NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 FINAL REPORT OF THE RESETTLEMENT ACTION PLAN FOR THE REHABILITATION OF NEW HERITAGE GULLY EROSION SITE ONITSHA, OMOGBA, ONITSHA PREPARED FOR THE ANAMBRA STATE PROJECT MANAGEMENT UNIT (SPMU) OF NIGERIA EROSION AND WATERSHED MANAGEMENTPROJECT (NEWMAP), ANAMABRA STATE MINISTRY OF ENVIRONMENT GOVERNMENT HOUSE, AWKA August, 2014. NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 TABLE OF CONTENT TABLE OF CONTENTS i LIST OF TABLES iv LIST OF FIGURES v LIST OF PLATES vi ABBREVIATIONS AND ACRONYMS vii LIST OF PREPARERS viii ABSTRACT ix EXECUTIVE SUMMARY x CHAPTER ONE 1.0 INTRODUCTION 1 1.1 PREAMBLE AND HISTORICAL PERSPECTIVES ON NEWMAP 1 1.2 CONCEPT AND PURPOSE OF NEWMAP 1 1.3 INVESTMENT ACTIVITIES UNDER NEWMAP 1 1.4 THE RAP STUDY 2 1.5 OBJECTIVES OF RAP STUDY 2 1.6 AGENCIES RESPONSIBLE FOR NEWMAP 3 1.7 BRIEF HISTORY OF NEW HERITAGE GULLY 3 1.8 OBJECTIVES OF NEWMAP’S INTERVENTION IN THE PROPOSED SITE 4 CHAPTER TWO 2.0 DESCRIPTION OF PROPOSED PROJECT AND ITS AREA OF INFLUENCE 5 2.1 GENERAL DESCRIPTION OF STUDY AREA 5 2.1.1 Project Site location 5 2.2 DESCRIPTION OF THE PROPOSED INTERVENTION PROJECT 7 2.3 STUDY DESCRIPTION 7 2.4 AREA OF PROJECT INFLUENCE 7 CHAPTER THREE 3.0 POLICY, REGULATORY AND ADMINISTRATIVE FRAMEWORK 8 3.1 OUTLINES ON LEGAL, REGULATORY AND ADMINISTRATIVE INSTRUMENTS 8 3.2 WORLD BANK (WB) SAFEGUARD POLICY OP 4.12 8 3.2.1 Impacts that Qualify for Resettlement 9 3.3 LAND USE ACT CAP 202 LFN 1990 10 3.4 THE POSITION OF PAPs 11 3.4.1 Provisions of the Land Use Act Cap 202 Lfn 1990 11 3.4.2 Entitlement to Compensation 12 3.5 COMPARISON BETWEEN NIGERIA’S LAND USE ACT AND WORLD BANK OP/BP 4.12 12 CHAPTER FOUR 4.0 SOCIOECONOMIC, SOCIOCULTURAL HEALTH BASELINES 14 4.1 THE SOCIAL CONDITION IN OMAGBA PHASE 2 14 4.1.1 Demographic Characteristics 15 4.1.2 Household Size 16 4.1.3 Population Structure 17 i NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 4.1.4 Educational Structure 18 4.1.5 Livelihood and Employment Patterns. 18 4.1.6 Housing Stock, Ownership and Settlement Pattern 19 4.1.7 Ethnic Groups 19 4.1.8 Local Groups 19 4.1.9 Sociocultural Ambience 20 4.1.10 Religion 20 4.1.11 Land Use Patterns 20 4.1.12 Public Health Baseline 20 4.1.13 Health Infrastructure and Services. 22 4.2 OUTLINE OF SOCIAL NEEDS IN OMAGBA COMMUNITY 23 CHAPTER FIVE 5.0 COMMUNITY CONSULTATIONS AND MEETINGS 24 5.1 COMMUNITY MOBILIZATION 24 5.2 PUBLIC CONSULTATION PROCESS 24 5.3 OVERVIEW OF PUBLIC CONSULTATIONS PROGRAMME 24 5.3.1 New Heritage Public Consultation Forums at “Kedi House” 24 5.3.1.1 Public Participation: 25 5.3.1.2 Community’s Concerns: 26 5.3.1.3 Recommended Action 26 5.3.2 The Decision-Making Process 27 5.4 IDENTIFICATION OF STAKEHOLDERS 27 5.5 SOCIAL ISSUES AND HAZARDS 27 5.6 GUIDELINES IN COMMUNITY LIAISON 28 5.7 SUMMARY OF CONSULTATIONS AND MEETINGS WITH STAKEHOLDERS. 29 CHAPTER SIX 6.0 OUTLINE OF POTENTIAL AND ASSOCIATED IMPACTS… 30 6.1 FIELD SURVEYS AND FINDINGS 30 6.2 PROJECT ENVIRONMENTAL AND SOCIAL EFFECTS 30 6.2.1 Classification of the Potential and Associated Impacts of Project Phases. 31 6.3 INTEGRATED IMPACT MITIGATION STRATEGIES 32 6.4 DEFINITION AND IDENTIFICATION OF PAPs 33 CHAPTER SEVEN 7.0 PROPOSED RESETTLEMENT ACTION PLAN 34 7.1 ELIGIBILITY FOR INVOLUNTARY RESETTLEMENT 34 7.2 ENTITLEMENT POLICY 34 7.2.1 PAPS Losing Structures along the Gully Corridor 35 7.2.2 PAPs Losing Economic Trees 35 7.2.3 Persons Likely to be displaced from Livelihood Activities… 35 7.3 VULNERABLE GROUPS 35 7.4 ENTITLEMENT MATRIX USED IN NEW HERITAGE 36 7.5 ELIGIBILITY CRITERIA FOR AFFECTED PERSONS 38 ii NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 7.5.1 Definition of PAPs 38 7.6 PROOF OF ELIGIBILITY 39 7.7 NOTIFICATION 39 7.8 VALUATION REPORTS FOR RAP FOR THE NEW HERITAGE GULLY… 40 7.8.1. Date of Inspection / Valuation 40 7.8.2 Purpose of Valuation 40 7.8.3 Basis of Valuation 40 7.8.4 Limiting Conditions / Assumptions 40 7.8.5 Sources of Information 41 7.8.6 Scope of Valuation 41 7.9 VALUE INDICATOR / ANALYSIS 42 7.10 OMAGBA PHASES I AND 2 PROPERTY MARKET 43 7.11 VALUE INDICATORS FOR PROPERTIES AND ASSETS 44 7.11.1 Omagba Rental Analysis 44 7.11.2 Value Indicators for Agricultural Products 44 7.12 COMPENSATION FOR LOSSES AND DISPLACEMENT 45 7.13 METHODS OF VALUATION FOR COMPENSATION 50 7.13.1 Other Valuation Considerations 50 7.14 CLASSIFICATION OF AFFECTED STRUCTURES 51 7.15 PAYMENT OF COMPENSATION 51 7.15.1 Compensation to Owners of Immovable Structures 51 7.16 IMPORTANT NOTES ON VALUATIONS AND ENTITLEMENTS 51 7.17 CUT-OFF DATE 52 7.17.1 Resettlement Options 52 7.18 LIVELIHOOD RESTORATION PROGRAM 53 7.18.1 Livelihood Restoration Activities and Timescale 53 7.18.2 Grievance Redress Mechanisms (GRM) 54 7.19 INSTITUTIONAL ARRANGEMENTS FOR RAP IMPLEMENTATION 56 7.19.1 Institutional Arrangements 56 7.19.2 Grievance Redress Mechanisms (GRM) 57 7.19.3 Grievances and Appeals Procedure (GAP) 58 CHAPTER EIGHT 8.0 COST OF RAP 59 8.1 INDICATIVE BUDGET FOR RAP IMPLEMENTATION 60 8.2 COMPENSATION FUNDING PLAN AND TIMETABLE 60 8.2.1 Budgets for Resettlement Activities of the New Heritage Gully… 60 8.2.2 NEWMAP Timetable 60 8.3 TRAINING ASPECTS 61 CHAPTER NINE 9.0 CONCLUSION 62 REFERENCES 63 APPENDICES 64 iii NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 LIST OF TABLES Table 3.1 Summary of comparison between Nigerian Land Use Acts… 13 Table 4.1 Census figures for Onitsha showing Male: Female Population figures 17 Table 4.2 Populations projections for Onitsha and Satellite Communities from… 17 Table 6.1 Summary of project activities and their environmental and social effect 30 Table 6.2. Impact classification for project components 31 Table 7.1 Entitlement Matrix showing categories of project affected persons… 36 Table 7. 2 Properties and persons likely to be affected by the project… 46 Table 7.3 Institutional Arrangement and Responsibilities for RAP implementation 56 Table 8.1 Indicative Budget for RAP Implementation 60 Table 8.2 Timetable for Resettlement Action Plan 60 Table 8.3 Recommended Training and Awareness Activities 61 iv NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 LIST OF FIGURES Figs. 2.1 Map of Anambra State and Onitsha Interactive…. 5 Fig. 2.2 Satellite imagery of Onitsha including the New Heritage… 6 Fig. 2.3 DEM of the New Heritage Project Area (2-D Image) 6 Fig. 2.4. A Topomap of Nkisi river basin 6 Fig.2.5 Delineation map of the New Heritage section of Nkisi River 7 Fig.4.1 Population data for Onitsha and neighbouring LGAs 17 Fig. 4.4A Prevalent diseases in New Heritage 21 Fig. 4.4B Prevalent diseases in New Heritage 21 Fig.7.1 Sketch of the New Heritage project area showing… 45 v NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 LIST OF PLATES Plate 4.1 Waste collector 19 Plate 4.2 Mechanic 19 Plate 4.3 Cobbler 19 Plate 4.4 Roadside eatery 19 Plate 4.5 Okada 19 Plate 4.6 Animal husbandry 19 Plate 4.7 Street trading 19 Plate 4.8 Agric. Components 19 Plates 5.1 First Public Consultation & Focus Group Discussions… 25 Plates 5.2 The members of the SPMU addressing a public meeting. 25 Plates 6.1 Affirmation of public acceptance of rehabilitation 31 Plates 6.2 Confidence restored, increased development initiatives… 31 vi NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 ABBREVIATIONS AND ACRONYMS DP - Displaced Persons ESIA - Environmental and Social Impact Assessment ESMF - Environmental and Social Management Framework ESMP - Environmental and Social Management Plan FMENV - Federal Ministry of Environment FGN - Federal Government of Nigeria FGD - Focus Group Discussion GRM - Grievance Redress Mechanisms GAP - Grievances and Appeals Procedure IDA - International Development Association LGA - Local Government Area LUA - Land Use Act NGO - Non-Governmental Organization PAD - Project Appraisal Document PAP - Project-Affected Person PAC - Project-Affected Community PRA - Participatory Rural Appraisal PIU - Project Implementation Unit PIM - Project Implementation Manual PSP - Private Sector Partner or Private Sector Participation RAP - Resettlement Action Plan RPF - Resettlement Policy Framework SPIU - State Project Implementation Unit SSI - Semi Structured Interview WB - World Bank vii NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 LIST OF PREPARERS Dr Jerry Nwankwo Team Leader Austin Nwangwu Team Coordinator Emeka Nwangwu Property Law Ifeoma Ikegbuna Environmental Management/Ecology I.C. Orakwue Sociology Nwafor Frederick I Resettlement Frameworks Jideani Emeka Osita Lead Enumerator Wilson Chukwudebere Field Assistant Ngozi Ikwueze GIS Technologist Adaobi Iloamuche Desktop, Editing viii NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Abstract The Nigeria Erosion and Watershed Management Project (NEWMAP) seeks to be the commencement of a comprehensive rehabilitation program for land degradation through gullying in seven (7) gully erosion-infested States in Nigeria. The program has commenced with a plan to introduce total asset management methods for delivery and maintenance of hydrological erosion rehabilitation works; and also to plan and facilitate sustainable financing arrangements for land resource conservation. Despite the project benefits, resettlement issues will arise, as a result of civil construction and other activities related with project implementation. To this end, this resettlement policy framework sets the guidelines for due compensation and for monitoring to ensure compliance with World Bank Safeguard Policies and Nigeria environmental laws and social equity. Grievance mechanisms will also be set up in case conflicts occur. The objectives of this resettlement policy shall include the following: A) Involuntary resettlement and land acquisition should be avoided as much as possible, or minimized, through exploring all viable alternatives, including appropriate engineering designs and civil construction methods. B) Where involuntary resettlement and land acquisition become inevitable, resettlement and compensation activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to give the displaced persons the opportunity to share in project benefits. C) Displaced and compensated persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. D) Displaced and compensated persons should be assisted in their efforts to improve their livelihoods and standards of living, or at least to restore them, in real terms, to pre- displacement levels, or levels prevailing prior to the beginning of the project. In the end, the overall objectives of NEWMAP which includes capacity-building, ecosystem restoration, reduction of poverty and vulnerability; and building of resilience through effective public participation, will have been achieved if PAP’s are adequately resettled and/or rehabilitated. ix NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 EXECUTIVE SUMMARY ES 1.0 INTRODUCTION The Federal Government of Nigeria sought the World Bank’s assistance towards the execution of the Nigeria Erosion and Watershed Management Project (NEWMAP) in seven (7nos) States. Anambra State eminently qualifies for this intervention because of its extreme gully erosion problems. New Heritage Omagba Gully Erosion site is among the four (4nos) prioritized for this phase. Meeting the funding needs in the New Heritage gully rehabilitation project will improve the quality of life in the locality. Policy and institutional reforms for improved project delivery capacity will accompany NEWMAP. Public education and institutional strengthening in land resource conservation and watershed management practices will add further value. Land acquisition will be avoided as much as possible. All project activities likely to result in involuntary displacement of persons and livelihood perturbations will trigger the World Bank’s Safeguard Policy OP 4.12 (on Involuntary Resettlement) which requires that the PAPs are adequately compensated and provided assistance to mitigate project impacts. A full-scale Resettlement Action Plan (RAP) was prepared to ensure that PAPs were adequately compensated in this RAP. Only 162persons/businesses will be affected within the 20m setback. ES 1.1 OBJECTIVES OF THE PROJECTS’ RESETTLEMENT ACTION PLAN The objectives of the Resettlement Action Plan (RAP) for the gully rehabilitation project shall be to identify the project-affected persons (PAPs), assess the level of project impacts on them and adequately compensating them; engaging local people in project planning, execution and ownership; identifying livelihoods, incomes, and assets affected and protecting community ties. The location-specific impact of each project activity will be deduced through consultations in order to devise appropriate resettlement provisions consistent with the World Bank’s OP 4.12 Safeguard Policy. ES 2. GENERAL DESCRIPTION OF STUDY AREA New Heritage in Omagba Phase 2 community (the project-affected community) is highly built-up and densely populated zone in Onitsha North LGA of Anambra State (Latitudes 06 o 08’54’ N and 06o 08’ 59’’N and Longitudes 006o 49’ 11’’ E and 006o 49’ 06” E) approximately 84m -110m a.s.l at the lower basin of Nkisi river, a tributary of River Niger. Onitsha (unofficial population >1million) is the commercial hob of Anambra State, but important to all parts of Nigeria and beyond. AREA OF PROJECT INFLUENCE The area of project influence constitutes sections of the Nkisi river drainage basin feeding the gully which includes elevated parts of Nkpor junction, Enekwa-Sumpu; Borromeo, parts of Army Barracks down to Nkisi river. ES 3 POLICY, REGULATORY AND ADMINISTRATIVE FRAMEWORKS The Nigerian laws and World Bank Safeguard Policies demand the mitigation of all potential social and biophysical project impact which will be achieved by identification, accurate enumeration and x NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 registration of the PAPs; identifying individual liabilities and creating entry points for PAPs and the New Heritage Community in all phases of the project cycle. Through community consultation an organizational framework for project governance and grievance redress will be created. WORLD BANK (WB) SAFEGUARD POLICY OP 4.12 The gully erosion rehabilitation project in New Heritage was initiated for public good which is enhanced by the World Bank Safeguard Policies triggered to mitigate the adverse effects of the rehabilitation project, and improve on decision-making under efficient monitoring and evaluation regimes. Its focus is to save people from the loss of assets, ensuring PAPs are relocated to environments where their productive skills will remain applicable and the persons and groups can retain their competitive edge for survival. NIGERIA REGULATORY FRAMEWORK: THE LAND USE ACT CAP 202 LFN 1990. The Land Use Act of 1978, modified in 1990, vests the control and management of all Land in Nigeria in the Governor of each state, to be held on trust for the use and common benefit of all people. The establishment of the Act was aimed at stemming land disputes which were resulting to inter- and -community conflicts and, sometimes, fatalities and immeasurable losses. COMPARISON BETWEEN NIGERIA’S LAND USE ACT AND WORLD BANK OP/BP 4.12 Gaps exist between the Land Laws in Nigeria and the World Bank Policy OP 4.12 in aspects of provisions for the resettlement and compensations of PAPs. Where conflicts occur the World Bank policies will take precedence in order to ensure adequate protection of vulnerable persons. ES 4 SOCIOECONOMIC, SOCIOCULTURAL HEALTH BASELINES: The Social Condition in Omagba Phase 2 Studies in settlement and livelihood patterns, gender distribution, level of education etc. were used to structure project impact mitigation plans to help project managers and stakeholders to make the right developmental choices. Identified social indicators include social organizations and socio- cultural setting in Omagba Phase 2 Community; level of vulnerability of the PAPs as a result of the gullying process and extrapolations on project impacts. Other parameters are demographic characteristics: Household Size (5.8persons). Population structure (male: female 5:3); Educational Structure (60% literacy); Housing Stock (variegated); Ownership and Settlement Pattern (variable); ethnicity (predominantly Igbo); sociocultural ambience (peaceful and active). Religion (predominantly Christianity). Land use pattern (mostly residential); Public health baseline (susceptible to typical tropical diseases). Deficient health/social infrastructure. ES 5. COMMUNITY CONSULTATIONS AND MEETINGS: COMMUNITY MOBILIZATION Community consultations in New Heritage community commenced on Friday January 24, 2014 to sensitize and mobilize the project-affected community to project activities. Meetings (focus group discussions and in-depth surveys) were used to step down useful information. xi NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 6.0 GUIDELINES IN COMMUNITY LIAISON FGDs were structured to create an interface between project executors and project-affected community at stakeholder level; while in-depth studies were employed to source personal information from the PAPs during data gathering. Community consultations are adjudged successful when they make project targets clear and acceptable to the community of project influence and also when PAPs are agreeable with the activities and provisions of the project phases. INTEGRATED IMPACT MITIGATION STRATEGIES Impact mitigation strategies in New Heritage gully rehabilitation project include: Control of inflow floods, integrated civil and biological rehabilitative components. Safeguard measures built into the stilling basin to prevent injuries and ensuring pest control. Others are post-construction repairs and maintenance for retention of structures and channel capacity. Creation of HSE awareness during civil works and use of indigenous or adapted vegetals for slope stabilization where possible/applicable. Mitigation measures also include regular assessment of structural performance of the rehabilitation project. Capacity-building on sound land use management shall include, improved solid waste management, minimization of paved surfaces to reduce runoff yield, avoidance of sand mining within the sub-watershed, etc. Engaging a competent engineering firm for civil works is essential. DEFINITION AND IDENTIFICATION OF PAPs PAPs are: a) Owners of properties or other assets within the fixed setback from the gully corridor; b) people living in properties within the fixed setback; c) people earning their living within the fixed setback from the gully corridor; d) owners of farmlands or economic trees within the fixed setback. ES 7. 0 ELIGIBILITY CRITERIA FOR AFFECTED PERSONS Only persons considered to suffer loss or damage to assets, businesses, trade or loss of access to productive resources as a result of the project activities are eligible for compensation and/or resettlement/relocation, subject to cut-off date. Thus the cut-off-date for compensation eligibility was extended more than once to ensure all PAPs were reached. (Eventually fixed for March 31, 2014). PROOF OF ELIGIBILITY Proof of eligibility is provided by possession of both formal and informal legal instruments. However, only PAPs sampled and enumerated during the baseline survey shall be eligible for compensation or supplemental assistance or both; normally, such rights must be established before the cut-of-date. LIMITING CONDITIONS / ASSUMPTIONS xii NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Limiting conditions in the resettlement valuations are: variance between the information provided by the respondents and observable circumstances; changes in the local market prices not taken into consideration in arriving at the opinions on value. At least 10% margin of tolerance should cushion inflationary trends. Quality time was not spent with some respondents owing to field conditions, making elements of subjectivity and incompleteness inevitable in some information/data provided. SOURCES OF INFORMATION Assessment information was gathered from primary sources, secondary sources and the professional judgment of the socioeconomic evaluation team on market forces etc. SCOPE OF VALUATION The valuation was based on: rents for temporary relocation/ accommodation and details; value of economic activities (livelihood pursuits in the project-affected area etc.); market value of agricultural components (farms and economic trees). Goodwill could not be accurately evaluated under prevailing field conditions. A set back of 20m from the gully was universally used except at the gully head where it was extended to 50m in some cases. HSE considerations were foremost and widely applied. VALUE INDICATOR / ANALYSIS The value indicators used are transfer price, current construction cost rates and rent passing on the appraised properties and assets. The relevant valuations are on rents, incomes, access, transportation, goodwill and agricultural components. Investments in real estate in Omagba Phase 2 are motivated by: better income yield compared with other investment portals; its trans- generational value; foolproof income guarantee etc.; and easy accessibility of Omagba. OMAGBA PHASES I AND II PROPERTY MARKET Omagba Phase 2, the location of New Heritage area, is a well-planned medium density residential layout on the Onitsha-bound side of Onitsha – Enugu expressway with well laid out road networks many of which are dirt roads, although there is improving road and drainage infrastructural construction in this part of Onitsha metropolis. Gated entrances/exits and armed local vigilante suggest there is adequate security of lives and property in the area. VALUE INDICATORS FOR PROPERTIES AND ASSETS a. Omagba Rental Analysis Omagba Phase 2 layout commands relatively high rent passing in Onitsha property market consisting of One room apartments (24,000 – N30, 000 / pa); One room self-contained (N36, 000 – N42, 000 /pa); One room & parlor (N60,000 – N72,000/pa); 2bed rooms flat (N96,000 – N120,000/pa); 3bed room flat (N144,000 – N180,000/pa); 4bed room semi-detached duplex (N 300,000- 360,000/pa); 4bed room detached Duplex (N400,000 – 450,000/pa); 5bed room detached duplex (N500,000- N 600,000/pa). b. Valuation of Agricultural Components. This is based on survey of the local markets and estimated yields from the farms. Average annual yields of fruit trees and economic plants is as follows: xiii NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 One sq. m of cassava yields N300 – N350 naira; Mango ≈ N10,000/year; Avocado Pear ≈ N5, 000 – 7000; Pawpaw ≈ N 700; Suckers ≈ N2,000; Guava ≈ N1, 800 – N3, 000; Pineapple ≈ N2,000; Citrus (Oranges) ≈ N3,000 –N4,000. COMPENSATION FOR LOSSES AND DISPLACEMENT One hundred and sixty two (162) persons were adjudged legitimate PAPs, and would be entitled to the various types of compensation and rehabilitation measures attached to the project. METHODS OF VALUATION FOR COMPENSATION Value-for-compensation methodology used for compensation valuation were: The Direct Market Comparison (DMC) method; The Investment/ Return on Income (IRI) approach; The Replacement Cost Approach (RCA). Considerations were for Land Resettlement, livelihood disturbances/ disruptions on income-yielding properties/assets and loss of time. Other considerations were assistance for loading/offloading and transportation for those to be relocated as stipulated by World Bank OP 4.12. A lump resettlement camp may also be considered as a last option for very vulnerable persons, although not popular among PAPs. Classification of Affected Structures  Affected assets are classified either as Immovable (buildings, economic trees etc.) or Moveable (motor vehicles, some working equipment etc.). Assets in New Heritage are mostly immovable. PAYMENT OF COMPENSATION Compensation to Owners of Immovable Structures  Compensation to owners of immovable assets shall be based on assessed values and will be paid by the SPMU or any other parties such as will be appointed or agreeable to all stakeholders on basis of full replacement costs. Livelihood loss is on basis of income per day; the cost of some economic trees shall be based on the price of the estimated yield for at least two seasons. IMPORTANT NOTES ON VALUATIONS AND ENTITLEMENTS Compensation and assistance for PAPs are integral with the NEWMAP rehabilitation project, even though the project is not the cause of the land degradation and other losses. It rather seeks to mitigate project impacts by lessening the losses and inconveniences on PAPs. The built-up urban environment and residency patterns characteristic of the project area command high resettlement costs. Entrenching a culture of erosion risk-reduction and sustainable land use development is needed going forward; also creating linkages between the project-affected and line land use regulators. Others are non-structural intervention through commencement of watershed management education; drainage infrastructural development, improved waste management etc. CUT-OFF DATE. The cut -off date for eligibility for relocation/compensation/assistance was first fixed for February 28, 2014 but later extended to March 31st 2014 to ensure no PAP was left out. This may not include xiv NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 deliberately anticipatory development after the communication of the NEWMAP initiative to the Omagba Phase 2 community.  RESETTLEMENT OPTIONS Available resettlement options are: 1) Financial assistance for temporary/permanent relocation; 2) creation of resettlement camps until the project is completed. 3) The no-resettlement option is antithetical to World Bank stipulations and is, therefore, no option at all. The first option is the best. INSTITUTIONAL ARRANGEMENTS FOR RAP IMPLEMENTATION The major institutions involved in the Resettlement process are the Anambra State NEWMAP Monitoring Unit Monitoring Unit (SPMU), the Nodal Person representing the Federal Ministry of Environment, the World Bank reps, the NEWMAP Resettlement Committee (NRC); and a RAP Implementation Consultant (RIC) or a witness NGO. GRIEVANCE REDRESS MECHANISMS (GRM) The SPMU will set up a Grievance Redress Committee to address complaints that may arise from the RAP implementation. Its members will include legal and accounts representatives of NEWMAP, and the legal expert from the ministry shall be the secretary. The committee shall cater for all resettlement issues including grievances, and generally communicate with the PAPs over developments and decisions; to prevent lengthy litigations and delays to project activities. A Grievance and Appeals mechanism will add to the effectiveness of the GRM by handling appeals against decisions at no cost to the PAPs. ES 8 COST OF RAP The placement of values on impacts arising from the proposed New Heritage Gully erosion rehabilitation was based on the costs in the local market environment, discussions with the PAPs and other stakeholders including the local community leadership. The figures are mostly estimates based on the project details, the valuers’ expertise and knowledge of the terrain. An indicative budget was prepared summing up resettlement compensations, contingencies, capacity-building, and monitoring/ supervision aspects of the project and resettlement plans. COMPENSATION FUNDING PLAN AND TIMETABLE This contains the budgets for resettlement requirements of the New Heritage gully rehabilitation project and the training aspects. It also contains the timetable and schedules for various activities. The timetable spans from the cutoff date (March 31, 2014) to proposed commencement of civil construction as directed by the SPMU. All preliminary activities (including resettlement of PAPs) are supposed to be concluded before the commencement of the civil works. ES 9.0 CONCLUSION Factors contributing to the gullying process in New Heritage include land use violations such as outright flouting of designations and building outside the development master plan for the area, xv NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 possibly with the connivance of regulatory authorities. Officials who compromise their duties are to be blamed and should be sanctioned for dereliction of duty. The project development which is aimed at preventing loss of property and minimizing land acquisition in accordance with the World Bank Safeguard policy OP 4.12 takes care of both circumstantial and culpable PAPs, which is commendable. Developer and property buyer education is necessary. xvi NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER ONE 1.0 INTRODUCTION 1.1 PREAMBLE AND HISTORICAL PERSPECTIVES ON NEWMAP Gully erosion has put Anambra State on the map as arguably the most ecologically-challenged polity in Nigeria. At the rate of gully initiation and extension in the communities of the State, nothing short of a holistic approach would be appropriate for the mitigation of the situation. The Nigeria Erosion and Watershed Management Project (NEWMAP) gully erosion rehabilitation program will herald a new dawn in soil conservation and erosion disaster risk-reduction in Anambra State. The (NEWMAP) were initiated by the Federal Government of Nigeria (FGN) to commence the rehabilitation of erosion-ravaged lands in seven (7nos) states of Nigeria, one of which is Anambra State. The FGN has arranged for the financing of the project from the World Bank with the Federal Ministry of Environment providing the technical support through its Department of Erosion and Coastal Zone Management. This federal organ shall be complemented by project implementation teams from the states. In Anambra State, a multi-sector project implementation team will take responsibility for project execution, monitoring and evaluation, using their institutional resources to raise teams of experts for the preparatory and execution modules of the projects. NEWMAP is the first large-scale response to the enormous gully erosion challenges facing Anambra State communities, which have led to loss of lives and productive land, damage to property and assets, displacement of persons and many other social consequences. Together, these situations have caused much hardship to society in a worsening scenario of soil loss and land degradation. The project is commencing in Anambra State with this first round of site prioritization involving four sites, one of which is the New Heritage Omagba site in Onitsha. The reports of the survey, scoping and screening done by field enumerators in the New Heritage site show that within the agreed 20m setback, 162 persons/businesses will be affected. Therefore, in line with World Bank Safeguard Policy on involuntary relocation (OP 4.12) which ensures that the Project Affected Persons (PAPs) are adequately compensated or provided with adequate assistance to mitigate project impacts, a full-scale Resettlement Action Plan (RAP) was prepared 1.2 CONCEPT AND PURPOSE OF NEWMAP NEWMAP is conceptualized as a holistic intervention in gully rehabilitation to be executed in modules involving administrative and implementation activities executed in four main components:  Policy and Institutional Reforms  Institutional Capacity Building  Upgrading, Rehabilitation and Maintenance of gullied lands and watershed management.  