SFG2879 V2 Final Report ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) ABIDI VILLAGE, UMUOJI GULLY EROSION SITE Nigeria Erosion and Watershed Management Project ANAMBRA STATE PROJECT MANAGEMENT UNIT OCTOBER 2016 Table of Contents List of Figures .................................................................................................................. iv List of Tables .................................................................................................................... v DEFINITIONS..................................................................................................................... 6 ABBREVIATIONS ............................................................................................................... 8 EXECUTIVE SUMMARY ...................................................................................................... 9 1 CHAPTER ONE OVERVIEW OF NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (NEWMAP) ....................................................................................................... 15 1.1 Background ................................................................................................................. 15 1.1.1 Environmental and Social Safeguard Concerns ............................................................ 16 1.2 Purpose of the Abbreviated Resettlement Action Plan ................................................. 17 1.3 Justification for the preparation of an ARAP................................................................. 17 1.4 ARAP Methodology ..................................................................................................... 18 2 CHAPTER TWO DESCRIPTION OF THE PROJECT ENVIRONMENT AND BASELINE STUDIES 20 2.1 Anambra State ............................................................................................................ 20 2.2 Overview of Abidi Village Umuoji ................................................................................ 22 2.3 Overview of Umuoji .................................................................................................... 23 2.4 Overview of the Project Area ....................................................................................... 24 2.5 Baseline Information ................................................................................................... 25 2.6 Biological Environment ................................................................................................ 25 3 CHAPTER THREE POLICY LEGAL AND REGULATORY FRAMEWORK .............................. 27 3.1 Introduction ................................................................................................................ 27 3.2 The Resettlement Policy Framework (RPF) for the NEWMAP ........................................ 27 3.3 Relevant Nigeria Acts and Legislations ......................................................................... 28 3.3.1 Land Use Act of 1978 and Resettlement Procedures .................................................... 28 3.3.2 Forestry Act ................................................................................................................... 30 3.4 State Legislations ........................................................................................................ 31 3.5 International Guidelines .............................................................................................. 31 3.6 The World Bank Policy on Involuntary Resettlement (OP. 4.12) and the ARAP for Abidi Village Umuoji Gully Erosion site ............................................................................................ 31 3.6.1 Comparison between Land Use Act and the World Bank’s Policy (OP4.12) on Compensation ............................................................................................................................... 31 3.6.2 Conclusion Drawn from the Review of World Bank Policies on Involuntary Resettlement................................................................................................................................. 32 4 CHAPTER FOUR IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS ........................................................................................................................ 33 4.1 Impact Reduction Measures Undertaken ..................................................................... 33 4.2 Temporary and Permanent Land acquisition along the corridor .................................... 34 4.3 Positive Impacts of the project .................................................................................... 34 ii 4.4 Negative Impact of the Project .................................................................................... 34 4.5 Discussion of project Impacts ...................................................................................... 34 4.5.1 Summary of Inventory of affected assets/structures in the project area .................... 36 4.6 Census of Project Affected Persons (PAPs) ................................................................... 36 4.7 Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs ...... 36 4.8 Performance Indicator for Assessing Income Restoration ............................................. 37 4.9 The Valuation methodology ........................................................................................ 37 4.9.1 Valuation Method for Land Property ............................................................................ 39 4.9.2 Replacement Cost Method for Assets/Structures ........................................................ 39 4.9.3 Disturbance and Other Incidental Contingencies ......................................................... 39 4.9.4 PAPs Losing Permanent Structures-for Residential (immoveable structures) ............. 39 4.9.5 PAPs Losing Permanent Structures-for Business (immoveable structures) ................. 40 4.10 Proof of Eligibility ........................................................................................................ 40 4.11 Duration for Civil Works .............................................................................................. 40 4.12 Cut-Off Date................................................................................................................ 40 4.13 Entitlement Matrix for the PAPs .................................................................................. 40 4.14 Description of Eligibility Criteria for Defining Various Categories of PAPs ...................... 43 5 CHAPTER FIVE GRIEVANCE REDRESS MECHANISMS ................................................... 44 5.1 Introduction ................................................................................................................ 44 5.2 Grievances and Appeals Procedure .............................................................................. 44 5.3 Grievance Redress Process .......................................................................................... 45 5.3.1 Procedure for Effective Local Resolution of Grievance ................................................ 45 5.3.2 Court Resolution of Grievance Matters ........................................................................ 45 5.4 Grievance Redress Committee ..................................................................................... 46 5.5 Expectation When Grievances Arise ............................................................................. 47 5.6 Management of Reported Grievances .......................................................................... 47 5.7 Grievance Log and Response Time ............................................................................... 48 5.8 Monitoring Complaints ................................................................................................ 49 5.9 World Bank Group (WBG) Grievance Redress Service ................................................... 49 6 CHAPTER SIX STAKEHOLDERS CONSULTATION .......................................................... 50 6.1 Introduction ................................................................................................................ 50 6.2 Stakeholders Identification .......................................................................................... 51 6.3 Identified Stakeholder Groups ..................................................................................... 51 6.4 Community Consultations ........................................................................................... 52 6.5 Objective of Community Consultation.......................................................................... 52 6.5.1 The Stakeholders Consulted and their Concerns .......................................................... 52 6.5.2 Summary of Meetings with Stakeholders ..................................................................... 53 7 CHAPTER SEVEN BUDGET AND FINANCING PLAN ...................................................... 56 7.1 Introduction ................................................................................................................ 56 7.2 Financing plan ............................................................................................................. 56 7.3 Procedure for Delivering of Entitlements ..................................................................... 57 7.3.1 Engagement of Consultant (NGO)................................................................................. 57 7.4 ARAP Compensation Process ....................................................................................... 57 iii 7.5 Compensation Payment Administration ....................................................................... 58 7.6 Resettlement Implementation Linkage to Civil Works .................................................. 58 8 CHAPTER EIGHT INSTITUTIONAL ARRANGEMENTS- ROLES AND RESPONSIBILITIES .... 59 8.1 Introduction ................................................................................................................ 59 8.2 Institutional Arrangement ........................................................................................... 59 8.2.1 The Financier ................................................................................................................. 59 8.2.2 Federal Level ................................................................................................................. 60 8.2.3 State Level ..................................................................................................................... 60 8.2.4 Local Level ..................................................................................................................... 63 8.2.5 Community Level .......................................................................................................... 64 8.2.6 Others............................................................................................................................ 65 9 CHAPTER NINE TIME TABLE OF EVENTS ..................................................................... 66 9.1 Timetable for the Resettlement Action Plan ................................................................. 66 9.2 Training and Capacity Needs ........................................................................................ 67 10 CHAPTER TEN MONITORING AND EVALUATION ........................................................ 68 10.1 Overview .................................................................................................................... 68 10.2 Internal Monitoring ..................................................................................................... 68 10.3 Independent Monitoring ............................................................................................. 69 10.4 Monitoring Indicators .................................................................................................. 69 10.5 Implementation Schedule............................................................................................ 70 REFERENCES ................................................................................................................... 72 ANNEX 1 CENSUS REGISTRATION FOR PAPS .................................................................... 73 ANNEX 2 MONITORING INDICATOR FOR THE PERFORMANCE OF RAP INCOME RESTORATION ................................................................................................................ 78 ANNEX 3 INVENTORY OF AFFECTED ASSETS/STRUCTURES AND COMPENSATION FOR PAPS 79 ANNEX 4 CENSUS/ SOCIO-ECONOMIC DATA COLLECTION FORM ..................................... 84 ANNEX 5 TOWN HALL MEETING PROCEEDINGS ............................................................... 88 ANNEX 6 LAND SURVEY PLAN FOR CATCHMENT PIT and AGREEMENT MEETING WITH LAND OWNERS ............................................................................................................... 90 ANNEX 7 LIST OF VULNERABLE PERSONS ........................................................................ 92 ANNEX 8 BREAKDOWN OF ASSETS VALUED AND COMPENSATION .................................. 93 ANNEX 9 LAND OWNERS CENSUS AND AGREEMENT FORM ........................................... 112 LIST OF FIGURES FIGURE 1 MAP OF ANAMBRA SHOWING PROJECT LGA HIGHLIGHTING PROJECT LOCATION .............................. 20 iv FIGURE 2 PALLIATIVE MEASURE WASHED BY EROSION ....................................................................................... 24 FIGURE 3 SECTION OF THE GULLY AT ABIDI VILLAGE ........................................................................................... 24 FIGURE 4 AVERAGE YEARLY INFLATION RATE (CBN, 2016) .................................................................................. 38 FIGURE 5 AVERAGE MONTHLY INFLATION RATE (CBN, 2016) .............................................................................. 38 FIGURE 6 GRIEVANCE REDRESS PROCEDURE ....................................................................................................... 47 FIGURE 8 TRADITIONAL RULER OF UMUOJI BREAKING KOLANUT ....................................................................... 54 FIGURE 7 DR. ANYADIEGWU RESPONDING TO QUESTIONS ................................................................................. 54 FIGURE 10 CROSS SECTION OF WOMEN GROUP DURING CONSULTATION ......................................................... 54 FIGURE 9 STAKEHOLDER EXPRESSING CONCERN ................................................................................................. 54 FIGURE 11 CONSULTANT TEAM INSPECTING IN UMUOJI..................................................................................... 54 FIGURE 12 WOMEN LEADER DURING CONSULTATION ........................................................................................ 54 LIST OF TABLES TABLE 8 SUMMARY OF ARAP BUDGET ................................................................................................................. 14 TABLE 1 SOME COMMON PLANTS FOUND WITHIN THE PROJECT COMMUNITY ................................................. 25 TABLE 2 COMPARISON OF NIGERIAN LAND USE ACT AND WORLD BANK OP4.12 ON COMPENSATION ............. 32 TABLE 3 MARKET SURVEY ..................................................................................................................................... 37 TABLE 4 ENTITLEMENT MATRIX TABLE FOR PAPS ................................................................................................ 40 TABLE 5 TYPICAL REPORTING FORMAT FOR GRIEVANCE REDRESS ...................................................................... 48 TABLE 6 IDENTIFIED STAKEHOLDER GROUPS ....................................................................................................... 51 TABLE 7 COMMENTS, CONCERNS, QUESTIONS AT COMMUNITY MEETINGS AND CONSULTATIONS .................. 54 TABLE 8 SUMMARY OF ARAP BUDGET ................................................................................................................. 56 TABLE 9 TIMETABLE FOR COMPLETION OF ARAP IMPLEMENTATION ................................................................. 66 TABLE 10 CAPACITY BUILDING SCHEDULE AND COST .......................................................................................... 67 TABLE 11 SUMMARY OF IMPLEMENTATION SCHEDULE ...................................................................................... 