related fees and charges on behalf of the Government

It gives advices to the government on land tenure issues, and also manages government land
and properties. The Ministry is also tasked with administrative rights to land use decree, urban
development, city and town rejuvenation.




                                                                                                           44
3.5     International Guidelines

International Development Partners/Agencies such as World Bank and other financial organizations
interested in development projects recognize this highly especially in development that result in
involuntary resettlement. It is against this background that policies and guidelines have been set for
managing such issues.

The World Bank’s policy on involuntary resettlement will be applied in any sub-project of the
NEWMAP that displaces people from land or productive resources due to land take. Where there is
conflict between national legislation and World Bank Operational Policies, the latter policies shall
prevail.

3.6     The World Bank Policy on Involuntary Resettlement (OP. 4.12) and the ARAP
        for Enugwu-Ukwu Gully Erosion site

The Bank’s policy on Involuntary Resettlement advocates that where feasible, involuntary
resettlement should be avoided or minimized. Resettlement shall be conceived and executed as a
sustainable development program, where it is inevitable, providing sufficient investment resources to
enable persons displaced by the project share in project benefit.

Persons displaced shall be:

  i.     Duly consulted and should have opportunity to participate in the planning and execution of
         the resettlement;
  ii.    Compensated for their losses at full replacement cost prior to civil works;
 iii.    Assisted with the move and supported during the transitional period in the resettlement
         site;
 iv.     Assisted in their effort to improve their former living standards, income earning capacity
         and production levels or at least to restore them
For the Enugwu-Ukwu gully erosion site rehabilitation, which will also involve civil works, the World
Bank required the preparation of an Abbreviated Resettlement Action Plan, which will guide in the
execution of a sustainable resettlement or compensation process for all the PAPs.
An ARAP is deemed best fit because it is envisaged that the Project Affected Persons (PAPs) will be less
than 200 persons and/or level of income loss will be less than 10%.

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

In this section a comparison is made between the World Bank policies (OP4.12) and the Nigerian
Land Use Act. Whereas the law relating to land administration in Nigeria is wide and varied,
entitlements for payment of compensation are essentially based on right of ownership. The Bank’s
OP4.12 is fundamentally different from this and states that affected persons are entitled to some
form of compensation whether or not they have legal title if they occupy the land by an announced
cut -off date.

The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation
should be given to PAPs in the event of land acquisition and displacement of persons prior to the

                                                                                                     45
commencement of works. Thus all land to be acquired by the government for this project will be so
acquired subject to the Laws of Nigeria and the Bank OP4.12.


Table 2 Comparison of Nigerian land Use Act and World Bank OP4.12 on compensation


S/N      Category of PAPS           Nigerian Law                       World Bank OP/4.12

1        Land Owners- statutory     Cash compensation based upon       Recommends land-for-land compensation.           Other
         rights                     market value.                      compensation is at replacement cost.

2        Land Owner- customary      Cash compensation for land full    Equivalent value. If not, cash at replacement value,
         rights                     improvements; compensation         including kind transfer costs
                                    with other village/district land

3        Land Tenants               Entitled to compensation based     Are entitled to some form of compensation whatever
                                    upon the amount of rights they     the legal recognition of their occupancy.
                                    hold upon land.

4        Land Users                 Not entitled to compensation       Entitled to compensation for crops, may be entitled to
                                    for   land,     entitled  to       replacement of land and income shall be restored to
                                    compensation for crops.            pre-project levels at least.

5        Owners     of      “Non-   Cash compensation based on         Entitled to in-kind compensation or cash compensation
         permanent� Buildings       market value.                      at full replacement cost including labor and relocation
                                                                       expenses, prior to displacement.

6        Owners of “Permanent�      Cash Compensation is based         Entitled to in-kind compensation or cash compensation
         buildings                  on market value.                   at full replacement cost including          labour and
                                                                       relocation expenses, prior to displacement.


This ARAP will be aligned with the World Bank Operational Policies including Involuntary Resettlement
Policy which indicate best practices for rehabilitation of livelihoods of people affected by the
implementation of the project. This is so because they are involved in the funding of the project and
also because their respective policies most fulfil the pro-poor objectives of the project, ensuring that
the conditions of PAPs are preferably improved and at least restored to pre displacement levels as well
as offers special considerations for vulnerable and landless PAP.

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

Review of the different policy guidelines of the World Bank (OP/BP 4.12) shows that primarily,
the World Bank agree that PAPs be compensated or assisted irrespective of legal status of PAPs to
the land/or place they occupy. The key concern articulated in this policy is to ensure that PAPs are
compensated or assisted including income restoration measures to ensure that they are not
economically worse off relative to pre-project period.

However, in the event of divergence between the two, the World Bank safeguard policy shall take
precedence over Nigeria Land Use Act.


                                                                                                                      46
4 CHAPTER FOUR IDENTIFICATION OF PROJECT IMPACTS AND
  PROJECT AFFECTED PERSONS
Chapter 1 of this report provides the methodology employed for impacts and PAPs identification, which
included census/inventory survey and consultation with the PAPs. Consultation with the project
community and PAPs started during the preliminary visit in April 2016.

The inventory taken showed that land acquisition will occur for 2 (Two) of the PAPs as a result of the
project. A Zinc building used for traditional worship will be impacted which falls within the 10 meter
setback within the corridor of the Main gully. This happens to be the only Land owned by the PAP. Also
a family burial site belonging to the Iwotor Family will also be impacted.

Crops planted on farmlands and associated economic trees were observed as important features that
would be affected in the event of the proposed work along the corridor of the gullies. It was also
observed that crops planted within the ROW of the drainages as well as encroachment of structures
and fences are other categories of impacts by the proposed work.




                                                                                                   47
Figure 21 Impacted Property                                Figure 20 Ezenwani Shrine


4.1       Impact Reduction Measures Undertaken
The following are technical steps taken by the Anambra State NEWMAP PMU which have resulted in
the reduction of adverse impacts of the project:
      ï‚·    The engineering design for the intervention using gabion retaining walls and interlocked blocks
           over filtered materials at critical areas near the gully corridor (especially close to structures) was
           employed. This will help retain the existing structure thereby preventing possible demolition of
           the structure. Also geotextile was also employed in some areas.
      ï‚·    The setback for access and buffer on the corridor was made known to the stakeholders to be 10
           meters and that in the event of work in such locations all affected properties are to be removed
           by their owners to give the required right of way for the work.
      ï‚·    Consulting/communicating with the people of the project area and PAPs in particular on the
           day and time to expect civil work activities within their respective location. This will give the
           PAPs opportunity to harvest mature crops before the beginning of civil works.
In spite of the outlined impact reduction measures above, mitigation measures have also been clearly
prepared in this document, which is in line with the World Bank policy (OP 4.12) on involuntary
resettlement to ensure that those who must suffer economic impact are restored to the pre-project
state.

4.2       Land acquisition along the corridor
As already established above, two PAPs will be displaced as a result of the rehabilitation project,
therefore Land acquisition will be required for these project affected person. Also space may be
required in the set back that will serve as camp, where equipment and materials will be stored and used.
This will be minimal and restricted to the 10m set back from the edges of the gully. Also entry points
have been provided in the design to allow access to work areas. This was discussed with the community
and owners provided suitable locations for these.
Although there are some assets within these setbacks which are mostly farm crops and economic trees,
the proposed rehabilitation will be managed to avoid or at least reduce interference with any of the
structures such as concrete fence or buildings.



                                                                                                              48
4.3   Positive Impacts of the project
The Enugwu-Ukwu Gully Erosion Rehabilitation project will have a lot of beneficial impacts on the
community. This include but not limited to termination/control of the gully erosions, reduced loss of
infrastructure (e.g. houses), reduced loss of agricultural land and productivity from soil loss caused by
surface erosion, provision of good drainage, improved sanitation. The project will also progressively
restore vegetative cover, improve environmental conditions and more humid local microclimates
resulting in increased vegetation cover for wildlife and carbon sequestration thereby improving the
environment through land stabilization measures which preserve the landscape and biodiversity.
In spite of these significant positive impacts, there are concerns for negative socio-economic impacts to
the PAPs and communities because project activities will cause loss of assets, loss of income, physical
displacement, restriction to access to source of livelihood, involuntary displacement/relocation and
impact on cultural heritage.

4.4   Negative Impact of the Project
Assets shall be displaced by the proposed intervention work. Depending on the amount of land space
needed for the work at the given locations along the corridor between 5-10m, the potential assets that
could be affected have been identified and an inventory of the assets as well as the PAPs taken and are
summarized.

4.5   Discussion of project Impacts
The affected assets include economic trees and farmlands, essentially. However some structures may
also be affected in the cause of the civil works. These have been identified as shown below;

Loss of Land: There will be Loss of land as a result of the project. This affects only 2 (two) PAPs. One of
the land (Owned by an individual) was housing a shrine and its accessory structures as well as cash
crops belonging to the same owner. The second is a family burial site located along the buffer zone near
the Main Gully.

Loss of Buildings or Structure: Due to rapid activity of the gullies, some area of land has been taken by
the erosion thereby encroaching into kiosks, extension of fences and pavements on the gully corridor.
There may be significant adverse economic impacts on PAPs in such conditions. This group of persons
might lose part of their structures and possibly income earned from them. About 76 (PAPs) were
identified in overall. This comprise of Individual, Community and Family owned crops/structures.

Loss of other Means of Livelihood (Shops/Kiosks): It was observed that one (1) person who owns a
shop within the project area near the Eke Market culvert might lose her major source of livelihood as
this structure may be removed during the civil works. This category of PAPs will be allowed to remove
materials from the structures for reuse and cash assistance given.

Loss of Economic Trees: The gully erosion cuts across the major farm lands and fallow areas of the
project communities. Farming activities have been suspended in some of these areas due to the


                                                                                                        49
emergence of the erosion. Palm trees are the dominant trees in this area with most of them within the
10 meters setback on both sides of the gully edge. Other trees include bread fruit, oil bean, oha tree,
nturukpa tree, soft wood, cocoa nut, kola nut, Udara, Avocado pear, local pear, Bamboo, ugiri, etc.
Types and quantity of these economic trees as well as the owners are outlined in the appendix.

Loss of Agricultural Resources (Crops): The major crop affected within the area is mainly Cassava.
Other crops identified include yam, spinach, pumpkin etc.

Impact on Utilities: There are no major public utilities identified within the setback along the Gully
corridor that could be affected in the course of work or that will constitute hindrance to project
activities.

Loss of access to common (community) property: Though the project transvers through community
land, no community owned assets were impacted.

Loss of Cultural Property: 2 shrines (Place of worship) were identified along the corridor namely
‘Ezenwanyi’, (care of Mrs Patricia Nwana) and ‘Obu mmuo umuajana’ (care of Chief Anthony Okeke)
which the worshippers/priests owned up to. It is worthy of note, at this point, that the World Bank OP
4.11 is triggered. These may be impacted and compensation was discussed and analysed with the PAPs.