A risk-reduction approach with long-term minimizing erosion vulnerability in targeted areas. 1.3 INVESTMENT ACTIVITIES UNDER NEWMAP NEWMAP investments were planned to be consummated in the following phases: 1 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Compact preparatory capacity-building activities intended to strengthen institutional structures in the benefitting states for successful project implementation and post implementation maintenance and ownership. This initiation phase of NEWMAP was a case study for project implementation competence within line institutions in Anambra State. It was a pilot-scale engagement to test-run proposals made by various stakeholders for erosion control in the State.  The rehabilitation phase made up of civil works and biological control of gullying.  Creating capacity for periodic maintenance, upgrading, and environmental management as identified in the project base documents.  Risk-reduction. Prevention of gully initiation and extension in the proposed project areas; encouraging the local community to take self-help measures to conserve land; commencing community-wide approach to mitigate environmental degradation and raising society’s interest in contributing to projects that benefit them by being involved in all phases of the project cycle. NEWMAP will thus support the participating states and communities in reducing vulnerability to erosion through watershed management activities. In principle NEWMAP was conceptualized to avoid land acquisition, where possible. This emphasis is appropriate for the very fluid land use regulatory monitoring and enforcement in the New Heritage project area, where extensive development was permitted in otherwise hazardous locations, such as floodways etc. The envisaged involuntary displacement and disturbance of access to means of livelihoods during the New Heritage gully erosion rehabilitation triggers the World Bank’s Safeguard Policy on Involuntary Resettlement (OP 4.12). Hence the need to prepare a Resettlement Action Plan (RAP) in line with World Bank Safeguard Policy to ensure that the Project Affected Persons (PAPs) are adequately compensated and provided necessary assistance, prior to the commencement of rehabilitation process. 1.4 THE RAP STUDY The Resettlement Action Plan (RAP) will study and report the sociological situations in the community of immediate project influence, identify the project-affected persons (PAPs), their living conditions, the impacts of the project on them, and recommend mitigation plans for the adverse impacts. There will also be a review of the legal rights of the PAPs under the Nigerian laws vis-à-vis the World Bank Safeguard Policy OP 4.12, compensation/resettlement issues, the valuation of losses as basis for compensation, including those related to titles, developments/enhancements, agricultural components etc. The study will also set criteria for evaluations and the limits that the proposed project can sustainably carry; sensitizing and mobilizing the local community to key into all phases of the project cycle, helping them to access project benefits and accept responsibilities voluntarily. 1.5 OBJECTIVES OF RAP STUDY This Resettlement Action Plan follows studies conducted for and on behalf of the NEWMAP . The objective was to set out the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the project-affected community (persons and households) who may be affected in the course of identified project activities. The Resettlement Action 2 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Plan (RAP) is prepared consistent with the provisions of the Resettlement Policy Framework (RPF) provided at the preparatory phase of the project as follows:  To identify persons (individuals or groups) who will be affected by the project activities, and assess the level of impacts on them. Characterization of likely project impacts on individuals/groups and livelihoods, and articulating the RAP accordingly.  To engage the project affected persons in participatory formulation of a plan of action to adequately mitigate project impacts by compensating them for their losses and risks.  To gather required information on the project area for the planning, articulation, and execution of resettlement entitlements to mitigate the impacts of the gully rehabilitation project on PAPs in New Heritage, Omagba Onitsha.  To ensure that implementation of the gully rehabilitation project does no harm to the environment and population in the project area of influence.  To consult with the populace and identify the appropriate options for the resettlement and compensation of PAPs, consistent with Nigeria Laws, World Bank’s Operational Policy 4.12.  To determine resettlement, compensation and land acquisition processes (where applicable) consistent with the project objectives, and the needs and aspirations of the populace, subject to the World Bank’s financial provisions.  To mobilize PAPs to contribute actively to project design and implementation and for post project implementation maintenance driven by existing local social organizations. 1.6 AGENCIES RESPONSIBLE FOR NEWMAP  At the Federal level the lead agency is the Federal Ministry of Environment (FMENV), specifically the Department of Erosion, Flood and Coastal Zone Management.  At the state level it is the Anambra State Ministry of Environment, with the State Project Management Unit (SPMU) taking direct charge.  The project-affected communities through their CBOs, CSOs and project committees purposely formed for project implementation. 1.7 BRIEF HISTORY OF NEW HERITAGE GULLY There is general lack of understanding about sustainability as seen in development designs, poor drainage infrastructure and quackery in construction which are among the surest precursors of concentrated runoff which triggered the consequential gullying observed in the New Heritage section of Nkisi river basin. There are also generally poor watershed linkages and management activities within the drainage basin which must have been exacerbated by multiple administrative jurisdiction and irregular modes of land acquisition within the area. Concentrated runoff harvest from roofed infrastructure and concrete paved surfaces in large portions of the crest of the major eastern drainage basins of Nkisi River are associated with major gullying processes. The storm water harvest accumulating in the New Heritage catchment of the lower basin is discharged through a spillway across the Onitsha Enugu expressway onto the bare soil, thus initiating 3 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 gullying processes which worsened with more roofed infrastructure in land use development within the drainage basin. Poor drainage infrastructure and diverted floods from the throughout the drainage basin is among the triggers of the New Heritage gully, now a source of worry for developers and other land users. Access roads (including the Onitsha/Enugu expressway), private buildings, public utilities and other assets are at risk in addition to human safety and welfare. 1.8 OBJECTIVES OF NEWMAP’S INTERVENTION IN THE PROPOSED SITE The NEWMAP gully rehabilitation project in New Heritage, Onitsha has the following objectives:  As an investment in on-the-ground interventions for the rehabilitation of the existing gully, the rationale is to reverse land degradation processes through risk-reduction activities in the sub- watershed to prevent gully initiation and extension.  The project aims to engender long-term sustainability through institutional reforms and development of information systems for erosion management. This will involve the strengthening of federal and state environmental MDAs preparatory to addressing the erosion and watershed degradation worries in Anambra State comprehensively.  NEWMAP will create a proactive framework for mitigating the contributory impacts of climate change to land degradation and install disaster prevention and response capability in the communities exposed to erosion hazards.  Institutional strengthening to give necessary support to the state and Federal MDAs in developing capacity for project management and implementation. 4 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER TWO 2.0 DESCRIPTION OF PROPOSED PROJECT AND ITS AREA OF INFLUENCE 2.1 GENERAL DESCRIPTION OF STUDY AREA Anambra State is located within the South East Geopolitical zone of Nigeria. Created on August 27 TH 1991, the state has a land mass of over 4,120 sq. km., located within the coordinates of Latitudes 60 48'N and 5040'N, and Longitudes 6035'E and 7021'E of the Greenwich Meridian. It is bounded in the North by Kogi State, and to the South by Imo State. Her Western boundaries are shared with Delta State, while her Eastern and south eastern and extreme south western boundaries are shared with Enugu, Abia and Rivers States respectively. Anambra state is one of the smallest states in Nigeria, and yet second only to Lagos State in terms of population density, averaging 837.1persons/sq. km (2,168.2/sq. mi) with some areas reputed to have population densities of 1,500–2,000 persons/Sq.km. The state derives its name from the second largest water body in the state – Anambra River – which is a major tributary of the River Niger. . Figure 2.1 below is the Map of Anambra State and satellite imagery of Onitsha metropolis Figs 2.1: Map of Anambra State and Onitsha Interactive Satellite View (Google). 2.1.1 Project Site location Onitsha Commercial City in which the project will take place lies on Latitudes 6 0.1667 and 60.10’ 0.012”) and Longitude 6.7833 (646’59.988”E). New Heritage lies within Latitudes 06 o 08’54’ N and 06o 08’ 59’’N and Longitudes 006o 49’ 11’’ E and 006o 49’ 06” E) at the lower basin of Nkisi river, approximately 84m - 110m above sea level (measured with a Garvin Quest GPS). The New Heritage erosion site is in the Omagba Phase 2 area of Onitsha North Anambra State. Onitsha, with unofficial population figures of over one million persons, is a riverine community drained by the River Niger and its tributaries. The project area thus falls within a sub-watershed of the R. Niger: the Nkisi river basin. Onitsha is the 5 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 commercial hob of Anambra State, an influence transcending the confines of the state and Nigeria, spreading to the West Coast and Central African Sub-Region. Like most sections of Onitsha, the Omagba Phase 2 community is highly built-up and densely populated. Fig 2.2 Satellite imagery of Onitsha including the New Heritage area (marked). Fig 2.3 DEM of the New Heritage Project Area (2-D Image) Fig. 2.4 A topographic Map Nkisi river sub-watershed with basin delineations 6 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 2.2 DESCRIPTION OF THE PROPOSED INTERVENTION PROJECT The proceeds of the credit sourced by Federal Government of Nigeria will be applied directly to the New Heritage gully erosion rehabilitation project as well as eligible payments arising from liabilities accompanying the project. The NEWMAP rehabilitation works will restore degraded land resources, reduce poverty and vulnerability to gully erosion disaster risk and, through it, restore livelihoods and social ambience severed or affected by gully erosion in the New Heritage area of Onitsha. It will also initiate watershed management strategies with the active participation of the people inhabiting the Nkisi river sub- watershed. Figs 2.2 – 2.4 respectively are a satellite imagery, digital elevation model and topography map of New Heritage section of Nkisi river basin. 2.3 STUDY DESCRIPTION This RAP study is directed at unearthing the legitimate liabilities applicable to the project impacts, qualifying and quantifying them, identifying the project-affected persons, their social situations and the appropriate mitigation measures to identified potential impacts of the rehabilitation project. 2.4 AREA OF PROJECT INFLUENCE The area of project influence constitutes all sections of the Nkisi river drainage basin feeding the gully as shown in the delineated map Fig 2.5. This includes the more elevated parts of Nkpor junction, Enekwa- Sumpu; Borromeo and Army Barracks sections down to Nkisi river, the receiving environment of the storm water discharge. Fig 2.5 Delineation map of the New Heritage section of Nkisi river drainage basin. 7 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER THREE 3.0 POLICY, REGULATORY AND ADMINISTRATIVE FRAMEWORKS 3.1 OUTLINES ON LEGAL, REGULATORY AND ADMINISTRATIVE INSTRUMENTS When a gully invades an area of human habitation, it creates socioeconomic and human safety/welfare problems. A rehabilitation project will, therefore, always be a welcome intervention. In practice, however, such projects have the potential to cause dislocations which often require mitigation responses to alleviate the impacts on identified PAPs. This observation creates legal situations that must be resolved both for equity and in response to the provisions of national laws and World Bank Safeguard Policies on property (its ownership and use). It also raises issues of rights (constitutional and civil) as a basis for exercising caution and making adequate provisions for normal consequences of unplanned/involuntary displacements, both physically, emotionally/psychologically and economically, in order to protect the living conditions of PAPs and their livelihood from project-induced disruptions. This Resettlement Action Plan (RAP), therefore, has the following features:  Study and report of the sociological situation in the area of project influence.  Identification of the PAPs; documentation of their living conditions.  Identification and evaluation of the potential impacts of the project on them.  Recommendations on mitigation measures and plans for the alleviation of those impacts.  Review of the legal rights of the project PAPs under the Nigerian laws.  Outline of compensation mechanisms as applicable to the World Bank policies on involuntary resettlement indicating the types and value of losses; the basis for compensation, including those related to titles, developments/enhancements, agricultural components, livelihood disruptions, restrictions, loss of patronage, goodwill etc.  Fixing the criteria for resettlement and enlightening the New Heritage Community on the project’s resettlement provisions and their entitlements under the World Bank’s OP 4.12.  Create entry points for the involvement of PAPs and New Heritage Community in all phases of the project cycle, including deployment of their skills and services in project execution. The following policy and regulatory frameworks guided the preparation of this Resettlement Action Plan (RAP): 3.2 WORLD BANK (WB) SAFEGUARD POLICY OP 4.12 The RAP report for the gully rehabilitation project is in full view of the World Bank Safeguard policy OP/BP 4.12 on Involuntary Resettlement triggered as reviewed below:  Involuntary Resettlement, OP 4.12. This policy was updated in February, 2011 in order to clarify the use of Escrow accounts to reduce the delays in implementation of resettlement and clarification of Funding of Grievance Mechanisms. The adoption of this policy is based on the World Banks experience that involuntary relocation creates severe economic, social and environmental hazards to PAPs and affected communities. It is intended to save people from the loss of assets, ensuring that they are relocated to environments where their productive skills will remain applicable and the persons and 8 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 groups can retain their competitive edge for survival. It also seeks to preserve community institutions and social networks, ensuring that kinship groups are not dispersed or lose their affinities or cultural identity. Furthermore, OP 4.12 recognizes traditional authority and seeks to ensure the retention of the capacity for mutual help within a community. The policy embodies safeguards to mitigate impoverishment by ensuring that involuntarily-relocated people do not exist under conditions lower than they are used to, although it does not seek to create a new elite population. This is not an easy target to attain as there is always high probability of severe economic and environmental impacts even for the best-planned interventions. Based on the foregoing, the objectives of the policy are: i. To avoid involuntary relocation, where possible, by exploring all viable alternatives in project design and execution that will ensure this. ii. Where it is unavoidable, resettlement should be carried out as sustainable development programs, where adequate resources are made available for the resettlement of PAPs; and to ensure that PAPs (and host communities) share in project benefits such as employment or supply of materials during project execution. Therefore, as a proviso in project development, people should be consulted fully and must be provided opportunities to be involved in the planning and execution of resettlement activities, prior to displacement. iii. To complement the efforts of displaced persons to improve their living conditions, the minimal being to restore them to their pre-displacement level. 3.2.1 Impacts that Qualify for Resettlement The project impacts qualifying for resettlement include the following: ii) Involuntary loss of land iii) Loss of assets or shelter or loss of access to them. iv) Loss of income sources or livelihood activities whether due to physical displacement or not. v) Restriction of access to important designated land uses such as recreational areas, resulting in adverse impacts on wellbeing or livelihoods of individuals or groups. To enjoy World Bank facilities, a borrower is required to deal with the above issues by the following measures:  Creating a Resettlement Action Plan (ARAP, RAP, LAP), and taking measures to inform PAPs and groups about the project activities and their rights as regards resettlement.  Consulting the PAPs or stakeholder groups on available options consisting of "technically and economically feasible resettlement alternatives”.  Providing prompt, commensurate/effective compensation at full replacement cost for losses of assets and access directly attributable to project.  Creation of a well-defined grievance redress mechanism.  Where the relocation includes physical displacement, the relocated people must be provided assistance, residential housing or housing sites, or other sites as applicable. Equitability in doing this can only be achieved by the following means:  Providing the means of movement to the new area of resettlement (such as transportation etc.). 9 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Providing development assistance along with the compensation to help the affected persons cope with/adapt to the new situation they face.  Providing timely and relevant information to displaced persons and their host who must be offered the opportunity to participate in the planning, implementation and monitoring of relocation activities. 3.3 LAND USE ACT CAP 202 LFN 1990. The Land Use Act of 1978, modified in 1990, vests the control and management of all Land in Nigeria in the Governor of each state, to be held on trust for the use and common benefit of all people. Administratively, lands are divided into urban (which will be directly under the control and management of the Governor of each state) and non-urban land, which is under the control and management of the Local Government. Each State Governor has the right to grant statutory rights of occupancy to any person or group, for any purpose. The establishment of the Act was aimed at stemming land disputes which were resulting to inter- and - community conflicts and, sometimes, fatalities and immeasurable losses. It was also aimed at sanitizing land use abuses through regulating land management and ownership by defining and streamlining/simplifying land uses in conformity with master plans. Thus land users are extended support for realizing their land ownership desires under secure, peaceful and sustainable circumstances. The provisions of the sections relevant for RAP purposes are as follows: i) Section 1: Subject to the provisions of this Act, all land comprising the territory of each State in the Federation are hereby vested in the Governor of each state and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act. Specific for the New Heritage rehabilitation project are:  Section 2 (a): All land in urban areas shall be under the control and management of the Governor of each state.  Section 5 (1): It shall be lawful for the Governor in respect of land , whether or not in an urban area (a) to grant statutory rights of occupancy to any person for all purposes.  Section 6 (3): It shall be lawful for a local Government to enter upon, use and occupy for public purposes any Land within the area of its jurisdiction, and for the purposes, to revoke any customary right of occupation on any such land.  Section 28 (1): It shall be lawful for the government to revoke a right of occupancy for overriding public interest.  Section 29(1): If a right of occupancy is revoked, the holder and occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements.  Section 29 (4): Compensation under subsection (1) of this section shall be (a) the land for the amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked, (b) Buildings, installation or improvements thereon, for the amount of the replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation together with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, 10 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 being such cost thereof as may be sustained by documentary evidence and proof to the satisfaction of the appropriate officer, (c) crops on land apart from any building, installation or improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer.  Section 33(1): Where the right of occupancy of any developed land on which a residential building had been erected is revoked under this Act, the Governor may in his discretion offer in lieu of compensation payable in accordance with the provision of this Act, resettlement in any other place or area by way of a reasonable alternative accommodation (if appropriate in the circumstance). In the event of use of land for public interest, the Act specifies as follows:  That the government should resettle and/or compensate occupants of land with Certificate of Occupancy (C of O); or  Issue notice to occupiers of land prior to displacement of land for public projects. In practice, government does not compensate known rightful owners of land/asset when the affected land/assets are located within the right of way of utilities. Rather, the government enforces involuntary displacement by demolition of the structures and assets that are located within the land mapped for project. 3.4 THE POSITION OF PAPs This section outlines how the laws of Nigeria view persons likely to be affected by the proposed NEWMAP project. The context will be narrowed down to the potential PAPs in the New Heritage gully erosion site of Anambra State, vis-à-vis the operational laws of Nigeria and the relevant World Bank statutes likely to be triggered by the project activities. With the promulgation in Nigeria of the Land Use Act of 1978 (LUA), a uniform interest was created which was called the Right of Occupancy, which is simply a right to the occupation and use of land. This right may be statutory or customary (Nwakalor Vs Governor of Anambra State). 3.4.1 Provisions Of The Land Use Act Cap 202 Lfn 1990. The Land Use Act (LUA) is the current national policy on land in Nigeria which was entrenched in the Nigeria constitution. The provisions and effect of LUA with respect to persons likely to be affected by the NEWMAP in New Heritage rehabilitation works will be addressed without prejudice to the population of the PAPs identified. In executing it, it is important to note the following points:  In Section 1(1) the LUA vested the control and management of land in the state on the Governor; the lands in the non-urban areas are vested on the Local Government in the area. The Governor and Local Government are in this respect to be assisted in the management of land by a Land Use and Allocation Committee and Land Allocation Advisory Committee, respectively.  The administration and control of lands by the Governor can affect the choice or the use to which a person (or persons) may wish to put land. When the need arises, (as in the NEWMAP) where there might be loss of income, assets, dissolution of existing social affinities, community links; perturbations such as destruction of farmlands, health problems key issues arise; such as pollution, restrictions etc., it is important to note as follows: 11 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Section 28 of the LUA confers on the Governor the right to acquire land and also the power to revoke Rights of Occupancy for “overriding public interest”, which will affect the interest o f the land owner/occupier.  In the light of this power to compulsorily acquire land, the Governor can be regarded as the owner of the land validly acquired; but the validity rest on the proviso “upon the payment of compensation”. This lays credence to the fact that an owner of property can use same as he likes under property law. Yet it is settled that the Governor can revoke the right over land, as granted him under Section 34(2) and deemed right (ratified) by Section 34(5) of the LUA. Such revocation can be penal or for overriding public interest. The law, however, expects the Governor to state the reason for which the land is to be acquired (Section 50 of LUA). 3.4.2 Entitlement to Compensation. If at the end of an exhaustive evaluation the PAP is found eligible to receive compensation, the value of the compensation is computed by a competent official with the following parameters:  The compensation may not be based on the open market value, except where the latter agrees with the laid down parameters.  The PAP may in lieu of compensation accept an option of resettlement in line with Section 33(17) of the LUA. In practice what the state offers is an alternative portion of land; or an amount paid for an unexhausted improvement. There is also the issue of the socio-cultural attachment of Anambra State citizens to land, which serves as a capital repository of strategic importance in the inflexible/constrained investment environment available to citizens of the state. In consideration of the above, the World Bank Safeguard Policy (OP/BP 4.12) offers the best hope of equitable resettlement to the PAPs in New Heritage because it is definitive on the rights of involuntarily displaced persons, compared with the very fluid and subjective provisions of the Land Use Act. The gap between the Nigerian Land Use Law and the World Bank’s policy is bridged in the entitlement matrix and explained in details in sub-section 7.4, Table 7.1 (Entitlement Matrix for categories of PAPs and types of losses and compensation). 3.5 COMPARISON BETWEEN NIGERIA’S LAND USE ACT AND WORLD BANK OP/BP 4.12 In articulating a Resettlement Policy Framework, this section makes a comparison between the Land Laws in Nigeria and the World Bank Policy. A basic difference between the two is in the compensation for land taken from an occupier. Statutorily, land administration in Nigeria stipulates that entitlements for payment of compensation should be based on right of ownership, while The Bank’s OP 4.12 (Appendix 2) states that affected persons are entitled to some form of compensation whether or not they have legal title, if they occupy the land by a cut-off date. As the proposed Gully Rehabilitation project under NEWMAP will be funded by the World Bank, the principle of OP 4.12 become inviolate and compulsory. As a result, the RAP would adopt the Land Use Act 1978 (modified in 1990) and, where there is conflict, the Bank OP 4.12 takes precedence. Table 4.1 is a comparative analysis of both legal approaches. 