70 v DEFINITIONS Children: all persons under the age of 18 years according to international regulatory standard (Convention on the rights of Child 2002) Community: a group of individuals broader than households, who identify themselves as a common unit due to recognized social, religious, economic and traditional government ties or shared locality. Compensation: payment in cash or in kind for an asset or resource acquired or affected by the project. Cut-off-Date: the date of completion of inventory of losses and census of project affected persons Economic Displacement: a loss of productive assets or usage rights or livelihood capacities because such assets / rights / capacities are located in the project area. Entitlement: the compensation offered by RAP, including: financial compensation; the right to participate in livelihood enhancement programs; housing sites and infrastructure; transport and temporary housing allowance; and, other short term provisions required to move from one site to another. Head of the Household: the eldest member of the core family in the household, for the purpose of the project. Household: a group of persons living together who share the same cooking and eating facilities, and form a basic socio-economic and decision making unit. One or more households often occupy a homestead. Involuntary Resettlement: resettlement without the informed consent of the displaced persons or if they give their consent, it is without having the power to refuse resettlement. Lost Income Opportunities: lost income opportunities refers to compensation to project affected persons for loss of business income, business hours/time due to project Operational Policy 4.12: Describes the basic principles and procedures for resettling, compensating or at least assisting involuntary displace persons to improve or at least restore their standards of living after alternatives for avoiding displacement is not feasible Physical Displacement: a loss of residential structures and related non-residential structures and physical assets because such structures / assets are located in the project area. Private property owners: persons who have legal title to structures, land or other assets and are accordingly entitled to compensation under the Land Act. Project-Affected Community: a community that is adversely affected by the project. Project-Affected Person: any person who, as a result of the project, loses the right to own, use or otherwise benefit from a built structure, land (commercial, residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Rehabilitation: the restoration of the PAPs resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. Relocation: a compensation process through which physically displaced households are provided with a one-time lump-sum compensation payment for their existing residential structures and move from the area. 6 Replacement Cost: the amount of cash compensation and/or assistance suffices to replace lost assets and cover transaction costs, without taking into account depreciation or salvage value. Resettlement Action Plan (RAP): documented procedures and the actions a project proponent will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by a project. Resettlement Assistance: support provided to people who are physically displaced by a project. This may include transportation, food, shelter, and social services that are provided to affected people during their resettlement. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. Resettlement: a compensation process through which physically displaced households are provided with replacement plots and residential structures at one of two designated resettlement villages in the district. Resettlement includes initiatives to restore and improve the living standards of those being resettled. Squatters: squatters are landless household squatting within the public / private land for residential and business purposes. Vulnerable group: People who by their disadvantage conditions will be economically worse impacted by project activities than others such as female headed households, persons with disability, at-risk children, persons with HIV-AIDS and elderly household heads of 60 years and above. 7 ABBREVIATIONS ARAP Abbreviated Resettlement Action Plan BP Bank Policies CBO Community Based Organization CSO Community Support Organizations DaLA Damage and Loss Assessment EA Environmental Assessment EPA Environmental Protection Agency ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FGN Federal Government of Nigeria FMEnv Federal Ministry of Environment FSLC First School Leaving Certificate GDP Gross Domestic Product GRC Grievance Redress Committee IDA International Development Association LGA Local Government Area M&E Monitoring and Evaluation MDAs Ministries, Departments & Agencies NEWMAP Nigeria Erosion and Watershed Management Project NGOs Non-Governmental Organizations OP Operational Policies (of the World Bank) PAD Project Appraisal Document PAP Project Affected Persons PDO Project Development Objectives PID Project Information Document PMU Project Management Unit RAP Resettlement Action Plan RPF Resettlement Policy Framework SMEnv State Ministry of Environment SPMU State Project Implementation Unit STDs Sexually Transmitted Diseases ToR Terms of Reference 8 EXECUTIVE SUMMARY INTRODUCTION The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed Management Project (NEWMAP), financed by the World Bank, Global Environment Facility, the Special Climate Change Fund, and the Government of Nigeria. The Project Development Objective (PDO) of the NEWMAP is to improve erosion management and gully rehabilitation; increase incomes for rural households from improved agricultural and forest practices through the use of conservation agriculture, agroforestry, natural regeneration, etc.; and gain efficiency in public administration and public spending through improved knowledge base, analytical tools, multi-sectoral coordination and stakeholder dialogue. Various documents have been prepared in line with NEWMAP, and they include; Environmental and Social Management Framework (ESMF), Resettlement Policy Frameworks (RPF), Project Appraisal Document (PAD) prepared for the Nigerian Erosion and Watershed Management Project. This report focuses on the Abbreviated Resettlement Action Plan (ARAP) developed for the Rehabilitation of the Abidi Village Umuoji Gully Erosion Idemili North LGA of Anambra State Nigeria. The aim of the ARAP is to identify and assess the human impact of the proposed works at the Gully Erosion Site, and to prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws. Experience has shown that involuntary resettlement can cause loss of income, assets, and community ties that, especially among the poor, can be essential for survival and wellbeing. In extreme cases, involuntary resettlement can lead to the dissolution of families, impoverishment and health problems. The ARAP will identify the project- affected persons (PAPs), engage them in participatory discussions regarding the plan and formulate an action plan for compensation. DESCRIPTION OF THE PROPOSED PROJECT The proposed rehabilitation works is part of the intervention programme of the World Bank (NEWMAP sub-project), which is aimed at reclaiming of the already degraded part of the region for subsequent utilization of land for either agricultural purposes or other developmental projects. These will consider the following:  Refilling part of the gully to rehabilitate existing roads by carrying out complete or partial reclamation on the gully;  Construction of collector drains along the main roads overlooking the intervention in order to prevent further runoff concentration along secondary roads;  Provision of proper interceptor drains to safely discharge water through chutes and stilling basins;  Provision of concrete channels in infrastructure areas and check dams at suitable intervals (300mm) at gully bed of the main gully; and Vegetation measures including afforestation by planting of fast growing vetiver grass, elephant grass or any other deep rooted fast growing grass to stabilise the eroded areas. The Project Area The Abidi Village erosion site stretches out over 3km spanning several villages in Umuoji. Part of the site, is 1.3km long deep gully within Abidi, Uruegbe and Urumkpu villages which requires urgent intervention. The remaining 1.7km is a road upstream of the gully which is slowly eroding away. This section also needs an urgent attention to stop the gully from developing. The Abidi Village erosion 9 site has developed partly due to the undersized road side drainage canal and negligence of the road maintenance. The gully has shallow depths at its tail and head and is deeper in the middle section, up to 12m depth. The width of the gully varies from 10m at shallower area to 30m at the deeper section. The shape of the gully is generally V-shape with a side slope ranging from 300 to 500. In some areas, the level of gully erosion is so advanced that it destroyed the whole road and is encroaching into private properties. The project area is populated and residents are farmers, business men/women as well as public servants, There are also traders and artisans living within the project communities. Within the areas consist of schools, Primary Healthcare Centre and Churches. There is also a village market (Nkwo Abidi Market) and commercial areas within the project community.. POLICY, LEGAL AND REGULATORY FRAMEWORK A number of national and international environmental guidelines are applicable to the operation of the NEWMAP. The Bank’s policy on Involuntary Resettlement advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement shall be conceived and executed as a sustainable development program, where it is inevitable, providing sufficient investment resources to enable persons displaced by the project share in project benefit. This ARAP will be aligned with the World Bank Operational Policies including Involuntary Resettlement Policy, which indicate best practices for rehabilitation of livelihoods of people affected by the implementation of the project. IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS The inventory taken showed that Permanent land acquisition will occur for 9 (Nine) of the PAPs as a result of the project. This involves the area where the catchment pit (70x50M2 will be dug. The owners were consulted and documented during the ARAP preparation. Crops planted on farmlands and associated economic trees were observed as important features that would be affected in the event of the proposed work along the corridor of the gullies. It was also observed that crops planted within the ROW of the drainages and access road as well as encroachment of structures and fences are other categories of impacts by the proposed work. IMPACT REDUCTION MEASURES The following are technical steps taken in consultation and concurrence of Anambra State NEWMAP PMU and the Design Engineers which have resulted in the reduction of adverse impacts of the project:  The engineering design for the intervention using gabion retaining walls and interlocked blocks over filtered materials at critical areas near the gully corridor (especially close to structures) was employed. This will help retain the existing structure thereby preventing possible demolition of the structure. Also geotextile was also employed in some areas.  The setback for access and buffer on the corridor was made known to the stakeholders to be 10 meters and that in the event of work in such locations all affected properties are to be removed by their owners to give the required right of way for the work.  The design for the catchment pit was realigned to avoid the stadium-Eke market road as well as other structures.  Consulting/communicating with the people of the project area and PAPs in particular on the day and time to expect civil work activities within their respective location. This will give the PAPs opportunity to harvest mature crops before the beginning of civil works. 10 Census of Project Affected Persons (PAPs) The outcome of the census conducted shows that 54 assets will be potentially impacted. Which include persons that will be potentially impacted or suffer socio-economic losses as a result of sub- project activities. Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs Ten (10) vulnerable persons were enumerated during the ARAP census, They consist of widows (3 Nos), female- headed households (3 Nos), and the elderly poor persons (above 60) with dependents (4 Nos).. There was no vulnerable PAP in the category of HIV-AIDS persons and child headed households. No mentally disabled persons were identified as part of the PAPs. Performance Indicators for Assessing Income Restoration It is the responsibility of the monitoring and evaluation officer or the Safeguard Officer at the SPMU to design a schedule and budget for monitoring the implementation of the ARAP which will begin before project implementation and continue through the life cycle of the project. The monitoring indicators, for the ARAP income restoration progress is attached as annex 2 of this report. The Valuation methodology The asset valuation was conducted based on the current market prices in the project area. For some materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the average market price plus 2% price flexibility adjustment was used for the valuation. Valuation Method for Land Property In line with OP 4.12 of the World Bank on involuntary resettlement as stated in the entitlement matrix, land for land entitlement is prescribed. Replacement Cost Method for Assets/Structures The Replacement Cost Method, which is used in estimating the value of the property/structure, is based on the assumption that the capital value of an existing development can be equated to the cost of reinstating the development on the same plot at the current labour, material and other incidental costs. The DaLa method was also employed in the assessment of cash crops and economic trees. Disturbance and Other Incidental Contingencies Affected business premises which will have to close shop or be relocated will be given compensation for loss of business time/income and cash or in kind assistance to enable the relocation of affected property. Only one (1) PAP was identified as eligible for this due to relocation of his shop. This has been factored into the full compensation and details are shown in Annex 3 STAKEHOLDERS /FOCUS GROUP ENGAGEMENT The public consultation strategy for the ARAP activities evolved around the provision of a full opportunity for involvement for all stakeholders, especially the PAPs. Concerns raised by the stakeholders are documented and incorporated in this report and used to develop mitigation and/or enhancement measures for the GRM as well as inform possible design alternatives via community involvement. The stakeholders were informed of the visits through the existing communication line between the SPMU and the communities. The Community leaders through the use of town criers, church announcements and phone calls, informed the rest of the community of the proposed meetings. 11 Consultation Method: A combination of various consultation methods were used to assess knowledge, perception and attitude of the groups consulted concerning the project, and its potential environmental and social impacts. An Advocacy Visit, Focal group meetings, Town hall meeting and Feedback meetings were conducted. Advocacy visit and town hall meetings were held on April 26th 2016 and May 3rd 2016 at the HRH Igwe Cyril’s Palace and Umuoji Community Hall respectively. The Consultancy team visited the palace of HRH Igwe Cyril N. Enweze on 26th of April, 2016. The purpose of the visit was to inform him on the project development and liaise with him on how to achieve maximum involvement of Umuoji people on the project. During the Town hall meeting, the stakeholders were given a general overview of the project, the component and information regarding the ESMP and ARAP especially the census/inventory and other relevant information in the RPF and TOR . Concerns and remarks were noted and documented as seen below; Comments/Concerns/Questions Raised Consultant’s Responses to Issues Raised Resident Stakeholders welcomed the proposed project The consultant acknowledged the residents and were very much delighted and positive with regards widespread support for the proposed project to the approach undertaken by the AN-NEWMAP and and encouraged them to sustain it World Bank to address the current problems of throughout the project cycle watershed and erosion, which are currently affecting their lives negatively. Erosion and flooding have caused damages to the The Engineering Design states that road people’s homes and loss of livestock, personal construction will be undertaken to sustain the possessions and cutting of major roads that links proposed rehabilitation works. various communities. Does the project encompass road construction? Members of the community had before now carried out One of the NEWMAP components is to help some palliative measure (use of concrete structures, communities build capacity to check erosion sand bags and drainages) to mitigate the impact of the and effectively manage their watersheds on a gullies at different sections though these additions sustainable basis have been totally eroded by exacerbated impact of the gully. Are there plan in place to enable the communities sustain measures in areas that are not captured by the proposed project? The present watershed and gully erosion are serious The consultant noted the view. He also problems spanning and devastating major roads in clarified that road construction is part of the Umuoji community. Road construction should be design for the intervention. incorporated if not captured. 