The OP 4.11 provides for physical cultural resources management plan that measures to avoid or
mitigate any adverse impacts on physical cultural resources management of chance finds, any
necessary measures for strengthening institutional capacity for the management of physical cultural
resources a monitoring system to track the progress of these activities. This will be addressed by the
ESMP prepared for this project. Continuous consultation with traditional authorities and local
communities will be employed as part of mitigation.

Impact on Vulnerable Group: People who by their disadvantage conditions will be economically worse
impacted by project activities than others such as female headed households, persons with disability,
persons with HIV-AIDS and elderly household heads of above 60 years with dependents were
considered vulnerable. Those within this group and may be impacted are Twenty two (22) which
included eighteen (18) widows and four (4) elderly poor persons (above 60) with dependents.

Potential Relocation Areas: Two (2) buildings were identified to be directly affected during the
implementation of this project based on the established setback and design suggestions. One of the
affected persons (Mrs Patricia Nwana) requested for land for land replacement and also cash assistance
to conduct the traditional rights for relocation of the shrine (Ezenwanyi) that is domiciled in the zinc
building. The request for land is due to the fact that it was the only land owned by the PAP. The second
affected person (Mrs Josephine Nwana) requested for cash assistance as form of compensation.




                                                                                                     50
4.6   Inventory of affected assets/structures in the project area
About 76 Assets/structures will be negatively impacted due to the sub-project activities. Some of the
PAPs have one or more of their assets/structures affected. These include fences, buildings, and
agricultural products. (See Annex 1 for Complete Inventory and Census Registration of PAPs)

4.7   Census of Project Affected Persons (PAPs)
Census of PAPs was carried out based on the methodology described in Chapter 1. The outcome shows
that 76 persons will be potentially impacted/suffer socio-economic losses as a result of sub-project
activities. The census register for the ARAP describes the names of PAPs, means of
identification/contact and affected items. (Annex 1).

4.8   Analysis of Impacts and Income Restoration Measures for Vulnerable
      Group/PAPs
Twenty two (22) vulnerable persons were enumerated during the ARAP census consist of widows (18
Nos) and the elderly poor persons (above 60) with dependents (4 Nos). There was no identified
vulnerable PAP in the category of HIV-AIDS persons and child headed households. No mentally
disabled persons were identified as part of the PAPs.

The objective of income restoration measures for the vulnerable persons is to ensure that they are
reasonably assisted to overcome potential economic shock from the project, and maintain the quality
of life not less than their pre-project state because; they are at higher risk than others based on their
vulnerability disadvantage. The kind/cash assistance for vulnerable group and PAPs in general shall be
administered by the proponent through the resettlement committee or through NGOs in consultation
with the PAPs. To ensure that income restoration measures are effective all the articulated
resettlement measures will be carried out prior to the project implementation.

The income restoration plan (skill acquisition, assistance) to vulnerable PAPs shall be funded through
the amount to be set aside for administration within the resettlement budget. This fund will be set
aside by the SMEnv through its counterpart responsibility to project’s due diligence and shall preferably
be operated/administered by the resettlement committee to be appointed and supervised by the
SPMU during ARAP implementation.

4.9   Performance Indicator for Assessing Income Restoration
Performance indicators and monitoring are important in evaluating the progress and effectiveness of
the resettlement plan as well as the income restoration measures. It is the responsibility of the
monitoring and evaluation officer and/or the Safeguard Officer at the PMU to design a schedule and
budget for monitoring the implementation of the ARAP which will begin before project implementation
and continue through the life cycle of the project. The monitoring indicators, which provide the basics
for requirement of ARAP income restoration progress is discussed in details in Chapter eleven and in
annex 2.


                                                                                                      51
Positive results or improvement over the baseline conditions will be indicative of track record
consistent with the objective of resettlement plan while performances below the baseline conditions
indicate failure of the resettlement plan from meeting the desired objectives. In this case, the safeguard
officer/monitoring officer is expected to report to the SPMU early and offer ways for
improvement/modification of the restoration measures.
For successful implementation of the resettlement plan, PAPs must be given prior orientation, perhaps
during the training and enlightenment workshop and must be informed that there will be periodic
monitoring of their activities.

4.10 The Valuation methodology
Valuation of assets to be affected by the implementation of the project was conducted using a general
principle adopted in the formulation of the compensation valuation, which follows the World Bank
policy that lost income and asset will be valued at their full replacement cost such that the PAPs should
experience no net loss.
The asset valuation was conducted based on the current market prices in the project area. For some
materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the
average market price plus 2% price flexibility adjustment was used for the valuation. Below is the
outcome of the market survey carried out in April 2016 in Enugwu-Ukwu, Anambra State Nigeria.
Table 3 Market Survey from Enugwu-Ukwu

Category                              Materials                 Unit             Amount (Naira)

Structures (Building,        balcony, Wooden Windows            1 No             N 2500
Fence, Wall, Pavement)
                                      Cement                    1 bag            N 2000

                                      Wooden Doors              1 No             N 5000

                                      Corrugated iron sheet     1 m2             N 2000

                                      Zinc                      1 Bundle         N 10000

                                      Block (6�)                1 m2             N 120

                                      Block (9�)                1 m2             N 150

                                      Wood/plank                1 piece          N 400

                                      Iron rod                  1 piece          N 1450

Truck Hire within the city                                                       N 10,000

Labour cost: Mason, Carpenter, etc                              1 artisan Per N 3,500/ N 2,000
                                                                day




                                                                                                       52
Consumer prices in Nigeria increased 12.8 percent year-on-year in March of 2016, following an 11.4
percent jump in the previous month. It was the highest figure since July 2012, mainly boosted by food
prices. On a monthly basis, consumer prices went up 2.2 percent, slowing from a 1.8 percent rise in
February to a peg at 15.6% in May (Figure 21).
Based on prevailing macroeconomic variables in Nigeria which is demonstrated by an unstable
exchange rate between N200 and N400 to the Dollar in the last 12 months and the inflation situation
described above, it can be predicted that the exchange rate used in this valuation and the 2% inflation
correction item (pegging inflation at not more than 12%) assumption will be realistic over the next 12 to
15 months considering the government’s effort in stabilizing the economy.

                             Average Inflation rate
          16
          14   13.9
          12                     12.1
                      10.8                                             11.3
          10
                                          9.1                9.01
   Rate




          8                                         8.05
          6
          4
          2
          0
               2010   2011       2012     2013     2014      2015      2016
                                          Year

Figure 22 Average yearly inflation rate (CBN, 2016)




                                                                                                      53
Figure 23 Average monthly inflation rate (NBS, 2016)


The method of valuations has been communicated to and dialogued with the PAPs during
consultations as presented in the section below.

4.10.1 Valuation Method for Land Property
In line with OP4.12 of the World Bank on involuntary resettlement as stated in the entitlement matrix,
land for land entitlement is prescribed. In so doing, it is also important to take into cognizance the size
of the land and location since these two variables are determinants of value of land property.

4.10.2 Replacement Cost Method for Assets/Structures
The Traditional Replacement Cost Method, was used in estimating the value of the property/structure
and is based on the assumption that the capital value of an existing development can be equated to the
cost of reinstating the development on the same plot at the current labour, material and other
incidental costs. The estimated value represents the cost of the property as if new.
The Damage Loss Assessment Method is used in this study to determine compensation for economic
trees and agricultural products. This method states that market value of yield per tree for the current
season (agricultural season) and cost of re-planting and nursery should be used to determine the
compensation rate for the economic tree.

4.10.3 Disturbance and Other Incidental Contingencies
Affected business premises which will have to close shop or be relocated will be given compensation for
loss of business time/income and cash or in kind assistance to enable the relocation of affected
property. Only one (1) PAP was identified as eligible for this due to relocation of his shop. This has been
factored into the full compensation and details are shown in Annex 3
PAPs will be allowed to dismantle their structures and reuse them at relocated locations. In addition,
SPMU will provide supplementary assistance to affected PAPs. Rates of cost of labour and


                                                                                                        54
transportation allowances have also been built in where applicable. The current rates in the market
have been used.

4.10.4 PAPs Losing Permanent Structures-for Residential (immoveable structures)
Structures and other assets including fences, walls and pavements on the ROW of project corridor are
categorized as immoveable/permanent structures. Contractors are advised to try and avoid
demolition if possible. Where demolition of these structures cannot be avoided, census of PAPs has
been taken for resettlement/compensation.
PAPs under this category will be resettled or compensated for the value of the structure to be displaced
based on the prevailing market value of the structure in Enugwu-Ukwu. Demolition/clearing of
structures to secure the ROW will take place at least two (2) weeks to the period of implementation
after PAPs would have been compensated.

4.10.5 PAPs Losing Permanent Structures-for Business (immoveable structures)
PAPs covered in this category will be resettled or compensated for the value of the structure to be
displaced based on the prevailing market value of the structure in Enugwu-Ukwu. In addition, PAPs will
be compensated for loss of livelihood income due to loss of business income. Only One (1) PAP was
identified in this category. For PAPs relocating to alternative sites, they shall be provided with in
kind/cash assistance. Demolition/clearing of structures to secure the ROW will take place at least two
(2) weeks to the period of implementation after PAPs would have been compensated.

4.10.6 PAPs Losing Shrines or Place of Worship
PAPs covered in this category will be resettled or compensated for the value of the structure to be
displaced based on the prevailing market value of the structure in Enugwu-Ukwu. In addition, PAPs will
be compensated for loss of livelihood income due to loss of business income. For PAPs relocating to
alternative sites, they shall be provided with in kind/cash assistance. Two (2) PAPs were identified in
this category. Demolition/clearing of structures to secure the ROW will take place at least two (2) weeks
to the period of implementation after PAPs would have been compensated.

4.10.7 PAPs Losing Burial Site
PAPs covered in this category will be resettled or compensated for the value of the structure to be
displaced based on the prevailing market value of the structure in Enugwu-Ukwu. In addition, PAPs will
be compensated for loss of livelihood income due to loss of business income. For PAPs relocating to
alternative sites, they shall be provided with in kind/cash assistance. One (1) Family Burial Site
belonging to Iwotor Family was identified in this category. This has been documented in the annex.
Demolition/clearing of structures to secure the ROW will take place at least two (2) weeks to the period
of implementation after PAPs would have been compensated.

4.11 Proof of Eligibility
The resettlement committee will consider the presentation of eligibility certificate (Identification Card)
as a means of identifying eligible PAPs for entitlements. In case of lose or misplacement, other forms of
evidence as proof of eligibility will also be acceptable but limited to one or more of the following:
    •       Identification based on phone number and name and passport photograph supplied during
            the census stage

                                                                                                       55
    •       PAPs with no phone numbers will be identified by their Township or community leader so
            long as the name being used for claim is one recognized in the census register.