12 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Table 3.1 below shows that there are gaps between the Nigerian Land Use Act and the World Bank Safeguard Policy OP/BP 4.12. The RAP for the gully rehabilitation projects in New Heritage will thus be aligned with the World Bank Operational Policy (OP 4.12) which indicates best practices for the rehabilitation of livelihoods of people affected by the implementation of projects. For project sustainability, the World Bank’s Policy will take precedence. CATEGORIES OF PAPs /TYPE OF PROVISONS OF THE NIGERIAN LAND USE PROVISIONS OF THE WORLD BANK OP 4.12 LOST ASSET ACT Land Owners Cash compensation based upon market value Recommends land-for-land compensation or cash compensation at replacement cost. Land Tenants Entitled to compensation based on proof of Entitled to some form of compensation subject to the rights they hold upon land. the legal recognition of their occupancy. Land Users Not entitled to compensation for land; Entitled for compensation for crops, for land entitled for compensation for crops replacement and income loss compensation at minimal of the pre-project level. Owners of non- Cash compensation based on prevailing Entitled to compensation in kind or cash at full permanent market value replacement cost, including labour and relocation Buildings expenses, prior to displacement. Owners of Cash compensation based on prevailing Entitled to compensation in kind or cash at full permanent market value replacement cost including labour and relocation Buildings expenses, prior to displacement. Table 3.1: Summary of comparison between Nigerian Land Use Act (1978) and World Bank’s OP 4.12 13 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER FOUR 4.0 SOCIOECONOMIC, SOCIOCULTURAL HEALTH BASELINES 4.1 THE SOCIAL CONDITION IN OMAGBA PHASE 2 Social studies were undertaken to identify the human groups in the area of project influence, their population characteristics: settlement and livelihood patterns, gender distribution, level of education etc. This was necessary in designing mitigation plans for the potential and associated impacts of the gully rehabilitation project which will also help the project managers to make the right developmental choices by utilizing valuable local information about the dynamics of the gully initiation and extension characteristics and its impacts. Such information will make for excellent designs and construction, as well as sound planning in addressing the scientifically determined vulnerability factors, ensuring effective mitigation plans for project impacts and administration of the resettlement plans. There is need to motivate the local community to make inputs and participate in all modules of project execution, especially the aspects of resettlement administration, as a safeguard and assurance for project sustainability. The focus group discussions (FGDs) and community consultation sessions were used to enlighten the stakeholders about the NEWMAP as a tripartite partnership (among the Federal Government of Nigeria, Anambra State Government and the World Bank); also its design to enlighten communities on how to manage the interplay of natural predisposing factors and local triggers that instigate gully erosion. The social survey achieved the following relevant milestones:  It generated reliable social and economic baseline data on the project-affected community  It created an interface and mutual trust between members of the host community of Omagba and other stakeholders to motivate the local people to own and protect the rehabilitation project; this also made it possible for the PAPs to accept inevitable decisions on involuntary relocation and personal inconveniences in attaining the long time benefits of the project.  Development of baseline information on the community and of update existing ones.  Help project managers in decision-making by identifying the needs of the communities in order to mainstream crucial details into project development modules.  Identify the true PAPs and community representatives to ensure equitable distribution of benefits and prevent ‘elite capture’ of the initiatives and benefits.  Enhance the host communities’ understanding of the project and prevent avoidable legal tussles.  Help the communities to develop self-help initiatives through capacity-building.  Sensitize the communities on the need to build up local disaster response capacity and engage in disaster-risk reduction through watershed management strategies. Among the factors sought for in the social investigation are the following: 14 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  The composition of the Omagba Phase 2 community, especially those living on the gully shoulders and all those exposed to impacts arising from gullying, who are correspondingly those on whom the proposed rehabilitation project will impact the most.  The population/demographic disposition of the project area.  The livelihood patterns in the project area: the occupations and sources of income of persons living in the communities, the employment features.  The structure of the communities, institutional arrangements and their cultural characteristics including the political and administrative structures.  The cultural resources: shrines, groves, artifacts, cultural prohibitions etc., if any.  The social characteristics, lifestyles and attitudes of the people in Omagba Community.  The living conditions of the populace: social infrastructure and public utilities such as road networks; educational, health and recreational facilities etc.  The knowledge and experiences of the local people on the historical antecedents of their situation; the triggers of gullying; their threat perception level and coping capacity. The following is a summary of the social indicators inventorized from both primary and secondary sources; in-depth studies, focus group discussions, observations and deductions from the expert experience of consultants:  The livelihood patterns within Omagba Phase 2, especially among the PAPs  Social organization of the Omagba Phase 2 Community  The level of vulnerability of the PAPs as a result of the gullying process among them in order to establish the impacts of the project on them.  The socio-cultural setting in Omagba in the community of project influence. 4.1.1 Demographic Characteristics From 1857 when Onitsha town was first visited by the British missionaries it was not until 1921 before the first census was conducted, putting the population figure for Onitsha at 8,084inhabitants. By 1931, the population increased more than threefold to 26,921, made up of 18,356 males, which more than doubled the figure for females then about 8,565. This reflects a rapid population growth mostly by in- migration of male traders, civil servants and school leavers seeking employment. The population growth has continued to the present levels from 52,745 in 1953, then trebling to reach 163,032 in 1963. By 1991 census, the figure increased to 256,941 with 136,230 males as against 120,711 females, tending towards gender parity. The 2006 census gives a total population of 261,604 broken down to 135,508 males as against 126,596 females (Table 4.1). This is likely to be for the inner city, because the figures for the metropolis are unofficially over 1.5million. Many informed opinions claim that the 2006 census figures are not reflective of the rate of growth because, as then widely reported, the Census was not properly carried out in Onitsha and its environs because of disruptions caused by the Movement for the Sovereign State of Biafra (MASSOB) who prevented census officials from moving freely, stopping people from participating properly. The census 15 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 figures of 2006 were thus based on calculations with growth factors applied to the 1991 figure and may not really reflect the true population growth trend. It is a popular opinion that the 2006 figures are nowhere close to reality. For example, using the National Population Commission’s growth rate of 2.83%, the 2006 population of Onitsha projected from the 1991 figure of 256,941 would have been 390,509 persons as against 261,604 recorded at the census, which amounted to 0.01% annual growth rate. It is pertinent to observe that this figure, even if it represents the nighttime population as against the daytime population, is still considered by residents to be too conservative and unrealistic. It could well be up to 1,500,000 as there is a huge transit population made up of travelers, visiting traders and people who do daily business in Onitsha but return to the villages after their day’s job to spend the night. The A rapid growth in the city has obvious implications for the physical planning and development of the town (UN-Habitat). From Table 4.2 Onitsha North and South LGAs had a combined population projection of less than 450,000 in 2010, which could be still be lower than 500,000 in 2011, using the exponential growth model. Perhaps it will take another census, well-conducted, to arrive at the agreeable figures, especially to capture the urban population migration dynamics in Onitsha. Since the New Heritage, Omagba Phase 2 has shared interest by Onitsha North, and Idemili North and South LGA, the actual population figure will be difficult to determine. Great reliance is, therefore heaped on the family figures derived from the community association used for levies and dues for security and sanitation rates. Using the figures obtained for different sections of Omagba Phase 2, Enekwasumpu and Omagba Phase 3 (Nkpor), there are 22,340 households. At an average household size of 6, there are about 140,000 persons in the project area of influence. This does not include an estimated transit population of over 45, 000 in the entire basin. These figures are far from being reliable, but are working figures all the same. It is safer to be working with figures of up to 200,000 for safe planning. On the whole, for as long as birth, death and other official demographic records are not well-kept, for so long will census records remain subject to speculation and debate. 4.1.2 Household Size The average household size in Onitsha is highest in Okpoko parts of the metropolis with figures of 8.5persons/household (UN-HABITAT, 2009). For about 120 families randomly sampled in New Heritage area, average figures of 5.8 were obtained agreeing with the 5-6 estimates for the Niger Delta region (Euro, 1996; NDE, 1997) but much less than the estimated 10.3 /household in other studies (Ojile, 1999). On the whole, the population characteristics of the project area change between the daytime and nighttime hours. The figures are greater in most neighbourhoods at night because of the daily trading activities which takes most of the population many kilometers away from the neighbourhood. New Heritage Omagba comes alive at night. 16 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 MALE FEMALE TOTAL % ANNUAL GROWTH YEAR OVER THE PERIOD 1921 NA NA 8,084 - 1931 18,356 8,565 26,921 23.3 1953 NA NA 82,745 9.42 1963 NA NA 163,032 9.7 1991 136,230 120,711 256,941 2.06 2006 135,508 126,596 261,604 0.12 Table 4.1 Census figures for Onitsha showing Male: Female Population figures. LGS 1991 2006 2010 2015 2020 2025 2030 Onitsha N 121157 124942 210000 295000 395000 425000 500000 Onitsha S 135290 136662 200000 300000 400000 475000 525000 Ogbaru 191761 221879 240000 390000 420000 495000 600000 Idemili S 124122 207683 215000 345000 410000 465000 550000 Idemili N 278642 430783 600000 800000 990000 1100000 1200000 Oyi 109921 168029 220000 285000 320000 350000 400000 Anambra 57975 153331 218000 275000 300000 400000 450000 East Total 1018818 1443309 1903000 2690000 3235000 3710000 4225000 Table 4.2 Populations projections for Onitsha and neighbouring LGAs from 1991, 2006 census figures (UN-HABITAT, 2009). Fig 4.1 Population data for Onitsha and neighbouring LGAs 4.1.3 Population Structure From random sampling techniques used during the limited time of the survey, the male:female ratio is about 5:3. This is reasonable because of the migratory patterns, composition and socioeconomic activities of the New Heritage Omagba Community. Although many respondents live with their families (66%), there are many bachelors (25%) and males whose families are in the villages (7%). The youthful population (1 -17 years) constitutes about 56% of the randomly sampled population. Dependency Ratio is calculated as: No. persons under 20 or over 64 x 100 No. of persons b/w 20-64years 17 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 4.1.4 Educational Structure Most people encountered in the course of the survey (60%) can read and write. The social structure of Omagba makes it difficult to observe specializations except trading and artisanal livelihoods. Most of the sampled people (62%) have at least First School Leaving Certificate. This is possible because most respondents are young traders. The older adults are found in Omagba phase 1, outside the sampling territory. In the FGDs, there were as much as 28% people with post primary qualification. The southeast of Nigeria, especially Anambra State, is often regarded as suffering from low incentive for school enrolment, especially post-primary/secondary education. While no reliable data is available to verify this, it is a fact that enrolment and graduate figures are gradually tilting more in favour of females than males. The lack of employment opportunities and underemployment are often cited as the causes. Trading and commercial enterprises, therefore, become more alluring and probably account for declining school enrolment and high school dropout rates. Among the artisans and some traders sampled, there are claims by some apprentices that they could not continue schooling because of financial constraints or lured into trading because of the hopeless unemployment rate among school leavers The literacy level in Anambra State averages 64.8%; 95.55% for the adolescents (12-17years) and 92.1% for the youth (18-24years) (NPC, 2000). The NPC analysis reckons that the policy of government on compulsory free primary education and other incentives has improved access to basic education since the 1990s (Anukam, 1996). 4.1.5 Livelihood and Employment Patterns. The economy of communities in New Heritage Omagba areas is mostly commercial. Most respondent (84%) are either trading in the major markets in Onitsha or doing some trade-related businesses. There are, however, a number of educated professionals – lawyers, doctors, engineers, teachers and industrialists (5%). There are also technicians and artisans that offer services within the community (welders, electricians, barbers etc. technicians (6%). The rest are unemployed school leavers or unskilled workers (4%). Many housewives engage in income-generating activities (street trading, crafts, teaching etc. there are a few female-supported families (<1%). The Onitsha population is known to have a remarkable land conversion drive: for buildings and infrastructural development, leaving so little for agriculture (urban farming). From the foregoing, there are mixed livelihood patterns (civil service, commerce, industrial activity and various other portals of income generation) in New Heritage, Omagba Phase 2. 18 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Plate 4.1 Waste collector Plate 4.2 Mechanic Plate 4.3 Cobbler Plate 4.4 Roadside eatery Plate 4.5 Commercial ‘cyclist Plate 4.6 Animal husbandry Plate 4.7 Street trading Plate 4.8 Agric. Components 4.1.6 Housing Stock, Ownership and Settlement Pattern The situational setting in the Omagba areas of Onitsha is typically urban with features revealing maximal use of land. There are mostly 2-3storied buildings in tenement flats. A few detached and semi- detached bungalows and duplexes dot the neighbourhoods. There are not many shacks among the housing stock, except those used as bistros, ‘mama-puts’ or for artisanal services. The houses mostly have block walls, corrugated or long-span roofs. Rooming accommodation is nearly non-existent as the area presents a modern layout outlook, except among those living closest to the gully corridors. Generally, the houses are in good structural shape but deficient in aesthetics. There are neither sufficient open spaces nor recreational areas. Many of the houses are ill-ventilated as a result of poor spatial arrangements and overdevelopment. Yet on the basis of comfort, livability and security, the Omagba neighbourhoods are among the best in Onitsha metropolis. 4.1.7 Ethnic Groups The population in Omagba Phase 2 is predominantly made up of people of the Igbo race with a sprinkling of immigrants from other parts of Nigeria including Igalas. Ethnicity is not a serious issue in Omagba because all immigrant people appear to be well-adapted and integrated in the urban survivalist “culture”. There is no trace of ethnic strife or disturbances as a result of ethnicity. The Igbo stock is made up of people from all States of the southeast geopolitical zone in the following descending order: Anambra, Enugu, Ebonyi, Imo, Abia. 4.1.8 Local Groups Because of the location of Omagba Phase 2 and New Heritage, the local groups are natives of Onitsha, Obosi or Nkpor: the three proximate communities with the greatest influence in Omagba community. There was no one encountered who was a native of these communities. The populace was predominantly people from hinterland Igbo communities. 19 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 4.1.9 SOCIOCULTURAL AMBIENCE There are no obvious cultural peculiarities in Omagba Phase 2, being a community of mixed indigeneship. However, common traits of Igbo culture: industry, exuberance, public-spiritedness and independent views and character are very much in evidence. Although there were not found many traces of indigenous characteristics such as festivals, totems, shrines and sacred places, many respondents are inclined to be amenable to core Igbo sociocultural mores. Also most respondents retain affinities with their communities of origin. For example most men and women are members of the diaspora branches of their indigenous Town Associations and attend meetings held once a month usually, making sure they are full-fledged (financial) members. 4.1.10 RELIGION Christianity is the predominantly professed religion in Omagba as can be deducted from the number of Christian churches and denominations in the area. Most people encountered belong to a Church group and take their spiritual lives and spiritual activities seriously. Except for a few, everyone goes to Church at least on Sundays and observes Christian festivities. Respect for their socio-cultural festivities such as New Yam Festival, reverence for totemic animals etc. and core-Igbo cultural mores, however remain intact, except for a few fanatical Christians. 4.1.11 LAND USE PATTERNS Omagba Phase 2 is mostly a residential neighbourhood. The predominant land use in the Nkisi River basin is mostly development of roofed infrastructure, particularly residential development. The rest are open spaces used for mechanics’ and other technical workshops. Many street corners are used for table-top trading, beer parlours and eateries. Agricultural land uses within the study area are sparse to absent because of rapid urbanization and high rate of land take for structural development. There are, however, a few areas of urban farming. Recreational land uses are few, but there are at least two public entertainment centers. This is consistent with the concept of enterprise and development in Onitsha. 4.1.12 Public Health Baseline Health surveys in Omagba Phase 2 shows that the community is susceptible to the common tropical diseases and symptoms in Onitsha, namely malaria, typhoid fever, headache, fever, diarrhea, dysentery, rashes, and bodily pains etc. There are also common cases of diabetes, arthritis, peptic & gastric ulcers, whooping cough, chicken-pox, tuberculosis and occasional incidents of cholera. Although all respondents know about HIV/AIDS, no one agrees they have had a close contact with a patient, suggesting the disease might still be a social taboo. Interestingly less than 5% of the population surveyed has voluntarily been screened for the disease. Only 21% of those sampled know their HIV status. These are mostly the women, especially those of reproductive age who were involuntarily screened during prenatal visits to hospitals. 20 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Hypertension and heart-related diseases have reportedly become more frequent, probably because of the uncertainties of mortal land degradation in the community, especially among owners of properties and assets threatened by the New Heritage gully erosion. Ordinarily not many people go for medical check-up. It is not surprising, therefore, that many of the respondents have high-blood pressure without knowing it, despite claiming they are in good health. This was revealed in the health survey. Reliable health data/medical data could not be obtained from the general hospitals in the Onitsha area. However, records sourced from some sampled private hospitals showed that malaria was by far the most prevalent ailment and was nearly always closely associated with typhoid fever (55%). Others are respiratory tract conditions (12%), gastroenteritis and other digestive tract ailments (14%), hypertension/diabetes/kidney and liver ailments (7%). The rest include social diseases, HIV-Aids, mental illness and cancers (12%). Fig 4.2 outlines the diseases and their average prevalence rates. Fig 4.2A. Prevalent diseases in New Heritage Fig 4.2B. Prevalent diseases in New Heritage 21 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 From the accounts of respondents, more people were sick during the wet season than in the dry season. The reason for this could not be ascertained, but there is a higher incidence of coughs and a number of respiratory tract diseases during the rainy season. There is also a marginal increase in gastro- intestinal diseases. In the case of malaria, this might be linked to increased mosquito breeding as a result of wetness and ponding around the homes. Colder weather and high humidity during the rains might, therefore, be important factors of morbidity. By age distribution the higher incidence of morbidity factors were reported among infants ( < 1year – 8years), the aged (> 65years) and pregnant women. Males of productive and active ages were less inclined to be sick, but were more prone to accidental injuries probably as a result of greater exposure to risk factors. Summary of the presentation of health and morbidity conditions is generally as follows:  Fevers: The common clinical indication of malaria/typhoid fever and infections generally.  Gastro-intestinal diseases: Commonly seen in diarrhea, dysentery, cholera etc.  Skin disease: Ulcers, chicken pox, eczema, ring-worm, lesions etc.  Sight and ENT Diseases: Conjunctivitis and eyesight-related conditions; otitis media, sore-throat etc.  Pulmonary diseases: catarrh, whooping cough, asthma, bronchitis, pneumonia, TB etc.  Organic (Systemic) ailments: Hypertension, liver and kidney diseases, diabetes, cancers etc.  Others: Social diseases (sex-related) and HIV-Aids. Morbidity and mortality in the study area are attributable to one or a combination of these diseases. Health surveys on about 30 respondents showed that many people overrated their state of health. For example, 45% of those 45years and above showed elevated blood pressures and yet claimed to be rudely healthy! It boils down to the need for regular medical tests, especially for those from 50years upwards which does not come cheap and, therefore, not the routine. There is ample indication that the complaints of extreme weather conditions during the seasons will be accompanied by health complications. There is greater indication that gynaecological and obstetric healthcare are taken more seriously because of greater awareness than from any extraordinary interventional action of state instruments of healthcare. Many respondents claim to have been influenced by adverts on maternal and post-natal healthcare, inoculations etc. The adverts are most likely those accompanying Millennium Development Goals (MGD) projects. They claim that better health information management has greatly reduced maternal and infant mortality. 4.1.13 Health Infrastructure and Services. There are no public health institutions in Omagba Phase 2. The nearest one is the General Hospital in Onitsha which is about 4km away. There are, however a few private clinics and alternative health care 22 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 services, including loud peddlers of herbal medicines. Programs of free inoculation for diseases of infancy and pre- and post-natal conditions are said to be available in most primary and secondary health facilities in Onitsha City to great effect in the reducing maternal and child mortality. Provision of health facilities still has a long way to go before the study area can meet the minimum WHO benchmark for sufficient access to healthcare. 4.2 OUTLINE OF SOCIAL NEEDS IN OMAGBA COMMUNITY The problems facing the Omagba Community will be classified under the following sub-headings:  Social Infrastructures. Access to good roads, water, electricity etc..  Access to Educational facilities  Access to Health facilities  Access to environmental Sanitation  Security 23 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER FIVE 5.0 COMMUNITY CONSULTATIONS AND MEETINGS 5.1 COMMUNITY MOBILIZATION The World Bank and other international bodies consider public consultation as a best practice requirement for project sustainability. An information management structure must, therefore, be created for the process of convincing the community about the basis for any project to be located in their domain, the scope of the project and the need for the community to own and safeguard it not as passive observers, but as beneficiaries and stakeholders. Public enlightenment also provides the project-affected community an opportunity for inputs and feedbacks aimed at strengthening the development project and avoiding negative impacts or mitigating them where they cannot be avoided. By so doing misunderstandings and legal tangles are avoided. The identification of key stakeholders and acquisition of social data commenced on Saturday January 11, 2014 during the reconnaissance survey of the Omagba Phase 2 Community. 5.2 PUBLIC CONSULTATION PROCESS The meetings which were interactive sessions were conducted at two separate levels: the community level and individually and small groups for project affected persons. They were used to access secondary information, collect social and health data. The social dynamics of the New Heritage Omagba Phase 2 community were gauged on community interactions, social organization, land tenure system etc. Also useful information on resource conservation, project initiation and supervision were passed on which were well-received. Meetings were convoked at intervals each time the need arose to step down useful information or with individuals whenever a gap was found to exist in data or records during the social evaluations. These meetings were used to extract commitment from the Omagba Phase 2 stakeholders to actively partake in the project activities and own it. The sentiments of those likely to be relocated were noted, while soliciting for the confidence of the stakeholders on the genuineness of NEWMAP. The public consultations were guided by the following principles:  The Social safeguard team first identified and surveyed the vulnerable built-up areas, as well as other project-affected areas with potentials for involuntary resettlement as shown in GIS maps.  The Omagba Phase 2 Community Landlord and Tenants, Association was constantly consulted before every stakeholders’ forum. Contact was maintained with PAPs throughout the study duration for updating of data and other necessary verifications/clarifications.  Public discussions with stakeholders on the project issues  Identification of PAPs and gathering of socio-economic baseline data on them.  Making an inventory of PAPs and affected assets. 5.3 OVERVIEW OF PUBLIC CONSULTATIONS PROGRAMME 5.3.1 New Heritage Public Consultation Forums at “Kedi House” Day and Time: The first public consultation at New Heritage was held at Kedi House near the gully- head at the Onitsha bound side of the Federal dual carriage highway on January 24, 2014 by 1130hrs. 24 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Focus group discussions were also held with the administration of a semi-structured questionnaire for data gathering. There were 19 people in attendance. Plates 5.1: First Public Consultation & FGD at New Heritage. Jan. 24 2014 Opening and closing prayers were said by Rev. S. Chukwu A second public consultation was held on February 11, 2014 BY 1030hrs (also in Kedi House) to discuss some findings with the community stakeholders enlisting their assistance in getting absentee PAPS to respond to the enumeration process going on in order not to leave anyone out of the resettlement considerations. The issue of raising appropriate and competent community-based project committees was also discussed in detail with members of the State-PMU throwing more light on the need for early registration of the committees in readiness for takeoff of project activities. There were 46 people in attendance, most of them identified PAPs. Plates 5.2 The members of the SPMU addressing a public meeting. A third public consultation was held on March 1, 2014 with mostly PAPs and a sprinkling of community stakeholders to discuss project activities and resettlement plans. Disclosures were also made on PAPs enumerated, problem areas where PAPs were yet to be enumerated and the extension of the cut-off date to March 31 to ensure all absentee PAPs were given a chance to be enumerated. Key questions such as time of commencement of construction and project socioeconomic benefits were discussed. Design issues and location-specific impacts of project activities were explained to participants. The public consultations are ongoing and will continue as necessary throughout the project cycle. 5.3.1.1 Public Participation: Nineteen (19nos) persons participated in the forum (Table 5.1). Present were landlords, their representatives, tenants and youth representatives. Others present include land users that is those who used the project-affected locations for income-generating activities. After introductions across the board, the following were recorded as the highlights of the forum. 25 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 5.3.1.2 Community’s Concerns: The participating stakeholders in New Heritage expressed appreciation for the gully rehabilitation project, stating that the New Heritage area hosts both commercial and residential interests to the many inhabitants. They sought to know when the project will take off and hence raised the following concerns:  That NEWMAP should not be another government gimmick as was the case in the past and that the intervention should be non-discriminatory; that is, not designed to favour only a section of the community (a tacit reference to the Omagba 1 and 2 gullies).  That the government should inform PAPs on time when the gully rehabilitation works will commence, to enable them exercise their options early enough.  That the project authorities should ensure that compensation benefits reach the actual PAPs, and not through the elite or proxies.  That practical solutions such as rehabilitation of damaged residential and commercial buildings, creating high-capacity storm drains, upstream flood diversions to dissipate inflow storm energy, creation of detention ponds and stilling basins were suggested as some of the flood management measures.  