12 Comments/Concerns/Questions Raised Consultant’s Responses to Issues Raised The majority of stakeholders commented that The Consultant endorsed this view. awareness creation was essential for the long-term success of the erosion and watershed management program; and that manpower development should be included in the program. The construction activities may result in loss of Yes, there will be compensations for property properties, lands or damage to their economic trees damages or loss of assets as a result of and crops. In such cases, will there be compensations project implementation. The purpose of the for such damages? RAP is to methodically identify such properties and assets that may be impacted and establish level of compensations that may be made. Community safety concerns regarding the next cycle of The concerns were noted. It is important that rainy season were keenly expressed. The community is the community provide the necessary support very apprehensive of the advancement of the gully to help speed up conclusion of all due when the rains come pounding. diligent aspects of the project. It is hoped that the project will proceed expeditiously enough as to not cause further damages to the community; this could only be done when ESMP and ARAP reports are concluded. HRH Igwe took time to plead with the resident to The Consultant endorsed this view. exercise patience and work continuously with the consultants as World Bank projects involves stages and process implementation Will there be compensation for impacts associated with Yes. Any losses resulting from the project resettlement, economic losses, crops, cultural heritage implementation will be compensated. and physical displacement? Will there be compensation for loss of land? The consultant explained the setback based on the engineering design and stated that those whose lands are affected will be compensated in line with world Bank OP4.12 BUDGET AND FINANCING PLAN Since the Anambra State Ministry of Environment is the one impacting livelihoods, it will be their responsibility to fund the ARAP budget. It will be financed through the projects administrative and financial management rules and manuals like any other sub-activity of the project eligible for payment under this project. ARAP Compensation Process: The compensation process will involve several steps in accordance with the report. 13 Compensation Payment Administration: The resettlement budget details prepared in this ARAP shall be the guide for the Consultant/NGO to be engaged for ARAP payment Resettlement Implementation Linkage to Civil Works Before any project activity is implemented, PAPs will need to be compensated/resettled in accordance with the entitlement matrix/budget plan established in this ARAP Summary of Budget Estimate for ARAP Implementation Table 1 Summary of ARAP Budget S/N DESCRIPTION TOTAL 1 ARAP Compensation/Assistance Budget for 54 PAPs (determined) Land Acquisition N 14,080,217.61 Crops and Agricultural Resources N 1,293,800.00 Structures N 2,054,140.00 Sub-Total: Compensation N 17,428,157.61 2 Capacity Building and Training for ARAP Implementation N4,527,819.00 3 Operating cost including income restoration measures and N 1,742,815.76 Monitoring of RAP Implementation/Contingencies (10 % of ARAP compensation Budget) 4 Cost of engagement of consultant/NGOs for compensation N1,500,000.00 payment *TOTAL N 25,198, 792.40 *Allow time for annual/seasonal crop owners to harvest their crops. Careful management of the site based on 10m setback and aligning chainages (a distance measured along imaginary line used in survey often corresponding to the centre of a straight road ) will reduce compensation amount INSTITUTIONAL MATRIX The major institutions that are involved in this resettlement process are the Anambra State Ministry of Environment (SMEnv) the World Bank, and the Resettlement Implementation Committee (RIC). TIMETABLE FOR THE RESETTLEMENT ACTION PLAN The ARAP has to be completed and PAPs adequately compensated before operation in the designated project area. Training and Capacity Needs It is necessary that the PMU and the Grievance Redress committee be educated on the modus operandi of involuntary resettlement and how to manage grievance cases and also for PAPs to understand optimal measures for livelihood restoration and the opportunities to possibly take advantage of. GRIEVANCE REDRESS MECHANISM The likelihood of dispute is much reduced because the few affected persons due to the erosion control project have been greatly consulted. Nevertheless, the Grievance redress mechanisms designed herewith has the objective of solving disputes at the earliest possible time, which is in the interest of all parties concerned; it thus implicitly discourages referring such matters to the law courts for resolution, which would take a considerably longer time. GRC will hear complaints and facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce litigation. 14 MONITORING AND EVALUATION There will be two levels of monitoring; namely internal monitoring and external monitoring. Under internal monitoring the Anambra State Ministry of Environment will hire a monitoring and evaluation officer to work with the PMU while an external monitoring and evaluation officer will be engaged periodically by SPMU,. 1 CHAPTER ONE OVERVIEW OF NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (NEWMAP) 1.1 Background The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed Management Project (NEWMAP), which is financed by the World Bank, Global Environment Facility, the Special Climate Change Fund, and the Government of Nigeria. NEWMAP finances activities implemented by States and activities implemented by the Federal government. The project currently includes 7 states, namely Anambra, Abia, Cross River, Edo, Enugu, Ebonyi, and Imo. The Nigeria Erosion and Watershed Management Project (NEWMAP) aims to reduce vulnerability to soil erosion in targeted sub-catchments. The Project Development Objective (PDO) of the NEWMAP is to improve erosion management and gully rehabilitation; increase incomes for rural households from improved agricultural and forest practices through the use of conservation agriculture, agroforestry, natural regeneration, etc.; and gain efficiency in public administration and public spending through improved knowledge base, analytical tools, multi-sectoral coordination and stakeholder dialogue. NEWMAP investments include a strategic combination of civil engineering, vegetative land management and other catchment protection measures, and community-led adaptive livelihood initiatives. The sustainability of these investments will be reinforced by strengthening institutions and information services across sectors and States, including support to improve governance, regulatory compliance, environmental monitoring, impact evaluation, catchment and land use planning, and to strengthen Nigeria’s capacity to promote and implement climate-resilient, low- carbon development. NEWMAP involves many Federal and State Ministries, Departments and Agencies (MDAs), local governments, communities, and civil society. Effective implementation requires inter- ministerial and inter-state coordination, collaboration, and information sharing. Each component, sub-component and activity will be implemented through relevant Federal and State MDAs. The various MDAs include those responsible for planning, economy and finance, works, agriculture, water resources, forests, transport, power, emergency response, as well as those focused on climate and hydrological information or catchment/ basin regulation. Most of NEWMAP’s investments will be made at the State level, as States have primary responsibility for land management and land allocations. NEWMAP Components (as documented in the PIM) are divided into 4 viz; Component 1: Erosion and Catchment Management investment 15  Sub-component 1A Gully Rapid Action and Slope Stabilization Sub-component  1B Integrated Catchment Management  Sub-component 1C Adaptive Livelihoods Component 2: Erosion and Catchment Management Institutions and Information Services  Sub-component 2A Federal MDA Effectiveness and Services Sub-component  2B State MDA Effectiveness and Services Sub-component  2C Local Government Capacity Sub-component  2D Private Sector Capacity Component 3: Climate Change Agenda Support  Sub-component 3A Policy and Institutional Framework Sub-component  3B Low Carbon Development Component 4: Project Management Various documents have been prepared in line with NEWMAP, and they include an Environmental and Social Management Framework (ESMF), a Resettlement Policy Framework (RPF) and a Project Appraisal Document (PAD) prepared for the Nigerian Erosion and Watershed Management Project. This report focuses on the Abbreviated Resettlement Action Plan (ARAP) developed for the Rehabilitation of the Abidi Village Umuoji gully erosion site in Idemili North LGA of Anambra State, Nigeria. The Abidi Village erosion site stretches out over 3km spanning several villages in Umuoji. Part of the site, is 1.3km long deep gully within Abidi, Uruegbe and Urumkpu villages which requires urgent intervention. The remaining 1.7km is a road upstream of the gully which is slowly eroding away. This section also needs an urgent attention to stop the gully from developing. The Abidi Village erosion site has developed partly due to the undersized road side drainage canal and negligence of the road maintenance. The gully has shallow depths at its tail and head and is deeper in the middle section, up to 12m depth. The width of the gully varies from 10m at shallower area to 30m at the deeper section. The shape of the gully is generally V-shape with a side slope ranging from 300 to 500. In some areas, the level of gully erosion is so advanced that it destroyed the whole road and is encroaching into private properties. The Anambra NEWMAP intends to rehabilitate the gully erosion site and reduce longer-term erosion vulnerability in the targeted area. The activities for this sub-project will involve civil works within the small watershed. This includes construction of drainages, stabilization and/or rehabilitation of the gullies. The proposed work activities could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement and hence the need for a Resettlement Plan. 1.1.1 Environmental and Social Safeguard Concerns The environmental and social safeguards concerns for NEWMAP are addressed through two national instruments already prepared under the project: an Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF). 16 Environmental and Social Management Framework (ESMF): In general, the ESMF specifies the procedures to be used for preparing, approving and implementing  Environmental/Social Assessments (ESAs, or alternately both an SA or an EA) and/or  Environmental/Social Management Plans (ESMPs, or alternately both an EMP and SMP) for individual civil works packages developed for each project. ESMPs are essential elements for Category B projects. Resettlement Policy Framework (RPF): The RPF applies when land acquisition leads to the temporary or permanent physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources due to project activities. It sets out the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of project-affected people, and specifies the contents of a Resettlement Action Plan (RAP) for each package of investments. A Resettlement Policy Framework (RPF), which serves as a practical tool during the programme formulation, design, implementation and monitoring, was prepared for NEWMAP, which serves as a guide for the present terms of reference. The activities of Component 1 will involve civil works in specific intervention sites – that is, construction of drainage works and/or rehabilitation of gullies. This could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement. 1.2 Purpose of the Abbreviated Resettlement Action Plan The aim of the ARAP is to identify and assess the human impact of the proposed works at the Abidi Village Umuoji Gully erosion Site, and to prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws. Experience has shown that involuntary resettlement can cause loss of income, assets, and community ties that, especially among the poor, can be essential for survival and wellbeing. In extreme cases, involuntary resettlement can lead to the dissolution of families, impoverishment and health problems. The ARAP will identify the project affected persons (PAPs), engage them in participatory discussions regarding the plan and formulating a plan of action to adequately compensate people for their losses. 1.3 Justification for the preparation of an ARAP The Policy of the World Bank is to ensure that persons involuntarily resettled caused by the taking of land in the context of a project supported by the Bank, have an opportunity to restore or improve their level of living to at least the pre-project level. Project affected people should participate in the benefits of the project and they should be given options regarding how they restore or improve their previous level of living. In the NEWMAP project it is not sufficient for communities to passively accept project works and the impacts of these works. Rather they must be mobilized to contribute actively to project design and implementation and to maintain the woks following implementation. This feature underscores the need for accurate analysis of local social organization. 17 Although majority of the civil works will occur within the ROW for public facilities, involuntary resettlement is triggered according to OP4.12 of the IDA because the impacts of the sub-projects might cause persons and communities to be economically worse off and may fuel crises in the project area, which could render the project unsustainable. The core requirement of the OP 4.12 – Involuntary Resettlement is as follows:  Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs.  Assist project affected persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them back to the former status  Encourage community participation in planning and implementing resettlement.  Provide assistance to affected people regardless of the legality of land tenure. A Resettlement Action Plan (RAP) is prepared where major impact is anticipated, that is;  if affected people will be physically displaced  More than 10% of their productive assets/total land hold are lost/acquired and  More than 200 people are to be directly adversely affected. However, an ARAP is prepared where minor impacts are envisaged. That is the reverse of the conditions stated above for a RAP. This is envisaged for the Abidi Village Umuoji gully erosion sites. 1.4 ARAP Methodology This ARAP involves a number of coordinated approaches and action plans tailored towards addressing the scope of work and objectives set out in the TOR. The Consultant took the following steps and approaches: 1) Initial meetings with Anambra State NEWMAP SPMU and the Engineering Design Consultant This meeting offered the opportunity to clarify relevant issues in the terms of reference and to agree on deliverables and timelines. The outcome of this meeting culminated in the collection of relevant documents from project proponent, Engineering design team and other relevant bodies. These documents include Engineering Drawings, Resettlement Policy Framework for NEWMAP, Environmental and Social Management Framework for NEWMAP, NEWMAP Project Implementation Manual (PIM), NEWMAP Project Appraisal Document (PAD), Nigeria Land Use Act (1978) and World Bank guidelines and Policies on Involuntary Resettlement. Also the consultant held several meetings with the engineering consultants (SMEC Ltd) to discuss on the design concept. This helped in throwing more light on the approach for the proposed civil works as well as the measures taken to minimize impact. All relevant document were collected. 2) Literature Review 18 The team duly reviewed all the relevant documents. The review exercise was helpful in understanding the relationship and gaps in the policy frameworks of the World Bank on one hand and the country laws and policies on involuntary displacement. Also it helped in understanding the actual design for the intervention. From the review of the policy documents stated above, the necessary requirements for this ARAP were ascertained. 3) Initial/Reconnaissance Site Visit and Stakeholder Consultation This step was important to determine the magnitude and nature of the anticipated impacts identify the affected communities, community leaderships and associations in which potential PAPs belong. It was also used to consult with the stakeholder whose assistances and cooperation is expected to ensure sustainable project implementation. 