4.12 Duration for Civil Works
Estimation of the duration for civil works/rehabilitation completion is six (6) months. PAPs will not be
disrupted in anyway by the project until resettlement program is implemented.

4.13 Cut-Off Date
The cut-off date for being eligible for compensation and/ or resettlement assistance is May 16th 2016
which is the day the final field consultation with the PAPs was conducted. PAPs and project community
were duly informed about the significance of the cut-off date in the implementation of this ARAP
through the Local authorities.

4.14 Entitlement Matrix for the PAPs
The matrix shows specific and applicable categories of PAPs under this project and types of losses as
well as entitlement plan for PAPs. The Entitlement matrix therefore, is the basis for compensation
budget, resettlement and income restoration measures to be administered by the proponent. The
subsequent section further provides explanation of the entitlement matrix under eligibility criteria for
entitlements.


Table 4 Entitlement Matrix Table for PAPs

Type of Loss                   Entitled Person            Description of Entitlement

1. Permanent loss of land      1.1 (a)Legal owners of 1.1 (a) Land for land compensation is
                               land                   preferred priority, or Cash compensation at
1.1 Cultivable/residential
                                                      replacement value based on market rate plus
                               (b)Occupancy/Hereditar
/commercial land                                      10% compulsory acquisition surcharge as
                               y
                                                      second option
                               (c)Tenant
                                                      (b) & (c) Compensation will be paid as plus a
                                                      one- time lump sum grant for restoration of
                                                      livelihood and assistance for relocation. .

2. Damage to land (such as 2.1. (a)Legal owner/s          2. 1 (a) & (b) Restoration of land to pre-
abutting sub-project site)                                construction condition or cash compensation
                             (b) Village/s or clan/s
                                                          at prevailing rates for necessary bulldozer/
2.1. By excavation etc. from with           customary
                                                          tractor hours to restoring level and/or
borrows for earth for ownership
                                                          truckloads of earth for fill
construction.
                             2.2. (a)Legal owner/s
                                                          2.2 Provision of water course to connect
2.2 By severance of
                             (b) Village/s or clan/s      severed segment with source of water
agricultural holding
                             with           customary


                                                                                                     56
Type of Loss                 Entitled Person           Description of Entitlement

                             ownership

3. Loss of income and 3.1.Cultivator occupying 3.1. Estimated net income for each lost
livelihood                     land            cropping season, based on land record
                                               averages of crops and area planted in the
3.1. Temporary loss of
                                               previous four years
access to land for cultivation

3.2. Loss of agricultural 3.2. (a) Owner/s of crops    3.2. (a) Cash compensation for loss of
crops, and fruit and wood or trees. Includes crops     agricultural crops at current market value of
trees.                       trees     owned      by   mature crops, based on average production.
                             encroachers/squatters
3.3 Loss of income by                                  Compensation for loss of fruit trees for
agricultural tenants because (b) /tenant               average fruit production years to be
of loss of land they were                              computed at current market value.
                             3.3 Persons working on
cultivating
                             the affected lands

                                                       Compensation for loss of wood-trees at
                                                       current market value of wood (timber or
                                                       firewood, as the case may be).

                                                       3.2. (b) Partial compensation to tenants for
                                                       loss of their crops/trees as per due share or
                                                       agreement (verbal or written)

                                                       3.3 One-time lump sum grant to agricultural
                                                       tenants (permanent, short-term or long-
                                                       term agricultural labor (this will be in addition
                                                       to their shares in crop/tree compensation)

                                                       a) Tree/perennial crops: Harvesting of the
                                                       crops will be given a first priority but where
                                                       harvesting is not possible, counting of the
                                                       affected crops will be done in the presence of
                                                       the owner. Computation of the costs will be
                                                       done according to market rates

                                                       b) Annual crops: Crops will be harvested by
                                                       the owner and therefore no compensation
                                                       will be paid for crops. Where crops cannot be
                                                       harvested, compensation at the market rate
                                                       will be paid

4.   Permanent    loss   of 4.1. (a)Owners of the 4.1. (a) Cash compensation for loss of built-
                            structures whether or

                                                                                                     57
Type of Loss                    Entitled Person           Description of Entitlement

Structures                    not the land on which up structures at full replacement costs
                              the structure stands is
4.1   Residential         and                         Owners of affected structures will be allowed
                              legally occupied
commercial structures                                 to take/reuse their salvageable materials for
                                                      rebuilding/rehabilitation of structure.

                                (b) Renters               In case of relocation, transfer allowance to
                                                          cover cost of Shifting (transport plus
                                                          loading/unloading) the effects and materials
                                                          will be paid on actual cost basis or on current
                                                          market rates.

                                                          (b) One-time cash assistance equivalent to 4
                                                          months’ rent moving to alternate premise.

                                                          Transfer allowance to cover cost of shifting
                                                          (transport plus loading/unloading) personal
                                                          effects paid on actual cost basis or on current
                                                          market rates.

4.2. Cultural, Religious, and 4.2.                        4.2. Complete rehabilitation/restoration by
community           structures                            the Project; or, Cash compensation for
                               Community
/facilities School, church,                               restoring   affected    cultural/community
water channels, pathways,                                 structures and installations, to the
and       other   community                               recognized patron/custodian.
structures/installations

5. Special provision       for 5.1 Women headed 5. Needs based special assistance to be
vulnerable PAPs                households, disabled or provided either in cash or in kind.
                               elderly persons and the
5.1.Restablishing       and/or
                               landless
enhancing livelihood

5.2 Change in Livelihood for    5.2. (a) Vulnerable       5.2 (a) &(b).Restoration of livelihood
women        and       other    PAPs,      particularly   (vocational training) and subsistence
vulnerable PAPs that need       Women enrolled in a       allowance at agreed rate per day for a total of
to substitute their income      vocational    training    6 months while enrolled in a vocational
because of adverse impact       facility                  training facility

                                5.2. (b) owner/s whose
                                landholding has been
                                reduced to less than 5
                                acres

Unanticipated          adverse The Project team will deal with any unanticipated consequences of the

                                                                                                      58
Type of Loss                  Entitled Person            Description of Entitlement

impact due to project Project during and after project implementation in the light and spirit of
intervention or associated the principle of the entitlement matrix.
activity




4.15 Description of Eligibility Criteria for Defining Various Categories of PAPs
Based on the World Bank’s OP4.12, the following three criteria are recognized:
   a) Those who have formal rights to land (including customary, traditional and religious rights
      recognized under the Federal and/or State Laws of Nigeria).
   b) Those who do not have formal legal rights to land at the time of the census begins but have a
      claim to such land or assets provided that such claims are recognized through a process
      identified in this resettlement plan
   c) Those who have no recognizable legal right or claim to the land they are occupying, using or
      getting their livelihood.

Those covered under (a) and (b) above according to the guiding policy are to be provided compensation
for the land they lose, and other assistances in accordance with the policy. PAPs covered under (c)
above are to be provided resettlement assistance in lieu of compensation for the land they occupy and
other assistance, as necessary to achieve the objective of them not being economically worse off
because of the development.
Under The World Bank Policy, cash compensation is only appropriate when there is an active market in
land or housing and where such assets are actually available for purchase. Communal rights to land and
other assets are recognized. Clans, lineages and other community property have been subjected to the
same procedures as for privately held land. In such case, the traditional law of the affected community
may be taken into account.
Although all PAPs irrespective of their legal rights or not, squatters or otherwise encroaching on
land are eligible for some kind of assistance under the policies of the WB, such PAPs must be those
captured in the census. In other words, persons that encroach on land/ROW after the cut-off date will
not be entitled to any form of assistance or compensation.




                                                                                                    59
5 CHAPTER FIVE GRIEVANCE REDRESS MECHANISMS

5.1       Introduction
The likelihood of dispute is much reduced because the few affected persons due to the erosion control
project have been greatly consulted.
Nevertheless, in the event that grievances arise this redress mechanism has been prepared. Already,
the affected persons have been helped to appreciate that there are provisions for addressing any
complaints or grievances. The grievance procedure will further be made available to the affected
person through project implementation.
The major grievances that might require mitigation include:
           ï‚·   PAPs not listed;
           ï‚·   Losses not identified correctly;
           ï‚·   Inadequate assistance;
           ï‚·   Dispute about ownership;
           ï‚·   Delay in disbursement of assistance and improper distribution of assistance.

5.2       Grievances and Appeals Procedure
This grievance procedure is prepared in line with the provision of the RPF of NEWMAP. The need to
provide a forum locally to receive, hear and resolve disputes is in the best interest of all parties to
forestall the lengthy process of litigation, which could affect the progress of project. Therefore, the
setting of grievance redress committee early during RAP implementation is desirable.

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

                                                                                                    60
    •       Selecting a resolution approach.
    •       Implementing the approach.
    •       Announcing the result.
    •       Tracking and evaluating the results.
    •       Learning from the experience and communicate back to all parties involved.
    •       Preparing a timely report to management on the nature and resolution of grievances.



5.3.1   Procedure for Effective Local Resolution of Grievance
The following steps and procedures will apply in this project to ensure that grievances are settled within
PMU and /or at the level of the Grievance Redress Committee as much as possible:

    ï‚·   An accessible and affordable complaints mechanism will be in place as soon as RAP report is
        disclosed, and will enable people with claims against the process to make their complaints
    ï‚·   At the first stage, PAPs will register their complaints and grievances to the Safeguard Officer in
        PIU (contact address to be provided to PAPs).The Safeguard Officer is required to in
        consultation with the Project Coordinator provide a written response to the PAP within
        fourteen (14) calendar days of receiving the complaint.
    ï‚·   If the PAP is not satisfied with the decision of the PIU, the PAP should present the case to the
        independent Grievance Redress Committee (GRC). The GRC upon receiving the complaint
        should write to acknowledge the receipt within one week.
    ï‚·   A record should be kept for hearing concerning the complaint, as well as of the reasons for filing
        the complaint
    ï‚·   The matter so complained should be verified with the PIU
    ï‚·   Mediation efforts at the discretion of the GRC should be embarked upon within three weeks of
        receiving the complaint

Where a matter is not satisfactorily resolved at this level, the GRC should assist PAPs to seek redress
through the court of justice.

5.3.2   Court Resolution of Grievance Matters
The possibility of seeking for grievance resolution in the court may be a last resort and should be
expected, especially, where the complainant felt dissatisfied with resolution of the GRC.

The provision of the RPF of NEWMAP on this matter is that grievances concerning non-fulfilment of
contracts, levels of compensation, or seizure of assets without compensation shall be addressed to the
state local courts system of administration of justice. The court hierarchy would in ascending order
therefore, be land dispute tribunals/chiefs, followed by magistrate courts and then finally the high
courts. The high court of the state is being designated as the highest appellate court to settle
grievances.

This, admittedly, is a costly and time-consuming procedure. Nevertheless, affected persons will be
exempted from administrative and legal fees incurred pursuant to this grievance redress procedure.