Many property owners feared their property may be removed during the gully rehabilitation project. The tenants were afraid of forced ejections, without alternatives.  Stakeholders wanted to know how the Federal Ministry of Works can be brought to book because of the poor design of their spillway which reportedly triggered the New Heritage and other gullies in Omagba.  The general preference for the PAPs is for the gully channel and the new fingers to be stabilized to save their property, rather than resettlement compensations.  Some property owners sought projects assistance in recouping losses they incurred through damages caused by the gully erosion, or assistance for effecting structural repairs.  Majority of PAPs rejected mass camps as temporary accommodation during construction phase. 5.3.1.3 Recommended Action The following courses of action are recommended:  Allowing for a practicable timeline for PAPs early evacuation/relocation commencing between before project commencement.  The PAPs in vulnerable sections are aided to evacuate before the next rains, to reduce emergency hazards.  The notification board indicating the duration of each phase of the rehabilitation is provided by the contractor before commencement of construction phase to assist PAPs in planning.  The resettlement committee should be assisted to ensure transparency in dispensing compensatory benefits.  The engineering contractor should show high professional competence; and also demonstrate corporate social responsibility during construction phase by providing employment for skilled and unskilled residents as a way of generating goodwill.  That contractor should put in place appropriate safeguard measures and signage and notices to prevent pubic intrusion into construction work areas for public health and safety.  Anambra State PMU should ensure that the contractor applies site-specific Environmental Management Plan (EMP) to mitigate environmental and social impacts. 26 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Equipment handlers should be educated to show consideration for local residents in the operation and parking of their machine. Residents should not be prevented from going about their lives without avoidable perturbations.  A consolidated financial support for repairs which should be marked up for extremely exposed buildings that might suffer impairments from vibration. 5.3.2 The Decision-Making Process The recommended actions were as agreed in decisions reached between the social safeguard team, PAPs and the representatives of the communities. Some of the concerns which were outside the contemplation of the project, such as funding the repair of previously damaged buildings, waste management etc. were well explained at the public consultations. The proposed gully rehabilitation project phases were envisaged by respondents to have mostly potential positive impacts that will significantly improve the quality of life and security of the residents of the project-affected zones of the Omagba Phase 2 Community. The aspect of indemnifying the PAPs from project impacts was particularly adjudged helpful in generating public goodwill for the project. The envisaged benefits of the project may be summarized as: i. Security of lives and properties within the community. ii. Reduction in emigration as a result of fear and uncertainties. iii. Preservation of property value. iv. Reduction of stress and improved wellbeing. v. Job creation and reduction in unemployment which in turn will help in enthroning social stability within the Omagba Phase 2 Community. vi. The groundwork was laid to involve society at large in environmental conservation through capacity-building on sound watershed management practices and collective environmental stewardship. 5.4 IDENTIFICATION OF STAKEHOLDERS The stakeholders identified in Omagba phase 2 in relation to the proposed gully rehabilitation are the local CBO (Omagba Phase 2 Landlords and Tenants Association); the Project-affected Persons (PAPs) those within an average setback of 20m to the gully shoulders made up of both resident and non- resident persons: landlords and tenants, church groups, artisans eking out a living in the close proximity of the gully corridors, urban farmers and people with other assets which are likely to suffer disruptions or perturbations as a result of project activities etc. Identification of the PAPs was ongoing, and there were repeated calls at project-affected sites where all PAPs could not be initially reached. This caused shifts in cut-off dates in order not to leave out any PAP. 5.5 SOCIAL ISSUES AND HAZARDS The cumulative losses in over seven years since the initiation of the New Heritage gully are considerably huge. The land loss through gullying has over-sensitized the PAPs. The delayed intervention still casts doubts among many stakeholders about the seriousness of Government to intervene in their situation this time. Many stakeholders see the intervention as an opportunity to amass wealth since the World Bank, to their understanding, is synonymous with unlimited financial handouts. For example, a unit leader in one of the mechanic workshops under severe threat from a very active finger of the gully blatantly insists his is the only name required in the enumeration of PAPs. Out of selfishness people like 27 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 this who are showing a predilection to shut out others and corner resettlement benefits meant for those under them should be watched closely. For this particular case not much can be done after the cut-off-date. However, having photographs of individual PAPs will reasonably prevent surrogacy. The enumerators who know the PAPs individually will be handy during the administration of claims. The deprived PAPs under in this enumeration unit may qualify for a revisit at the discretion of the SPMU. Following from above, there are chances that personal and group information supplied by some PAPs are inaccurate, based on anticipatory motives. However, the resettlement compensations will be modeled to completely address the negative impacts on all the PAPs or the closest approximation to that. Other hazards are based on the tenor of land use development in the New Heritage areas. It is expected that the rehabilitation will bring about another rash of unsustainable development in the project-affected area. Such tendencies are already in evidence even before project commencement. Development designs and decisions, poor drainage infrastructure, quackery in construction and the poor waste management scenario deeply reflect general lack of understanding about sustainability which must be among the surest precursors of concentrated runoff, drainage overtopping which triggered the gullying observed in the New Heritage and other sections of Nkisi river basin. There are also generally poor watershed linkages and management activities within the drainage basin which must have been exacerbated by multiple administrative jurisdiction and irregular modes of land acquisition within the area. Concentrated runoff harvest from roofed infrastructure and concrete paved surfaces in large portions of the crest of the major eastern drainage basins of Nkisi River are associated with major gullying processes. The pattern of storm water discharge through the spillway across the Onitsha Enugu expressway without proper termination is typical and must be part of the capacity-building efforts of this study in the drainage basin. With poorly-conducted and diverted floods from the higher-lying sections of the drainage new gully initiation and extension processes are likely. 5.6 GUIDELINES IN COMMUNITY LIAISON Focus group discussions were designed to create an interface between project executors and project- affected communities at stakeholder level; while in-depth studies were employed to source personal information from the PAPs. Both instruments are aimed at data generation and creating a linkage between project implementers and the New Heritage/Omagba Phase 2 Community on the one hand and an interface between the project activities and the project-affected persons on the other: in this case, literally those affected the most by the land degradation, who will expectedly benefit the most from the rehabilitation project. Project activities are aimed at amplifying the envisaged project benefits and mitigating the adverse ones, especially aspects of involuntary relocation of persons. Community consultations are successful when they make project targets clear and acceptable to the community of project influence and also when PAPs are agreeable with activities and provisions of the project phases. Stakeholder acceptance of projects is guaranteed when all stakeholders are in the same loop, voluntarily giving their support and making themselves available for successful project delivery. 28 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 5.7 SUMMARY OF CONSULTATIONS AND MEETINGS WITH STAKEHOLDERS. The following process was adopted for public contact, participation and sensitization:  Meeting with identified community administrators and leaders during which the purpose and targets of the interventional rehabilitation was explained.  Administration of semi-structured social questionnaires for gathering of community baseline information. Explanation of design details to stakeholders  Identification of Project-affected Persons (PAPs) along gully corridors  In-depth survey of PAPs during which study of living conditions and livelihood patterns was undertaken.  Review of compiled social evaluations and crosschecking findings and announcement of cutoff date for enumerations and resettlement responses. 29 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER SIX 6.0 OUTLINE OF POTENTIAL AND ASSOCIATED IMPACTS OF THE REHABILITATION PROJECT 6.1 FIELD SURVEYS AND FINDINGS Detailed field visits commenced in earnest on Friday January 11, 2014 to several segments of Omagba Phase 2 Community, Onitsha: the area of project influence. The field visits were used to identify and undertake detailed inventory of PAPs as well as update baseline information on the project-affected areas; and also to evaluate the impacts of the rehabilitation project on the physical and social environment. The last formal field visit was made on March 1, 2014 and consisted of review of the enumerations made to crosscheck the veracity of data, and possible meeting with absentee PAPs. 6.2 PROJECT ENVIRONMENTAL AND SOCIAL EFFECTS ENVIRONMENTAL & SOCIAL PROJECT ACTIVITY ISSUES ENVIRONMENTAL & SOCIAL EFFECTS Project preparation and mobilization to site.  Disturbance of existing land  Alteration of land value in project area. Potential impacts can often be cost- uses  Effect on sensitive environmental effectively mitigated if sustainable designs  Decreased accessibility of components. are made and environmental plans are project area  Air pollution faithfully executed.  Loss of aesthetics  Demographic changes in project area.  Interference with other  Elimination of sparse vegetal activities with the vicinity components  Community mobilization  Change in local hydrology and  Resettlement of PAPs sedimentation pattern affecting sensitive environmental components proj (Nkisi River etc.)  Mitigation of project impacts on PAPs  Protection of health and assurance of safety Construction Phase  Economic improvement and  Creation of employment empowerment Impacts that cannot be avoided through and economic  Effect on sensitive environmental siting can often be lessened through opportunities. components. planning and sustainable execution of  Disturbances of existing  Increased storm discharge but reduced design. habitats and land uses sedimentation in Nkisi river  Restrictions and  Air and noise pollution. perturbations  Demographic changes in project area.  Production of fugitive gases and SPM, vibrations. 30 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Operation Phase  Creation of employment  Better empowerment of local people Being a localized project, the impacts of are opportunities in and economic stimulation directly related to the local environment maintenance.  Diversification and sustainability of and its sensitivities. The location in a  Improvement of business livelihood patterns residential area, which implies the tempo.  Increased infrastructural development proposed facility will impact and get  Attracting new developers tempo impacted by human activities and infrastructure.  Adverse Impacts during operation phase  Shoring up property value can be avoided or mitigated through  Creating an off-limits zone production best practices, technical expertise and supervision.  Channel maintenance problems Table 6.1 Summary of project activities and their environmental and social effects Plates 6.1 Affirmation of public acceptance of rehabilitation project during consultations Plates 6.2: Confidence restored, increased development initiatives at gully margin 6.2.1 Classification of the Potential and Associated Impacts of Project Phases. Each phase of the project cycle will have impacts associated with it. The phases, the impacts and relevance to the RAP are as follows: PRELIMINARY ACTIVITIES ENVISAGED IMPACTS IMPACT CLASSIFICATION  Technical Preparations:  Prospect of rehabilitating the New Heritage gully Positive  Designs and engineering brings relief to the Project-affected Community. Impact measurements;  create points of entry for the resident and non-  Contact with community and PAPs resident PAPs and other PAPs in project execution (consultations, FGDs, enumerations  Involvement of stakeholders in project and ,, and resettlement assessments). resettlement planning ensures project sustainability and the full deployment of local resource for project delivery.  Boosted to local property value as the degraded lands ,, are set to be rehabilitated  Actual resettlement takes care of worries about involuntary displacement and loss of income. ,, 31 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Mobilization to Site: i. Expectations of improved public safety/removes  Movement of persons and equipment uncertainty; psychological boost within the Positive into community. But it will also cause community. ii. In-migration: population influx: change in social dynamics; social vices, air pollution, waste Negative generation; apprehensions: livelihood perturbations, impending restrictions, inflation, increased cost of living; hiked rentals etc.  Further proof of a brighter future. Positive  Construction Activities:  Improved employment and empowerment of  Technical execution of design. stakeholders; access to project benefits Positive  Installation of remediation structures.  Restrictions, perturbations, noise and air pollution ,  vibrations etc. Negative  Commissioning/Operation:  Displaced PAPs return to homes and workplaces Positive  Improved storm water management.  Tenants return and landlords generate incomes from  Relief for all residents of New Heritage; rentals ,,  Improved storm water discharge,  Benefits of non-structural intervention manifest in  More stable landscapes; displaced inclusive sustainability through watershed persons return to homes and management activities. ,, workplaces; lost rentals return to  Sustained benefits through maintenance and landlords. Benefits of non-structural community protection of civil and biological interventions manifest in improved components. ‘’ waste Table 6.2. Impact classification for project component 6.3 INTEGRATED IMPACT MITIGATION STRATEGIES Although the positive impacts far outweigh the negative ones, the benefits will last for as long as the following conditions are met:  The inflow floods will be under control for as long as it remains within the range of the design flood. With the speed dissipation device (stilling basin) in place and well maintained the civil and biological rehabilitative components will always have a performance level that will effectively prevent both flooding and erosion.  Hazardous constructions such as stilling basins and rock check dams must have safeguards against injuries to persons, property (including free-ranging animals) and the environment. Other mitigation plans such as pest control also apply.  Repairs and maintenance of the channel after construction should be considered top priority by residents, resource users, developers and watershed managers to maintain the design channel capacity at all times by regular de-silting, evacuation of solid waste deposits to avoid, overtopping, overland flow and surcharge.  Full design details must be followed throughout the gully course to ensure the sustainability of the rehabilitation. HSE awareness, however, has to be created for hazards inherent in the storm water management components. 32 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  The areas of slope stabilization through vegetal propagation must be maintained always.  Rapidly growing indigenous or adapted vegetation of compatible root strength must be used where possible/applicable, except where the storm profile requires otherwise.  Inflow storms must be monitored always to ensure they do not exceed the design flood. In the event of excessive hydrologic shoot up, safe flood diversion should be considered as contingency measure in order not to overburden existing drainage capacity.  Land use management principles must be enforced to prevent further development on marginal lands such as floodways.  The construction phase of the project must be awarded to reputable engineering firm having multi-disciplinary technical manpower, for accurate design interpretations and execution.  Paved surface areas in the Nkisi river drainage basin must be urgently minimized as a statutory requirement for all developers in order to keep within manageable hydrodynamics.  Improved solid waste management regime to prevent drainage obstruction.  Avoidance of sand mining operations in all parts of the Nkisi watershed to protect the course capacity of Nkisi River from silt buildup.  The importance of water harvesting as a way of assuring water conservation and runoff mitigation should be encouraged, as against indiscriminate water mining which might introduce new geological risk profiles.  Giving psychological support to those living with the most extreme hydrological hazards of loss of investment and safety and encouraging them to relocate when the risk tilts.  Landowners and users will be compensated according to this RAP. 6.4 DEFINITION AND IDENTIFICATION OF PAPs The project-affected persons can be categorized as the following:  Owners of properties or other assets within the permissible setback from the gully corridor.  People living in properties within the permissible setback.  People who earn their living within the permissible setback from the gully corridor  Owners of farmlands or economic trees within the permissible setback. PAPS are determined by the engineering design details of the gully rehabilitation project. A setback of 20m from the gully shoulders is guaranteed by the engineering design as adequate for safety from physical damage, meaning that structures or activities within the range cannot be guaranteed the same level of safety in the course of the civil construction. Persons, households, structures and assets within this margin will, therefore, be project-affected, even without any physical threat of damage or removal/displacement. Because of the varying intensity of the activities at different sectors of the gully channel, this clearance will be extended in areas where the impact of activities are likely to be high at more than 20m. Resettlement considerations will thus be extended to such persons, assets or livelihood activities. 33 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER SEVEN 7.0 PROPOSED RESETTLEMENT ACTION PLAN 7.1 ELIGIBILITY FOR INVOLUNTARY RESETTLEMENT This World Bank involuntary resettlement policy (O.P/BP 4.12) takes care of the direct economic and social impacts that will occur as a result of the New Heritage gully rehabilitation assisted by the Bank. The stipulated conditions under which the policy applies include:  When there is need for land acquisition for construction of structures, accesses, and workers camps etc., during project implementation.  When loss of assets including land, property, and/or access to natural and/or economic resources, sources of livelihood as a result of activities related to the project are inevitable.  When there is restriction of access to areas already freely used by persons in the host community. Civil works and other project activities in the New Heritage gully rehabilitation have the potential to displace people and interfere with livelihood activities. There may also be marginal land acquisition, or damage to assets or agricultural materials or property. On the strength of these potential impacts, the Resettlement Policy Framework (RPF) report discussed in detail the applicability of OP 4.12 under the following broad conditions:  To avoid or minimize involuntary resettlement where possible, and exploring all viable alternative project designs to ensure this.  To assist project PAPs in improving their former living standards, income earning capacity, and productivity levels; or at least ensuring they are restored to a level not lower than their pre- project status. The attainment of these goals will be ensured by encouraging community participation in project planning, implementation of resettlement plans and provision of assistance to affected people regardless of the legality, or otherwise, of land titles. 7.2 ENTITLEMENT POLICY Since the project entails the rehabilitation of existing gully corridor, no new land take is envisaged. Land displacement, however, might occur but only to the extent of the gully propagation, newly- initiated gully fingers, soil degradation or subsidence around the corridors, unstable gully shoulders etc.; or provision for impoundments (retention/detention ponds), which are not parts of the engineering design. Other project activities with impact implications include noise and vibration from plants and equipment to be deployed during the construction phase which on their own could cause subsidence around the gully corridors. From a technical point of view, these might necessitate land appropriation for creating right-of-way (ROW) for the new storm water conveyance channel. There may also be the odd situations where HSE safeguards may be triggered to ensure that PAPs face no mortality or morbidity hazards during or after the rehabilitation project. On the above basis, project affected persons (PAPs) are mainly those living perilously close to the gully corridors, and urban farmers whose crops and productive land are likely be damaged by project 34 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 activities. Also persons employing their sites for other livelihood pursuits such as mechanics and other artisans whose livelihoods are threatened by envisaged project activities. They also include tenants in structurally-affected buildings that might suffer further damage as a result of project activities. Also property owners whose fences, signets, kiosks or other structures are likely to be affected are included. Project Affected Persons (PAPs), as a result of the above, would be entitled to the following types of compensation and rehabilitation measures. 7.2.1 PAPS Losing Structures along the Gully Corridors  Ordinarily, all PAPs concerned are considered to be those with legal rights of land use. However, WB OP/BP 4.12 has a non-discriminatory outlook for all persons likely to be affected by the project activities, whether they have legal rights or not. Resettlement compensation will be for all land users, regardless of whether they have genuine Certificates of Occupancy (C-of- Os) and development permits or not. However, those with legal titles will be compensated for loss of land at full replacement value. There shall also be compensations for livelihood structures and other assets on land, to the same extent as applicable to PAPs with legal rights of land use. Land appropriation is projected to be minimal in the engineering design.  There could be good cases for land compensation for those with genuine Certificates of Occupancy (C-of-Os) and development permits. The others will be compensated for livelihood structures and other assets on land, to the same extent as applicable to PAPs with legal rights of land use. 7.2.2 PAPs Losing Economic Trees  Full compensation will be paid for the estimated market values of the economic tree in at least two seasonal harvests. 7.2.3. Persons Likely to be displaced from Livelihood Activities on the Gully Corridors  These include all the PAPs whose workshops or other livelihood pursuits will interfere with project activities as a result of their location relative to the gully channels (those on the gully shoulders). Such PAPs will be paid the replacement value for their assets to be removed.  PAPs will also be compensated for livelihood restoration due to loss of business days which will be determined by the expected number of days of construction. 7.3. VULNERABLE GROUPS. These include the urban poor (especially those living below the poverty line) trapped in residential arrangements threatened by the advancing gullies. Some of these PAPs may be at high physical and health risk when project activities commence through gaseous emissions, vibrations and movements accompanying the operation of project equipment. Such people will require urgent relocation/resettlement first, putting into consideration their coping limitations, on account of their 35 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 economic handicaps. Identified among these are widows and female-headed households, subsistence urban farmers and daily income earners. 7.4 ENTITLEMENT MATRIX USED IN NEW HERITAGE 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 preferred land priority, or Cash compensation at replacement value 1.1 Cultivable/residential based on market rate plus 10% compulsory (b)Occupancy/Hereditary acquisition surcharge as second option /commercial land 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-construction abutting sub-project site) condition or cash compensation at prevailing rates (b) Village/s or clan/s with for necessary bulldozer/ tractor hours to restoring 2.1. By excavation etc. from customary ownership level and/or truckloads of earth for fill borrows for earth for construction. 2.2. (a) Legal owner/s 2.2 Provision of water course to connect severed segment with source of water 2.2 By severance of (b) Village/s or clan/s with agricultural holding customary ownership 3. Loss of income and 3.1.Cultivator occupying 3.1. Estimated net income for each lost cropping livelihood land season, based on land record averages of crops and area planted in the previous four years 3.1. Temporary loss of access to land for cultivation 3.2. Loss of agricultural crops, 3.2. (a) Owner/s of crops 3.2. (a) Cash compensation for loss of agricultural and fruit and wood trees. or trees. Includes crops crops at current market value of mature crops, trees owned by based on average production. 3.3 Loss of income by encroachers/squatters agricultural tenants because of Compensation for loss of fruit trees for average fruit loss of land they were (b) /tenant production years to be computed at current market cultivating value. 3.3 Persons working on 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 36 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Type of Loss Entitled Person Description of Entitlement 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-up Structures structures whether or not structures at full replacement costs the land on which the 4.1 Residential and structure stands is legally Owners of affected structures will be allowed to commercial structures occupied take/reuse their salvageable materials for rebuilding/rehabilitation of structure in a place where they can reside and/or work legally (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. Assistance with livelihood restoration (e.g. training), as required. (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 the community structures /facilities Project; or, Cash compensation for restoring School, church, water Community affected cultural/community structures and channels, pathways, and other installations, to the recognized patron/custodian. community structures/installations 5. Special provision for 5.1 Women headed 5. Needs based special assistance to be provided vulnerable PAPs households, disabled or either in cash or in kind. 5.1.Restablishing and/or elderly persons and the enhancing livelihood landless 37 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Type of Loss Entitled Person Description of Entitlement 5.2 Change in Livelihood for 5.2. (a) Vulnerable PAPs, 5.2 (a) &(b).Restoration of livelihood (vocational women and other vulnerable particularly Women training) and subsistence allowance @ agreed rate PAPs that need to substitute enrolled in a vocational per day for a total of 6 months while enrolled in a their income because of training facility vocational training facility adverse impacts 5.2. (b) owner/s whose landholding has been reduced to less than 5 acres Unanticipated adverse impact The Project team will deal with any unanticipated consequences of the Project due to project intervention or during and after project implementation in the light and spirit of the principle of the associated activity entitlement matrix. Table 7.1: Entitlement Matrix showing categories of project affected persons, type of loss and compensation 7.5 ELIGIBILITY CRITERIA FOR AFFECTED PERSONS Persons to be considered eligible for compensation and/or resettlement/relocation are those who will suffer loss or damage to assets, businesses, trade or loss of access to productive resources, as a result of the project activities. Because of the prevailing field conditions, the cut-off date for compensation eligibility and/or resettlement assistance will need to be flexible. Many property/asset owners were yet unidentified as at February 24th, 2014 when the last socio-economic survey was completed. Repeated visits and multiple calls even at odd hours helped in contacting all PAPs as documented. Although reasonable public awareness was created in the New Heritage community through the community leaders and the neighbourhood association, the completion of the census should represent only a provisional cut-off date for eligibility for resettlement assistance. It is recommended that, having identified at-risk assets through geo-locating them with hand-held GPS and having thoroughly evaluated them, genuine claims of asset ownership should be entertained up to March 31, 2014. The cut-off date is recommended to be extended accordingly. Individuals or groups who were not present at the time of registration but who have a legitimate claim to membership in the affected community before this date should, therefore, be accommodated. Such groups might include absent family members, those engaged in migrant activities or non-resident users of local resources on a seasonal basis. In the occasion of a significant time lag between the completion of the census and implementation of the RAP, resettlement planners should make provisions for population movements and/or natural population changes and expansion of households. This may recommend a repeat census. Enumeration errors, omissions and concessions are conceded and as a rule should be compensated for. On this basis, immigrants into the project area after the cut-off date should not be entitled to assistance. 