4) Engagement of field officers/enumerators Enumerators were selected from the consultant’s office and this selection was based on field experience. The field officers were trained on the use of the survey instruments and on the nature of the policy guidelines that underlay the project. This was undertaken with mock exercise carried out to test their understanding and capabilities before embarking on field survey. 5) Identification of PAPS and Affected Assets Identification of project-affected persons (PAPs) was based on the following considerations: Owners of assets/structures within 10 meters set back along the corridor of the gullies as well as Owners of assets/structures along the right of way (ROW) where the drainage construction will take place. This was done taking into cognizance the location of public utility (electricity) poles along the ROW. Details on this are presented in Chapter Five 6) Consultation of Affected Communities, PAPs and MDAs Series of consultations were undertaken in the course of the preparation of the ARAP. The consultant engaged the Traditional Ruler (Igwe Umupji) and his Cabinet Chiefs, Nzes, Associations and Umuoji Improvement Union leaders, Women leaders and other community organizations in the dissemination of information to the project area. The essence of this was to inform them of the exercise and invite all stakeholders and project affected persons to a public consultation with date, venue and time specified. Focus group consultations were also carried out with the PAPs, Vulnerable groups and Women groups. 19 2 CHAPTER TWO DESCRIPTION OF THE PROJECT ENVIRONMENT AND BASELINE STUDIES 2.1 Anambra State Anambra State is located within the Southeastern zone of Nigeria with a land mass of over 4120 sq. km. The state has a population of 4,055,048 (2006 Census). Anambra state is situated on a low elevation on the Eastern side of the River Niger and shares boundaries with Kogi, Enugu, Imo, Abia, Delta, Rivers and Edo states. Local Government Areas The twenty-one (21) Local Government Areas in Anambra State are: Aguata, Anambra East, Anambra West, Aniocha, Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili South, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba North, Orumba South, Oyi. The project area is situated in Umuoji, which is a small town in Idemilli North Local Government Area of Anambra state. 20 Figure 1 Map of Anambra Showing Project LGA highlighting project location Geology Anambra State lies in the Anambra Basin and has about 6,000 m of sedimentary rocks. The sedimentary rocks comprise ancient Cretaceous deltas, somewhat similar to the Niger Delta, with the Nkporo Shale, the Mamu Formation, the Ajali sandstone and the Nsukka Formation as the main deposits. On the surface the dominant sedimentary rocks are the Imo Shale a sequence of grey shales, occasional clay ironstones and Sandstone beds. The Imo Shale underlies the eastern part of the state, particularly in Ayamelum, Awka North, and Orumba North LGAs. Next in the geological sequence, is the Ameke Formation, which includes Nanka Sands, laid down in the Eocene. Its rock types are sandstone, calcareous shale, and limestone in thin bands. Outcrops of the sandstone occur at various places on the higher cuesta, such as at Abagana and Nsugbe, where they are quarried for construction purposes. Nanka sands out crop mainly at Nanka and Oko in Orumba North LGA. Lignite was deposited in the Oligocene to Miocene; and it alternates with gritty clays in places. Outcrops of lignite occur in Onitsha and Nnewi. The latest of the tour geological formations is the Benin Formation or the coastal plain sands deposited from Miocene to pleistocene. The Benin Formation consists of yellow and white sands. The formation underlies much of lhiala LGA. Thick deposits of alluvium were laid down in the western parts of the state, south and north of Onitsha in the Niger and Anambra river floodplains. Landforms and Drainage Anambra State falls into two main landform regions: a highland region of moderate elevation that covers much of the state south of the Anambra River, and low plains to the west, north, and east of the highlands. The highland region is a low asymmetrical ridge or cuesta in the northern portion of the Awka Orlu Uplands, which trend roughly southeast to North West, in line with the geological formations that underlie it. It is highest in the southeast, about 410m above mean sea-level, and gradually decreases in height to only 33m in the northwest on the banks of the Anambra River and the Niger. The lower cuesta, formed by the more resistar sandstone rocks of the Imo Shale, rises to only 150m above mean sea level at Umuawulu an decreases in height north westward to only 100m < Achalla. Its escarpment faces the Mamu River plain and has a local relief of between 80 and 30m West of it. This is the higher cuesta, formed by the sane stones of the Ameke Formation. Its height is above 21 400m in the south-east at lgbo-ukwu and lsuofii decreasing north-westward to less than 300m at Agbana, and to only 100m at Aguleri. Vegetation and Soils: Three soil types can be recognised in Anambra State. They are: (i) alluvial soils, (ii) hydromorphic soils, and (iii) ferallitic soils. The alluvial soils are pale brown loamy soils. They are found in the tow plain south of Onitsha in Ogbaru and in the Niger Anambra low plain north of Onitsha. They differ from the hydromorphic soils in being relatively immature, having no well-developed horizons. Ecological Issue: Some of the major ecological issues encountered in Anambra mostly includes; flooding and erosion. The erosion issues have exacerbated overtime due to the extensive forest clearing, often by bush burning, and continuous cropping with little or no replenishment of soil nutrients. This further resulted in the disruption of the ecological equilibrium of the natural forest ecosystem. Such a situation in a region of loosely consolidated friable soils is prone to erosion, giving rise to extensive gully formation typical to the one experience in Enugu-Ukwu village and several other communities in Anambra State. 2.2 Overview of Abidi Village Umuoji Umuoji people, who occupy the present place known as Umuoji town in the Idemili North Local Government of Anambra State, southeast geo-political zone of Nigeria, naturally fall among the people whose early history is much affected by lack of or non-existence of a written record. Two (2) possible sources about Umuoji origin have been postulated. Both apparently are derived from oral tradition. The first more widely held, is that Umuoji people originated from a man called Ojiji Okodu, who was a descendant of a man called Nri. Another is that one Okoli Oti from Arochukwu in the present Abia state was the ancestor of Umuoji. Be it as it may, the legend that is generally accepted by Umuoji people continues that Ojiji had four sons namely Eziora, Ifiteora, Dimechem and Akala, in birth order. These four (4) sons of Ojiji Okodu constitute the four loosely administrative quarters in Umuoji. Each of Ojiji’s four (4) sons begot several sons of their own, and each of their sons individually originated one of the twenty-three (23) villages in Umuoji. The quarters and villages in Umuoji in order of seniority are as follows; Eziora (Aboh, Umuobia Ukpabia, Ire Amoji, Ekwulu and Urueze), Ifiteora (Ifite, Uruedeke, Umuoli and Umuazu), Dimechem (Agumaelum, Umuoma, Uruaneke, Dimboko, Umuechem, Urumkpu, Dianaokwu and Ideoma); and Akala (Uruegbe, Akalaetiti, Aguma, Anogu and Abidi). Formerly, Umuoji had twenty-five (25) villages until Umunzulu merged with Amoji while Umuokezi joined Ideoma. Erosion and Watershed Issues: The main ecological hazards in the area are accelerated gully erosion and flooding. Poor drainage and town planning in a region of loosely consolidated and easily eroded soils is prone to serious erosion, giving rise to extensive gully formation. This as well as the topography of the area is the main cause of the erosion menace in Abidi Village Umuoji. 22 2.3 Overview of Umuoji Umuoji people, who occupy the present place known as Umuoji town in the Idemili North Local Government of Anambra State, South east geo-political zone of Nigeria, naturally fall among the people whose early history is much affected by lack of or non-existence of a written record. Two possible sources about Umuoji origin have been postulated. Both apparently are derived from oral tradition. The first more widely held, is that Umuoji people originated from a man called Oji Okodu, who was a descendant of a man called Nri. Another is that one Okoli Oti from Arochukwu in the present Abia state was the ancestor of Umuoji. Be it as it may, the legend that is generally accepted by Umuoji people continues that Oji had four sons namely Eziora, Ifiteora, Dimechem and Akala, in birth order. These four sons of Oji Okodu constitute the four loosely administrative quarters in Umuoji. Each of Oji’s four sons begot several sons of their own, and each of their sons individually originated one of the twenty-three villages in Umuoji. The quarters and villages in Umuoji in order of seniority are as follows; Eziora (Aboh, Umuobia Ukpabia, Ire Amoji, Ekwulu and Urueze), Ifiteora (Ifite, Uruedeke, Umuoli and Umuazu), Dimechem (Agumaelum, Umuoma, Uruaneke, Dimboko, Umuechem, Urumkpu, Dianaokwu and Ideoma); and Akala (Uruegbe, Akalaetiti, Aguma, Anogu and Abidi). Formerly, Umuoji had twenty five villages until Umunzulu merged with Amoji while Umuokezi joined Ideoma. 3.2.1 Traditional Hierarchy Before now, the Umuoji monarchy rotated among the five villages of Eziora quarter, being the first son that inherits the father's Obi in Igbo tradition and custom. Presently it rotates among the four quarters and the present King (Igwe of Umuoji), HRH Dr Cyril Enweze (Ebubedike I), is from Ifite in the Ifiteora quarter having succeeded Igwe Akum Micheal A. Nweze (Anumili I) who came from Ire in the Eziora quarter. Each village is headed by an Ichie and the council of Ndi Ichie form the Igwe's Cabinet. Other traditional institutions in Umuoji are the Nze-na-Ozo, Age Grades, Umuofia, Umuokpu and Umuada etc. There is also the Umuoji Improvement Union which sees to the day-to-day governance of the town and the Umuoji Women Association 3.2.2 Culture and Tradition There are three major festivals among others celebrated by the Umuoji people. The most important is the Uzoiyi Festival, usually celebrated in March, kicks off the farming season. It ends with a spectacle of colorful and monumental masquerades for entertainment, each presented by one of the villages in Umuoji are AKWUNECHENYI (Aboh village), EGBENU OBA (Anogu village), NYAKWULU (Aguma village), AGU (Agumaelum village), ENYI (Abidi village), ZEBRA (Dimboko village), UGO and AJA AGBA AGU MGBA (Urumkpu village), IGADA (Uruegbe village), IBUBO (Ekwulu village), OBAMILI (Umuoli village), NKENEKWU (Ire village), AGABA (Uruaneke village), ENE(Urueze village), ODUM (Urudeke village), OCHAMILI (Ideoma village), IJELE (Umuobia village), ATU (Amoji village), AGUIYI (Umuoma village), OMA MBALA (Akala-Etiti village), AKWA UGO (Ifite village), AKUM GBAWALU UGBO (Dianokwu village), ANA ELI AKU (Umuechem village), INYINYA (Umuazu village). The Mbajekwe festival ushers in the Ili Ji Ofuu (New Yam Festival), is celebrated in August-September. There are other feasts in between that are celebrated by villages that make up Umuoji town. 3.2.3 Cultural Heritage Sacred places in Umuoji include the Iba Oji in Ifite village, the Amangwu and Udume shrines in Aboh village, the Ideakpulu stream located in Umuoma/Ideoma Villages, the Ezi Ebenebe shrine in Akalaetiti village, Iba Aroli in Umuobia village 23 3.2.4 Education The early Catholic Christian missionaries to Umuoji established the popular Mater Amabilis Secondary School for girls, Our Lady's Catholic Church and St Francis Catholic Church/primary School. Umuoji also has nine public primary schools and two Secondary schools (including the Boys High School, established in 1975) with several private schools. 3.2.5 Local Economy The majority of the home based indigenes are into subsistence farming and trade. 3.2.6 Erosion and Watershed Issues: In Umuoji, almost all the communities are faced with environmental degradation caused by gully erosion. This ecological menace can be attributed to the excessive flooding, poor drainage, local excavation and unguided town planning which are prevalent in the area. This has adversely affected the soil properties thus giving rise to extensive gully formation. Topography is also another recognized factor that accelerated the Abidi- Umuoji gully erosion. Figure 3 Section of the Gully at Abidi Figure 2 Palliative measure washed by Village Erosion 2.4 Overview of the Project Area The Abidi- Umuoji gully started at Nkpor- Onitsha road junction, near Our Lady Catholic Church in Abidi village, cutting across major villages along Abidi-Abatete.road. The gully has a devastated impact at Abidi Urumkpu and Uruegbe Village hill junction. The gully has deteriorated the major road connecting Abidi and other villages along Urumgbu, Uruegbe and Umueze Members of the community had before now carried out some palliative measures (use of concrete structures, sand bags and drainages) to mitigate the impact of the erosion at different sections but this have proved abortive due to heavy flows from the adjoining roads which has continued to wash away any form of structure used for preventing further gully erosion. The NEWMAP intends to rehabilitate the erosion gully site and reduce longer-tern erosion vulnerability in the targeted areas. This activity will be employed through some civil works such as construction of infrastructure and stabilization of the gully. A Feasibility study report and an engineering design report has already been prepared for the erosion gully intervention, which highlights the detailed civil works that will be carried out. 24 The rehabilitation works will trigger some of the World Bank Safeguard Policies including Environmental Assessment OP 4.01; Natural Habitats OP 4.04; Physical and Cultural Resources OP 4.11 and Involuntary Resettlement OP 4.12. 2.5 Baseline Information This section gives a brief description of the Physical, biological and socio-economic environment of the project area. 2.5.1 Physical Environment 2.5.2 Overview of Physiography and Climate of Umuoji. Umuoji is located in Idemili North Local Government Area of Anambra State in the southeast geopolitical zone of Nigeria. It is bounded in the northwest by Ogidi, in the southwest by Ojoto, southeast by Uke, in the northeast by Abatete and in the west by Nkpor. The town has a land area of 8.938 sq.km with a population of about 80,000 and is essentially of sub-urban setting comprising predominantly of residential homes and agricultural lands. The study area (Umuoji) lies within the humid tropical rainforest belt of Nigeria with an annual rainfall of about 1300-3000mm, average temperature range of about 25 – 27.50C, and its dominated by two major seasons – rainy season and dry season. Rainy season ranges from March to October with its peak in July and September, and a short break in August. The dry season ranges from November to February with the influence of harmattan felt between the months of December and January. These seasonal changes with its attendant changes in temperature, runoff and humidity contribute to the disintegration and washing away of the soil and rock units in the study area. 2.6 Biological Environment Flora The vegetation types encountered within the Study Area are as follows: - Areas of fallow bush of varying ages - Fields used for rotational subsistence farming - Degraded secondary rainforest as well as statutory and communal forests All flora habitats surveyed were found to comprise shrubs, grasses, sedges and a mixture of mature trees and re-growing juvenile trees. Table 2 Some common Plants found within the project community S/NO COMMON NAME BOTANICAL NAME 1. Maize /corn Zea mays 2. Cassava Manihot esculenta 3. Banana Musa sapientum 4. Water leaf Talinum triangulare 25 5. Okro Abelmoschus esculentus 6. Pineapple Ananas comosus 7. Guava Psidium guajava 8. Cocoyam Colocasia esculenta 9. Pumpkin Cocurbita pepo 10. Melon Citrullus vulgaris 11. Pepper (small) Capsicum annuum 12. Mango Magnifera indica 13. Pawpaw Carica papaya 14. Bitter leaf Vernonia amygdalina 15 Oil Palm Elaeis guineensis 16 Mango Mangifera indica 17 Avocado Pear Persea americana 18 Plantain Musa paradisiaca 19 Coconut Cocos nucifera 3.5.1 Fauna Some wildlife found in the project area includes grass cutters, monitor lizard, etc. Furthermore, goat, sheep among others were some of the livestock sited within the project area. 3.5.2 Demographics The study intends to identify and document the demographic data of the project communities such as population, literacy level, occupation, dependency level, housing and social amenities. These data will be useful not only in establishing the importance of the rehabilitation of the Umuoji Erosion site but equally in quantifying the environmental and social impacts of the planned works which will help determine the management plans for the said project. 