                                                                                                       61
5.4       Grievance Redress Committee
The project will establish a Grievance Redress Committee (GRC). The GRC will hear complaints and
facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to
reduce litigation. This committee will be coordinated by a local NGO and shall be made up of the
following parties:
      ï‚·    NGOs
      ï‚·    Community Development Councils (CDCs)
      ï‚·    Representative of the community
      ï‚·    Representatives of associations/interest groups and,
      ï‚·    PAPs representative

It is expected that an independent body such as NGO should head the Grievance Redress Committee
(GRC) so as to give the committee credibility and trust of protecting the interest of PAPs. SMEnv,
NEWMAP or its staff would not be heading the committee since it is a party to the anticipated
grievance cases.

The NGO to be chosen must have experience in dispute resolution and must have a lawyer in its team
that will serve as the secretary of the body.

The PMU will provide the GRC with the guideline based on the provisions of this ARAP and also make
available to it contact details/register of PAPs which details their names, addresses and phone numbers
for contacting them when necessary.

PAPs shall also have the option of contacting the GRC directly or indirectly to register their grievance by
themselves or through their local chief or leader

There will be no fees or charges required of those wishing to have a grievance or complaint heard. The
timeline for implementation of the grievance resolutions shall be at most 15 days from the last day
allowable for grievance and complaints submission following the end of RAP disclosure.

The functions of the Grievance Redress Committee include:

      ï‚·    Provide support to PAPs on problems arising from loss of private properties and business area.
      ï‚·    Record the grievance of the PAPs, categorize and prioritize the grievances that need to be
           resolved by the committee; and
      ï‚·    Report to the aggrieved parties about the developments regarding their grievances and the
           decision of the project authorities

The committee will suggest corrective measures at the field level itself and fix responsibilities for
implementation of its decisions. In terms of implementation, all efforts will be made to first resolve the
issue faced by PAPs at the field level.
The grievance procedure should be simple, administered as far as possible at the local and state levels
to facilitate access, flexible and open to various proofs taking into consideration the fact that many
people are illiterate requiring a speedy, just and fair resolution of their grievances. However, when
matters could not be resolved at this level, there is need for the grieved to seek redress in the court



                                                                                                        62
5.5        Expectation When Grievances Arise
When local people present a grievance, they expect to be heard and taken seriously. Therefore, the
SPMU and others such as the engineers involved in one aspect of the project or other must convince
people that they can voice grievances and work to resolve them without retaliation.
It should be understood that all or any of the following is or are expected from the project
management/channel of grievance resolution by the local people:
      •        acknowledgement of their problem,
      •        an honest response to questions/issues brought forward,
      •        an apology, adequate compensation,
      •        modification of the conduct that caused the grievance and some other fair remedies

5.6        Management of Reported Grievances
      a)       The procedure for managing grievances should be as follows:
      b)       The affected person file his/ her grievance, relating to any issue associated with the
               resettlement process or compensation, in writing or phone to the project Resettlement and
               Compensation committee (Phone numbers will be provided by the SPMU). Where it is
               written, the grievance note should be signed and dated by the aggrieved person. And
               where it is phone, the receiver should document every details.
      c)       A selected member of the Site Committee will act as the Project Liaison Officer who will be
               the direct liaison with PAPs in collaboration with an independent agency/SFNGO person
               ensure to objectivity in the grievance process.
      d)       Where the affected person is unable to write, the local Project Liaison Officer will write the
               note on the aggrieved person’s behalf.
      e)       Any informal grievances will also be documented




                                                                                                          63
5.7    Grievance Log and Response Time
The process of grievance redress will start with registration of the grievance/s to be addressed, for
reference purposes and to enable progress updates of the cases. Thus the person affected by the
project will file a Grievance Form with the Grievance Redress Committee. The Form (See table 5) should
contain a record of the person responsible for an individual complaint, and records dates for the date
the complaint was reported; date the Grievance Log was uploaded onto the project database; date
information on proposed corrective action sent to complainant (if appropriate), the date the complaint
was closed out and the date response was sent to complainant.
The Project Liaison officer working with the local Government Desk Officer in recording all grievances
will ensure that each complaint has an individual reference number, and is appropriately tracked and
recorded actions are completed.
The response time will depend on the issue to be addressed but it should be addressed with efficiency.
The Grievance committee will act on it within 10 working days of receipt of grievances. If no amicable
solution is reached, or the affected person does not receive a response within 15 working days, the
affected person can appeal to a designated office in the SPMU, which should act on the grievance
within 15 working days of its filing.


Table 5 A typical Reporting format for Grievance Redress
  Community                       Type of Grievance                                              Grievance Resolution
project & Name
                                                                   awarded are not




                                                                                                                                   Case referred to
of Complainant
                                                 not paid before
                                  Compensation




                                                 Compensation
                 about impacts




                                                                                                         Date received
                                                                    Resettlement
                  not informed
                  Affected, but


                  and options




                                   inadequate




                                                   acquisition
                                   awarded is




                                                                                             complaint




                                                                                                                                     the Court
                                                                      provided




                                                                                                                         Pending
                                                                      benefits




                                                                                              Date of
                                                      assets




                                                                                     other




                                                 Community Project 1

Complainant A

Complainant B

Complainant C

                                                 Community Project 2

Complainant D




                                                                                                                                        64
Complainant E

   TOTAL




5.8       Monitoring Complaints
The Project Liaison Officer will be responsible for:
           ï‚·   providing the grievance Committee with a weekly report detailing the number and status of
               complaints
           ï‚·   any outstanding issues to be addressed
           ï‚·   monthly reports, including analysis of the type of complaints, levels of complaints, actions
               to reduce complaints and initiator of such action.

5.9 World Bank Group (WBG) Grievance Redress Service

The Grievance Redress Service (GRS) ensures that complaints are being promptly reviewed and addressed by the
responsible units in the World Bank. The objective is to make the Bank more accessible for project affected
communities and to help ensure faster and better resolution of project-related complaints.

The GRS accepts complaints that are:
      ï‚·    Related to an active World Bank-supported project (IBRD or IDA)
      ï‚·    Filed by a person or community who believes they have been or may be adversely affected by a
           World Bank-Financed project
      ï‚·    Filed by a bidder or potential bidder about the procurement process on a World Bank-financed
           contract. These complaints will be processed in line with Bank Procedure (BP) 11.00 (Annex D)
           and will not follow the GRS procedures. The identity of the complainant will be kept
           confidential if requested, but anonymous complaints will not be accepted.

How to file a complaint?
      ï‚·    Complaints must be in writing and addressed to the World Bank Grievance Redress Service
           (GRS).
      ï‚·    Complaints will be accepted by email, fax, letter, and by hand delivery to the GRS at the World
           Bank Headquarters in Washington or World Bank Country Offices

Program affected community/ individuals may also submit their complaint to the WBG‘s independent
Inspection Panel which determines whether harm occurred, or could occur, as a result of WBG non-
compliance with its policies and procedures. Complaints may be submitted at any time after concerns
have been brought directly to the WBG‘s attention, and WBG Management has been given an
opportunity to respond.




                                                                                                         65
6 CHAPTER SIX STAKEHOLDERS’/FOCUS GROUP ENGAGEMENT

6.1   Introduction
Public consultation and participation are essential because they afford PAPs the opportunity to
contribute to both the design and implementation of the project activities and reduce the likelihood for
conflicts.
The consultation process will ensure that all those identified as stakeholders are consulted. Information
about the project was shared with the stakeholders, to enable meaningful contribution, and enhance
the success of the project
The public consultation strategy for the ARAP activities evolved around the provision of a full
opportunity for involvement for all stakeholders, especially the PAPs. Concerns raised by the
stakeholders are documented and incorporated in this report and used to develop mitigation and/or
enhancement measures for the GRM.
The stakeholders were informed of the visits through the existing communication line between the
SPMU and the communities. The Community leaders through the use of town criers, church
announcements and phone calls, informed the rest of the community of the proposed meetings.
The identified groups includes:
        ï‚·   Anambra State NEWMAP SPMU
        ï‚·   Traditional Leader of Enugwu-Ukwu
        ï‚·   Title holders (Chiefs, Nze and Ozos) Elders
        ï‚·   President General of Urunnebo Community
        ï‚·   Youth group Executives of Urunnebo and Avomimi
        ï‚·   Women group Executives of Urunnebo and Avomimi
        ï‚·   Town Union Executives of the communities
        ï‚·   Project Affected Persons
        ï‚·   People living or owning assets along the corridors of the gullies

                                                                                                      66
6.2     Advocacy Visit
The advocacy visit meeting was held on 3rd May 2016 at the palace of His Royal Highness Igwe Raphael
Ikpa (Igwe Enugwu-Ukwu na Umunri) who is the apex authority of the community. A second Advocacy
visit was held on the same day at the Obu ozom hall with the Association Executives, Youth executives
and women group executives.
The advocacy visit was held to introduce the ESMP and ARAP sub-projects to the stakeholders and
seek their consent and opinion on the exercise. The visit was also scheduled to gain a better
understanding of the project environment, social structure and existing livelihood activities of the area.
This meeting was also scheduled to allow the authorities select a suitable date for a larger stakeholder’s
consultation including venue and time for the town hall meeting. This will give the community well
enough time to disseminate the information to all relevant stakeholders.
The Traditional Ruler, HRH Igwe Raphael Ikpa expressed happiness over the visit and assured the
consultant and the SPMU that the community will give them the needed support to ensure a successful
study. He further buttressed the need for the project to be commenced on time so as to arrest the
erosion menace.
CONCERNS
      1. How can the people be informed about the project as it is important for the community to be
         aware of the project?
Ans: A Focal NGO has been engaged to create awareness and community sensitization.
      2. How feasible and soon is the rehabilitation work as the community have witnessed many
         politicians that came with similar promises and are yet to commence work?
Ans: The NEWMAP project undergoes stage by stage implementation so as to satisfy the World Bank
safeguards policies. The ESMP and ARAP are critical part of the process that needs to be completed
before civil work. Hospitalia Consultaire is already on ground to start the study. This is the stage
preceding commencement of the actual work. So the people should be rest assured that the work will
soon commence.
      3. Does the scope of work cover all the erosion site in Enugu-Ukwu and have they all been
         identified?
Ans: Before now, AN-NEWMAP PMU engaged an Engineering consultant to conduct feasibility studies.
The Erosion sites have been identified however, the scope covers the ones selected and approved by
the Bank. More work is still on going to identify other sites and hopeful approval by the Bank.




Figure 25 Igwe Enugwu Ukwu and Cabinet                                                         67
                                                      Figure 26 Consultant and SPMU Teams during
during Advocacy meeting                               the Advocacy visit
Figure 27 Dr Obi Anyadiegwu addressing the          Figure 28 The Livelihood Officer during the
Igwe                                                Advocacy visit with the Stakeholders

The traditional Prime Minister (Onowo) assured the stakeholders that the community will play her part
for effective project implementation. HRH expressed worries over the watershed problems ravaging
across the communities and pleaded that the work should cover all the erosion sites within the
community.
The consultant requested the community to come out enmass during the public consultation so as to
express their concerns and ideas. He also stated that the Project Affected Persons (PAPs) should be on
ground during census exercise to enable the consultant carry out an effective study.