38 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 However, the cutoff date was extended beyond the predetermined date because of the urban features and complications caused by the movement of persons. This was to make sure that no legitimate PAP was left out. 7.5.1 Definition of PAPs  All persons possessing formal legal rights to land, including customary and traditional rights recognized under the laws of the Federal Republic of Nigeria.  All persons who do not have formal rights to land at the time the census begins but have a claim to such land or assets thereof, and became recognized as such during the census.  Those who have no recognizable legal rights or claim to the land they are occupying (vide WB OP/BP 4.12). 7.6 PROOF OF ELIGIBILITY The following evidence will guide the Project Implementation Unit (PIU) as proof of eligibility as stated in the Resettlement Policy Framework:  PAPs possessing formal legal rights, documented in the form of land title registration certificates, leasehold indentures, tenancy agreements, rent receipts, building and planning permits, business operating licenses, and utility bills etc. Unprocessed/unregistered formal legal documents will be established in the RAP.  PAPs possessing no formal or recognized legal rights or criteria for establishing non-formal, undocumented or unrecognized claims to eligibility. Cases shall be dealt with based on their individual merits. There may be need to employ alternative criteria for proof of eligibility such as:  Affidavit signed by landlords and tenants.  Witnessing or evidence by recognized traditional authority, community leaders or other credible referees. As stated earlier, only PAPs sampled and enumerated during the baseline survey shall be eligible for either the compensation or supplemental assistance or both. Despite the shift in cut-off-date to March 31, 2014, the previously recommended January 31, 2014 remains valid for existing structures, assets and land uses. Because the NEWMAP public enlightenment on land use hazards and risk-reduction has been on for quite a while, new structures or additions to existing structures or livelihood claims not established before this cut-off date are regarded as anticipatory and, therefore, will not qualify for resettlement, compensation or supplemental assistance. 7.7 NOTIFICATION All properties to be affected by civil works accompanying project activities have been assessed according to laid down procedure. Owners of affected assets/properties have also been notified in the best practical ways about their rights under the provisions of World Bank Safeguard Policy (OP 4.12). 39 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 These included direct notifications during the socio-economic survey, and also during the public consultations. A compensation valuation of all affected properties was calculated to commensurable values. In addition to livelihood disruptions and damage to agricultural investments, temporary relocations are the major resettlement issues envisaged. Table 7.2 below shows household heads, enumeration units, and estimated resettlement value. The 162 PAPs are as listed in Appendix 2 below 7.8 VALUATION REPORTS FOR THE RAP FOR THE NEW HERITAGE GULLY EROSION REHABILITATION.  BRIEF OUTLINE 7.8.1 Date of Inspection/Valuation Consultant’s Social safeguard team (Sociologist, Surveyors/ Valuers, Lawyer) visited and inspected the affected area (lands, buildings, economic trees, goodwill etc.), meeting the PAPs, evaluating their living conditions/livelihood activities. The study effectively commenced on the 17TH day of January, 2014 and the valuation exercise was by metric measurements and field notes/data collection completed on February 24, 2014. This was extended to March 31, 2014 in order to have contact with every individual adjudged to be likely to be affected by project activities within the Project-affected Community. 7.8.2 Purpose of Valuation The major objective of this valuation exercise was to determine what assets belonging to the PAPs will be affected by the NEWMAP gully erosion rehabilitation project activities, and to determine adequate compensation/ resettlement value of the affected assets, interests and goodwill. The assets considered to be severely affected are either physical or economic and the project activities considered include gaseous emissions, movements and vibrations by equipment and tools; direct or indirect activities during the rehabilitation project, including in-migration of workers and the attendant social pressures. The damages likely be encountered by the PAPs include loss of valuables e.g. loss of accommodation (mostly temporarily), encroachment on lands, damage to buildings, workshops, business premises, economic trees, etc. during the project activities. This valuation report therefore will serve as a guide to determine the way the displaced persons could be equitably compensated or resettled, as justification for the commencement of the rehabilitation project in the first place. 7.8.3 Basis of Valuation The target of this valuation is to determine the replacement cost of the assets to be affected by the project activities and to recommend equitable compensation or relocation as a component of the resettlement action. That is to say, to assign compensation regarded as commensurate or of equivalent utility to the loss(es) suffered by each individual PAP, on the basis of current prices or rates in the local environment. Also linearly, the plan will address the cost of relocating persons reasonably burdened with economic losses, health and safety risk or other disadvantages. The cost imperatives for replacing or relocating buildings are considered prohibitive and will not be accommodated by 40 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 project budgets. These are the basis for deliberations between consultants study team, the PAPs and the local stakeholders considering other remediation actions: repairs/rehabilitation/recovery. Each individual local project committee/sub-committee is guided by this view in their deliberations and activities. 7.8.4 Limiting Conditions / Assumptions This valuation report is subject to the following limiting conditions:  That the descriptions provided by the respondents regarding their situation, or activities (secondary information) agree with observable circumstances created by the erosion affected site (primary information), along with the expected project activities as deductible from project engineering designs. The legal titles of allocation are assumed to be correct and unencumbered.  That the information volunteered by the respondents regarding this valuation is correct.  Volatile changes in the local market prices have not been taken into consideration in arriving at the opinions on value, mostly because of time constraints. A margin of 10% should cushion inflationary trends.  The valuation report is issued for use only for purposes of estimations of project viability and application of rationality in other phases of the rehabilitation project, to wit: construction and post-construction phases.  For the user of the content of the valuation to derive full value, the basis and method of the valuation must be appreciated.  This report is compiled on the basis of data obtained from visual inspection and relevant in- depth information from respondents in the identified area of project influence, as well as knowledge of the local market environment.  Some of the targeted respondents could not be reached within the timeframe for effective enumeration and the advertised cutoff period (of two weeks). There is a chance that some of the PAPs will relocate on their own, from personal threat perception or endangerment of their livelihood. Some may even travel out and cannot be easily reached. Some others could not be persuaded that the purpose of the exercise was not forceful eviction. The rest few did not believe that anything good will come out of the exercise, maybe from previous perceptions and experiences of governmental performance. The responses obtained from neighbours, surrogates or representatives in those cases were thus relied upon, despite the limitations. 7.8.5 Sources of Information Details given in this report were obtained as follows:  Regarding the descriptive details: from visual inspection of the affected assets (primary sources).  Regarding the interest in the properties from the information given: from neighbourhood respondents (secondary sources). 41 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Regarding cost, prices and rates from evidence of numerous recent market transactions and information provided: from practicing estate surveyors and valuers, and professionals/consultants in the property Industry (professional opinion/inputs). 7.8.6 Scope of Valuation The valuation reports include the following:  Rents for temporary relocation/ accommodation and relocation costs.  Value of economic activities (Livelihood pursuits in the project-affected area)  Value of agricultural components: Farms and economic Trees  Goodwill was considered, but found too intangible to be evaluated under prevailing field conditions. The buildings considered are those within 20m set back from the gully shoulders and 50meters around the gully head. Assets, properties and livelihood activities (including residential tenements) found within this margin were further subjected to location-specific impact evaluations before opinions on value. In some cases structural damages on buildings were considered significant impacts deserving of resettlement opinions. For tenants, the primary consideration was on health and safety, as well as the impacts on livelihood activities and their ability to cope, if resettled. The 20m and 50m benchmark respectively was but based on the following considerations:  The engineering design details. The design approach contains more structural than biological components. However, it was detailed to avoid normal pitfalls such as excessive storm water velocity/energy, scouring, overtopping etc., for which reason the physical impacts on structures, persons and assets beyond 20m are likely to be minimal and within the scope of the RAP mitigation strategies. The gully head areas are the exception because of the intensity of plant operations and raking of dust from cut-and-fill operations, explaining why the minimal setback for resettlement considerations at the gully head 50m is radius.  The activity profile of the gullies and the intensity of triggering mechanisms. Using setbacks of higher values would astronomically spike the indicative budget, but not necessarily proportionately, putting the project bankability in doubt.  The stakeholders in New Heritage area affirm that fixing the gully erosion is of more long-term value to them than strictly financial compensations for resettlement. This was more so for property owners. No single tenant-PAP was opposed to relocation for health and safety reasons. 7.9 VALUE INDICATOR / ANALYSIS Value indicators are factors, actual or constructive, that influence the value of a landed property in its present location and condition. In this valuation exercise these indicators are considered evidences. In real estate evaluation, these value indicators normally take the form of transfer price, current construction cost rates and rent passing on the appraised properties. Investment in real estate is seen as a hedge against inflation in our economy. People have many personal or economic reasons for investing in real estate. 42 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 The relevant valuations are on rents, incomes, access, goodwill and agricultural components. Opinions on values on these indicators will be based on factors examined in Omagba rent analysis in Section 7.11. In the quest to gather valuable information to ensure placing adequate values on resettlement issues arising from evaluation of the properties, assets, livelihoods and welfare of PAPs to be affected by the gully rehabilitation project in New Heritage, meetings were held with individual property owners and residents generally during the in-depth studies. Some of them include those whose properties were badly affected by the erosion; every individual PAP was interviewed, to gather their general inputs in the valuation process. Part of the discussion was their reasons for investing in real estate in the area; the choice of location and how much regulatory influence was brought to bear in their due diligence. Some of the answers and explanations gathered reflected the outlook and expectations of the PAPs on the proposed rehabilitation project. Here are their major (and varied) explanations: 1. Real estate Investment provides better yields (rental yield) compared to other investments like stocks, bonds, fixed deposits etc. 2. That real estate is a trans-generational investment. 3. Like for the average business men amongst them, they see their landed property as a pension scheme, in an economy of many uncertainties. 4. The tenants among the PAPs adduced many reasons including closeness to the highway, place of work, patronage, markets, safety etc. For a few others New Heritage is just the place they found abode. The potential and actual vaporization of these investment considerations in the face of the devastating gullies is the reason most of them are aggrieved and apprehensive over the serious challenges to their survival and interests. On the strength of the emotional and economic attachment of the PAPs what mattered more was for the rehabilitation process to commence before the next wet season, the reason for their support for the project and willingness to make sacrifices to ensure its success. In evaluating the affected properties to determine their reinforcement value, other variable interest subsisting in the affected properties were also considered. These interests include intangibles such as goodwill, emotional attachments and worldviews of the affected persons. 7.10 OMAGBA PHASES I AND 2 PROPERTY MARKET In general Omagba area is a well planned residential layout located at the Onitsha-bound side of Onitsha – Enugu expressway. This layout is a medium density residential area within Onitsha metropolis with well laid out road networks many of which are dirt roads, although there is improving road and drainage infrastructural construction in this part of Onitsha metropolis. Gated entrances/exits and armed local vigilante suggest there is adequate security of lives and properties in Omagba Layout. There is relatively vibrant social ambience within the layout and a general feeling of elitism as many well-heeled and successful business men and professionals live in the area. Buildings are said to be constructed strictly in accordance with Town planning approvals, which says a lot about the performance of land use regulatory authorities. Land value is on the increase in and around the layout due to population pressure and ever-increasing demand for land for residential 43 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 purposes (mainly). Despite the scourge of land degradation, many new investors are still attracted to the area. A standard plot of land measuring between 500m – 600m within Omagba Phase Layout goes for between N6.0m –N9.0m, with marginal variations due to the location. Based on the above assertion, the Omagba property market is regarded as very attractive. 7.11 VALUE INDICATORS FOR PROPERTIES AND ASSETS 7.11.1 Omagba Rental Analysis Omagba Phase layout commands relatively high rent passing in Onitsha property market. Rents passing on comparable properties within the neighbourhood of the appraised properties (Replacement Rental value) are stated as follows in Naira: o One room N3,000 – 3,500 / mth = 24,000 – N30,000 / pa o One room self-contained N3,800 – 4,500 / mth = 36,000 – N42,000 /pa o One room & palour N5,000 – 6,000 / mth = 60,000 – N72,000/pa o 2bed rooms flat N8000 – 10,000/ mth = 96,000 – N120,000/pa o 3bed room flat N12,000 – 15,000 = N144,000 – N180,000/pa o 4bed room semi-detached duplex N 25,300- 30,000=300,000- 360,000/pa o 4bed room detached Duplex N 400,000 – 450,000/pa o 5bed room detached duplex N500,000- N 600,000/pa 7.11.2 Value Indicators for Agricultural Products The valuation on croplands is based on surveys on the local markets and yields from the farms. Average annual yields of fruit trees and economic plants is as follows: ● One sq. m of cassava, for example, yields N300 – N350 naira. ● Mango ≈ N10, 000/year ● Avocado Pear av. ≈ 5,000. - – 7000 ● Pawpaw ≈ N700. ● Suckers ≈ N2, 000 ● Guava ≈ N1, 800 – N3, 000. ● Pineapple ≈ N2, 000 ● Citrus ≈ N3, 000 –N4, 000 44 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 7.12 COMPENSATION FOR LOSSES AND DISPLACEMENT Fig 7.1 Sketch of the New Heritage project area showing locations of potential resettlement liabilities 45 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 S/NO. LOCATION OF PROPERTY NAMES OF HEADS OF ESTIMATED ENUMERATION UNITS/PAPs RESETTLEMENT VALUE (ERV) # 1 KM ½ Onitsha – Enugu Expressway - Omagba Phase 2 Onitsha Kedi’s House - o o (N 06 08’ 54’’/ E 006 49’ 11’ Garmin Quest GPS’). - - - - - - - - - - - - - - - - 2 Obasi Motors(N 060 08’ 54.3’’; E 060 49’ 10.3’’ - Garmin Quest GPS ) 3 NO. 9A Heritage Avenue Omagba Phase 2 - Onitsha (N 060 08’ 56.5’’; E 0060 49’ 10.2’’ Garmin Quest - GPS) 46 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 - - - - - - - 4 No. 9B Heritage Avenue Omagba Phase 2 Onitsha - N 060 08’ 56.3’’; E 0060 49’ 9.8’’ Garmin Quest - GPS) - - - - - - - - 5 No. 7A Adazi-Enu Street officially known as Plots - 59 and 60 Omagba Phase 2 Onitsha (N 06.150660; E 006.81 7930 (Garmin 78s); - N 06.150700; E 006 81 8070(Garmin 78s) - - - - - - 47 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 TOTAL - 6 No. 7B2 Adazi-Enu Street Officially known as Plot - 58 Omagba Phase II Onitsha. (N 06 .150450; E006.81 8740 (Garmin 78s) - - - No. 7B1 Adazi-Enu street - TOTAL - 7 No. 7C Adazi-Enu street(N 06. 1507400; E 006.81 No Entitlement 81100 (Garmin 78s) 8 No. 6 Adazi-Enu Street Officially known as Plots 37, 38 and 39 Omagba Phase II Onitsha. 3-Bedroom Block - - - 1-Bedroom Block - Mechanics’ Workshop - ,, - ,, - Caterer - Mechanic - ,, - ,, - ,, - ,, - Caterer - 48 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 TOTAL - 9 Assembly of Yahweh in Messiah (N 060 08’ - 54.2’’; E 0060 49’ 09.0’’ Garmin Quest GPS). 10 Christ own Prayer Ministry/Mechanic workshop (N 060 08’ 54.3’’E 0060 49’ 10.3’’) Mechanics’ Workshop - - - - - TOTAL - 11 No. 8 Chime Close officially known as - Plot 33 and 34 Omagba Phase II Onitsha - - - - - - TOTAL - 12 No. 5 Heritage Avenue Omagba Phase II Onitsha - property of Mrs Chinyere NO ENTITLEMENT N 060 08’ 55.8’’ E 0060 49’ 07.4’’ Garmin Quest GPS 13 KM1 Onitsha – Enugu Expressway Omagba Phase - II Onitsha Greater Grace and Fire Assembly and - Wind Breakers Academy. (N 060 08’ 54.3’’; E 49 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 0060 49’ 10.3’’ Garmin Quest GPS) TOTAL - 14 Electric Welder (Beside Greater Grace Church) - 15 Next Mechanic Workshop (West side of Greater - Grace Assembly)) - - - - 9. Removal of 3 immovable - vehicles TOTAL - 16 No. 7 Chime Close Church building under construction - at No. 7 Chime Close GRAND TOTAL - Table: 7. 2 Household , enumeration units likely to be affected and estimated resettlement value 7.13 METHODS OF VALUATION FOR COMPENSATION The following valuation (value-for-compensation) methodology was used in arriving at the opinion of values used in this report: i. The Direct Market Comparison (DMC) method ii. The Investment / Return on Income (IRI) approach to valuation iii. The Replacement Cost Approach (RCA) to valuation. The Direct Market Comparison method is based on the evidence of recent sales of comparable/similar assets in the area with necessary adjustments made to "any special features of the appraised assets such as; Age, Size, Location, Construction cost and Rent passing, before arriving at the opinion of value. The Replacement Cost Method is based on the total cost of reproducing a similar asset and other improvements on the land, less depreciation due to physical and economic obsolescence, with the resultant amount added to the value of the land to arrive at the opinion of value. 50 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 The Investment Cost Approach presupposes that the subject asset commands or has the propensity to command an Annual Income Flow. A gross figure is determined which is deductive and outgoing. The net figure obtained from a Capitalization Rate and consequently the property values from these methods of valuation are correlated to arrive at the opinion of replacement value. 7.13.1 Other Valuation Considerations  Land Resettlement. The World Bank OP 4.12 requires that displaced owners of land be provided with an area of land equivalent to their displaced land. Land restoration should be in a location that has similar value as the one displaced to the project.  Disturbance and Other Incidental Contingencies. Provision will be made for affected business premises which will have to close shop or be relocated. Compensation will be given for loss of business time, and/or assistance for transportation where applicable.  Although relocation is as much as possible suggested to be avoided because of the teaming number of people affected in the densely populated urban environment, yet suggestions on provision of a lump resettlement camp may be considered for the most vulnerable persons in the project area. Most PAPs rejected this option. 7.14 CLASSIFICATION OF AFFECTED STRUCTURES Affected structures are classified as follows:  Immovable Assets. These consist of all structures/property that are not moveable (Immovable) such as buildings, fences and economic trees and farmlands, etc.  Moveable Structures/Property. These include motor vehicles, working equipment such as gas and carbide cylinders (for welders), Kiosks, Metal sign posts, Overflow canopies, Tables, etc. The affected assets in the project areas are mostly immovable – structures, farmlands and economic trees. The PMU will arrange and make payment of the estimated values of assets to the beneficiaries, to enable the PAP’s begin early readjustment by arranging for relocation (alternative accommodation or resettlement elsewhere). This will help their recovery process and improve their chances to recommence their livelihood pursuits without prolonged adverse impacts. 7.15 PAYMENT OF COMPENSATION 7.15.1 Compensation to Owners of Immovable Structures Compensation paid to owners of immovable assets shall be based on assessed values of those assets, and will be paid by the PIU or any other parties such as will be appointed or agreeable to all stakeholders (the Federal Ministry of Environment, Anambra State Ministry of Environment, the World Bank, PAPs, the New Heritage Community Leaders, NGOs etc.). Compensation to owners of structures will be based on the:  The cost of replacement of structures.  Income loss per day of the construction operation, or for as long as it takes to get them adequately resettled, estimated at about 60 days. (This is subjectively the time it will take 51 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 the Project Affect Persons to move and adjust for business in an alternative place. It pays for income loss for the number of days in view of the fact that some of the PAPs live on meager daily incomes.  The cost of economic trees shall be based on the price of the estimated yield for at least two seasons.  The cost of agricultural crops shall be paid at full market price 7.16 IMPORTANT NOTES ON VALUATIONS AND ENTITLEMENTS Based on the Entitlement Matrix and Valuation procedures the total cost of compensation and assistance is given in Table 7.3 below. The register of the PAPs is in Appendix 2. A lot of property was observed on the gully corridors, revealing poor land use regulatory monitoring and enforcement in New Heritage areas. About 13 buildings are vulnerable by their location on the gully shoulders. At least 10 buildings, their fences or lateral support have been considerably damaged by the gullies. Yet a good number of the developers possess genuine Certificates of Occupancy, development permits and approved development plans, raising questions of regulator culpability. If an ignorant investor was permitted to build on sensitive land such as a floodway or floodplain, and his or her investment (property) suffers damage as a result of hydrological erosion or flooding, who bears liability for the losses? This issue is important for deliberation for the following reasons:  The NEWMAP rehabilitation project did not cause the damage or losses, but the buildings and their occupants could suffer impacts as a result of the project because of their location.  With the teeming number of property owners and buildings affected and the cost of repairs and/or resettlement will definitely make high fiscal demands and spike the project costs. The following options were, therefore, considered in cushioning the impacts of the existing gullies: (1) Evacuation of tenants in the most vulnerable buildings to ensure their safety before the next wet season. (2) Taking the option of rehabilitating the gullied expanse in order to prevent further damage to the vulnerable buildings and extend a measure of technical help in restoring the integrity of the structurally affected buildings (not contemplated by the rehabilitation project). (3) Encouraging property owners to retain the services of experts in redesigning and fortifying their building, once the land degradation around them has been arrested. (4) Using the statutory powers of land use regulatory MDAs to prevent further development in vulnerable areas to avert increasing the load on the unstable landscape. (5) Emphasizing the immediate need to commence the Watershed Management aspects of the NEWMAP in the construction of adequate drainage conduits, repair of dilapidated ones and applying the principles of urban growth management in subsequent land use development in the drainage basins feeding the gullies etc. 7.17 CUT-OFF DATE. 52 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 i. The cut -off date for eligibility for relocation/compensation/assistance shall be February 28, 2014 (later extended to March 31st 2014 because of field conditions, to ensure no PAP was left out). ii. All structures and building erected after 2011 NEWMAP initiative are considered not entitled to any compensation, because they were merely deliberately anticipatory. 7.17.1 Resettlement Options For the teeming populations in the project areas relocation strategies are:  Option A. Financial assistance for temporary/permanent relocation through financial support.  Option B. Creation of resettlement camps as alternative accommodation since the rehabilitation project will be over in months  Option C. The no-resettlement option is no option at all, considering the stringent World Bank stipulations. Of all the options, A is the most practicable for the flexibility it offers the PAPs. The feasibility for Option A is prepared as shown in Tables 7.2 and 7.3 7.18 LIVELIHOOD RESTORATION PROGRAM Livelihood restoration is an important component for the resettlement of PAPs who have lost their productive base, jobs, or other income sources, regardless of whether they have also lost their houses. The livelihood restoration program is the most important as far as the RAP of Omagba is concerned since as indicated the livelihood of more than 162persons will be negatively affected due to land acquisition and dislocation. Experience in other RAPs conducted elsewhere in the country shows that it is a program which for many reasons is either overlooked or is not properly implemented to address the needs of PAPs. The basis for the livelihood restoration program has to be basically the World Bank′s involuntary resettlement Policy. OP/BP 4.12 - Involuntary Resettlement shall be adhered to. Among the objectives of this policy, the most important one with respect to livelihood restoration program is the objective that states need to assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as Sustainable Development Programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. They should also be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre‐displacement levels or to levels prevailing prior to the beginning of the project implementation, whichever is higher. In livelihood restoration, issues such as source of livelihood (monetary and non-monetary), availability of land for replacement (if possible/applicable), existing skills of PAPs, employment 53 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 opportunities and income restoration options will be provided. For PAPs who have lost their assets, income restoration plans or programmers may require support and services in the long and short- term basis as discussed under the chapter on mitigation of impacts. 