26 3 CHAPTER THREE POLICY LEGAL AND REGULATORY FRAMEWORK 3.1 Introduction A number of national and international environmental guidelines are applicable to the operation of the NEWMAP. The policy and regulatory frameworks discussed in this section guided the preparation of this ARAP. 3.2 The Resettlement Policy Framework (RPF) for the NEWMAP The Resettlement Policy Framework (RPF) was prepared as a guide to set out the general terms under which land acquisition/encroachment, and/or any form of involuntary displacement of persons from the land or right of way of the project can take place, to comply with the World Bank Operational Policy (OP 4.12 - Involuntary Resettlement). The RPF specified that during implementation stage and following the identification of sub- projects and sites for the developments, individual resettlement action plans should be prepared that must be consistent with the provisions of the RPF. It also provided a generic process for the preparation of resettlement plans. The RPF specified that in addressing impacts, resettlement plans must include measures to ensure that the displaced persons are:  Informed about their options and rights pertaining to resettlement;  Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives;  Provided prompt and effective compensation at full replacement cost for losses of assets and access attributable to the project;  Enabled to restore and preferably improve their living standards compared to the pre-project Condition. In the overall, a major objective of the RPF was to ensure that PAPs are meaningfully consulted, 27 participated in the planning process and are adequately compensated to the extent that at least their pre-displacement incomes have been restored and in a fair and transparent process. The RPF specified that occupants who must be displaced will be moved at minimum cost and at short distance as possible. It also states that occupants who must be moved will be assisted physically by inclusion of preparatory site work in the works programme of the contractor and/or by payments to move shops and items of livelihoods to alternative locations. It also recommended the setting up of a dispute resolution mechanism that will address complaints and grievances that may emanate from the resettlement or compensation process. The preparation of this Resettlement plan is consistent with the guidelines and recommendations of the RPF of NEWMAP, which is also found to be in agreement with the guidelines of the World Bank OP 4.12. 3.3 Relevant Nigeria Acts and Legislations 3.3.1 Land Use Act of 1978 and Resettlement Procedures The Land Use Act, Cap 202, 1990 Laws of the Federation of Nigeria is the applicable law regarding ownership, transfer, acquisition and all such dealings on Land. The provisions of the Act vest every Parcel of Land in every State of the Federation in the Executive Governor of the State. He holds such parcel of land in trust for the people and government of the State. The Act categorized the land in a state to urban and non-urban or local areas. The administration of the urban land is vested in the Governor, while the latter is vested in the Local Government Councils. At any rate, all lands irrespective of the category belongs to the State while individuals only enjoy a right of occupancy as contained in the certificate of occupancy, or where the grants are “deemed�. Thus the Land Use Act is the key legislation that has direct relevance to resettlement and compensation in Nigeria. Relevant Sections of these laws with respect to land ownership and property rights, resettlement and compensation are summarized in this section. The Governor administers the land for the common good and benefits of all Nigerians. The law makes it lawful for the Governor to grant statutory rights of occupancy for all purposes; grant easements appurtenant to statutory rights of occupancy and to demand rent. The Statutory rights of Occupancy are for a definite time (the limit is 99 years) and may be granted subject to the terms of any contract made between the state Governor and the Holder. Local governments may grant customary rights of occupancy to land in any non-urban area to any person or organization for agricultural, residential, and other purposes, including grazing and other customary purposes ancillary to agricultural use. But the limit of such grant is 500 hectares for agricultural purpose and 5,000 for grazing except with the consent of the Governor. The local Government, under the Act is allowed to enter, use and occupy for public purposes any land within its jurisdiction that does not fall within an area compulsorily acquired by the Government of the Federation or of relevant State; or subject to any laws relating to minerals or mineral oils. Requirements of the Land Use Act The State is required to establish an administrative system for the revocation of the rights of occupancy, and payment of compensation for the affected parties. So, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each State that determines disputes as to compensation payable for improvements on the land. (Section 2 (2) (c). 28 In addition, each State is required to set up a Land Allocation Advisory Committee, to advise the Local Government on matters related to the management of land. The holder or occupier of such revoked land is to be entitled to the value of the unexhausted development as at the date of revocation. (Section 6) (5). Where land subject to customary right of Occupancy and used for agricultural purposes is revoked under the Land Use Act, the local government can allocate alternative land for the same purpose (section 6) (6). If local government refuses or neglects within a reasonable time to pay compensation to a holder or occupier, the Governor may proceed to effect assessment under section 29 and direct the Local Government to pay the amount of such compensation to the holder or occupier. (Section 6) (7). Where a right of occupancy is revoked on the ground either that the land is required by the Local, State or Federal Government for public purpose or for the extraction of building materials, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. Unexhausted improvement has been defined by the Act as: anything of any quality permanently attached to the land directly resulting from the expenditure of capital or labour by any occupier or any person acting on his behalf, and increasing the productive capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or trees, fencing walls, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce. Developed Land is also defined in the under Section 50 (1) as follows: Land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes. It follows from the foregoing that compensation is not payable on vacant land on which there exist no physical improvements resulting from the expenditure of capital or labour. The compensation payable is the estimated value of the unexhausted improvements at the date of revocation. Payment of such compensation to the holder and the occupier as suggested by the Act is confusing. Does it refer to holder in physical occupation of the land or two different persons entitled to compensation perhaps in equal shares? The correct view appears to follow from the general tenor of the Act. First, the presumption is more likely to be the owner of such unexhausted improvements. Secondly, the provision of section 6 (5) of the Act, which makes compensation payable to the holder and the occupier according to their respective interests, gives a pre-emptory directive as to who shall be entitled to what. Again the Act provides in section 30 that where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee. It is clear from section 47 (2) of the Act that no further appeal will lie from the decision of such a committee. If this is so, then the provision is not only retrospective but also conflicts with the fundamental principle of natural justice, which requires that a person shall not be a judge in his own cause. The Act must, in making this provision, have proceeded on the basis that the committee is a distinct body quite different from the Governor or the Local Government. It is submitted, however, that it will be difficult to persuade the public that this is so since the members of the committee are all appointees of the Governor. 29 Where a right of occupancy is revoked for public purposes within the state of the Federation; or on the ground of requirement of the land for the extraction of building materials, the quantum of compensation shall be as follows:  In respect of the land, an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked.  in respect of the building, installation or improvements therein, for the amount of the replacement cost of the building, installation or improvements to be assessed on the basis of prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation. With regards to reclamation works, the quantum of compensation is such cost as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer.  in respect of crops on land, the quantum of compensation is an amount equal to the value as prescribed and determined by the appropriate officer. Where the right of occupancy revoked is in respect of a part of a larger portion of land, compensation shall be computed in respect of the whole land for an amount equal in rent, if any, paid by the occupier during the year in which the right of occupancy was revoked less a proportionate amount calculated in relation to the area not affected by the revocation; and any interest payable shall be assessed and computed in the like manner. Where there is any building installation or improvement or crops on the portion revoked, the quantum of compensation shall follow as outlined above and any interest payable shall be computed in like manner. 3.3.2 Forestry Act This Act of 1958 provides for the preservation of forests and the setting up of forest reserves. It is an offence, punishable with up to 6 months imprisonment, to cut down trees over 2ft in girth or to set fire to the forest except under special circumstances. Nigeria is at present a wood deficit nation. In order to ameliorate the situation, the policy on forest resources management and sustainable use is aimed at achieving self-sufficiency in all aspects of forest production through the use of sound forest management techniques as well as the mobilization of human and material resources. The overall objectives of forest policy are to prevent further deforestation and to recreate forest cover, either for productive or for protective purposes, on already deforested fragile land. Specifically, the National Agricultural Policy of 1988 in which the Forestry Policy is subsumed, provides for:  Consolidation and expansion of the forest estate in Nigeria and its management for sustained yield.  Regeneration of the forests at rates higher than exploitation.  Conservation and protection of the environment viz: forest, soil, water, flora, fauna and the protection of the forest resources from fires, cattle grazers and illegal encroachment.  Development of Forestry industry through the harvesting and utilization of timber, its derivatives and the reduction of wastes.  Wildlife conservation, management and development through the creation and effective management of national parks, game reserves, tourist and recreational facilities, etc. 30 3.4 State Legislations The relevant state ministry is the Anambra State Ministry of Lands, Survey, Housing and Urban Planning. Some of the functions of the State Ministry include taking up responsibility for all form of land policies within the state. It gives advices to the government on land tenure issues, and also manages government land and properties. The Ministry is also tasked with administrative rights to land use decree, urban development, city and town rejuvenation. 3.5 International Guidelines International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects recognize this highly especially in development that result in involuntary resettlement. It is against this background that policies and guidelines have been set for managing such issues. The World Bank’s policy on involuntary resettlement will be applied in any sub-project of the NEWMAP that displaces people from land or productive resources due to land take. Where there is conflict between national legislation and World Bank Operational Policies, the latter policies shall prevail.. 3.6 The World Bank Policy on Involuntary Resettlement (OP. 4.12) and the ARAP for Abidi Village Umuoji Gully Erosion site The Bank’s policy on Involuntary Resettlement advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement shall be conceived and executed as a sustainable development program, where it is inevitable, providing sufficient investment resources to enable persons displaced by the project share in project benefit. Persons displaced shall be: i. Duly consulted and should have opportunity to participate in the planning and execution of the resettlement; ii. Compensated for their losses at full replacement cost prior to civil works; iii. Assisted with the move and supported during the transitional period in the resettlement site; iv. Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them For the Abidi Village Umuoji gully erosion site rehabilitation, which will also involve civil works, the World Bank required the preparation of an Abbreviated Resettlement Action Plan, which will guide in the execution of a sustainable resettlement or compensation process for all the PAPs. An ARAP is deemed best fit because it is envisaged that the Project Affected Persons (PAPs) will be less than 200 persons and/or level of income loss will be less than 10%. 3.6.1 Comparison between Land Use Act and the World Bank’s Policy (OP4.12) on Compensation In this section a comparison is made between the World Bank policies (OP4.12) and the Nigerian Land Use Act. Whereas the law relating to land administration in Nigeria is wide and 31 varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank’s OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by an announced cut -off date. The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons prior to the commencement of works. Thus all land to be acquired by the government for this project will be so acquired subject to the Laws of Nigeria and the Bank OP4.12. Table 3 Comparison of Nigerian land Use Act and World Bank OP4.12 on compensation S/N Category of PAPS Nigerian Law World Bank OP/4.12 1 Land Owners- statutory Cash compensation based Recommends land-for-land compensation. Other rights upon market value. compensation is at replacement cost. 2 Land Owner- customary Cash compensation for land Equivalent value. If not, cash at replacement value, rights full improvements; including kind transfer costs compensation with other village/district land 3 Land Tenants Entitled to compensation Are entitled to some form of compensation whatever based upon the amount of the legal recognition of their occupancy. rights they hold upon land. 4 Land Users Not entitled to compensation Entitled to compensation for crops, may be entitled to for land, entitled to replacement of land and income shall be restored to compensation for crops. pre-project levels at least. 5 Owners of “Non- Cash compensation based on Entitled to in-kind compensation or cash permanent� Buildings market value. compensation at full replacement cost including labor and relocation expenses, prior to displacement. 