6.3   Town Hall Meetings
The meeting was carried out in two (2) stages. The first was a general meeting where all the
stakeholders and community members were given a general overview of the project, the component
and information regarding the ESMP and ARAP especially the census/inventory and other relevant
information in the RPF and TOR . The second stage meeting involved the consultant and the PAPs after
the census exercise. The meeting provided feedbacks, clarifications and responses.

During the visits, the consultant and NEWMAP representatives further explained to the stakeholders
that the proposed development would involve construction which may impact on the livelihood of
people living along the project areas. However, plan has been set up to ameliorate the envisaged
environmental and social risks. The consultant explained that the World Bank OP 4.12 is a safeguard
instruments or document that will address the envisaged impact and also provide a guidelines for the
compensation and grievance redress. They further specified the need for the community to have a buy-
in of the project as it will be their duty to sustain the intervention.


                                                                                                   68
6.3.1   The General Town Hall Meeting
This meeting was held on the 3rd of May, 2016 at the Obu Ozom hall. The essence was to enable
interested and affected parties to air their concerns (views and opinions on the proposed development)
which might have been overlooked during the scoping exercise. It also gave room for more
enlightenment on the need for the people’s collective effort in protecting the environment, A synopsis
of the views of the project affected people as well as representatives of groups (Men, Women and
Youth) in the communities through which the project traverses were incorporated in modalities on
carrying out the ARAP exercise.




 Figure 29 A Stakeholder expressing Concern         Figure 30 A Cross-section of the Women Group
 during the Town hall meeting                       at the Town Hall meeting

The meeting commenced at 10:15am at the Obu Ozom hall. The Traditional prime minister blessed and
presented the kola-nut welcoming the team of Consultant and SPMU. He on behalf of the community
expressed joy that the World Bank and the Government have remembered the plight of the people due
to the erosion problem and exude confidence on the community’s readiness to comply with consultants
engaged to execute the different components of the project.

ANS-NEWMAP Communications Officer explained the synergy between the World Bank and federal
government of Nigeria and rationale for the NEWMAP establishment. He stated that the NEWMAP is
saddled with responsibility of providing mitigation measures to areas vulnerable to erosion and
watershed challenges. He stated that the consultant is employed by NEWMAP to satisfy World Bank
safeguard requirement, which will enable it to implement the project without hitches.

He stated that the Enugwu-Ukwu Gully site have gotten approval from the World Bank but maintained
that the ESMP and ARAP remain a vital instrument before project implementation. He stressed that
agreement among the stakeholder is a critical measure for a successful project implementation. He also
said that the main aim is for the consultant to carry out census and valuation exercise for the PAP’s
property. He therefore explored the stakeholders to work in harmony with the consultant so as to avoid
crisis during/after project implementation.

The livelihood officer explained the need for the Women to be carried along in the different phases of
the project. She also listed out the livelihood services that would be considered during the ARAP



                                                                                                   69
implementation process and pleaded with the community to be truthful in their claims as crisis
resulting from false claims may slow down the project.

The Consultant in his statement, explained the World Bank safeguard policies, emphasising on O.P 4.01
and O.P 4.12. He stressed the importance of stakeholder engagement while challenging the
stakeholders to take ownership of the project. He also said that the stakeholders will help in project
security and monitoring.
He further explained the importance of project design and the setback identified by the Engineering
consultant. He then called on the PAPs to identify their affected property through evidence or witness
for proper documentation. The modalities involved in the survey, census and inventory activities was
also discussed as well as the cut- off date that will be announced in due cause and its importance.

He concluded by stating the importance of constituting a site committee and the need for the
community commitment towards the sustenance of the project as well as security of equipment and
project monitoring to enable effective project implementation.

The Focal NGO consultant, buttressed further on the rationale for the site committee and modalities
involved. He further moved on to assist the community in constituting the site committee and also the
community association committee for the community. He also stated that the project monitoring
consultant will work in line with these committees.

Concerns Raised by stakeholders

   a) If the client has engaged contractor? If yes, is it a local or foreign contractor firm?
   Response: The stakeholders were made to understand that there is a selection process for the
   contractor which will follow the World Bank guidelines, however, the contractor may choose to
   work with some of the community members as the bank encourage the use of community
   members during the civil works to improve their livelihoods.
   b) How soon will the work commence as most of the affected people are afraid to sleep for fear of
      their houses falling into the gully during the next rain.
   Response: As soon as the ESMP and ARAP documents are concluded, the next stage will be to
   advertise for the contractor that will perform the civil works after which work will start. However,
   the community should keep up with the palliative measures that they have been employing
   pending when the main work will commence.
   c) Is the cooperative association to be formed for all interested members of the community
   Response: The Association is mainly for the Project Affected Persons as part of Livelihood
   restoration program.
   d) The women leader asked if there is any special provision for the women in the project.
   Response: The Women will be fully involved in all the associations stated as the bank is highly
   gender sensitive.




                                                                                                    70
Closing Remarks: The Communications Officer implored the stakeholders to give all the necessary
assistance to the consultant so as to achieve the desired objectives. The town hall meeting was brought
to an end at 4:07pm after a closing prayer.

6.3.2   Focal Group Meeting
This meeting was held with members of the existing erosion site committee constituted by the
community to help control the menace. Also part of the meeting were the project affected persons,
community youths, hunters and representative of the community union. The purpose for this meeting
was for the consultant to get a deeper understanding of the history surrounding the erosion. Also the
consultant sought to find out the measures the community have been engaged in to help prevent or
reduce the progress of the erosion. As part of the information sought, the consultant was given a
history of the community, cultural heritage as well as leadership hierarchy. The consultant were also
assigned community members that will assist them in identifying the project affected persons as well
as locating the different fingers of the gull.




Figure 31 Some of the stakeholders with the       Figure 32 Focal Group Consultation at the
consultants during the Focal Group                community
Consultation
The women group who were also members of the Urunnebo Improvement Union, were consulted and
they expressed their joy on the intervention. However, they expressed concern that the rehabilitation
work needs to commence before rains so as to prevent further loose of their farmlands and properties.
The consultant explained to them that the document which was

Members of the youth wing of the Urunnebo Improvement Union expressed their joy towards the
development. They were

6.3.3   Feed Back Meeting
A follow up meeting was conducted on 16th of May, 2016. This marked the end of the census and
inventory exercise. The key reason of the meeting was for the consultant and PAPs to thoroughly
examine the data filled during the field work and complete the unfilled ones. The meeting was also
necessitated by the need to ensure that the communities are still in tune with the project. During this
meeting, the cut-of date was formally announced to the PAPs as well.



                                                                                                    71
The outcome of this follow-up showed that the communities have a good understanding of the project.
Passports and other necessary document were collected from the PAPs for the processing of their
Identification Cards. The PAPs were delighted and thanked the consultants for the thoroughness in
execution of their assignment and promised to be of assistance to ensure the success of the project.




 Figure 33 A Group of PAPs at the Feedback          Figure 34 One of the PAPs During the Feedback
 session                                            session




7 CHAPTER SEVEN BUDGET AND FINANCING PLAN

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



                                                                                                 72
7.2   Financing plan
SPMU is the source of this fund for the payment of the necessary compensations and mitigation
measures and overall implementation of the ARAP.
Since the Anambra State Ministry of Environment (SMEnv) are the ones impacting livelihoods, it will be
their responsibility to fund the RAP budget. It will be financed through the projects administrative and
financial management rules and manuals like any other sub-activity of the project eligible for payment
under this project.
It is expected that implementation function will rest on the SPMU, but the budget will however be
subject to the finalization of disclosure and clearance/approval by the World Bank before disbursement
or implementation can commence.
The SMEnv being responsible for funding the compensation entitlement, final approval for payments
above the limit for the Project Coordinator must be approved by the Chief Accounting Officer of the
Ministry (Commissioner).
Table 6 Summary of ARAP Budget

S/N    DESCRIPTION                                                        TOTAL
1      ARAP Compensation/Assistance Budget for 76 PAPs
       (determined)
       Land                                                               N1,780,000.00
       Crops and Agricultural Resources                                   N3,856,470.00
       Structures and cultural Resources                                  N4,764,600.00
       Sub-Total: Compensation                                            N10,401,070.00
2      Capacity Building and Training for ARAP Implementation             N4,527,819.00
3      Operating cost including income restoration measures and           N1,040,107.00
       Monitoring of RAP Implementation (10 % of ARAP
       compensation Budget)
4      Cost of engagement of consultant/NGOs for compensation             N1,500,000.00
       payment
       *TOTAL                                                             N17,468,996.00



The total budget for administering/implementing the ARAP for Rehabilitation of Enugwu-Ukwu Gully
Erosion project is Seventeen Million, Four Hundred and Sixty-Eight Thousand, Nine Hundred and
Ninety-Six Naira, (N17, 468,996.00).
This sum is expected to cover compensation of assets affected and additional mitigations for livelihood
restoration measures, coordination of additional mitigations, grievance redress and compensation
commission. In addition, 10% of this total budget has been provided for Operation cost and
contingencies such as inflation that shall be allowed and added to the current budget.




                                                                                                     73
7.3       Procedure for Delivering of Entitlements

7.3.1      Engagement of Consultant (NGO)
The SMEnv shall engage the services of a Consultant (in this case an NGO) for preparation and
management of entitlement to the PAPs. The Consultant will be responsible for facilitating the ARAP
compensation process described below.

7.4       ARAP Compensation Process
The compensation process will involve several steps in accordance with this resettlement and
compensation plan and shall include the following:
      ï‚·    Public participation: Public participation with the PAPs which had been part of the process of
           this RAP would continue even at the RAP implementation phase. Using the entire identified
           medium, PAPs would be contacted, consulted and made to participate in enlightenment
           workshop in which alternatives for income restoration and compensation will be discussed and
           agreed. During this meeting, eligible PAPs without clearance certificate for entitlement will be
           issued with certificates. This assignment will be facilitated by the Consultant that will oversee
           the RAP compensation
      ï‚·    The Consultant shall identify and work closely with Township liaison, CDCs, etc. within the
           project area to ensure that PAPs are all contacted/consulted, and necessary dossiers are
           documented from PAPs
      ï‚·    Type of choice (cash and/or in-kind) made by PAPs shall be documented. This shall be done by
           issuing PAPs with an order form to be completed and signed by PAPs. PAPs who cannot read or
           write will be assisted to do so
      ï‚·    PAPs will specify clearly within the provision in the order form their transfer instruction (for
           those receiving cash), stating their Bank Account Name, Name of Bank, Account Number and
           Sort Code.
      ï‚·    Non-Bank Account holders shall be assisted to open bank accounts. This is important due to;
                Government of Nigeria is moving towards a cashless economy which may pose difficult
                   for PAPs receiving their entitlements.
                Operating a bank account will be a plausible option to manage PAPs income
                   restoration program
                Carrying cash to the house by PAPs poses a security treat to PAP and may also lead to
                   increase poverty scenario of PAPs
      ï‚·    Notification - Dates of various activities for the resettlement program will be communicated to
           PAPs for inclusive participation.