7.18.1 Livelihood Restoration Activities and Timescale Livelihood concerns are key social safeguard considerations which should precede every project development initiative because livelihood restoration is arguably the most critical impact mitigation recourse for the sustainability of any project. It is always advantageous, therefore, to conduct community consultations with PAPs prior to taking livelihood restoration initiatives to get a better idea on what they think should be done and how best to do it. Usually, people would prefer land for land compensation, employment for their youngsters or just fair cash compensation. Rarely, would they suggest anything beyond this. Trainings may not appeal to people of mature age who may not be very keen to start learning new skills. However, efforts shall be made to ensure that the employment priority canvassed at the beginning during community consultations is not just an empty promise, since employment windows in gully rehabilitation project sites are not exclusively skill-based. Besides, livelihood adaptability and mobility of labour are common features in urban artisanal settings. The program for livelihood restoration in New Heritage will, therefore, take the following basic dimensions:  Informal Project-based Training. Ad hoc training shall be organized for willing displaced persons to secure jobs during the project implementation phase as a matter of priority in the envisaged rehabilitation of New Heritage gulley erosion. This will help some of the displaced persons to have an additional means of supporting their existence while the project lasts. Although for most of the PAPs encountered this may not be a valid option, the able-bodied artisans who are already compensated for interruption are likely to find this an engaging way to earn extra-income to support their families and keep busy while waiting to resume their normal income-generating activities. A short-term training program will be enough for the livelihood adaptation program in non-skilled tasks as like mortar mixing, and other non- to semi-skilled S assistance to technicians during the civil works. Others may be employed as security personnel, material suppliers and vendors of sundry goods and services. Training period shall be 2-3days.  Training for long-term livelihood adaptations. There are chances that some PAPs may want to invest their compensation payout in other ventures that may better secure them in the long run than their previous vocations/livelihood activities. Such persons shall be taught simple skills as preparation of proposals, feasibility studies, income/expenditure accounting, timing of market dynamics, capital accumulation, risk management etc. New skills can also be taught those whose services will directly benefit the sustainability of the project, such as those to be periodically employed for de-silting the storm drain channel and solid waste management in the densely populated but poorly-serviced New Heritage 54 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 neighbourhoods. Food vendors, for example, can also be helped to become GSM credit- card sellers. Training period 5-7days.  Land for cash and resettlement compensations. This applies more to artisans, particularly auto mechanics and allied artisans who can pull their resources together and become cooperative land-owners. This option will be discussed with the more viable groups just before the empowerment program.  Relocation for land users at gully margins. Although the risk of subsidence will be reduced by the rehabilitation project, safety hazards for children and adults alike will remain from storm surge throughout the channel course. Therefore, those engaging in livelihood activities in such areas will be best served by relocating. Discussions during community deliberation prior to disbursement of compensations will address this. The following comments will help to deepen the benefits of the World Bank’s OP 4.12 on livelihood restoration: 55 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  OP 4.12 is aimed at assisting physically and/or economically displaced persons to at least restore their standards of living, if not improve them, to pre-displacement levels. The project will endeavor to counteract human errors and environmental conditions predominant in certain project areas, as well as addressing to a reasonable degree commodity price and labour-market fluctuations.  The policy seeks to assure basic conditions for PAPs such as decent, legal housing; safe amenity access; a chance to continue to make a living as implied in the statements that resettlement should be treated as a "development project" and also that PAPs should share in the benefits of the underlying project.  PAPs' "satisfaction" with the resettlement process is key in ex-post evaluations; which is valid when the focus of the ex-post evaluation is on livelihood restoration; in which case the original census data must be the baseline against which to evaluate changes in housing, income, health conditions, etc. It is thus primarily important to retain forwarding addresses of the PAPs after they have been resettled to facilitate follow-up.  The time suggested for the ex-post evaluation is usually the point when the project objectives can reasonably be expected to have achieved preset goals, which may be more than a year after relocation. There should therefore be contingency plans in case the livelihood restoration program fails, through preparations for implementation of supplementary measures to achieve the objectives. This RAP therefore recommends a further shift of emphasis to outcomes.  The Anambra State SPMU and all stakeholders should ensure that resettlement is taken to the optimal level. For example, as employers of the contractors stakeholders should insist that contractors look inwards and ensure the recruitments of manpower from the project- affected community wherever applicable. Livelihood restoration without benefit-sharing is decidedly deficient. In this regard Local NGOs should be engaged and empowered as community watchdogs.  It is important that all PAPs who did not take the option of relocating permanently or taking alternative livelihood routes are provided a point of re-entry to their former livelihood patterns post-construction, estimated to be six-months from inception of the construction phase. Livelihood restoration, however, is much more than provision of training, priority in securing a job in project construction and occasionally assistance to rehabilitate amenities and public infrastructure etc. used by the affected people, which are certainly not an end in themselves. Livelihood restoration is more long-term; it is about having a means of self-support on the long run. 56 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 7.19 INSTITUTIONAL ARRANGEMENTS FOR RAP IMPLEMENTATION The major institutions that are involved in the Resettlement process are the Anambra State Project Implementation Unit (PIU) (or tits equivalent), NEWMAP Project Monitoring Unit (PMU), the World Bank, and the NEWMAP Resettlement Committee (NRC); and any credible NGO for the designated project area. For practical purposes there should be a hands-on RAP Implementation Consultant (RIC) who is familiar with the terrain, for creating a practical roadmap for the resettlement plans; also a witness NGO will be needed, one familiar with the terrain to help execute resettlement plans. 7.19.1 Institutional Arrangements The roles and responsibilities of the institutions regarding Resettlement Implementation and Grievance redress shall be as listed in table 7.3 below. S/No Stakeholders/ Institutions RESPONSIBILITIES 1 Anambra State  Establishment of NEWMAP Resettlement Committee (CRC). PIU  Ensuring that the project complies with the World Bank safeguard Policies, including implementation of the Resettlement Action Plan (RAP), as specified.  Engaging the services of contractors and consultants to carryout preparation and implementation of RAP and subsequently engaging the service of external monitors for the RAP implementation.  Approval of payments to consultants for RAP activities carried out under the project.  Internal monitoring and evaluation of RAP activities.  Preparation of quarterly and annual progress reports on RAP implementation.  Submission of Reports to the World Bank and other stakeholders for review. 2 Anambra State  Ensure that there are sufficient resources (time, money and people) to supervise the PMU implementation of compensation  Ensure that any changes during implementation process that have significant environmental or social impact are communicated to the PIU and other stakeholders in time and advice on actions to be taken and costs involved.  Ensure that the PIU is sufficiently informed on monitoring results. 3 World Bank  Overall responsibility of ensuring that the OP 4.12 is complied with in the RAP.  Responsible for the final review, clearance and approval of the RAP. 4 Social Safeguard  Has a critical role to play especially in the implementation of the action plan of the Specialist from social mitigation measures. the NEWMAP  Responsible for the implementation of Resettlement Plan and social development. PIU Will coordinate with the Community Resettlement Committee (CRCs) 5 NEWMAP  Responsible for guiding compensation and resettlement activities in project areas. Resettlement  Form a survey team to carry out Detailed Measurement Survey (DMS) for affected Committees PAPs and assets; finalize DMS and Entitlement forms for each PAP. (NRCs)  Checking the unit prices of compensation as used in RP, suggestions for adjusting the unit prices in conformation with market prices/replacement costs (if required) to Project Implementation Unit for approval.  In co-ordination with PIU, organize meetings with PAPs, communal authorities disseminate copies of Resettlement Information Booklet (RIB) and entitlement forms.  Based on the policy and proposed process/mechanism in RAP, the DRCs prepare the detailed implementation plan (quarterly) and together with NEWMAP pay entitlements to PAPs and implement for other activities in a timely manner. 57 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Settling the complaints and grievances raised by complainants and suggest solutions for the outstanding issues to responsible institutions for improving of the RAP implementation.  Organize seminars to disseminate the RAP report to relevant stakeholders, communities, etc.  Assisting local people in overcoming the difficulties during the implementation period. 6 Selected  Will be a grass root level worker, actually dealing with the PAPs. Develop a rapport independent with the PAPs, help in skill upgrading where required, and help obtaining benefits of NGO entitlement framework and appropriate Government programs. Facilitate negotiations, if required. 7 Project  Giving their own opinions and, or support on alternative project structures during Affected Focused Group Discussion, Persons (PAPs)  Support Community- based developmental project. Table 7.3 Institutional Arrangement and Responsibilities for RAP implementation. 7.19.2 Grievance Redress Mechanisms (GRM) A Grievance Redress Committee will be set up by SPMU to address complaints from RAP implementation. This committee will be directly under the NEWMAP-PMU and its members will include legal and accounts representatives of NEWMAP, representatives of local and/or traditional authorities, and the legal expert from the ministry shall be the secretary. The functions of the Grievance Redress Committee are:  Provide support to PAPs on problems arising from loss of private properties and business area.  Record the grievance of the PAPs, categorize and prioritize the grievances that need to be resolved by the committee; and  Report to the aggrieved parties about the developments regarding their grievances and the decision of the project authorities. The main objective of this procedure will be to provide a mechanism to mediate conflict and cut down on lengthy litigation, which often delays such infrastructural projects. It will also provide people who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures. However, the major grievances that might require mitigation include: 1. PAPs not listed; 2. Losses not identified correctly; 3. Inadequate assistance; 4. Dispute about ownership; 5. Delay in disbursement of assistance and improper distribution of assistance. 58 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 7.19.3 Grievances and Appeals Procedure (GAP) A Grievances and Appeals mechanism shall be set up for timely and transparent response to the complaints of the PAPs. To be effective, the G & A mechanism must be designed to be easily accessible, transparent and fair, and shall operate with the following procedures:  Registration of the complaints and grievances of the PAPs and providing a written response to the PAPs, within fifteen calendar days of receiving the complaint by the Complaints Response Committee (CRC).  If the PAPs are not satisfied with the decision of the CRC, the PAPs should present the case to the NEWMAP-PIU within fifteen calendar days of receiving the written response from the DRC authorities. The decision of the PIU should be sent to PAPs no later than fifteen calendar days of receipt of the PAPs appeal.  If the PAPs are not satisfied with the decision at the second level, the case can be submitted for consideration to the district court or any other higher interventionist committee as agreeable to all stakeholders.  PAPs will be exempted from all administrative and legal fees. 59 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER EIGHT 8.0 COST OF RAP This section deals with the actual placement of values on resettlement issues arising from the project activities of the proposed rehabilitation of the New Heritage Gully erosion. The opinion on values was based on the costs in the prevailing market environment, the discussions held with the PAPs and other stakeholders including the local community leadership. The figures apportioned as entitlements are mostly estimates based on the project design details and the assumption that the construction phase will be executed by an engineering contractor of high competence and reputation. The valuers’ knowledge of the local market forces also counted. Efforts were made to reach every individual PAP and meetings were held with them on individual and collective basis for disclosures on expectations. Below are estimates on RAP costs for relocations, compensations for income interruptions, denial of access, and damage to agricultural property. It also includes the cost of relocation logistics etc. Individual entitlements were determined by merit and peculiar circumstances, using indicators such as health and safety of the PAPs and courses of action that will be compatible with project targets. The succeeding sections discuss persons, households and livelihood activities that trigger resettlement concerns and the cost of mitigating the impacts of project activities on every individual case. Project impacts on every activity and asset was also evaluated before arriving at equitable resettlement bases. For details see Appendix 2. IMPORTANT OBSERVATIONS: 1. The house numbering in the study area, especially in the New Heritage is arbitrary, not following any known numbering system or even logical sequence. It would seem that the developers themselves numbered their buildings according to the time of development, rather than plot locations. 2. There is reasonable urban farming practices in much of the undeveloped land space between buildings. 3. People are still erecting buildings and structures in spite of obvious dangers posed by the menacing gullies 4. A tolerance of up to 20% total resettlement cost (from vibrations etc.) should be allowed for inaccuracies resulting from field conditions, PAPs not sampled and changes in valuations that may occur before the implementation of the RAP. As was posited in Section 5.3 a choice made for limited relocations will be of the greatest benefits to all stakeholders. This, along with the stabilization of the gully corridor and the assistance extended to the PAPs including those whose homes may suffer additional damage in the course of the NEWMAP project, will be the most cost-efficient approach. 60 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 8.1 INDICATIVE BUDGET FOR RAP IMPLEMENTATION The total indicative budget for the RAP implementation is TWENTY MILLION, SEVEN HUNDRED AND SEVENTY ONE THOUSAND, TWO HUNDRED NAIRA ONLY (N20, 771, 200). This is comprised as shown in the Table 8.1 below: DESCRIPTION OF RESETTLEMENT ACTIVITY NEW HERITAGE (162 PAPS) 1.Cost of possible relocations and Compensations for 10, 677, 800 loss of time/income and agricultural crops 2. Contingences: Cost of effecting unforeseen 2,312,700 events: Damages and other liabilities (15% of resettlement costs). Sub-Totals 12, 990, 500.00 3. Capacity Building and enlightenment for RAP Implementation (Lump sum) 5,400,000 4. Monitoring and Supervision of RAP Implementation (10 % of Total) 2,380,700 TOTALS 20,771,200.00 Table 8.1 Indicative Budget for RAP Implementation 8.2 COMPENSATION FUNDING PLAN AND TIMETABLE 8.2.1 Budgets for Resettlement Activities of the New Heritage Gully Rehabilitation Project Based on the preliminary valuation of affected assets and affected people presented in Tables 7.2 and 8.1 the budget for resettlement activities associated with the implementation plan of the RAP is as follows: 8.2.2 NEWMAP Timetable The timetable and schedules for the completion of the Resettlement Action Plan is as shown in Table 8.2 below. The RAP has to be completed and PAPs adequately compensated before the construction phase in the designated project areas. No. Activities Completion Time CUT OFF DATE March 31, 2015 1. Completion of RAP- Draft Final Report April 7, 2014 2. Submission of Draft Final Report to NEWMAP–PIU, and the World April 18, 2014 Bank 3. Dissemination of RAP to zones and districts for comments April 20, 2014 4. Return of Comments from Zones and World Bank April 22, 2014 5. Update of Comment into Final RAP Report April 25. 2014 61 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 6. Submission of Final RAP Document April 30, 2014 7. Advertisement in Two Local Newspapers in the Country November 30, 2014 8. Posted in the World Bank Info Shop November 30, 2014 9. Commencement of RAP Feburary10, 2015 10. Completion of RAP May 20, 2015 11. Commencement of civil work May 24, 2015 Table 8.2: Timetable for Resettlement Action Plan 8.3 TRAINING ASPECTS Based on the assessment of the institutional capacities of the NEWMAP-PMU for the implementation of the RAP, it is recommended that the NEWMAP RAP Consultant provides training and operational support to the project implementation unit (PIU) and other agencies and stakeholders involved in the RAP implementation. The training needs for the responsible institutions and stakeholders are identified in Table 8.3. ITEM TRAINING TOPIC COURSE CONTENT TARGET ESTIMATED AMOUNT(N) Training & Involuntary Resettlement 1. Principles of Resettlement i. NEWMAP-PIU 1,800,000 Awareness and Rehabilitation Action Plans ii. FMWENV & ANMENV. 2. Monitoring & Evaluation iii. Conflict Redress/ of RAP Implementation Management 3. Conflict Management and Committee members Resolution in RAP iv. NGOs Sensitization and 4.Public mobilization through v. Community 1,800,000 Awareness on RAP information management for representatives process community project ownership vi. PMU- designated officers vii. NEWMAP-PIU viii. FMWENV & ANMENV. ix. Conflict Redress/ Management Committee members x. NGOs Watershed management 5.Water conservation, waste xi. Watershed 1,800,000 principles management and disaster risk- Committee; reduction Community representatives, xii. NGOs xiii. NEWMAP-PIU xiv. FMWENV & ANMENV. xv. Conflict Redress/ Management Committee members TOTAL 5,400,000.- Table 8.3: Recommended Training and Awareness Activities 62 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 CHAPTER NINE 9.0 CONCLUSION As volunteered by contributors in the FGD discussions, a lot of violations occurred in the development regime in New Heritage area in particular and Omagba Phase 2 Layout in general, ranging from outright flouting of land use designations, building outside statutory confinements, building designs and dimensions. It is possible these violations were carried out with the connivance of unscrupulous regulatory authorities. There is also a chance that developers got undeserved approvals for much the same reason. The RAP study did not permit discriminations between consequential and culpable victims among those who appropriated the margins of the New Heritage floodway. A line has to be drawn at some point to give useful lessons to society, commencing from regulatory officials in complicity who must be identified and possibly sanctioned. The onus, however, will always be on the developer to take precautionary measures as directed by the maxim: caveat emptor – “buyer beware”. Else the Law of TOT insists that: “the ‘polluter’ pays…” Were outright relocation of buildings and land acquisition not minimized, the project bill would have soared and project targets practically unattainable. Property owners among PAPs are, therefore, considered circumstantial victims who deserve to be given succor not necessarily through financial compensations but by getting the project underway in a timely manner to save their investments. Thanks to WB OP/BP 4.12, others without statutory development permits who should have been destined for a different treatment will benefit on the same scale as those that have permits. On the whole, on humanitarian reasons alone, with adequate reinforcements and structural support, most of the buildings in the poorest state and circumstances will be saved, if the gullying process is arrested sustainably, as contemplated by the engineering design components. Three major categories of PAPs were encountered in the study: the developers and asset owners who were at high risk of losing their properties to the gullying process; land users whose livelihood activities coincided with the area of proposed rehabilitation, and individuals and households who were tenants living in the threatened buildings. They are further divided into tenants who, ordinarily, had no hand in the choice of development location some of whom are trapped in the dilapidated buildings for lack of funds to relocate. 162 persons were adjudged legitimate PAPs following a careful study of the merits of individual cases. By and large, the Resettlement Action Plan has been designed to save all existing structures and preserve all at-risk livelihood activities within New Heritage, Omagba Phase 2 Onitsha. This recommended course of action will hopefully be achieved with the smallest margin of error. 63 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 REFERENCES 1. Anukam, I.L. (1996). Investigating Factors Influencing Pupils’ Learning Achievements in Imo State. www.unilorin.edu.ng 2. International Finance Cooperation (IFC), Handbook for preparing a Resettlement Action Plan 3. Land Use Act (1978), Federal Republic of Nigeria. 4. NDE. 1997: Revisiting Aspects of Nigeria's Population Policy - Bioline .... The National Directorate of Employment on Dependency ration in Nigeria. http://www.bioline.org.br/request%3 5. Ojile, M. O. (1999). Draft Report of the Socioeconomic/Health Baseline Conditions and Social Impact Assessment Aspects, of EIA of NAOC Obiafu/Obrikom N-LNG Gas Plant Upgrade, submitted to Prodec-Fugro Consultants Limited, Port Harcourt. December, 1999. 22pp 6. UN Structure Plan for Onitsha and Satellite Towns, 2009. 7. World Bank (2001), Operational Policies: Involuntary Resettlement OP.4.12 and Annex. 8. World Bank (2000), Resettlement and Rehabilitation Guidebook, Washington DC 64 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 APPENDIX 1 Appendix 1: Socio-Economic Inventory Instrument for Project Affected Persons (PAPs) Brief Introduction of project by personnel SECTION A. IDENTIFICATION o Identification Number:…………………. o Questionnaire administration from point of Right of Way, please tick (a) Left side……. (b) Right side……………. o Town/Location of Interview: …………………………………………………………………. o Name and Signature of Interviewer: …………………………………………………………… o Name and Signature of Supervisor: ……………………………………………………………. o Date and Time Interview took place…………………………………………………………  SECTION B: SOCIOECONOMIC ATTRIBUTES o Name of PAP …………………………………………………… o Gender of PAP (M)…… (F)…… o Age of PAP ……………………….. o Contact /House Address of PAP……………………………………………………………………………………………………………………………………  11)Religion (Christian)…… (Moslem)…… (Traditional)…… (Others)….. (Please Tick One)  12)Marital Status (Single)… (Married)… (Divorced)… (Widow/Widower)… (Please Tick One)  13)Number of wives ………………………… 1) How long have you lived in this community ………………………….. 2) How many persons live in your Household (i.e. Eat from the same pot)………… 3) How many persons in your house hold fall into the following age categories? CATEGORIES MALE FEMALE TOTAL 0-4yrs 5-9yrs 10-18yrs 18-24 20-24yrs 25-60yrs Total 4) What is your highest educational qualification? (a) None … (b) FSLC … (c) WASC/SSCE (d) TCII/OND …. (e) HND/Degree … (f) M.Sc/PhD … (g) Islamic studies….. 5) How many members of your household fall under the following educational categories? CATEGORIES MALE FEMALE TOTAL Primary School (attempted/still attending) 65 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Primary School-Completed (Living Certificate) Secondary School (attempted/still attending) Secondary School-Completed (O’Levels) Tertiary Institution (attempted/ still attending) Tertiary Institution (Completed) Total 6).What are your Main and Secondary Occupations? CATEGORIES OCCUPATION MAIN SECONDARY Farming Mining Craft making Trading Civil service Company employment Religious Worker Self-employment Student Housewife Others (specify) 7). What is your Annual Income? a) N 0 –50,000……b) N 51, 000- 100,000…….c) N 100,101- 500,000……d) N 500,000 and above… 8). If Annual Income is not known, what is your: a) Monthly income………………. b) Daily income…………….. SECTION D FOR AFFECTED STRUCTURES/PAPs ONLY 9) Type of affected structure (i) Movable…… (ii) Immovable……………… (Please Tick One) 10) Identity of Affected Asset/Structure (a.) Barren Land…… (b) Farm land … (c) House….. (d) Fence…… (e) Shop….. (f) Others, Please state) ………………………………………………..... 10).For Structure/House: What type (s) of roofing materials were used for the affected structure? (Please Tick the one (s) applicable (a) Sod …. (b) Bamboo /palm… (c) Wood /planks… (d) Asbestos… (e) Corrugated iron sheets …(f) Aluminum…… (g) Others (Pls state) ………………………………………………..... 11). What is the material of the floor of the Affected Structure? (Please Tick One) a.) Cement…… (b) Mud … (c) Tiles….. (d) Wood…… (e) Others, pls state) ………………………… 2 12) Size of land affected in m …………………………………………………………………….. 2 13) Size of Affected Structure in m/m …………………………………………………………………. 14) State the prevailing use of the land/ structure ……………………………………………………………………………………………………………… 66 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 15) Estimated Age of Affected Structure ……………………………………………. 16) Condition of Affected Structure: To be ticked or completed by the enumerator AFFECTED STRUCTURE CONDITION OF AFFECTED STRUCTURE NAME VERY GOOD GOOD AVERAGE POOR VERY POOR 17).How many rooms are in the Affected Structure? .................................................... (State number in Figures) 18) Who owns the affected structure? (Please Tick One) (a) Personal………… (b) Landlord…… (c) Company …… (d) Local Govt…………………(e) State Govt……….. (f) Federal Govt………….. (g) Others (Pls Specify)………………… 33). If rented, how much do you pay annually? ………………… FOR BUSINESS PREMISES LOSS OF MAN HOUR 34) What category does the business fall under? (a) Small scale (b) Medium scale (c) Large scale 35) What is your average daily income /sale? ………………………………………………………….. 36). How long has the affected structure been in this location? ………………………………………. 37). How many days in the week do you operate your business? ………………………………………. 38). How many hours in a day do you operate your business? …………………………………………. 39) What implication will relocating have on your business? (i)…………………………………………………………………………………… (ii)…………………………………………………………………………………. (iii)……………………………………………………………………………………… 40) How do you think this impact can be minimized? (i)…………………………………………………………………………………… (ii)…………………………………………………………………………………. 