6 Owners of “Permanent� Cash Compensation is based Entitled to in-kind compensation or cash buildings on market value. compensation at full replacement cost including labor and relocation expenses, prior to displacement. This ARAP will be aligned with the World Bank Operational Policies including Involuntary Resettlement Policy which indicate best practices for rehabilitation of livelihoods of people affected by the implementation of the project. This is so because they are involved in the funding of the project and also because their respective policies most fulfill the pro-poor objectives of the project, ensuring that the conditions of PAPs are preferably improved and at least restored to pre displacement levels as well as offers special considerations for vulnerable and landless PAP. 3.6.2 Conclusion Drawn from the Review of World Bank Policies on Involuntary Resettlement Review of the different policy guidelines of the World Bank (OP/BP 4.12) shows that primarily, the World Bank agree that PAPs be compensated or assisted irrespective of legal status of PAPs to the land/or place they occupy. The key concern articulated in this policy is to ensure that PAPs are compensated or assisted including income restoration measures to ensure that 32 they are not economically worse off relative to pre-project period. However, in the event of divergence between the two, the World Bank safeguard policy shall take precedence over Nigeria Land Use Act. 4 CHAPTER FOUR IDENTIFICATION OF PROJECT IMPACTS AND PROJECT AFFECTED PERSONS Chapter 1 of this report provides the methodology employed for impacts and PAPs identification, which included census/inventory survey and consultation with the PAPs. Consultation with the project community and PAPs was continuous and started during the preliminary visit in March 2016. The inventory taken showed that Permanent land acquisition will occur as a result of the project. This will involve the 70x50m2 catchment pit. 9(nine) PAPs have been identified within this area and have been documented. Crops planted on farmlands and associated economic trees were observed as important features that would be affected in the event of the proposed work along the corridor of the gully and adjoining road. It was also observed that crops planted within the ROW of the drainages as well as encroachment of structures and fences are other categories of impacts by the proposed work. 4.1 Impact Reduction Measures Undertaken The following are technical steps taken in consultation and concurrence of Anambra State NEWMAP PMU which have resulted in the reduction of adverse impacts of the project:  Consulting/communicating with the people of the project area and PAPs in particular on the day and time to expect civil work activities within their respective location/ROW. This will give the PAPs opportunity to harvest mature crops before the beginning of civil works.  Required ROW within the streets is restricted to 1.5 meter only.  The setback on the corridor was made known to the stakeholders to be 5-10 meters and that in the event of work in such locations all affected properties are to be removed by their owners to give the required right of way for the work.  The design of the road and drainage networks was such that will enable avoidance as much as possible of structures while maintaining the sizes of the drainage as described in the engineering design. In spite of the outlined impact reduction measures above, mitigation measures have also been clearly prepared in this document, which is in line with the World Bank policy (OP 4.12) on involuntary resettlement to ensure that those who must suffer economic impact are restored to the pre-project state. 33 4.2 Temporary and Permanent Land acquisition along the corridor The erosion site rehabilitation activities are envisaged to acquire new land. Also space may be required in the set back that will serve as camp, where equipment and materials will be stored and used. This will be minimal and restricted to the 5-10m set back from the edges of the gully. This Land acquisition will be temporary and will only serve till the end of the project after which the owners will take back their land. Also land will be acquired for the construction of catch pit area. This land acquired will be permanent. The Owners will be duly compensated in line with Nigerian laws and OP 4.12. Although there are some assets within these setbacks which include fences, pavements, farm crops and economic trees, the proposed rehabilitation will be managed to avoid or at least reduce interference with any of the structures such as concrete fence or buildings. 4.3 Positive Impacts of the project The Abidi Village Umuoji Gully Erosion Rehabilitation project will have a lot of beneficial impacts on the community. This include but not limited to termination/control of the gully erosions, reduced loss of infrastructure (e.g. houses), reduced loss of agricultural land and productivity from soil loss caused by surface erosion, provision of good drainage, improved sanitation, reduced risks of flooding, reduction of water borne and water related diseases. The project will also progressively restore vegetative cover, improve environmental conditions and more humid local microclimates resulting in increased vegetation cover for wildlife and carbon sequestration thereby improving the Environment through land stabilization measures which preserve the landscape and biodiversity. The project will also restore access road through Abidi village to the neighbouring towns such as Abattete, Ogidi, Ummadi, Umudioka and Orba as well as linkage between the villages in umuoji(Akakala etiti, ire, uruegbe, urunmkpu etc). In spite of these significant positive impacts, there are concerns for negative socio-economic impacts to the PAPs and communities because project activities will cause loss of assets, loss of income, physical displacement, restriction to access to source of livelihood, involuntary displacement/relocation and impact on cultural heritage. 4.4 Negative Impact of the Project Assets shall be displaced by the proposed intervention work. Depending on the amount of land space needed for the work at the given locations along the corridor between 5-10m, the potential assets that could be affected have been identified and an inventory of the assets as well as the PAPs taken and are summarized in Annex 1(please reference here where the inventory is located in the document). 4.5 Discussion of project Impacts The affected assets include economic trees and farmlands, essentially. However some structures may also be affected in the cause of the civil works. These have been identified as shown below; Loss of Land: There will be Permanent Loss of land as a result of the project. 9 PAPs have been identified and documented. 34 Loss of Buildings or Structure: Due to encroachment and extension of fences, and pavements on the ROW especially by people living along Abidi-Uruegbe-Akakaetiti-Ire Road towards the St Francis Church, there may be significant adverse economic impacts on PAPs in such conditions. This group of persons might lose their structures and income earned from them. About 44(fourty-four) (PAPs) were identified in overall in this category. This comprise of Individual, Community and Family owned structures as well as public Utilities (9 Electricity poles to be realigned). Loss of other Means of Livelihood (Shops): It was observed that only one (1) person who owns a shop within the project area along Abidi-Uruegbe-Akakaetiti-Ire road near Uruegbe community might lose his major source of livelihood as this structure (Kiosk) may be removed during the civil works. Other PAPs (12) in this category will require part of their shops (extensions) removed during the civil works. This category of PAPs will be allowed to remove materials from the structures for reuse and cash assistance given. Loss of Economic Trees: The gully erosion cuts across the Abidi-Uruegbe-Akakaetiti-Ire road. The project area being a rural area, the people have resorted to planting along the ROW thereby having economic trees and farm portions around the area. Some of these trees are within the 5-10 meters setback on both sides of the gully edge and road. The trees are mainly Mango, Avocado pear, local pear etc. Types and quantity of these economic trees are outlined in the appendix. Loss of Agricultural Resources (Crops): The major crop affected within the area is mainly Cassava and Plantain. Others are bitter leaf and maize. In most areas the plants would have matured before the onset of civil works and therefore would have been harvested by the owners. Impact on Utilities: There are no major public utilities identified within the setback along the Gully corridor that could be affected in the course of work or that will constitute hindrance to project activities. However, along Abidi-Uruegbe-Akakaetiti-Ire road there may be need to realign some electricity poles which fall within the corridor of the project. Loss of access to common (community) property: No Community property was identified during the field work. Loss of Cultural Property: No item was identified in this category. However, in the event that some may be affected by the Project and were not noticed during the ARAP preparation, the provision for addressing Cultural Heritage (OP 4. 11) will apply. The OP 4.11 provides for physical cultural resources management plan that measures to avoid or mitigate any adverse impacts on physical cultural resources management of chance finds, any necessary measures for strengthening institutional capacity for the management of physical cultural resources a monitoring system to track the progress of these activities. This will be addressed by the ESMP prepared for this project. Continuous consultation with traditional authorities and local communities will be employed as part of mitigation. Impact on Vulnerable Group: People who by their disadvantage conditions will be economically worse impacted by project activities than others such as female headed households, persons with disability, persons with HIV-AIDS and elderly household heads of above 60 years with dependents 35 were considered vulnerable. Those within this group and may be impacted are Ten (10) which included three (3) widows, three (3) female- headed households and (4) elderly poor persons (above 60) with dependents. Potential Relocation Areas: No building was identified to be directly affected during the implementation of this project based on the established setback and design suggestions. 4.5.1 Summary of Inventory of affected assets/structures in the project area About 54 PAPs will be potentially affected. 9 PAPs will suffer loss of land while 44 PAPs will be negatively impacted due to Loss of other assets (structure/crops) as a result of the sub-project activities. Consultation with PAPs who will suffer loss of land was carried out extensively and forms filled indicating their choice of compensation which was mainly cash. See Annex 9 for Inventory form for land owners. 4.6 Census of Project Affected Persons (PAPs) Census of PAPs was carried out based on the methodology described in Chapter 1. The outcome shows that 54 persons will be potentially impacted/suffer socio-economic losses as a result of sub- project activities. The census register for the ARAP describes the names of PAPs, means of identification/contact and affected items. (Annex 1). 4.7 Analysis of Impacts and Income Restoration Measures for Vulnerable Group/PAPs Ten (10) vulnerable persons were enumerated during the ARAP census consist of widows (3 Nos), female- headed households (3 Nos), and the elderly poor persons (above 60) with dependents (4 Nos). There was no identified vulnerable PAP in the category of HIV-AIDS persons and child headed households. No mentally disabled persons were identified as part of the PAPs. The objective of income restoration measures for the vulnerable persons is to ensure that they are reasonably assisted to overcome potential economic shock from the project, and maintain the quality of life not less than their pre-project state because; they are at higher risk than others based on their vulnerability disadvantage. The kind/cash assistance for vulnerable group and PAPs in general shall be administered by the proponent through the resettlement committee or through NGOs in consultation with the PAPs. To ensure that income restoration measures are effective all the articulated resettlement measures will be carried out prior to the project implementation. The income restoration plan (skill acquisition, assistance) to vulnerable PAPs shall be funded through the amount to be set aside for administration within the resettlement budget. This fund will be set aside by the SMEnv through its counterpart responsibility to project’s due diligence and shall preferably be operated/administered by the resettlement committee/NGO to be appointed and supervised by the PMU during ARAP implementation. 36 4.8 Performance Indicator for Assessing Income Restoration Performance indicators and monitoring are important in evaluating the progress and effectiveness of the resettlement plan as well as the income restoration measures. It is the responsibility of the monitoring and evaluation officer and/or the Safeguard Officer at the PMU to design a schedule and budget for monitoring the implementation of the ARAP which will begin before project implementation and continue through the life cycle of the project. The monitoring indicators, which provide the basics for requirement of ARAP income restoration progress is discussed in details in Chapter eleven and in annex 2. Positive results or improvement over the baseline conditions will be indicative of track record consistent with the objective of resettlement plan while performances below the baseline conditions indicate failure of the resettlement plan from meeting the desired objectives. In this case, the safeguard officer/monitoring officer is expected to report to the PMU early and offer ways for improvement/modification of the restoration measures. For successful implementation of the resettlement plan, PAPs must be given prior orientation, perhaps during the training and enlightenment workshop and must be informed that there will be periodic monitoring of their activities. 4.9 The Valuation methodology Valuation of assets to be affected by the implementation of the project was conducted using a general principle adopted in the formulation of the compensation valuation, which follows the World Bank policy that lost income and asset will be valued at their full replacement cost such that the PAPs should experience no net loss. The asset valuation was conducted based on the current market prices in the project area. For some materials, prices vary on the basis of quality, taste and product brand. Therefore, in such cases the average market price plus 2% price flexibility adjustment was used for the valuation. Below is the outcome of the market survey carried out in May 2016 in Umuoji, Idemili North LGA in Anambra State Nigeria. Table 4 Market Survey Category Materials Unit Amount (Naira) Structures (Building, balcony, Wooden Windows 1 No N 1500 Fence, Wall, Pavement) Cement 1 bag N 1450 Wooden Doors 1 No N 5000 Corrugated iron 1 m2 N 2000 sheet Zinc 1 Bundle N 10000 Block (9�) 1 m2 N 110 Wood/plank 1 piece N 400 37 Iron rod 1 piece N 1450 Truck Hire within the city N 10,000 Labour cost: Mason, Carpenter, 1 artisan Per N 3,000/ N 1,500 etc day Currency exchange rate (Nov 2016): N 317 : $1 Consumer prices in Nigeria increased 12.8 percent year-on-year in March of 2016, following an 11.4 percent jump in the previous month. It was the highest figure since July 2012, mainly boosted by food prices. On a monthly basis, consumer prices went up 2.2 percent, slowing from a 2.3 percent rise in February (Figure 20). Based on prevailing macroeconomic variables in Nigeria which is demonstrated by an unstable exchange rate between N200 and N400 to the Dollar in the last 12 months and the inflation situation described above, it can be predicted that the exchange rate used in this valuation and the 2% inflation correction item (pegging inflation at not more than 12%) assumption will be realistic over the next 12 to 15 months considering the government’s effort in stabilizing the economy. Average Inflation rate 16 14 13.9 12 12.1 10.8 11.3 10 9.1 9.01 Rate 8 8.05 6 4 2 0 2010 2011 2012 2013 2014 2015 2016 Year Figure 4 Average yearly inflation rate (CBN, 2016) 38 The method of valuations has been communicated to and dialogued with the PAPs during consultations as presented below: 4.9.1 Valuation Method for Land Property In line with OP4.12 of the World Bank on involuntary resettlement as stated in the entitlement matrix, land for land entitlement is prescribed. In so doing, it is also important to take into cognizance the size of the land and location since these two variables are determinants of value of land property. This was discussed with the Land owners and they were in acceptance. 