7.5       Compensation Payment Administration
The resettlement budget details prepared in this RAP shall be the guide for the Consultant to be
engaged for RAP payment. After the processes elaborated above has been exhausted, the consultant
will prepare the payment documentation stating the Name of PAP, address, Phone number, Bank
account details and amount entitled. The submission will be made to the Project Coordinator at The
PMU.


                                                                                                         74
The Project Coordinator will verify the submission by the consultant using the RAP Budget document
as a reference. If there are errors, omissions or ambiguities, the attention of the Consultant will be
drawn for reconciliation. When fully verified, the payment mandate/report shall be sent to the
Commissioner for approval of fund and payment.
The Commissioner/chief accounting officer shall approve the payment and minute to the Project
Coordinator at the PMU who shall ensure that the payments are carried out by the accountant/finance
officer to the various PAPs banks

7.6   Resettlement Implementation Linkage to Civil Works
Before any project activity is implemented, PAPs will need to be compensated/resettled in accordance
with the entitlement matrix/budget plan established in this RAP. Alternative structures and relocation
sites where applicable should have been prepared and witnessed by State Ministry of Environment and
the community leaders/CDCs. PAPs that would not need to relocate, especially those that their
Fence/balcony/ relaxation outdoors will be impacted must be informed/given the civil work schedule
which at least provides a two weeks prior notice to PAPs before actual civil works in the area or site.
Resettlement monitoring of income restoration measures shall however be continuous throughout the
project cycle together with other project activity implementations.




                                                                                                    75
8 CHAPTER EIGHT INSTITUTIONAL ARRANGEMENTS- ROLES AND
  RESPONSIBILITIES

8.1       Introduction
This ARAP recognizes the cross-ministerial and cross-state coordination and collaboration of the many
Federal and State Ministries, Departments and Agencies (MDAs) as well as local governments and
communities involved in the NEWMAP. This brought about the development of institutional
arrangements amongst public agencies with local communities and PAPs with a view to ensuring good
project management. The implementation of this ARAP shall require close collaboration among all the
stakeholders with a properly constituted structure for administration which shall be agreed by all
parties from the onset. The roles and responsibilities of the participating parties in collaborative efforts
are well outlined.
The major institutions that are involved in this resettlement process are the Anambra State Ministry of
Environment, the World Bank, and the Community Resettlement Committee (CRC).

8.2       Institutional Arrangement
The roles and responsibilities of the institutions regarding Resettlement Implementation and
Grievance redress is summarized below.

8.2.1      The Financier

World Bank
      •    Maintains an oversight role to ensure compliance with the safeguards policies, review and
           provide clearance and approval for the ARAP.
      •    Conduct regular supervision for satisfactory ARAP implementation, fulfilment of community
           liaison and provide support role throughout the project implementation, and monitor the
           progress of the project construction.
      •    Recommend additional measures for strengthening the management framework and
           implementation performance.
      •    In case the WB considers the implementation to be not acceptable and no improvements can
           be expected, it will require that institutional capacity building measures be taken to strengthen
           the SPMU

8.2.2      Federal Level

Federal Ministry of Environment (FMEnv)
      •    Lead coordinating agency and hosts the Federal Project Management Unit (FPMU).
      •    FPMU



                                                                                                         76
Individual MDAs (State and Federal Levels)
   •    Participate deeply in the annual joint work programming process facilitated by the
        Federal/State PMU.

Federal Steering Committee
   •    Direct the FPMU in overall project coordination, alignment of project content and approach,
        and oversight of activities taking place across participating State.

Federal Project Management Unit (FPMU)
   •    Provides an oversight and advisory role in overall project management including resettlement
        planning and implementation
   •    Establishes and maintains the project management systems
   •    reinforce the State level structures
   •    Supervises through missions

8.2.3   State Level

State Steering Committees (SSCs)
   •    Apex decision-making bodies for the operation in the State.

State Technical Committees (STCs)
   •    Reviewing and updating the Joint Annual Work Program for State NEWMAP activities (each
        activity identifies a lead MDA as provided for in the work plan).
   •    Developing inter-sectoral MOUs if needed.

State Project Management Unit (SPMU)
The SPMU, as the implementing authority, headed by Project Coordinator (PC) & Authorized to take
decision on financial matters within the provided budget, has the mandate to:
   •    Develop and implement RAPs and other safeguard instruments.
   •    Drives activities of procurement, capacity building, service-provider mobilization, and
        monitoring
   •    and coordinating the many participating MDAs at State and Local Government levels.
   •    Study in detail the RAP, and based on the review of the RAP prepare a detailed action plan and
        time table for the day to day RAP implementation;
   •    Organize the necessary training and capacity building measures for the unit itself and for other
        partner organizations and committees;
   •    Establish all local level institutions and committees which will participate in the implementation
        of the RAP and provide them with the necessary training and capacity building measures;
   •    Coordinates and undertake compensation activities in accordance with the principles and
        procedures specified in the RAP
   •    Implement the income restoration and social development programs and project in accordance
        with the principles and procedures specified in the RAP;

                                                                                                       77
  •   Ensure the systematic undertaking of monitoring, review and evaluation of the RAP in
      accordance with the framework and guidelines provided in the RAP and store the data and
      information collected in a data base;
  •   Based on the findings of the monitoring and review take corrective actions and submit
      monitoring and review reports to the relevant higher bodies for timely corrective measure.
  •   Facilitate the discussion between PAPs and communities regarding compensation for land
      acquired for the projects;
  •   Implement the RAP including their involvement to redress complaints and internal monitoring.
  •   Cooperate through a Steering Committee that provides guidance to the technical aspects of all
      project activities;
  •   Maintain and manage all funds effectively and efficiently for the projects
  •   Organize the necessary orientation and training for SPMU officials so that they can carry out
      consultations with communities, support communities in carrying out RAPs and implement the
      payment of compensation and other measures (relocation and rehabilitation entitlement) to
      PAPs in a timely manner;
  •   Ensure that progress reports are submitted to the World Bank regularly

SPMU Livelihood Safeguard Officer
  •   Initiate Resettlement Action Plan (whenever the project involves displacement of homes or
      businesses) or land acquisition of any kind).
  •   Review and approve Contractor’s Implementation Plan for the social impact measures as per
      the RAP
  •   Liaise with the Contractors and the SPMU on implementation of the RAP
  •   Coordinate on behalf of SPMU day to day activities with the relevant line departments and
      oversee the implementation of RAP instrument, prepare compliance reports with statutory
      requirements, etc.
  •   Monitor and supervise regularly the implementation of RAP
  •   Observe payment of Compensation to PAPs.
  •   Identify and liaise with all relevant Stakeholders pre and post Project implementation.
  •   Sensitization of and Consultations with relevant Stakeholders during and after (where
      necessary) Project Implementation.
  •   Charged with the responsibility of safeguard requirements and ensuring the sustainability of
      project.

SPMU Engineer
  •   Provide technical support

Monitoring & Evaluation Officer/Consultant
  •   Develop the monitoring and evaluation protocol
  •   Conduct monitoring of RAP implementation activities.
  •   Provide early alert to redress any potential problems.
  •   Monitor target achievements and slippages.



                                                                                                78
NEWMAP Technical Officer
    •   Acts as a link between the SPMU and the LGA;
    •   Sits at the LGA where the site intervention is taking place.

Resettlement Implementation Committee (RIC)
To ensure a broad representation with the intent of minimizing any conflict, it is recommended that a
Resettlement Implementation Committee (RIC) be set up and members be drawn from amongst the
following:
    •   Affected Local government Chairman as Chairman
    •   Physical Planning /land officer and forester
    •   Representative of affected Communities,
    •   PAPs represented by local trade /Union leaders
    •   Coordinated by the Safeguard Unit of SPMU.
    •   Rep of the Site Committees

Their roles shall include;

    •   Carry out meeting with each PAPs.
    •   Provide all necessary information to the PAPs regarding guidance value and basis for
        calculation of prices offered.
    •   Negotiate and firm up the final consent price.
    •   Intimate the decision for payment of compensation to the PAPs
    •   Ensure the Implementation of the RAP without any conflict
    •   Ensure that the project design and specifications adequately reflect the recommendations of
        the RAP
    •   Establish dialogue with the affected persons and ensure that the concerns and suggestions are
        referred to SPMU for appropriate response and management
    •   All members of RIC must be people who are knowledgeable in the use of local mechanism to
        settle grievances and who can ensure equity across cases and also be in position to know and
        eliminate nuisance claims and satisfy legitimate claimants at low cost

Grievance Redress Committee
The grievance redress mechanism describes the procedure as well as a number of multi-layered
mechanisms to settle grievances and complaints resulting from resettlement and compensation in-
house, at local level (See chapter 6 for full details). The objective is to respond to the complaints of the
PAPs in a timely and transparent manner and to provide a mechanism to mediate conflict and cut down
on lengthy litigation, which often delays such infrastructural projects. It will also provide people
who might have objections or concerns about their assistance, a public forum to raise their objections
and through conflict resolution, address these issues adequately. The committee will provide ample
opportunity to redress complaints informally, in addition to the existing formal administrative and legal
procedures.
The major grievances that might require mitigation include:


                                                                                                         79
    •    PAPs not listed;
    •    Losses not identified correctly;
    •    Inadequate assistance;
    •    Dispute about ownership;
    •    Delay in disbursement of assistance and improper distribution of assistance.

8.2.4   Local Level

Local Government
   •    Coordinates activities at local level during the preparation and implementation of RAPs such as
        activities for determining the cut-off date and for actually implementing the resettlement, and
        for handling any grievances and complaints.
   •    Responsible for the appraisal of properties affected by the project.
   •    Provide additional resettlement area and amenities if the designated locations are not
        adequate.
   •    Engage and encourage carrying out comprehensive and practical awareness campaign for the
        proposed project, amongst the various relevant grass roots interest groups.
   •    Appoint a suitable Desk Officer for ARAP information management
   •    Participating in sensitization of all communities
   •    Participate in resolving grievances ;
   •    Monitor implementation of projects and activities of Operational Officers;
   •    Liaises with State PMU
   •    Convenes and helps mobilise affected communities within and across targeted sub-catchments
   •    Oversees community facilitators
   •    O&M oversight of works
   •    SPMU Participates in site-committees

Technical Officer in Local Government Areas
   •    Act as liaison to SPMU, MDAs and other organisations working with communities.
   •    Provide senior technical skill-set and advisory services to communities and LGAs.
   •    Convene affected and directly participating communities (liaising with neighbouring LGAs as
        needed).
   •    Closely interact with community stakeholders and the community facilitators.
   •    Support site monitoring.