67 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 APPENDIX 2: REGISTER OF PROJECT AFFECTED PERSSONS, PROPERTIES/ASSETS AND LIVELIHOOD ACTIVIIVITIES o o 1. Km 1 Onitsha-Enugu Expressway a.k.a KEDI HOUSE (N 06 08’ 54’’/ E 006 49’ 11’’). It is a rectangular shaped three-storey building used for both residential and commercial purposes. This building stands on four floors 2 including two basement floors seen more at the back while at the front, it stands on two floors. It occupies a total built area of 341.42m . It is situated right at the gully head and has lost many portions of the courtyard and fence to the left facing the building from the expressway, as well as, suffered extensive subsurface crustal displacement as evidenced by several cracks and obvious renovations and fortifications in an attempt to save it from total collapse. Detailed description of the property is as below: 1. DESCRIPTION OF PROPERTY: Basement Ground Floor: 2No 2 bedroom apartment by the right 2No 2 bedroom apartment by the left 1No kitchen 1No externally built Kitchen 1No Staircase 2Nos toilet/Bathroom First Upper Floor (Back): 2No 2 bedroom apartment by the right 2No 2 bedroom apartment by the left 2No kitchen 2No toilet/bathroom 1No Staircase Second Upper floor (back/Ground floor in the front) 2No 2 bedroom apartment by the right 2No 2 bedroom apartment by the left 2No kitchen 2No Stairway 1No Large Office space 3No Normal Office Spaces Third Upper floor (back/first floor in the front) 2No 2 bedroom apartment by the right 2No 2 bedroom apartment by the left 2No kitchen 1No Staircase space 1No Large Office space 3No Normal Office Spaces B) CONSTRUCTIONAL DETAILS: ROOF: Simple designed roof frame covered with corrugated iron sheet (CIS) held firm on timber trusses. CEILING: Asbestos ceiling boards held firm with timber noggins painted white underneath (uppermost floor), while reinforced concrete slab form the ceilings of the lower floors WALLS: Reinforced concrete pillars/ columns in filled with sandcrete block walls rendered and painted externally with light brown coloured texcote paint. DOORS: Metallic doors are used on the staircase and main entrances while the room doors are made of woods. WINDOW: Aluminum framed glaze windows are used. FLOOR: Reinforced concrete slabs on hardcore/sand blinding finished with cement sand creeds. SITE: The side of the subject property is rectangular in shape and slopes towards the rear side. Part of the fence walls has been destroyed by the gully erosion 68 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 C) PROJECT IMPACTS ON RESIDENTS: The property is situated at the gully head where much cutting and filling, and therefore heavy plant operations will take place. The building and the area around it will suffer from air and noise pollution and the perimeter will be invaded by immigrant workers. With careful work ethic, the building id not likely to suffer any further structural damage than it has presently. Plants and heavy duty construction equipment should be kept away from this property because of the obvious cracks resulting from previous structural failure. Sustained vibration from plant operation should be confined to the southern elevation of the gully head to save this building. d) Type of compensation recommended: All tenants will be temporarily relocated and will require assistance to move. Resettlement mode will take people outside their comfort for health and safety reasons. All occupants of the property will be expected to stay away for a minimum of after 90days during which all civil construction will have been concluded, set and secured. Provision should however be made for 6months. Below are the costs associated with the resettlement including additional adaptation provisions. Below is the photograph of the property already described: a property already having cracks, depicting structural failure as a result of earth movement from the gullying process. Middle picture show the property is at the edge of the gully corridor. 69 TENANTS NEWMAP: ROOMS/OFFICES OCCUPIED FINAL REPORT OF RESETTTLEMENT ACTION PLAN FORNo. RENTS/MONTH NEW HERITAGE RENTS/6months GULLY REHABILITATION, LOGISTICS OMAGBA ONITSHA ADAPTATION BY AWML INT. LTD. 2014 TOTAL PEOPLE Affected SUPPORT 120,000 (5,000 1 room ground floor back (basement) 4 4,000 24,000 20,000 x4x6) 164,000 90,000 1 rooms ground floor (basement) 3 8,000 48,000 20,000 (5,000x3x6) 158,000 1 room ground floor (basement) 1 4,000 24,000 20,000 30,000(5, 000 X6) 74,000 2 rooms 1st floor (back left) 1 8,000 48,000 20,000 30,000 (5, 000X6) 98,000 2 rooms floor 1st (back right) 2 8,000 48,000 20,000 60,000(5,000x2x6) 128,000 2 rooms 2nd floor(back left left) 1 8,000 48,000 20,000 30,000(5,000x6) 98,000 2 rooms ground floor front 1 8000 48,000 20,000 30,000 (5,000x6) 98,000 120,000 2 rooms 2nd floor (back left) 4 8,000 48,000 20,000 (5,000x4x6) 188,000 90 000 2 rooms 3rd floor (back left) 3 8,000 48,000 20,000 (5,000x3x6) 158,000 60,000 2 rooms 3rd floors (back right) 2 8,000 48,000 20,000 (5,000x2x6) 128,000 2 rooms 3rd Floor ADAPTATION SUPPORT 180,000 (BUSINESS) 1 8,000 48,000 20,000 (30,000x6) 248,000 1 office room 1st floor (front left) 180,000 ADAPTATION SUPPORT (BUSINESS) 1 4,000 24,000 20,000 (30,000x6) 224,000 Office 1 4,000 24,000 20,000 180,000(30,000x6) 224,000 2 big office up & down 1 35,000 210,000 50,000 360,000 (60000x6) 620,000 1 small office up 1 4, 000 24, 000 20, 000 60,000 (10, 000x6) 104,000 1 small office down 1 4, 000 24, 000 20, 000 60,000 (10, 000x6) 104,000 90, 000 2 rooms floor 1st (front right) 3 8,000 48,000 20,000 (5,000x3x6) 158,000 1 room ground floor (basement) 1 4,000 24,000 20,000 30, 000 (5, 000X6) 74,000 TOTAL 32 858, 000 390,000 1, 800, 000 3,048,000.00 70 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 2. MECHANIC WORKSHOP (N 060 08’ 54.3’’; E 060 49’ 10.3’’) This workshop measuring 206m in length and 24m wide is an open space situated directly behind Kedi House, and stretches towards Heritage Avenue at the rear side. This parcel of land is used as a mechanic workshop for panel-beating of luxurious buses. A total of eleven luxurious buses were parked at the workshop, about 5 of them were no longer repairable while the rest were undergoing repairs. This site has been seriously affected by the New Heritage gully erosion which has destroyed greater part of the fence walls and accesses from the expressway behind Kedi House, with a land area of about 1015sq m area of the original land mass lost. Another serious loss is the direct access road from the expressway completely eroded by the gully. The few customers still patronizing the workshop have to make a detour before accessing it. This site is accessed with a large double leave entrance gate and a pedestrian gate both opened towards Heritage Avenue. Also on the site are the following structures: Plant House: This is a small fairly square shaped decked structure made with blocks, cement aggregates, roof frame (Poline) and Zinc.  Security House: This small rectangular shaped building stands near the main entrance gate by Heritage Avenue, its dimension in meters is 3.10m (length) x 2.8m (width).  Abandoned and dilapidated staff toilet and bathroom part of which has already fallen into the gully. (See plates below)  Partly destroyed and Kedi mechanic w/shop main entrance gate by Heritage Avenue with abandoned workshop, staff the security house toilet & bathroom 71 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 B) PROJECT IMPACTS ON THE LAND USERS: This landscape terminates at the gully edge with part of the toilet damaged by the gully. Civil works will only prevent further land loss by stabilizing the gully walls and preventing further subsidence through safe channeling of the storm water. Not much cutting and filling will be done as a result. Land users in the workshop will suffer from air and noise pollution because of their closeness to the gully head where plant activities will be intense and the perimeter will be invaded by immigrant workers. C) TYPE OF COMPENSATION RECOMMENDED: The land users are non-resident and will require only compensation for disruptions on their source of income. Tools and equipment for civil work may be kept on part of the space during civil construction. This will temporarily disturb income-generating activities in the workshop. Resettlement mode will stop people from using the land space while construction lasts and land users will have to give way for health and safety reasons. Activities in the workshop have been low key as a result of the gulley, representing diminishing income for the land users over time as a result of the unstable landscape around them as a result of land degradation. They will be expected to stay away for 60working days during which all civil construction will have been concluded, set and secured. Provision should however be made for 90days. Below are the costs associated with there location: 72 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Head Technician. Age 54yrs. Income: 45,000.-/week x12 – N540, 000 3. NO. 9A HERITAGE AVENUE OMAGBA PHASE II, ONITSHA. (N 060 08’ 56.5’’; E 0060 49’ 10.2’’) A) DESCRIPTION OF PROPERTY This is a rectangular shaped residential block of flats standing on three floors and has a total built area of 198.38m2. The dimension of this property is 32.6m length and 17.2m wide with an area approximately 560.72sq. m. It is fenced round, with some sections broken. The site of the subject property is fairly rectangular in shape and slopes gently towards the rear side, serviced with two (2Nos) metallic constructed double leave gates positioned between the two extremes of the site facing Heritage Avenue. The compound is paved with reinforced concrete finished with rough cement screed. The distance from this property to the New Heritage Gully Erosion area is less than 9 meters, while parts of the drainage infrastructure are already collapsed leaving some sections hanging precariously. This segment of the infrastructure will be appropriated by the project. See photographs below House No. 9A Heritage Avenue B) CONSTRUCTIONAL DETAILS ROOF: The roof is of corrugated iron sheet held firm on timber trusses. CEILING: The underside of the reinforced concrete slab decking forms the ceiling for the lower floors while the uppermost floor is covered with asbestos ceiling sheet held firm on timber noggins and painted white underneath. WALLS: The walls are of reinforced concrete columns/pillars in filled with sandcrete 73 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 block rendered and painted externally with milk colour emulsion paint which looks washed off due to the age of the building. DOORS: The doors are made of wooden and metal type. WINDOW: The windows are of old modern metallic framed glaze FLOOR: The floor is finished with cement sand screed. C) DETAILS OF ACCOMMODATION PROVIDED BY THE PROPERTY. This building provides a total of six (6Nos.) 3 bedroom flats. Each flat accommodates as follows: 1/No. Sitting Room 3/Nos. Bedroom 1/No. Kitchen 1/No. Toilet 1/no. Bathroom 1/No. Balcony. D) PROJECT IMPACTS ON RESIDENTS: The fence of this property is situated about 16m to the gully corridor. Yet, the building and its occupants are not likely to suffer from much disruption in their activities because of the relatively low-key civil construction in their area. They are not particularly under threat and may not need to relocate, except by choice. The only perturbation expected will be strictly by human movement and delivery of work materials by land transport, since Heritage Avenue is an access road up to the building. There will not be much cutting and filling and, therefore, little plant activity is contemplated by the design. With careul work ethic the building is not likely to suffer any structural damage than it has presently. E) TYPE OF COMPENSATION RECOMMENDED: The tenants do not strictly require relocation except by choice. However, there will be inconveniences from hampered movement of persons and restrictions during the construction phase. The inconveniences of the occupiers of the property will thus be mitigated through token cash gifts and free counseling on the hazards of solid waste incineration of which they have been guilty and to which they have been expose for a long time. F) TENANTS OCCUPANCY CHART Tenant Flat no Household Consolidated Total Population Compensation/ compensation household (N) member (N) Ground floor (front) 10,000.- x 3 30,000.- 3 Ground floor (front) 10,000.- x 1 10,000.- 1 Ground floor (back) 4 10,000.- x 4 40,000.- 1st floor (front) 4 10,000.- x 4 40,000.- Ist floor 4 10,000.- x 4 40,000.- 2nd floor (back) 4 10,000.- x 4 40,000.- 74 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 2nd floor front 4 10,000.- x 4 40,000.- T O T A L 24 240, 000 Table 5.2 House No. 9A 4. NO. 9B HERITAGE AVENUE OMAGBA PHASE II ONITSHA. (N 060 08’ 56.3’’; E 0060 49’ 9.8’’) A) DESCRIPTION OF PROPERTY This is a rectangular shaped residential duplex standing on two floors occupying a total built area of 194.01sq.m including the sit out, one small irregular shaped structure close to the entrance gate used as a security house. See photograph below: No. 9B Heritage Avenue collapsed drainage and part of a damaged fence There is also a two bedroom apartment which situates behind the main building, and has a total built area of approximately 44.46m2 and which serves as the boys’ quarters. It has plantain suckers as the major economic tree. The site slopes towards the rear side, fenced with sandcrete block walls of which part has fallen into the existing gully erosion at the extreme right wing of the site. B) CONSTRUCTIONAL DETAILS ROOF: The roof is made of corrugated iron sheets pitched firmly on timber trusses and concealed from sight with reinforced concrete coating. CEILING: Reinforced concrete decking form the ceiling for the lower floor while the 75 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 upper floor is sealed with asbestos ceiling boards held firm on timber noggin and painted white underneath WALLS: Reinforced concrete columns/pillars infilled with sandcrete block walls rendered and painted both externally and internally with milk colour emulsion paint which has washed to a very great extent. DOORS: The doors are made of wooden and metal types. WINDOWS: The windows are of aluminum framed sliding glaze types. FLOOR: The floor is reinforced concrete slab in hardcore/sand blinding finished with terrazzo. FOUNDATION: Strip foundation, well reinforced in mass concrete is presumed. C) ACCOMMODATION DETAILS This house was originally built as duplex to serve the owner but due to the menace of the gully erosion in the environment, he rented it to multiple tenants. Stated below are details of the accommodation provided. MAIN BUILDING/GROUND FLOOR 1/No. Sitting Room 2/No. Single rooms 1/No. Kitchen 1/No. Toilet/Bathroom 1/No. Sitout aUPPER FLOOR 1/No. Sitting Room 1/No. Bedroom (en suite) 2/No. Single bedrooms 1/No. Kitchen 1/No. Toilet 1/No. Bathroom D) PROJECT IMPACTS ON RESIDENTS: Parts of the fence of this property have already toppled into the gully corridor. The main building is close to the gully (18m) and has suffered some structural damage as a result soil shifting. Yet, the building and its occupants are not likely to suffer from much disruption in their activities because of the relatively low-key civil construction in their area. They are not particularly under threat and may not need to relocate, except by choice. The only perturbation expected will be strictly by human movement and delivery of work materials by land transport, since Heritage Avenue is an access road up to the building. There will not be much cutting and filling and, therefore, little plant activity is contemplated by the design. With careful work ethic the building is not likely to suffer any structural damage than it has presently. E. TYPE OF COMPENSATION RECOMMENDED: The tenants do not strictly require relocation except by choice. However, there will be inconveniences from hampered movement of persons and restrictions during the construction phase. The inconveniences of the 76 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 occupiers of the property will thus be mitigated through token cash gifts and free counseling on the hazards of solid waste incineration of which they have been guilty and to which they have been expose for a long time. The landlord/landlady will require assistance to rebuild broken down fence at an estimated cost of N85,000.- The land lost to the engineering design and is no more than 10sq. m for which an additional N70,000.- F) TENANTS OCCUPANCY RESETTLEMENT CHART Tenant Flat no. Household Consolidated Total Population Compensation/ compensation household member (N) (N) Resident Landlady 3 10,000.-x 3 30,000.- 3 Bedrooms (ground 2 10,000.- x 2 20,000.- floor) 1 Room (up 1 Room (ground floor) 4 10,000.- x 4 40,000.- 1 Room (up) 2 10,000.- x 2 20,000.- 3 room (up) 2 10,000.- x 2 20,000.- 2 rooms (Boys quarter) 2 10,000.- x 2 20,000.- 1room (boys quarter) 1 10,000.- x1 10,000 2 rooms and parlour 2 10,000 x 2 20,000.- (ground floor) Landlady Financial support for land acquisition and repairs 150,000.- 18 TOTAL 330,000.00 Table 5.3 House No. 9B Heritage Avenue Tenants Occupancy Chart Economic Trees – On the date of the inspection, some plant suckers were found growing close to the boys’ quarters. 77 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 5. MINI-ESTATE OF 4 PROPERTIES No. 7A Adazienu Street officially known as plots 59 and 60 Omagba phase II Onitsha No. 7B Adazienu Street officially known as plot 58 Omagba Phase II Onitsha (N 060 09’ 00’’; E 0060 49’ 07.5’’) No. 7c Adazienu Street officially known as plot 57 Omagba Phase II Onitsha 1. DESCRIPTION OF PROPERTY NO. 7A ADAZIENU STREET OFFICIALLY KNOWN AS PLOTS 59 AND 60 OMAGBA PHASE II ONITSHA (N 06.15066; E 006.81 793 (Garmin 78s); N 06.15070; E 006 81 807(Garmin 78s) This parcel of land measures approximately a gross area of 2126.531m2. The property on site is an L shaped purpose built residential tenement building situated at less than 15 meters to the existing gully erosion site. An additional building of three bedrooms flat is under construction on top of the already existing L shaped tenement building by the right wing. It measures a total area of 188.73m2 approximately. An uncompleted building is attached to the fence wall at the right side of the site measuring a total built area of 167.02m 2 approximately and currently been used as packing stores. Building A, 7A Adazienu Street and Building B, 7A Adazienu Street B) CONSTRUCTIONAL DETAILS ROOF: The roof of the L shaped building is made of corrugated iron sheet held firm on timber trusses, while the additional three bedrooms flat on top is not yet completed. CEILING: The ceiling is made of asbestos. Ceiling board held firm with timber noggins and painted white underneath. WALLS: Reinforced concrete pillars/columns in-filled with sandcrete block walls rendered and painted externally with green colour texcote paint. DOORS: Wooden doors and metallic constructed protectors are used. WINDOW: Aluminum framed glaze windows are used. FLOOR: Reinforced concrete slab on hard core finished with cement sands Crete C) ACCOMMODATION DETAILS: The building accommodates as follows: 11/Nos. Single Rooms 78 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 4/Nos. Toilets 4/No. Bathrooms 3/No. Kitchens D) PROJECT IMPACTS ON RESIDENTS: This property and its occupants are not likely to suffer much perturbation to warrant relocation, despite the edge of the main building being <18m to the gully corridor. The building has already suffered some structural damage as a result soil shifting but is not expected to worsen as a result of project activities. There will be some plant activity in the area through some cutting and filling in the close proximity. Yet, the building and its occupants are not likely to suffer from much disruption in their activities because of the relatively low-key civil construction in their area. They are not particularly under threat and may not need to relocate, except by choice. The only perturbation expected will be strictly restriction of human or vehicular movement and delivery of work materials by land transport and short-term plant movement and operation. Part of the open spaces available around the building is likely to be used as storage for work material or parking lot for plants and vehicles. Migration of work staff is also likely to cause some social perturbation. E) TYPE OF COMPENSATION RECOMMENDED: The tenants do not strictly require relocation except by choice. However, there will be inconveniences from hampered movement of persons and restrictions during the construction phase. The inconveniences of the occupiers of the property will thus be mitigated through token cash gifts and free counseling on the hazards of solid waste incineration of which they have been guilty and to which they have been exposed for a long time. Some tenants may be willing to offer their services for employment to improve their earnings. F) TENANTS OCCUPANCY CHART Tenant Flat no Household Consolidated Total Population Compensation/ compensation household (N) member (N) 1 ROOM 3 10,000 x 3 30,000.- 2 ROOMS 3 10,000 x 3 30,000.- 2 ROOMS 1 10,000 x 1 10,000.- 1 ROOM 1 10,000 x 1 10,000.- 1 ROOM 1 10,000 x 1 10,000.- 2 ROOMS 2 10,000 x 2 20,000.- 3 ROOMS 3 10,000 x 3 30,000.- 1 ROOM 1 10,000 x 1 10,000 TOTAL 14 N150, 000.- Table 5.4 House No. 7A Adazienu Street Tenants Occupancy Chart 79 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 6. NO. 7B ADAZIENU STREET OFFICIALLY KNOWN AS PLOT 58 OMAGBA PHASE II ONITSHA (N 060 .15045; E006.81 8740 (Garmin 78s) The subject site measures a total land area of approximately 1024.454m2, and comprises of two sets of building namely: 1. DESCRIPTION OF PROPERTY An eight bedroom residential bungalow occupying an area approximately 124.07m 2, built at the vicinity of the outfall of the New Heritage gully erosion. This is a rectangular shaped building standing directly opposite the bungalow (building A, 7A Adazienu Street), and less than 1 meter to the gully erosion area. It stands on a total built area of approximately 99m2 and forms part of the fence walls at the front. It is serviced with a metallic constructed double leave entrance gate and a pedestrian gate. This building is at the greatest risk of falling into the gully in the absence of urgent intervention. See photographs below Plates 5.6 Building A, 7B Adazienu Street Plates 5.6 Building B, 7B Adazienu Street B) CONSTRUCTIONAL DETAILS ROOF: The roof of building (A) is of a simple designed roof frame covered with green Coated longspan aluminum roofing sheets on timber trusses, while building (B) is covered with corrugated iron sheet held firm on timber trusses. CEILING: Asbestos ceiling boards held firm with timber noggins and painted white underneath are used for both Building A & B. WALLS: Reinforced concrete pillars/columns in-filled with sandcrete block walls rendered and painted externally with green colour texcote paint. DOORS: Both wooden and metal doors are used. WINDOW: Aluminum framed glaze window types are used for both building A & B. FLOOR: The floors are made of reinforced concrete slab on hard core surface finished with mixed coloured ceramic floor tiles. FOUNDATION : Strip foundation of reinforced mass concrete base is presumed. 80 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 C) ACCOMMODATION DETAILS Building A Occupied by HRH Igwe F.I. Ugwu, his Lolo and 6 Children 1/No. Sitting Room 8/No. Bedrooms 3/Nos. Toilet & bathroom 1/No. Kitchen 1/No. Store. D) PROJECT IMPACTS ON RESIDENTS: This property and its occupant will stretch the Nigerian Land use laws and the World Bank OP 4.12 on involuntary relocation. The owner and part occupier continued to build despite the losing battles with invasive storm waters and erosive floods. He even dared the elements by building into the gully channel. He deliberately continued to develop the land despite the land degradation, even when there was no mention of the rehabilitation project. He also reclaimed a lot of his degraded landscape through backfilling with unsegregated solid wastes making developments on the land hazardously unstable. The property and its owner will thus be a veritable test case for the operability of the relevant statuses, considering the personal risk the developer exposed himself to in building into drainage right-of-way, even though his activities were not necessarily anticipatory. This property and its occupants are very likely to suffer much perturbation to warrant relocation, especially loss of access into their premises. The landlord is also likely to suffer loss of property. Sections of the property and the fence are likely to suffer further damage from project activities in addition to previous ones due to soil shifting. There will be some plant activity in the area through some cutting and filling in the close proximity. The occupants of the premises are particularly under threat and will relocate without choice. Other perturbations expected will be restriction of human or vehicular movement and delivery of work materials by land transport and plant movement and operation. Part of the open spaces available around the building is likely to be used as storage for work material or parking lot for plants and vehicles. Migration of work staff is also likely to cause some social perturbation. Economic trees within the premises are, however not likely to suffer much damage. e) Type of compensation recommended: All occupiers strictly require relocation without choice as there will be inconveniences from hampered movement of persons and restrictions during the construction phase. The structure built on the drainage right-of-way is likely to be damaged (Adazi-Enu 7B2). The inconveniences to the occupiers of the property will thus be mitigated through relocation to reduce exposure to physical hazards. The occupants will also benefit from counseling on sustainable development and disaster prevention. f) TENANTS OCCUPANCY AND RESETTLEMENT CHART (ADAZI-ENU 7B1) Tenant Apartment Population Rent Per Month Rent Per Annum 8 bedroom 6 40,000 240,000 bungalow 81 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 LOGISTICS FOR RELOCATION 60,000 ADAPTATION SUPPORT FOR SIX MONTHS (5,000X8X6) 240,000 TOTAL N 540, 000.00 Table 5.5 House No. 7B1 Tenants Occupancy Chart BUILDING B within same premises A) ACCOMMODATION DETAILS: 6/No. Rooms. B) TENANTS OCCUPANCY AND RESETTLEMENT CHART (ADAZI-ENU 7B2) NAMES OF TENANTS TYPE OF HOUS RENTS/ RENTS PER RELOCATION ADAPTATION SUB- EHOL MONTH ANNUM LOGISTICS SUPPORT SPACE D SIZE (6MONTHS) TOTAL Mr. Mark Okoye 1 room 1 4,000 Mrs Joy Eze 1 room 1 4,000 Mr & Mrs Joseph 3 room 3 12,000 Ogbu Mr. Michael Okoli 1 room 2 4,000 TOTAL 7 2 Table 5.6 House NO. 7B ADAZIENU Tenants Occupancy Charts 82 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Building B, 7B Adazienu Street. Plantain Farm at B, 7B Adazienu Street. 7. NO. 7C ADAZIENU BY CHIME CLOSE OFFICIALLY KNOWN AS PLOT 57 OMAGBA PHASE II ONITSHA (N 06. 150740; E 006.81 8110 (Garmin 78s) 1. DESCRIPTION OF PROPERTY The site of the subject property is fairly rectangular in shape, appears level from the approach and measures approximately a total land area of 835.055m2. The site is developed with two purposes built commercial buildings.  1/No. uncompleted rectangular shaped 5 rooms guest house (en suite)  1/No. uncompleted decked 4 rooms guest house (en suite) Building A This building stands at a position forming part of the fence walls up to Chime Close. The building is rectangular in shape, designed to accommodate 5/Nos en-suited guest rooms and 5 shops facing a well casted drainage and erosion control channel by Chime close. As at the date of our inspection there is no visible distance between the building and New Heritage gully erosion. Building B This is simple designed decked guest house. The erosion control reinforced concrete drainage channel forms the base on which part of the fence walls stands. Buildings A, B and C respectively inNo.7C made up of uncompleted guest house and lock up shops. 83 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 2. CONSTRUCTIONAL DETAILS UNCOMPLETED GUEST HOUSES ROOF: A pitched designed roof frame covered with aluminum roofing sheet on timber trusses is used for building (A), while Building (B) roof is made of reinforced concrete slab decking. CEILING: Building (A) has no ceiling, while reinforced concrete decking forms the ceiling for Building (B). WALLS: Reinforced concrete pillars/columns in-filled with block not yet plastered building (A), while Building (B) was plastered but not yet painted. DOORS: Door openings are available in building (A), while wooden and Metal door types are used for building (B). WINDOWS: Building (A) has window openings; while aluminum framed sliding glaze windows are used for building (B). FLOOR: Building (A) has a rough floor surface, while Building (B) is finished with ceramic floor tiles up to the external staircase. FOUNDATION: Strip foundation of reinforced mass concrete base is presumed. C) ACCOMMODATION DETAILS BUILDING A 5/Nos. En suited Rooms 5/Nos. Lock up shops BUILDING B 4/Nos. En suited rooms 3. PROJECT IMPACTS ON RESIDENTS: These properties lodge in part in the gully tail: the terminus and outfall of the proposed rehabilitative drainage construction. By appropriating drainage right-of-way, the developer showed no fear or respect for the catch phrase caveat emptor (“buyer beware”). Again this property and its occupant will stretch the Nigerian Land use laws and the World Bank OP 4.12 on involuntary relocation. He deliberately continued to develop the land despite the sensitivity of the landscapes and general hydrology of the lower Nkisi river drainage basin, in a way that appears anticipatory of the remediation project. He also reclaimed a lot of his degraded landscape through backfilling with unsegregated solid wastes making developments on the land hazardously unstable. The property and its owner will thus be a veritable test case for the operability of the relevant local land use statuses and the World Bank Safeguard Policy 4.12 on involuntary relocation, considering the personal risk the developer exposed himself to in building into drainage right-of-way, even if his motives were not anticipatory. There are no occupants yet to relocate so there are no persons locating involuntarily, or who will suffer much perturbation to warrant relocation. The landlord is likely to suffer loss of property owing to project activities, 84 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 even though with sound construction ethics this may be minimal. NEWMAP should draw the attention of local land use monitoring and enforcement bodies to the HSE breaches that these developments portend for the present and future. 4. TYPE OF COMPENSATION RECOMMENDED: At this point nil; rather, the developer should be subjected to prolonged land use counseling. However, should he end up losing land and/or assets, he should be compensated per the entitlement matrix. 8) NO. 6 ADAZIENU STREET OFFICIALLY KNOWN AS PLOTS 37, 38 AND 39 OMGABA PHASE II ONITSHA. 