4.9.2 Replacement Cost Method for Assets/Structures The Traditional Replacement Cost Method, was used in estimating the value of the property/structure and is based on the assumption that the capital value of an existing development can be equated to the cost of reinstating the development on the same plot at the current labour, material and other incidental costs. The estimated value represents the cost of the property as if new. The Damage Loss Assessment Method is used in this study to determine compensation for economic trees and agricultural products. This method states that market value of yield per tree for the current season (agricultural season) and cost of re-planting and nursery should be used to determine the compensation rate for the economic tree. 4.9.3 Disturbance and Other Incidental Contingencies Affected business premises which will have to close shop or be relocated will be given compensation for loss of business time/income and cash or in kind assistance to enable the relocation of affected property. Only one (1) PAP was identified as eligible for this due to relocation of his kiosk. This has been factored into the full compensation and details are shown in Annex 1 PAPs will be allowed to dismantle their structures and reuse them at relocated locations. In addition, SPMU will provide supplementary assistance to affected PAPs. Rates of cost of labour and transportation allowances have also been built in where applicable. The current rates in the market have been used. 4.9.4 PAPs Losing Permanent Structures-for Residential (immoveable structures) Structures and other assets including balconies, walls, fences, and pavements on the ROW of project corridor are categorized as immoveable/permanent structures. Contractors are advised to try and avoid demolition if possible. Where demolition of these structures cannot be avoided, census of PAPs has been taken for resettlement/compensation. PAPs under this category will be resettled or compensated for the value of the structure to be displaced based on the prevailing market value of the structure in Umuoji. Demolition/clearing of 39 structures to secure the ROW will take place at least two (2) weeks to the period of implementation after PAPs would have been compensated. 4.9.5 PAPs Losing Permanent Structures-for Business (immoveable structures) PAPs covered in this category will be resettled or compensated for the value of the structure to be displaced based on the prevailing market value of the structure in Umuoji. In addition, PAPs will be compensated for loss of livelihood income due to loss of business income. For PAPs relocating to alternative sites, they shall be provided with in kind/cash assistance. Demolition/clearing of structures to secure the ROW will take place at least two (2) weeks to the period of implementation after PAPs would have been compensated. 4.10 Proof of Eligibility The resettlement committee/NGO will consider the presentation of eligibility certificate (Identification Card) as a means of identifying eligible PAPs for entitlements. In case of lose or misplacement, other forms of evidence as proof of eligibility will also be acceptable but limited to the following: • Identification based on phone number and name and passport photograph supplied during the census stage • PAPs are expected to produce their code number (GPS coordinates), which will be sent to them via their Mobile phone lines. • PAPs with no phone numbers will be identified by their Township or community leader so long as the name being used for claim is one recognized in the census register. 4.11 Duration for Civil Works Estimation of the duration for civil works/rehabilitation completion is six (6) months. PAPs will not be disrupted in anyway by the project until resettlement program is implemented. 4.12 Cut-Off Date The cut-off date for being eligible for compensation and/ or resettlement assistance is May 15th 2016 which is the day the final field consultation with the PAPs was conducted. PAPs and project community were duly informed about the significance of the cut-off date in the implementation of this ARAP through the Local authorities. 4.13 Entitlement Matrix for the PAPs The matrix shows specific and applicable categories of PAPs under this project and types of losses as well as entitlement plan for PAPs. The Entitlement matrix therefore, is the basis for compensation budget, resettlement and income restoration measures to be administered by the proponent. The subsequent section further provides explanation of the entitlement matrix under eligibility criteria for entitlements. Table 5 Entitlement Matrix Table for PAPs Type of Loss Entitled Person Description of Entitlement 1. Permanent loss of land 1.1 (a)Legal owners of 1.1 (a) Land for land compensation is preferred priority, or Cash compensation at 40 Type of Loss Entitled Person Description of Entitlement 1.1 Cultivable/residential land replacement value based on market rate plus 10% compulsory acquisition surcharge /commercial land (b)Occupancy/Heredita as second option ry (b) & (c) Compensation will be paid as plus a (c)Tenant one- time lump sum grant for restoration of livelihood and assistance for relocation. . 2. Damage to land (such as 2.1. (a)Legal owner/s 2. 1 (a) & (b) Restoration of land to pre- abutting sub-project site) construction condition or cash (b) Village/s or clan/s compensation at prevailing rates for 2.1. By excavation etc. from with customary necessary bulldozer/ tractor hours to borrows for earth for ownership restoring level and/or truckloads of earth for construction. fill 2.2. (a)Legal owner/s 2.2 By severance of 2.2 Provision of water course to connect agricultural holding (b) Village/s or clan/s with customary severed segment with source of water ownership 3. Loss of income and 3.1. Cultivator 3.1. Estimated net income for each lost livelihood occupying land cropping season, based on land record averages of crops and area planted in the 3.1. Temporary loss of previous four years access to land for cultivation 3.2. Loss of agricultural 3.2. (a) Owner/s of 3.2. (a) Cash compensation for loss of crops, and fruit and wood crops or trees. Includes agricultural crops at current market value of trees. crops trees owned by mature crops, based on average production. encroachers/squatters 3.3 Loss of income by Compensation for loss of fruit trees for agricultural tenants (b) /tenant average fruit production years to be because of loss of land they computed at current market value. were cultivating 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 crop/tree 41 Type of Loss Entitled Person Description of Entitlement compensation) a) Tree/perennial crops: Harvesting of the crops will be given a first priority but where harvesting is not possible, counting of the affected crops will be done in the presence of the owner. Computation of the costs will be done according to market rates b) Annual crops: Crops will be harvested by the owner and therefore no compensation will be paid for crops. Where crops cannot be harvested, compensation at the market rate will be paid 4. Permanent loss of 4.1. (a)Owners of the 4.1. (a) Cash compensation for loss of built- Structures structures whether or up structures at full replacement costs not the land on which 4.1 Residential and the structure stands is Owners of affected structures will be commercial structures allowed to take/reuse their salvageable legally occupied materials for rebuilding/rehabilitation of structure. (b) Renters In case of relocation, transfer allowance to cover cost of Shifting (transport plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. (b) One-time cash assistance equivalent to 4months rent moving to alternate premise. Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates. 4.2. Cultural, Religious, and 4.2. 4.2. Complete rehabilitation/restoration by community structures the Project; or, Cash compensation for Community /facilities School, church, restoring affected cultural/community water channels, pathways, structures and installations, to the and other community recognized patron/custodian. structures/installations 5. Special provision for 5.1 Women headed 5. Needs based special assistance to be vulnerable PAPs households, disabled or provided either in cash or in kind. elderly persons and the 5.1.Restablishing and/or 42 Type of Loss Entitled Person Description of Entitlement enhancing livelihood landless 5.2 Change in Livelihood 5.2. (a) Vulnerable 5.2 (a) &(b).Restoration of livelihood for women and other PAPs, particularly (vocational training) and subsistence vulnerable PAPs that need Women enrolled in a allowance at agreed rate per day for a total to substitute their income vocational training of 6 months while enrolled in a vocational because of adverse impact facility training facility 5.2. (b) owner/s whose landholding has been reduced to less than 5 acres Unanticipated adverse The Project team will deal with any unanticipated consequences of the impact due to project Project during and after project implementation in the light and spirit intervention or associated of the principle of the entitlement matrix. activity 4.14 Description of Eligibility Criteria for Defining Various Categories of PAPs Based on the World Bank’s OP4.12, the following three criteria are recognized: a) Those who have formal rights to land (including customary, traditional and religious rights recognized under the Federal and/or State Laws of Nigeria). b) Those who do not have formal legal rights to land at the time of the census begins but have a claim to such land or assets provided that such claims are recognized through a process identified in this resettlement plan c) Those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood. Those covered under (a) and (b) above according to the guiding policy are to be provided compensation for the land they lose, and other assistances in accordance with the policy. PAPs covered under (c) above are to be provided resettlement assistance in lieu of compensation for the land they occupy and other assistance, as necessary to achieve the objective of them not being economically worse off because of the development. Under The World Bank Policy, cash compensation is only appropriate when there is an active market in land or housing and where such assets are actually available for purchase. Communal rights to land and other assets are recognized. Clans, lineages and other community property have been subjected to the same procedures as for privately held land. In such case, the traditional law of the affected community may be taken into account. Although all PAPs irrespective of their legal rights or not, squatters or otherwise encroaching on land are eligible for some kind of assistance under the policies of the WB, such PAPs must be those captured in the census. In other words, persons that encroach on land/ROW after the cut-off date will not be entitled to any form of assistance or compensation. 43 5 CHAPTER FIVE GRIEVANCE REDRESS MECHANISMS 5.1 Introduction The likelihood of dispute is much reduced because the few affected persons due to the erosion control project have been greatly consulted. Nevertheless, in the event that grievances arise this redress mechanism has been prepared. Already, the affected persons have been helped to appreciate that there are provisions for addressing any complaints or grievances. The grievance procedure will further be made available to the affected person through project implementation. The major grievances that might require mitigation include:  PAPs not listed;  Losses not identified correctly;  Inadequate assistance;  Dispute about ownership;  Delay in disbursement of assistance and improper distribution of assistance. 5.2 Grievances and Appeals Procedure This grievance procedure is prepared in line with the provision of the RPF of NEWMAP. The need to provide a forum locally to receive, hear and resolve disputes is in the best interest of all parties to forestall the lengthy process of litigation, which could affect the progress of project. Therefore, the setting of Grievance Redress Committee early during ARAP implementation is desirable. 44 5.3 Grievance Redress Process There is no ideal model or one-size-fits-all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, local customs, and project conditions and scale. In its simplest form, grievance mechanisms can be broken down into the following primary components: • Receiving and registering a complaint. • Screening and assessing the complaint. • Formulating a response. • Selecting a resolution approach. • Implementing the approach. • Announcing the result. • Tracking and evaluating the results. • Learning from the experience and communicate back to all parties involved. • Preparing a timely report to management on the nature and resolution of grievances. 5.3.1 Procedure for Effective Local Resolution of Grievance The following steps and procedures will apply in this project to ensure that grievances are settled within PMU and /or at the level of the Grievance Redress Committee as much as possible:  An accessible and affordable complaints mechanism will be in place as soon as ARAP report is disclosed, and will enable people with claims against the process to make their complaints  At the first stage, PAPs will register their complaints and grievances to the Safeguard Officer in PIU (contact address to be provided to PAPs).The Safeguard Officer is required to in consultation with the Project Coordinator provide a written response to the PAP within fourteen (14) calendar days of receiving the complaint.  If the PAP is not satisfied with the decision of the PIU, the PAP should present the case to the independent Grievance Redress Committee (GRC). The GRC upon receiving the complaint should write to acknowledge the receipt within one week.  A record should be kept for hearing concerning the complaint, as well as of the reasons for filing the complaint  The matter so complained should be verified with the PIU  Mediation efforts at the discretion of the GRC should be embarked upon within three weeks of receiving the complaint Where a matter is not satisfactorily resolved at this level, the GRC should assist PAPs to seek redress through the court of justice. 5.3.2 Court Resolution of Grievance Matters The possibility of seeking for grievance resolution in the court may be a last resort and should be expected, especially, where the complainant felt dissatisfied with resolution of the GRC. The provision of the RPF of NEWMAP on this matter is that grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of assets without compensation shall be addressed to 45 the state local courts system of administration of justice. The court hierarchy would in ascending order therefore, be land dispute tribunals/chiefs, followed by magistrate courts and then finally the high courts. The high court of the state is being designated as the highest appellate court to settle grievances. This, admittedly, is a costly and time-consuming procedure. Nevertheless, affected persons will be exempted from administrative and legal fees incurred pursuant to this grievance redress procedure. 5.4 Grievance Redress Committee The project will establish a Grievance Redress Committee (GRC). The GRC will hear complaints and facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce litigation. This committee will be coordinated by a local NGO and shall be made up of the following parties:  NGOs  Community Development Councils (CDCs)  Representative of the community  Representatives of associations/interest groups and,  PAPs representative It is expected that an independent body such as NGO should head the Grievance Redress Committee (GRC) so as to give the committee credibility and trust of protecting the interest of PAPs. SMEnv, NEWMAP or its staff would not be heading the committee since it is a party to the anticipated grievance cases. The NGO to be chosen must have experience in dispute resolution and must have a lawyer in its team that will serve as the secretary of the body. The PMU will provide the GRC with the guideline based on the provisions of this ARAP and also make available to it contact details/register of PAPs which details their names, addresses and phone numbers for contacting them when necessary. PAPs shall also have the option of contacting the GRC directly or indirectly to register their grievance by themselves or through their local chief or leader There will be no fees or charges required of those wishing to have a grievance or complaint heard. The timeline for implementation of the grievance resolutions shall be at most 15 days from the last day allowable for grievance and complaints submission following the end of RAP disclosure. The functions of the Grievance Redress Committee include:  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 committee will suggest corrective measures at the field level itself and fix responsibilities for implementation of its decisions. In terms of implementation, all efforts will be made to first resolve the issue faced by PAPs at the field level. 