8.2.5   Community Level

Community Liaison and Support Professional
   •    A liaison between the watershed community/communities and the SPMU
   •    in close contact with community members on a frequent and continuous basis,
   •    Assist in the formulation of community plans for livelihoods.
   •    Community sensitization and social mobilization.
   •    Assisting communities to form a representative Community Association.
   •    Helps the community to identify, select and implement livelihood sub-projects.

                                                                                                    80
   •   Mobilizes cooperative labour for physical works.
   •   Provides support to the community for participatory monitoring.

Site Committees/ Community Associations
   •   Project site oversight.
   •   Identifies erosion problems and helps select and monitor solutions.
   •   Selects livelihood opportunities.
   •   Oversee physical works.
   •   Participate in site monitoring.
   •   Cooperate with neighbouring communities and LGAs as needed for trans-boundary sub-
       catchments.

Community Interest Groups
   •   Coordinate community inputs to sub-catchment planning, implementation and monitoring,
       with guidance from support professionals and technical providers such as extension agents.
   •   Participating in site monitoring.
   •   Mobilise Youth and Women’s groups.

Traditional Authority
   •   Support in the identification of the right PAPs
   •   Assist in resolving grievances of PAPs
   •   Ensures that social values are not interfered with.

Project Affected Persons
   •   Receive compensation and move away from impact areas promptly
   •   Coordinate with the survey team/Resettlement Committee in carefully checking and signing off
       their affected lands and other assets as well as their entitlements;
   •   Make themselves available during census and participation in implementation;
   •   Provide feedback on improving the quality of the RAP and suggesting solutions for
   •   its effective implementation and
   •   Submit concerns through the right grievance redress channel

CBOs/CSOs
   •   Assist in resolving grievances of PAPs
   •   Support and assist in the mobilization of the various relevant grass roots interest groups.
   •   May have complaints that need to be resolved in the execution of the project with a view to
       avoiding conflicts and grievances.
   •   Serve as witness in compensation process and Monitoring and Evaluation




                                                                                                81
8.2.6   Others

Contractors
   •    Comply with relevant contract clauses on resettlement issues
   •    Establish good community relations;
   •    Train the workforce, and avoid any form of discrimination in terms of gender, religion or tribe;
   •    As much as possible employ the workforce from the project catchment area, and also make
        procurement therein;
   •    Try to provide local infrastructure and services in the course of executing the project;
   •    Ensure that workers and site staff are sensitive to the customs and way of life of the
        communities.
   •    Promptly repair any damage to utility services or infrastructure of the community in
        implementation of the project;

Ministry of Lands, Survey and Urban Planning
   •    Ensure compliance on matters of Land Acquisition and compensation and other resettlement
        issues,
   •    Verification of selected sites for resettlement and ensuring that such sites are ideally suitable
        for affected people.
   •    Invoke the physical planning and urban development law along the roads.
   •    Ensuring that the project meets with the requirements of resettlement as specified in the report
   •    Make appropriate recommendation and input in the resettlement process
   •    Ensuring that affected people are adequately compensated as stated in this report




                                                                                                      82
9 CHAPTER NINE TIME TABLE OF EVENTS

9.1   Timetable for the Resettlement Action Plan
The ARAP has to be completed and PAPs adequately compensated before operation in the designated
project area.
The timeline is only indicative since the external factors not envisaged at this period such as delay in
reviewing and addressing comments and other administrative and operational matters may cause a
delay in the project time line.
Table 7 Timetable for Completion of ARAP Implementation

S/N     Activities                                             Completion Time

                                         MAY              NOVEMBER         DECEMBER        JANUARYT
1       Submission of Draft ARAP
        Report
2       Field Verification and
        comments
3       Update of comments

4       Submission of final ARAP
        Document
5       Advertisement in two Local
        Newspaper in the Country
6       Published in the World Bank
        Info Shop
7       Commencement of ARAP
        Implementation
8       Completion of ARAP
        Implementation
9       Commencement of Civil work




                                                                                                     83
9.2      Training and Capacity Needs
Based on the assessment of the institutional capacities of the SMEnv in the understanding and
implementation of an ARAP, it is recommended that they Contract technical assistance to provide
training and operational support to SPMU and other agencies involved in the ARAP implementation.
It is necessary that the SPMU and the Grievance Redress Committee be educated on the modus
operandi of involuntary resettlement and how to manage grievance cases and also for PAPs to
understand optimal measures for livelihood restoration and the opportunities to possibly take
advantage of.


Table 8 Capacity Building schedule and cost

Duration   Item               Module                       Who to Train                Resources                  Estimated
                                                                                                                  Amount


2 Days     Involuntary        Principles of Resettlement   SPMU, LG, Contractors,      Full text of OP 4.12 for   N2,110,839
           Resettlement and   Action Plan                  Engineers,   &   relevant   each participant
           Rehabilitation                                  MDAs,          Community
                              Monitoring & Evaluation of                               PowerPoint
           Protocol                                        leaders/CBOs/NGOs/PAPs      Presentation
                              RAP/RAP Implementation
                                                                                       Associated Handouts
                              Public Involvement    and
                              Consultation in RAP


1 Day      Grievance          Conflict Management and      SPMU,     members    of     PowerPoint                 N1,370,520
           Redress            Resolution in RAP            Resettlement       and      Presentation
           Mechanism                                       Grievance       Redress
                                                                                       Associated Handouts
                                                           Committees


1 Day      Basics        of   Cash Management       and    SPMU, All the PAPs          PowerPoint                 N1,046,520
           Livelihood         Monitoring                                               Presentation
           Restoration
                              Book keeping and Record                                  Associated Handouts
                              Management

                              Investment       Decision
                              making


                                                                                   TOTAL: N4,527,819




                                                                                                                               84
10 CHAPTER TEN MONITORING AND EVALUATION

10.1 Overview
Monitoring and Evaluation are integral components of the programme/project management cycle used
at all stages of the cycle, monitoring and evaluation can help to strengthen project design, enrich
quality of interventions, improve decision-making, and enhance learning.
The key objectives of monitoring the ARAP implementation would be as follows;
   ï‚·   Transparency and accountability in terms of use of project resources
   ï‚·   Providing constant feedback on the extent to which the RAP implementation are achieving
       their goals
   ï‚·   Identifying potential problems at an early stage and proposing possible solutions
   ï‚·   Providing guidelines for the planning of future projects and,
   ï‚·   Improving project design
There will be two levels of monitoring; namely internal monitoring and external monitoring. Under
internal monitoring the Anambra State Ministry of Environment will hire a monitoring and evaluation
officer to work in the PMU while an external monitoring and evaluation officer will be engaged
periodically by SMEnv.

10.2 Internal Monitoring
The internal monitoring and evaluation officer will report to the Project Coordinator at the PMU.
Implementation of the RAP will be regularly supervised and monitored by the Monitoring and
Evaluation/ Social Officer in coordination with staff of the NEWMAP- PMU.
The findings will be recorded in quarterly reports to be furnished to the NEWMAP- PMU, and the World
Bank. Lessons learnt during implementation will be documented and disseminated so that gaps
identified can serve as valuable information for subsequent projects.

                                                                                                 85
Tasks of the Monitoring and Evaluation Officer
    ï‚·   Verify that the baseline information of all PAPs have been carried out and that the valuation of
        assets, lost or damaged, and the provision of compensation, resettlement and other
        rehabilitation entitlements has been carried out in accordance with the provisions of this policy
        framework and the respective inventory and RAP.
    ï‚·   Oversee that the RAPs are implemented as designed and approved.
    ï‚·   Verify that funds for implementing the RAPs are provided to the respective local level (district)
        in a timely manner in amounts sufficient for their purposes and that such funds are used by the
        SMEnv in accordance with the provisions of the RAP.
    ï‚·   Ensure the identification and signature/thumb print of PAPs before and during receipt of
        compensation entitlements.
    ï‚·   Record all grievances and their resolution and ensure that complaints are dealt with in a timely
        manner.

10.3 Independent Monitoring
An independent agency will be retained by the SMEnv to periodically carry out external monitoring and
evaluation of the implementation of the RAP. The independent agency will be either an academic or
research institutions, non- governmental organizations (NGO) or an independent consulting firm. They
should have qualified and experienced staff and their terms of reference acceptable to the funding
partners
In addition to verifying the information furnished in the internal supervision and monitoring reports, the
independent monitoring agency will visit a sample of 10% of the Project affected Population in the
project area, six months after the RAP has been implemented to:
    ï‚·   Determine whether the procedures for PAPs participation and delivery of compensation and
        other rehabilitation entitlements have been done in accordance with the Policy Framework and
        the respective RAP.
    ï‚·   Assess if the RAP objective or enhancement or at least restoration of living standards and
        income levels of PAPs have been met.
    ï‚·   Gather qualitative indications of the social and economic impact of project implementation on
        the PAPs.
    ï‚·   Suggest modification in the implementation procedures of the RAP, as the case may be, to
        achieve the principles and objectives of this policy framework.
The terms of reference for this task and selection of qualified agency will be prepared by the NEWMAP-
PMU in collaboration with the World Bank at the beginning of project implementation stage.

10.4 Monitoring Indicators
They include:
    ï‚·   Delivery and usage of compensation and resettlement entitlements;
    ï‚·   Allocation of replacement land and residential plots, where applicable;


                                                                                                       86
   ï‚·   Reconstruction of new houses and other infrastructure, where applicable;
   ï‚·   Compensation measures applied to compensate for damage during construction activities;
   ï‚·   Reported grievances and action taken;
   ï‚·   Problems encountered and action taken;
   ï‚·   General issues related to the success of compensation and resettlement measures.
   ï‚·   Implementation progress;
   ï‚·   Compensation and resettlement policies;
   ï‚·   Changes in livelihoods and incomes among PAPs; and,
   ï‚·   Consultation with and participation of PAPs and other Stakeholders.

10.5 Implementation Schedule
Table 10 summarizes the implementation schedule of the Resettlement Action Plan by phase,
responsibilities and completion time for the construction and rehabilitation project.
Table 9 Summary of Implementation Schedule

PROJECT CYCLE        PHASE                   ACTIVITIES                            RESPONSIBILITIES

PLANNING             Scoping and             Initial site visit & consultations.   Consultant;
                                                                                   Supervision by
                     Screening               Identification of Resettlement
                                                                                   SMEnv
                                             and Social issues
                                             Application of safeguard policies
                                             Categorization
                                             Action plan
                                             Screening Report
                                             WB No-Objection

DESIGN               Preparation         of Draft ARAP Consultations               Consultant;
                     ARAP               and                                        Supervision by
                                            WB No-Objection
                     consultations
                                                                                   SMEnv

                     Disclosure              Disclosure of ARAP locally to WB SMEnv, World Bank
                                             Info Shop.