1. DESCRIPTION OF PROPERTY: This is a massive expanse of land situated very close to the gully corridor and comprises of two detached buildings sharing a common space with a mechanics’ workshop. The occupational pattern is described below A DETACHED 3-BEDROOM BUNGALOW N (060 08’ 56.1’’E 0060 49’ 09.4’’)  A rectangular shaped 3-room apartment located close to the perimeter fence wall of No. 9B Heritage Avenue. It is built of sandcrete block walls rendered and painted with light yellow colour emulsion paint, roofed with corrugated iron sheet and sealed with asbestos ceiling boards painted white underneath. The windows are of aluminum framed glaze window types, the doors are of wooden types and the floor is finished with cement screed. A property without basic amenities such as kitchen or toilet facilities that lies very close to the gully corridor. The gully fringes nearest to it are used as a solid waste dump in which there is regular waste incineration and, therefore, serious air pollution problems. Beside the building is a dump used by waste scavengers A DETACHED ONE-BEDROOM APARTMENT (N 060 08’ 58.2’’E 0060 49’ 08.9’’)  This is a small one room apartment built at a position opposite the rectangular shaped 3room residential bungalow, very close to the gully erosion area. The environment of these structures is 85 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 hardly liveable on account of the gully menace, refuse dumping and incineration of unsegregated solid waste, human waste litter, etc. A MECHANIC WORKSHOP (N 060 08’ 58.5’’; E 0060 49’ 08.5’’).  A mechanic workshop with a wooden/zinc shack used for packing tools and other valuables. See photographs below with land users of diverse skills – petrol and diesel engine mechanics, panel beaters, electricians, painters. NO. 6 ADAZIENU STREET (Mechanic workshop) with illegal refuse dumpsite B) PROJECT IMPACTS ON LAND USERS: This property is in a large open space of diverse land uses and likely to be used for storage of project construction materials and parking for plants and vehicles almost throughout the duration of project activities. The proposed project land uses are not compatible with the baseline land uses in the site. Various craftsmen and their apprentices will have to relocate for the duration of the construction phase put at about 6months from the date of mobilization as contained in the work program. This property and its occupants are very likely to suffer much perturbation to warrant relocation, especially loss of access into their normal working spaces. There will be some plant activity in the area such as cutting and filling in the close proximity. The occupants of the premises are particularly under threat and will relocate without choice. Other perturbations expected will be restriction of human or vehicular movement and delivery of work materials by land transport and plant movement and operation. In-migration of project work force is also likely to cause some social perturbation. Economic trees within the premises are, likely to suffer damage from project activities. Relocation will however cause the following, even if temporarily:  Loss of patronage (therefore loss of income).  Loss of goodwill.  Loss of time  Need to relocate immovable vehicles and vehicular carcasses 86 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Ground preparation for reestablishment of workshop  Incentive for attracting patronage C) TYPE OF COMPENSATION RECOMMENDED: All occupiers strictly require relocation without choice as there will be inconveniences from hampered movement of persons and restricted use of space during the construction phase. Since no structure will be erected on the land during project activities, the land users can return after project activities, but income mitigation for the 12 identified land users (the mechanics and their food vendor) will be prohibitive. For the mechanics the cost of renting an equivalent space for them in Omagba area and mitigating the above-listed handicaps will be more cost-effective. On resettlement options since the land users are comfortable with income compensations and relocation, NEWMAP can use a mitigated relocation option. D) LAND USERS AND RESETTLEMENT CHART I 3-BEDROOM BLOCK CHART NAME TYPE OF HOUSEHOLD CURRENT RENT PER RELOCATION ADAPTATION SUB-TOTAL SPACE SIZE RENT ANUM LOGISTICS SUPPORT 30.000 ONE ROOM 1 4,000 48,000 20,000 (5000X6) 98,000 30,000 ONE ROOM 1 4,000 48,000 20,000 (5,000X6) 98,000 300,000 ONE ROOM 1 4,000 48,000 20,000 (5, 000X6) 98,000 TOTAL 3 144, 000 60, 000 90, 000 N294,000 ii. 1-Bedroom Block Chart TENANT TYPE OF HOUSEHOLD RENT PER RENT PER ACCOMODATION SIZE MONTH ANNUM 1-BEDROOM 4 4,000 48,000 LOGISTICS FOR RELOCATION 20,000 87 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 ADAPTATION SUPPORT FOR SIX MONTHS (5,000X4X6) 120,000 TOTAL N 188,000.00 iii. MECHANIC WORKSHOP USERS CHART ESTIMATED AVERAGE INCOME E.A.I PER NAMES JOB DESCRIPTION (EAI)/WEEK ( Naira) MONTH (Naira) Motor Mechanic Minibuses 15,000 60,000 (15, 000 x 4) Motor Painter 15,000 60,000 (15, 000 x 4) Motor Mechanic Big Vehicles 20,000 80,000 (20, 000 x 4) Food Seller 8,000 32,000 (8, 000 x 4) Motor Mechanic 18,000 72,000 (18, 000 x4) Electrician 10,000 40,000 (10, 000 x 4) Panel Beater 18,000 72,000 (18, 000 x 4) Motor Mechanic(911) 30,000 120,000 (30, 000 x 4) Motor Mechanic (608 Buses) 24,000 96,000 (24, 000 x 4) Food Seller 8,000 32,000 (8, 000 x 4) TOTAL 10 664,000.- Mechanic workshop at No. 6 Adazienu st. 9. ASSEMBLY OF YAHWEH IN MESSIAH (N 060 08’ 54.2’’; E 0060 49’ 09.0’’) A) DESCRIPTION OF PROPERTY: This piece of land has a total area of approximately 500.65m 2. It accommodates the following activities: Assembly of Yahweh in Messiah Church measuring approximately 169.36m2 and located between Ichie Michael Anyadike Mechanic Workshop by the right and the abandoned peanut mini factory site by the left. The Church is constructed with a combination of block walls and plywood, roofed with corrugated iron sheets on timber trusses, without ceiling, wooden windows are used and it has two major entrances made of metal. 88 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 There are two small Zinc structures situated behind the church structure less than 2m to the gully erosion area. Assembly of Yahweh in Messiah Mission 2. LAND USERS: Above is the permanent resident with administrative and spiritual roles in the church. Others are members of the congregation who are non-resident. C) PROJECT IMPACTS ON RESIDENTS: Some of the church’s assets are close (about 2m) to the gully edge. Activities in the church are likely to be disrupted in the course of civil construction from the operation of plants and movement of workers during the construction phase. Air quality impairment may arise during the cutting and filling operations. D) TYPE OF COMPENSATION RECOMMENDED: Temporary relocation to another place will require assistance for erection of structures which may be abandoned after a short while. Resettlement will strictly be for loss of income for about 60days, during which all civil construction will have been concluded, set and secured. Monthly income at the church is estimated at N75, 000.00, even though the church authorities claim it could be higher. The church officials are among the PAPs willing to forgo any compensation provided their land is secured through the rehabilitation works. Total recommended compensation: N150, 000.00 10. CHRIST OWN PRAYER MINISTRY/ MECHANIC WORKSHOP HEADED MR. UGWU RICHARD). N 060 08’ 54.3’’; E 0060 49’ 10.3’’) B) DESCRIPTION OF PROPERTY This an open portion of land measuring a total of ≈596.7sq.m and gently slopes into a very active finger off the main gully corridor. It contains a disused Church structure and a mechanic workshop. The church structure is made of a combination of sandcrete block walls and woods partly covered with white flex material. The windows are made of wood, the doors are made of metal, the roof is made of corrugated iron sheets on timber trusses, and the floor is made of reinforced concrete slabs finished with cement screed. 89 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 The Church and the workshop The mechanic workshop situates at a position directly behind and by the right side of the church backing the gully. There are about three unmovable vehicles seen at the site which includes one New Model Hiace mini bus, two old model Jeeps, one old model ford jeep. The rest of the workshop is in two rows directly facing the inlet from the Enugu-Onitsha expressway. B) PROJECT IMPACTS ON LAND USERS: The church structure will not be affected by the civil works but sections of the workshop are right at the edge of the gully edge. The rehabilitation here will be full recovery of the gully finger. Increased subsidence at the active gully is likely to cause more land loss. Activities in the workshop are likely to be disrupted in the course of civil construction from the operation and movement of plants and workers during the construction phase. Air quality impairment will also arise during the cutting and filling operations. Parts of the workshop may be used as access route during the rehabilitation of the very active gully finger. ROLL-CALL OF LAND USERS: 1. Mechanic (Income N 30,000.-/wk x 8) – N240, 000.- 2. . Panel beater (Income N18, 000.-/wk x 8) – N144, 000.- 3. Painter (Income N20, 000.-/wk x 8) – N160, 000.- 4. Panel beater (Income N16, 000/wk x 8) – N128, 000.- Cost of removing 3immovable vehicles - N30, 000.- TOTAL N702, 000. D) TYPE OF COMPENSATION RECOMMENDED: Temporary relocation to another place will require assistance to rent land and move about ten disabled vehicles and for land preparation all of which may be abandoned after a short while. Resettlement will strictly be for loss of income for about 8wks, during which all civil construction will have been concluded, set and 90 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 secured. Because of design project activities (cut and fill and stabilization of channel walls) and need for space for project activities land users will vacate the land space but can resume their livelihood activities after civil construction. Willing people can be employed as unskilled workers during project activities. 11. KM 1 ONITSHA – ENUGU EXPRESSWAY OMAGBA PHASE II ONITSHA GREATER GRACE AND FIRE ASSEMBLY. N 060 08’ 54.3’’; E 0060 49’ 10.3’’.) A) DESCRIPTION OF PROPERTY This site is fully occupied by a large church building referred to as GREATER GRACE AND FIRE ASSEMBLY a.k.a God that Answereth by Fire Ministries. It covers a total built area of 1,295m2 approximately and accommodates a massive church auditorium and offices. It is situated near the gully head and directly beside Kedi House. See photo below: Greater Grace and Fire Assembly a.k.a God that Answereth by Fire Ministries Except for noise from plants, fugitive emissions, dust raking from cut-and-fill operations and in-migration of workers, this property will not be physically affected by the project. Daytime use of the church premises (in particular) will however be restricted because of air/noise pollution and vibration impacts. The church owns a school known as “WIND BREAKERS ACADEMY” which is situated less than 2meters to the gully. It is an attached wooden structure covering a total built area of approximately 332.5m 2; and used as classroom blocks. The makeshift structure is partitioned into classrooms for nursery and primary pupils: see photograph below. This school will need to give way to the drainage right-of-way and should be considered for relocation after the rehabilitation for HSE considerations. 91 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Wind Breakers Academy B) CONSTRUCTIONAL DETAILS WALLS: Reinforced concrete columns/pillars in-filled with sandcrete block walls rendered by not yet painted externally. DOORS: Combination of both metallic and high quality wooden doors are used. WINDOW: Aluminum framed glazed pivoted windows are used. . FLOOR: The floor is finished on cement sandscrete. FOUNDATION: Strip foundation of reinforced mass concrete base is presumed. C) PROJECT IMPACTS ON LAND USERS: The project activities will cause restricted use of church facilities (especially during the daytime hours). The civil works will also affect the school because it situates in the design drainage right-of-way. Although the gully walls will be stabilized the school with little children in attendance is an incompatible land use with the project even at the post-construction phase. The school session shall be disrupted in the course of the rehabilitation works. Replacing the shack that hosts the school might overwhelm the load-bearing capacity of the destabilized residual soils. The permanent relocation of the school should be suggested to land use monitoring and enforcement MDAs of Anambra State and Onitsha North Local government/town planning authorities. The school will remain closed for the duration of the civil works in that area which will be approximately 8wks. D) TYPE OF COMPENSATION RECOMMENDED: Compensation for the church (Pastor and church worker) for restricted use of the church premises during the construction phase of approximately 2months. Compensation for income for five teachers for the duration of the rehabilitation project will take care of initial loss of income. Because the school is expected to relocate, the project should make provisions for relocation assistance. Loss of income to the school proprietor (Greater Grace and Fire Assembly) for the duration of civil works should also be compensated for.  Consolidated compensation for the Pastor for restricted use of premises during project activities - N250, 000 92 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014  Total compensation: N15, 000. - For 5 teachers for 2months - N150, 000  Compensation for proprietor – for 2months - N150, 000. TOTAL N550, 000.- THE SCHOOL AND THE GULLY 12) ELECTRIC WELDER’S WORKSHOP BESIDE THE GREATER GRACE AND FIRE ASSEMBLY CHURCH BUILDING: OPERATED BY CHINEDU OBI (29YRS). a) DESCRIPTION OF PROPERTY This workshop is an open space in a confined area that used to serve as access road into the vast property. Welder was allowed to use the space by the benevolence of the Church proprietor after the ad hoc repair work done by the Federal Ministry of Works in stabilizing the gully head. Workshop space which is about 100sq.m is situated facing the gully head, although there is no clear delineation. There is access into the workshop through the Enugu-Onitsha express road, made possible by red-earth reinforcement during the palliative work done to stabilize the gully head. The workshop floor is loose earth, very likely to be dusty during the dry season. There is also no elaborate roof cover, showing that the workshop is exposed to the elements, which is particularly hazardous during rain events. B) PROJECT IMPACTS ON LAND USERS: The rehabilitation project activities will definitely annex the land area occupied by this workshop. Even if this were not the case air/noise pollution and vibration during civil works at the gully head will make the temporary closure of this workshop imperative. C) TYPE OF COMPENSATION RECOMMENDED: It will be best if the workshop is relocated. This is the only resettlement that will secure the future for the welder, because his present area of occupation is, at best, ad hoc and therefore temporary. Because the welder qualifies for resettlement he will be advised to deploy some of his resettlement entitlement into getting a more secure accommodation for his workshop. He will be compensated for loss of livelihood for the duration of the civil works at the gully head which is approximately eight weeks. He will also be assisted in 93 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 moving his equipment, raw materials and finished products to a safer place in the before the commencement of the project. He, however, will still exercise the option to return to site after the activities at the gully head. D) COMPENSATION DETAILS:  Compensation for disruptions (weekly income for 8wks): 15,000. - X 8 = 120,000.-  Cost of relocation of tools, raw materials and finished products: 50,000.- TOTAL N170, 000.- 13. THE MECHANIC WORKSHOP NEXT TO THE CHURCH BUILDING. N 060 08’ 57.3’’ E 0060 49’ 10.12’’ 1. DESCRIPTION OF PROPERTY This is fairly rectangular piece of land located next to Greater Grace and Fire Assembly Church building by the left side tracing from the express road. There are two wooden/Zinc structures located within the workshop used as packing stores. The land slopes towards the gully area. It is our opinion that these structures be removed. See photographs below: 2. PROJECT IMPACTS ON LAND USERS: 94 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Sections of this workshop are threatened by the gully. The stabilization of the gully walls by the proposed rehabilitation project will make the landscape safer for the workshop. The workshop landscape will be used for storage of work materials and for the movement of vehicles plants and equipment required for civil construction. The land uses in this space will thus be temporarily suspended to allow project contractor and workers unfettered access to all parts of the gully corridor. This temporary displacement will also save the people from air/noise pollution, vibrations, restrictions and other physical perturbations. Their displacement will be for 8wks corresponding to the completion of civil work in that section. 3. TYPE OF COMPENSATION RECOMMENDED: Temporary relocation to another place will require assistance to rent land and move disabled vehicles and for land preparation, all of which may be abandoned after a short while. Resettlement will strictly be for loss of income for about 8wks, during which all civil construction will have been concluded, set and secured. Because of design project activities (cut and fill and stabilization of channel walls) and need for space for project activities land users will vacate the land space but can resume their livelihood activities after civil construction. Willing people can be employed as unskilled workers during project activities. Mechanic (20,000.-/wk x 8wks – N160, 000.-) Panel Beater (18,000.-/wk x 8wks – N144, 000.-) Mechanic (20,000.-/wk x 8wks – N160, 000.-) Mechanic (15,000.-/wk x 8wks – N120, 000.-) Mechanic (15,000.-/wk x 8wks– N120, 000.-) Removal 3 immovable vehicles N 20,000 TOTAL N724, 000. BACKING THE GULLY BESIDE THEIR MECHANIC WORKSHOP 14. NO. 8 CHIME CLOSE OFFICIALLY KNOWN AS PLOT 33 AND 34 OMAGBA PHASE II ONITSHA (N 060 08’ 57.4’’/E 0060 49’ 07.15’’) A) DESCRIPTION OF PROPERTY 95 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 This site measures a total land area of approximately 1743.552sq.m, a purpose-built residential building still uncompleted as at date of inspection. The site of the subject property is fairly rectangular in shape, fenced with sandcrete block walls at the rear and two sides and open unto the gully area. The building covers a total built area of approximately. 296.8sq.m. Four flats are already completed and are already rented out. See photograph below No. 8 Chime Street B) CONSTRUCTIONAL DETAILS ROOF: Reinforced concrete decking form the roofs. WALLS: Reinforced concrete columns/pillars in-filled with sandcrete block walls rendered but not yet painted externally. CEILING: Reinforced concrete slabs form the ceiling at the lower floors; the upper most floors is not yet completed. DOORS: Both metal and wooden doors are used. WINDOW: Aluminum framed glazed sliding windows a.re used. FLOOR: The uppermost floor is not yet completed. The lower floor is of mass concrete over hard core fillings finished with cement sand screed FOUNDATION: Strip foundation of reinforced mass concrete base is presumed. C) ACCOMMODATION DETAILS: GROUND FLOOR Each floor accommodates 2/Nos. 3bedroom flats and 2/Nos 2 bed room flat at the middle. Each 3 bedroom flat accommodates as follows: 1/No. Sitting room 3/Nos. Bedrooms 1/No. Kitchen 1/No. Toilet 1/No. Bathroom 1/No. Staircase Lobby/Balcony Each 2 Bedroom flat accommodates as follows: 96 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 1/No. Sitting room 2/Nos. Bedrooms 1/No. Kitchen 1/No. Toilet 1/No. Bathroom 1/No. Staircase Lobby/Balcony 4. PROJECT IMPACTS ON LAND USERS: This building is literally at the edge of the gully towards the gully terminus. It is under severe threat from the baseline features of the gully but will be quite safe when the rehabilitation is over, provided it does not overburden the soil with multi-story development. Because it has an entrance from the side the use of the building may not necessarily be halted by the rehabilitation project. The intensity of civil works will increase toward the terminus but the residents are not under severe threat from project activities. The stabilization of the gully walls by the proposed rehabilitation project will make the landscape safer for limited development. The open spaces towards the building may be used for storage of work material and equipment which will affect access through restrictions. Residency in this building will thus be temporarily suspended to allow project contractor and workers unfettered access to all parts of the gully corridor. This temporary displacement will also save the people from air/noise pollution, vibrations, restrictions and other physical perturbations. Their displacement will be for 8wks corresponding to the completion of civil work in that section. However provision is made for the entire duration of the project, which is six months 5. TYPE OF COMPENSATION RECOMMENDED: Temporary relocation to another place will be the best option for occupants of the building. They will thus require assistance to rent fresh accommodation and to move their belongings. Occupants can resume stay after civil construction. The agricultural components are within the premises and, therefore, trigger no compensations. 6. TENANTS OCCUPANCY CHART TENANTS APARTMENTS HOUSEHOLD RENTS/ RENTS RELOCATION ADAPTATION SUB-TOTAL SIZE MONTH /6MONTHS SUPPORT LOGISTICS 3-BEDROOM 3 15,000 90,000.- 40,000 90,000 220,000 FLAT Ground Floor (5, 000x3x6) Back 97 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 2-BEDROOMS 3 12,000 72,000.- 30,000 90,000 192,000 Ground Floor Front (5,000x 3x6) 2-BEDROOMS 1 3,000 18,000.- 20,000 30,000 68,000 Ground Floor Front (5,000 x6) 3-BEDROOM 4 12,000 72,000.- 40,000 120,000 232,000 FLAT Ground Floor (5,000 x4x6) Midd 3-BEDROOM 3 15,000 90,000.- 40,000 90,000 220,000 FLAT First Floor (5,000x3x6) Front 3-BEDROOM 1 12,000 72,000.- 40,000 30,000 142,000 FLAT First Floor (5000x6) Middle 3-BEDROOM 2 15,000 90,000.- 40,000 60,000 190,000 FLAT First Floor (5,000x2x6) Back TOTAL 17 504, 000 250 000 510, 000 1, 264, 000 Table 5.8 House No. 8 Chime Close Tenants Occupancy Chart ECONOMIC TREES There are 27 Plantain trees growing on the site. SERVICES: Soak away pits and septic tanks are provided within the premises of the subject property for sewage disposal. Power supply is provided in the premises from the public mains. BUILDING UNDER CONSTRUCTION NEAR THE TERMINUS This structure said to be the framework of a Church building is under construction near the outfall of the New Heritage gully channel on the gully shoulder. See below 98 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Church building under construction at the gully edge outfall of the New Heritage erosion near 7B Adazienu Str and 8 Chime Close At the time of this valuation, nobody was met on site to divulge useful information about this property. However, it is a construction begun during the enumeration process which does not qualify it for compensation. 15) No. 5 HERITAGE AVENUE OMAGBA PHASE II ONITSHA. PROPERTY OF MRS. CHINYERE. N 060 08’ 54.8’’; E 0060 49’ 07.4’’ 1. DESCRIPTION OF PROPERTY This property is a land area that shares a common boundary with No.8 Chime Close. It covers a total land area of approximately 2879.7m2 and fenced with sandcrete block walls on three sides open unto the gully area. Some part of the land with the fence walls has already fallen into the gully. There are two building projects at a little beyond foundation level, but possibly discontinued because of the threat posed by the gully erosion problem. A shack attached to a fence wall made of plank, wood and zinc, houses a vulnerable household of eight persons who take care of the site on behalf of the owner. The household head, Peter Omoreh, is a cobbler who augments the family’s income through urban farming. Large portion of the land is cultivated with cassava and plantain suckers. The family will be impacted by the gully rehabilitation project and may be relocated. For the economic crops which will be destroyed by project activities, this household must be adequately compensated. B. PROJECT IMPACTS ON LAND USERS: The family of Peter Omoreh who owns the agricultural components will be impacted by the gully rehabilitation project in the course of civil construction if, as expected, the plants and equipment access the gully corridor through his farm. Noise pollution from plant operations and air quality impairment will make the area un-habitable for as long as the project activities last. The family, therefore, recommended for relocation. They also have to be compensated for the agricultural components. The project does not need to acquire the land, so the family can return to their farmland after construction. For economic crops which are likely to be destroyed by project activities, this household must be adequately compensated. 99 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 c. Type of compensation recommended. Relocation of family to a safer accommodation for the project duration (6months) 1 bedroom apartment at 48, 000 Relocation logistics 20, 000 Adaptation support 5, 000 x 8 x 6= 240, 000 Total 308, 000 Plates 7. Property showing the farmland and ECONOMIC TREES 86 cassava ridges ≈ 500sq. m x 150 = 12, 900 50 plantain/banana trees x200 = 10, 000.- 4 coconut trees x 700 = 2, 800 3 paw-paw trees x 700 = 2, 100 TOTAL N27, 800 GRAND TOTAL 335,80 100 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 APPENDIX 3: ATTENDANCE REGISTER FOR PUBLIC CONSULTATIONS AND FGD A.FIRST MEETING WITH COMMUNITY STAKEHOLDERS S/ Name Address Ge Contact Number Position N nd er 1 Chibuzo Nwamadu Gold Transport. Co. M 07067000536 Representative 2 Uzodim Okeke N/A M 07066699111 3 Proph. Francis Ezeh N/A M 08063639375 Property Owner 4 Michael Oruchi Ifesinachi Indust. Ltd M 08037295154 Representative 5 Abugu Ephraim ,, M 08033324659 ,, 6 Alphonsus Okoro N/A M 08037846091 7 Hyginus Okafor Ilo-Okoye (Nig). Ltd M 08065771135 ,, 8 Mrs Monica Onwudo No. 9 Heritage Avenue F 08033230907 Landlady 9 Emmanuel Okotu Gold Transport M NA PRO 10 Emmanuel Nwangwu ,, M 08067978583 Representative 11 Chukwudi Osulo ,, M 07061939016 ,, 12 Nome Prince Aloy ,, M O8037080632 ,, 13 Chinedu Nnamani ,, M 08030908770 ,, 14 Chimelie Amadi ,, M 08180630725 ,, 15 Chikwado Chinweike N/A M NA Caretaker 16 Linus Anioke Obasi Motors M 08033181402 Representative 17. Aloysius Okezue N/A M NA Landlord 18 Rev. S. Chukwu God’s release Assembly M 08037596490 Representative 19. Engr. Nathaniel O. N/A M 08038728301 ,, Public Consultation/Meeting at “Kedi House” January 24, 2014 by 11:30 B. SECOND MEETING WITH COMMUNITY STAKEHOLDERS FGD at Kedi House on February 11, 2014 S/N Name Gender Contact Number 1 Obasi Innocent M 08033181402 2 John Abugu M 08036335322 3 Patrick Emeka M 07032337788 101 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 4 Reginald Okeke M 08101231033 5 Simon Ali M 6 Ugwu Sunday M 07038863868 7 Chinweokwu Ikwunne M 08037822168 8 Stephen CY Obuzor 08039594672 9 Emmanuel Ugwuanyi M 08064037690 10 Boniface Oku M 08064037690 11 Ebube Obi M 08069348165 12 Ejike Agashi M 07032689955 13 Nwachukwu Chidinma F 07036050786 14 Innocent Ani M 08182407862 15 Johnson Chukwudi M 08034120834 16 Iyke Adinde M 08068532495 17. Rev. Innocent Okemka M 08033565211 18 Evang. Godwin Oguegbe M 08130413227 19. H.R.H. Igwe Fidelis Iyke Ugwu M 08063210026 20 Lawrence Ajugbe M 08038155637 21 Chukwudi Anunna M 08037545869 22 Prince Joseph Ikpeama M 08034327397 23 Francis O. Edeh M 08033237780 24 Chinedu Obi M 08033325443 25 RAPhael N. Ezeh M 08037743673 26 Agomuo Philemon M 08034412362 27 Usman Abuguja M 08036602826 28 Sunday Oti M - 29 Theophilus Eze M - 30 Samson Abugu M 07033665233 31 Anumnu Uzoamaka F 08062131308 32 Obasi Njideka F 08033265328 33 Sir A. C. Ifeka M 08033205989 34 Arthur Onweluzo M 08036767383 35 Obinna Nweke M 07064677901 36 Kwara Happiness Chimaobi F 08168723156 37 Mrs Joy Obasi F 0812612948 38 Mr. S. M. T. Obasi M 07068059908 39 Mr. Chima Charles M 08109683243 40 Onyia Chijioke M 07032363805 41 Echezona Udeka M 08039524854 102 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 42 Omeh Sunday Obinna M 0903312564 43 Idoko Izuchukwu M 07068546814 44 Mrs. Chika Akubuike F 08061128036 45 Mr. Friday Akubuike M 08032596686 C. THIRD MEETING WITH PAPs AND COMMUNITY LEADERS ATTENDANCE LIST OF FGD AT KEDI HOUSE ON 1ST MARCH, 2014 S/NO. NAMES PHONE NUMBERS 1 MRS AGBAKA MARY-JANE 08065340187 2 MRS CATHERINE MMADUBUONU 08063919296 3 MRS EZENWANNE NGOZI 08037385156 4 OTAGBA PATRICIA 07039012144 5 MRS. JOSEPHINE CHUKWU 08067563464 6 MRS. SAMUEL ALO 07065147143 7 MR. MIKE OKOLI 08039620851 8 MR. NELSON UME E.1 07034191471 9 EBUBE OBI 08069348165 10 LIVINUS ANI 08153437021 11 DOMINIC ORJI 08037986559 12 EGBEJIMBA RAPHAEL 08147800125 13 IGBOEMEKA SAMUEL C. 08064511451 14 NDUBUISI CHUKS 08034166465 15 LAWRENCE AJUIGWE (IFESINACHI G.M.) 08038155637 16 OBASI INNOCENT 08033181402 17 REV. FRANCIS EZE 06033240821 18 MRS. NGOZI OTUH 08093936984 19 MRS. JOHN MERCY IFEOMA 08034061404 20 EZEWUDO CHIBUIKE 08063366199 21 ANUMNU CHUKWUDI 08037545869 22 UZOAAMAKA ANUMNU 08062131308 23 OBASI CHUKWUMA 08133212610 24 BENEDETTE ECHEZONA 08037788783 25 OBASI KENECHUKWU 08062328527 26 NATHANIEL ORJI 08038728301 27 CHIKWADO CHINWEIKE 08063933112 28 CHUKWUDI JOHNSON 08034120834 29 CHUKS NDUBUISI 08034166465 103 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 30 FRIDAY AZUBUIKE 08032596686 31 REV. INNOCENT OKENNA 08033565211 32 CHIBUIKE NWEZE 08183076030 33 ONYIA CHIJIOKE M. 07032363805 34 ECHEZONA UDOKA 08039524854 35 JUSTINA ENUJIOKE 08038751127 36 MADUABUCHI ENUJIOKE 08035083280 37 EMEKA EEZEH 08037297242 38 SAMPSOM OBASI 07068059908 39 BARR. ANTHONY ILO-OKOYE 08035083280 40 ILO-OKOYE NIG. LTD. 08065771135 41 JOSHUA UBA 08032119791 42 ODINAKA ENYIOHA - 43 JOY OBASI - 44 MRS. EBELE EZEH 08034642714 104 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 APPENDIX 4: PROJECT DESIGN FEATURES Showing design dimensions and span civil works as basis for impact evaluation 105 NEWMAP: FINAL REPORT OF RESETTTLEMENT ACTION PLAN FOR NEW HERITAGE GULLY REHABILITATION, OMAGBA ONITSHA BY AWML INT. LTD. 2014 Longitudinal profile of the gully rehabilitation design 106