                     Finalization and        Final version of ARAP                 Consultant;
                                                                                   Supervision by
                     Incorporation           ARAP into contract documents
                                                                                   SMEnv
                                             WB No-Objection

EXECUTION            Implementation          Implementation Monitoring             Contractors


                                                                                                    87
                  and monitoring   & reporting on environmental and Supervision by
                                   social mitigation measures
                                                                      SMEnv and the
                                   Monitoring and reporting of community
                                   Resettlement and livelihood issues

OPERATIONS                         Maintenance Monitoring and Contractors
(POST-                             reporting of Resettlement and Supervision     by
IMPEMENTATIION)                    social livelihood issues      SMEnv and      the
                                                                 Community




                                                                                88
REFERENCES
Compulsory Acquisition of Land and Compensation in Infrastructure Projects, World Bank (2012)
Environmental and Social Management Framework for the Nigeria Erosion and Watershed
Management Project, World Bank (2013)
Handbook for Preparing a Resettlement Action Plan, World Bank (2002)
Ibe, K.M, and Njemanze, G.M., (1998) The Impact of Urbanization and Protection of Water Resources
Owerri, Nigeria [online] Available from <www.hydroweb.com/jeh/jeh1998/ibe.pdf>
IFC performance Standards on Environmental and Social Sustainability, World Bank (2012)
Involuntary Resettlement Sourcebook, World Bank (2004)
Operational Manual (Safeguards on Involuntary Resettlement), World Bank (2001)
Project Appraisal Document for Nigeria Erosion and Watershed Management Project, World Bank
(2012)
Project Implementation Manual for Nigeria Erosion and Watershed Management Project, World Bank,
(2013)
Resettlement Policy Framework for Nigeria Erosion and Watershed Management Project, World Bank
(2012)
Reyment R. A.; 1976. Stratigraphy of Niger Delta. Ibadan University Press, Nigeria.
SMEC Group (2015) Detailed Engineering Design Report enugwu Ukwu Erosion Site
SMEC Group (2016) Feasibility Study Report For Erosion Control Sites
Strategic Framework for Mainstreaming Citizen Engagement in World Bank Group, World Bank (2004)
Valuation Reporting Requirements in a Resettlement Action Planning (RAP) Process, Adamu (2013)




                                                                                                 89
ANNEX 2 MONITORING INDICATOR FOR THE PERFORMANCE OF RAP
INCOME RESTORATION
NAME OF MONITORING OFFICER:
NAME OF PAP:
TYPE OF IMPACT CAUSED TO PAP BY PROJECT:
Choice made by PAP between cash and in-kind compensation:
Proposed Use of Payments:
Date of Monitoring:
Indicators                              Baseline Status   New Status   Comment
                                        (Date)            (Date)
Income of PAP

Occupation of PAP

Number of grievances and time and
quality of resolution
Skill acquisition/training

Assistance received from Project

Number of Children

Number of children in school

Type of place of dwelling

Ownership of shop/structure?

Value of Stock

Turnover

Condition of affected structure/Asset




                                                                                 90
91
92
93
94
95
ANNEX 4 CENSUS/ SOCIO-ECONOMIC DATA COLLECTION FORM
IDENTIFICATION
Community: _________________                   Date___________________
Name of the Respondent: _______________________________________________
                                                                                 Affix Passport Here
Phone No___________________________
Relationship to Household head_________________________
Age___ Sex___
Address: __________________________________________________
Nationality____________ Nativity ___________
Length of stay within the community____________


GENERAL INFORMATION
Religious Group: Christians____Muslim___ATR___Others (specify) ___
Social Group:   Vulnerable___General___
Family Pattern: Joint___Nuclear___Individual______
Size of Family: Small (2-4) ____Medium (5-7) ____Large (Above7) ____


FAMILYPARTICULARS(Startfrom head of the household)
          Name of Member          Sex Age Marital Relationship Educational      Occupation
                                               Status to HH-head level       Primary Secondary




Household’s Main Occupation________________and Monthly income (N)___________Secondary
Source_________and Monthly Income (N)________No. of Adult earning members:________ No. of
dependents:___ Family annual expenditure: (N)_________

                                                                                             96
COMMERCIAL/SELF EMPLOYMENT ACTIVITIES
Type of Shop/Business Enterprises (SBEs)
Hotel____Provision store____Repair & Workshop____ Other Shops (Specify) ___________Other
Enterprise (Specify) _____________No. of Partners: ___


Employment Pattern
Owner/Operator____Employed 1 to 5 persons___Employed above 5____




VULNERABILITY
HH below poverty line___ HH becoming BPL as a result of loss of livelihood/asset___ Female headed
household___


PUBLIC UTILITIES
How would you describe the condition of the following amenities in town you live/community?
Amenities                       Very Good     Good         Fair           Poor
Roads to the community
Roads within the community
Schools in the community
Public Health Institutions
Potable Water
Public Electricity
Communication facilities
(Postal Service, Telephone)
Public recreation facilities


What is the major source of water available to your household?
(i)River____ (ii)Borehole (commercial)____ (iii)Borehole          (private)___   (iv)Public   pipe-borne
water___(v)Pond___ (vi)Water Vendor___ (vii)Well water___


How long does it take you in minutes/hours to get to your water source___?


What is your primary source of electricity?


                                                                                                     97
(i)Hurricane Lamp___(ii) Private Generators___ (iii)Community Generators___ (iv)State Government
Utilities Board___ (v)Company Operating in your community___ (vi) PHCN (National Grid)___


What is your secondary source of electricity?
(i)Hurricane Lamp___ (ii) Private Generators___ (iii)Community Generators___ (iv)Company Operating
in your community___


What is the main fuel you use for cooking?
(i)Firewood___(ii)Charcoal___ (iii)Kerosene___ (iv)Gas___ (v)Electricity___(vi)Crop residue/ Saw
dust___(vii) Animal Wastes___(viii)Others___


HEALTH AND SANITATION
What type of toilet facility do you use?
(i)Pit___(ii) Bush___(iii)Bucket___(iv) Water Closet___(v)Others (Specify)……


How do you dispose of your household refuse?
(i)Private Open Dump___(ii) Public Open Dump___(iii) Organized Collection___(iv)Burning___(v)
Bush___(vi)Burying___


Which of the following diseases/condition is most common in your area
(i)Malaria___(ii)Typhoid___(iii)Diarrhoea___(iv)Cough___(v) Respiratory Disturbance___(vi)Others__


PROJECT PERCEPTION
Are you aware of the proposed Erosion Rehabilitation Project? Yes___No__
If Yes, Source of information_______________
What is your opinion about the project? Good____ Bad____ Can’t say____
If good, what positive impacts do you perceive? ____________________________
If bad, what negative impacts do you perceive? _____________________________




INFORMATION ON AFFECTED PROPERTY
GPS Coordinates: ____________________
Name of PAP______________________________________________________
Phone No______________________________


                                                                                                     98
Category of PAP: Titleholder___ Encroacher___ Tenant___ Squatter____ others (specify) __________
Type of document possessed to certify ownership type_________________________________
If not owned, state name and Address of owner_______________________________________
______________________________________________________________________________
If informal use right, state type of agreement__________________________________________
Number of years used_____ Rent paid/month (N) ___________


Details of the structure
Type of Use: Residential____Commercial___Residential/Commercial___Other (Specify) __
Construction Type: Mud___Brick; Mud/Thatched roof__Brick/Thatched roof____
No. of Rooms/Storey___Impacted Area (m2) _____Total Impacted Area (m2) ____
Utility Connection: Electricity____Water___Phone__ (P-Partially F-Fully)


Other Affected Assets
Compound wall/fence___ Tree___ Farmland____ Borehole/well___ Others (Specify) ____
Replacement Value (N) _________
Assets distance to the wall edge_____________


Agricultural Products
Type of Crop

Owner of Crop

Total yearly production

Average yield

Average value of crop

Number of labor used for production

Crop products sold at market (%)



Average yearly household income from agriculture (N) __________


Trees
Type of Tree




                                                                                               99
Number of affected Tree

Average yield of fruit bearing trees

Average yearly income from fruit tree




RESETTLEMENT AND REHABILITATION
In case you are displaced (residentially) where and how far do you prefer to be located?
Within the area___ Outside the area____ Place name_______________ Distance___ (km)


Which is your preferred replacement Option?
Land for land lost ___Cash Assistance ___House in Resettlement Site ___Shop in Resettlement Site
__Other (Specify) ___


Factors to be considered in providing alternate place
Access to family/friends ____Income from friends___ Income from Business activity___ Daily Job___
Close to Market___ Other (Specify) ____




                                                                                             100
101
ANNEX 5 LIST OF VULNERABLE PAPS

S/N   NAME OF PAPS   SEX      AGE   MARITAL STAUS   PHONE NO OF PAPs

1                    Female   55    Widow

2                    Female   57    Widow

3                    Female   70    Widow

4                    Female   62    Widow

5                    Female   70    Widow

6                    Female   70    Widow

7                    Female   40    Widow

8                    Female   45    Widow

9                    Female   75    Widow

10                   Female   55    Widow

11                   Female   45    Widow

12                   Female   75    Widow

13                   Female   60    Widow

14                   Female   60    Widow

15                   Female   55    Widow

16                   Female   57    Widow

17                   Female   60    Married

18                   Male     70    Married

19                   Male     84    Married

20                   Female   57    Widow

21                   Male     73    Married

22                   Male     94    Married




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ANNEX 7 SUMMARY OF AGREEMENT WITH LAND OWNERS
The client held a consultation session with the site committee members, town union president, the 2
PAPs whose land will be acquired (Mr. Emmanuel Iwotor Ezeanya and Mrs. Nwana Patricia). The
purpose of this consultation was to delineate the boundaries of the land to be acquired as well as
determine the form of compensation for each of the PAPs.
After delineation following the engineering designs, the Mrs. Nwana Patricia was made to understand
that she will be allowed to harvest all crops planted prior to the commencement of work as well as
removal of materials from the shrine on the land. This she accepted and agreed to. However, stated
that she does not have another land anywhere.
The Town Union president and the Site committee agreed unanimously to assign her a permanent
portion of the community land where she can use for her farming and other activities. This she agreed
to as well and thanked the union president.
However, the consultant stated to the town union president and the site committee members that this
must be concluded before the commencement of the civil works in the project site. This they
acknowledged and promised to abide with.
Furthermore, Mr Emmanuel Iwotor Ezeanya a representative of the Iwortor family that will be losing
some portion of their land was consulted and informed of the implication of the project on their land.
This he stated their understanding and explained that it has been discussed among his family members
and they agreed to accept cash compensation to enable them acquire a new portion.
The consultant then distributed a census inventory form for the PAPs to capture their information as
well as size of land.
The PAPs thanked the consultant for his patience and promised to ensure that the project will not be
delayed by them in any way.




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