46 The grievance procedure should be simple, administered as far as possible at the local and state levels to facilitate access, flexible and open to various proofs taking into consideration the fact that many people are illiterate requiring a speedy, just and fair resolution of their grievances. However, when matters could not be resolved at this level, there is need for the grieved to seek redress in the court 5.5 Expectation When Grievances Arise When local people present a grievance, they expect to be heard and taken seriously. Therefore, the SPMU and others such as the engineers involved in one aspect of the project or other must convince people that they can voice grievances and work to resolve them without retaliation. It should be understood that all or any of the following is or are expected from the project management/channel of grievance resolution by the local people: • acknowledgement of their problem, • an honest response to questions/issues brought forward, • an apology, adequate compensation, • modification of the conduct that caused the grievance and some other fair remedies 5.6 Management of Reported Grievances a) The procedure for managing grievances should be as follows: b) The affected person file his/ her grievance, relating to any issue associated with the resettlement process or compensation, in writing or phone to the project Resettlement and Compensation committee (Phone numbers will be provided by the SPMU). Where it is written, the grievance note should be signed and dated by the aggrieved person. And where it is phone, the receiver should document every details. c) A selected member of the Site Committee will act as the Project Liaison Officer who will be the direct liaison with PAPs in collaboration with an independent agency/NGO person ensure to objectivity in the grievance process. d) Where the affected person is unable to write, the local Project Liaison Officer will write the note on the aggrieved person’s behalf. e) Any informal grievances will also be documented 47 5.7 Grievance Log and Response Time The process of grievance redress will start with registration of the grievance/s to be addressed, for reference purposes and to enable progress updates of the cases. Thus the person affected by the project will file a Grievance Form with the Grievance Redress Committee. The Form (See table 5) should contain a record of the person responsible for an individual complaint, and records dates for the date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if appropriate), the date the complaint was closed out and the date response was sent to complainant. The Project Liaison officer working with the local Government Desk Officer in recording all grievances will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed. The response time will depend on the issue to be addressed but it should be addressed with efficiency. The Grievance committee will act on it within 10 working days of receipt of grievances. If no amicable solution is reached, or the affected person does not receive a response within 15 working days, the affected person can appeal to a designated office in the SPMU, which should act on the grievance within 15 working days of its filing. Table 6 typical Reporting format for Grievance Redress Community Type of Grievance Grievance Resolution project & Name awarded are not Case referred to of Complainant not paid before Compensation Compensation about impacts Date received Resettlement not informed Affected, but and options inadequate acquisition awarded is complaint the Court provided Pending benefits Date of assets other Community Project 1 Complainant A Complainant B Complainant C Community Project 2 48 Complainant D Complainant E TOTAL 5.8 Monitoring Complaints The Project Liaison Officer will be responsible for:  providing the grievance Committee with a weekly report detailing the number and status of complaints  any outstanding issues to be addressed monthly reports, including analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action. 5.9 World Bank Group (WBG) Grievance Redress Service The Grievance Redress Service (GRS) ensures that complaints are being promptly reviewed and addressed by the responsible units in the World Bank. The objective is to make the Bank more accessible for project affected communities and to help ensure faster and better resolution of project-related complaints. The GRS accepts complaints that are:  Related to an active World Bank-supported project (IBRD or IDA)  Filed by a person or community who believes they have been or may be adversely affected by a World Bank-Financed project  Filed by a bidder or potential bidder about the procurement process on a World Bank- financed contract. These complaints will be processed in line with Bank Procedure (BP) 11.00 (Annex D) and will not follow the GRS procedures. The identity of the complainant will be kept confidential if requested, but anonymous complaints will not be accepted. How to file a complaint?  Complaints must be in writing and addressed to the World Bank Grievance Redress Service (GRS).  Complaints will be accepted by email, fax, letter, and by hand delivery to the GRS at the World Bank Headquarters in Washington or World Bank Country Offices Program affected community/ individuals may also submit their complaint to the WBG‘s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WBG non- compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the WBG‘s attention, and WBG Management has been given an opportunity to respond. 49 6 CHAPTER SIX STAKEHOLDERS CONSULTATION 6.1 Introduction The stakeholder engagement and consultation process utilized in this consultancy involved identifying and working with the Project Affected Persons (PAPs), project affected communities and other stakeholders who may be directly or indirectly affected during the rehabilitation works for the Abidi-Umuoji Gully Sites. These include:  Individuals or group of persons living in close proximity to the project area  Individuals or group of persons who may have cumulative impacts during development  Individuals or group of persons who may be temporarily relocated as a result of the project  Individuals or group of persons who occasionally utilize the land on which the project is located  Traditional and Administrative Classes involved in developmental activities or policy changes in the project area The consultation process with the people of Umuoji was necessary in order to encourage active and sustained participation of the community members, particularly the Abidi, Uruegbe and Urumkpu villages through which the active gully transverse and other communities through which the watershed problem traverses such as Aboh, Ekwuru, Ire, Umuazu, Akalaetiti, Ifite, Umuoli, Aguma, Ekwuru and Umuazu. The consultation promoted community ownership of the project and in addition enhanced sustainability. Involved in the consultation process were the administration of pre-defined socio-economic questionnaires at the household level for the PAPs particularly residents living along the gully corridor. Stakeholder involvement in the project is expected to continue in a manner that gives the communities and the project affected persons (PAPs) the opportunity to make contributions aimed at strengthening the development project while avoiding negative impacts as well as reducing possible conflicts. In addition, the consultations will remain active (i.e on-going exercise) throughout the duration of the entire project. Issues relating to project displacements and compensations to PAPs and any vulnerable groups will be handled efficiently to minimize chances of possible conflicts 50 6.2 Stakeholders Identification Generally, five (5) broad categories of stakeholders were identified for this project based on the degree to which the project activities may affect or involve such persons or group of persons. These stakeholders are grouped as shown in Table 6. The identification followed the following considerations: i) Any persons or parties whose line of duties whether officially, socially, economically or culturally has direct or indirect bearing on any aspects of project activities. These parties may include individuals, groups, institutions or organizations that may be affected by the gully remedial activities; and, ii) Any persons or parties whose specific interests in the project results from: (a) the project's benefit(s) to such persons; (b) potential changes that may occur to the routine activities of the persons due to the project; and, (c) the project activities that may cause damage or conflict for the persons. The identified persons or group of persons in this category will ultimately represent the project Affected Persons (PAPs) or Households (PAHs). 6.3 Identified Stakeholder Groups Table 7 Identified Stakeholder Groups GROUP DESCRIPTION ROLE (S) IN COMMUNITY PROCESS Group-1 Individuals or group of persons whose day-to- This category of persons served as day traditional or administrative functions mobilization points around which the include oversight of developmental activities Consultant reached out to the other within the project areas. members of the community Group-2 Individuals or group of persons whose day-to- The identified persons or group of day lives/livelihoods may be directly affected persons in this category will ultimately by project activities. These people either represent the Project Affected Persons reside or carry out their daily livelihood (PAPs) or Households (PAHs) activities within 50 m of the erosion gully edge. Group-3 Individuals or group of persons whose daily The category of persons may or may not activities (including farming) bring them in be affected by the project but may be close proximity to the project area. These significant contributors to the long-term people may either reside or carry out their sustainability of the project. daily livelihood activities outside of the erosion gully but within the communities in which the project is located. Group-4 CBOs, FBOs and NGOs who provided frequent This group of organizations essentially interface with the community members who contributes to and/or provide on a may be directly or indirectly affected by the regular basis to the spiritual and physical project activities. welfare as well as environmental health of the community. 51 Group-5 Individuals or group of persons who are This group of individuals is collectively political office holders and have significant responsible for the political and general responsibilities toward community members socio-economic development of the within the project area. communities among others within their respective political zones. The identified groups includes:  Anambra State NEWMAP PMU  Traditional Ruler of Umuoji and his cabinets  Chiefs/Elders  President General and Village Chairmen  Youth group leaders  Women group Leaders  Town Associations/ Community Based Organization Leaders etc. 6.4 Community Consultations All consultations in the period of the consultancy were initiated by the Consultant and established by the SPMU. The direct involvement and active participation of relevant stakeholders and the local level people in the planning and management processes of the project, guarantees that any potential disharmonious issues will be resolved swiftly. Also, there will be maximization of resource use, increased benefits and expanded opportunities for the communities in the project area. Community participation will certainly help improve understanding of the project and communication between the SPMU, the contractors and the community. The decision making process for the project will be enhanced by actively involving relevant stakeholders, especially the project affected persons and organizations with stakes in the project. 6.5 Objective of Community Consultation The aims of the community consultation process are:  Implore inputs, views and concerns within Umuoji community as they relate to the project and obtain local and traditional knowledge that may be useful for decision making;  Enable consideration of alternatives, mitigation measures and trade-offs and ensure that important impacts are not overlooked and benefits are maximized;  Mitigate conflict through early identification of contentious issues; and increase public confidence in the project.  Provide an opportunity for the public to influence the designs and implementation in a positive manner and improve transparency and accountability in decision-making; 6.5.1 The Stakeholders Consulted and their Concerns The consultations involved independent and frequent meetings between the Consultant team, Engineering design Consultant and Traditional and Administrative leaderships of Umuoji, which including the President General and Village Chairmen. The key stakeholders identified and consulted in the area include: 52  Traditional Ruler of Umuoji  President General of Umuoji  Public Relation Officer of Umuoji (active and committed throughout the fieldwork)  Chairmen of all villages affected by the project  Other Stakeholders are individuals who own properties that will be directly or indirectly affected by the project, Community Associations, Business Owners etc. During consultation meetings, an overview NEWMAP, the Proposed Project, World Bank safeguard policies as it involved ESMP/ARAP as well as the challenges that could impede the implementation of the project were presented. The support needed from all stakeholders to ensure effective project and successful implementation were also discussed. 6.5.2 Summary of Meetings with Stakeholders The stakeholders’ meetings focused and discussed on the project justification and the associated potential impacts to the community members living within the project corridors. The community’s concerns and general thoughts were solicited and noted. Details of the proceedings at the meetings held are included as Annex 5. Advocacy Visit with HRH Igwe Cyril N. Enweze The Consultancy team visited the palace of HRH Igwe Cyril N. Enweze on 26th of April, 2016. The purpose of the visit was to inform him on the project development and liaise with him on how to achieve maximum involvement of Umuoji people on the project. HRH Igwe Cyril N. Enweze welcomed the consultancy team and was especially delighted that the World Bank and NEWMAP assisted project will ultimately bring lasting solution to the ravaging impacts of the erosion gully within the communities. The stakeholders utilized the opportunity to agree on an effective date for the Public Consultation Meeting. Public Participation and Consultations Numerous formal and informal consultations ranging from advocacy visit to town hall meetings were held with members of the Umuoji people. The Project Affected Communities/Persons turned up in huge numbers to air their views and concerns during the meetings. Advocacy visit and town hall meetings were held on April 26th 2016 and May 3rd 2016 at the HRH Igwe Cyril’s Palace and Umuoji Community Hall respectively. Predominantly, the community members welcomed the project whilst expressing their worries that remedial work should commence expeditiously to prevent exacerbation of the erosion damages as the raining season draws near. 53 Figure 8 Dr. Anyadiegwu responding to Figure 7 Traditional Ruler of Umuoji questions Breaking Kolanut Figure 10 Stakeholder expressing concern Figure 9 Cross Section of Women Group during consultation Figure 11 Consultant team inspecting in Figure 12 Women leader during Umuoji consultation The most often raised comments, concerns, questions and suggestions raised by stakeholders during the project community consultations and meetings are summarized in Table below. Table 8 Comments, Concerns, Questions at Community Meetings and Consultations Comments/Concerns/Questions Raised Consultant’s Responses to Issues Raised Resident Stakeholders welcomed the proposed project The consultant acknowledged the residents and were very much delighted and positive with regards widespread support for the proposed project to the approach undertaken by the AN-NEWMAP and and encouraged them to sustain it World Bank to address the current problems of throughout the project cycle watershed and erosion, which are currently affecting their lives negatively. 54 Comments/Concerns/Questions Raised Consultant’s Responses to Issues Raised Erosion and flooding have caused damages to the The Engineering Design shows that there will people’s homes and loss of livestock, personal be road construction which will help sustain possessions and cutting of major roads that links the proposed rehabilitation works. various communities. Does the project encompass road construction? Members of the community had before now carried out One of the NEWMAP components is to help some palliative measure (use of concrete structures, communities build capacity to check erosion sand bags and drainages) to mitigate the impact of the and effectively manage their watersheds on a gullies at different sections though these additions sustainable basis have been totally eroded by exacerbated impact of the gully. Are there plan in place to enable the communities sustain measures in areas that are not captured by the proposed project? The present watershed and gully erosion are serious The consultant noted the view. problems spanning and devastating major roads in Umuoji community. Road construction should be incorporated if not captured. The majority of stakeholders commented that The Consultant endorsed this view. awareness creation was essential for the long-term success of the erosion and watershed management program; and that manpower development should be included in the program. The construction activities may result in loss of Yes, there will be compensations for property properties, lands or damage to their economic trees damages or loss of assets as a result of and crops. In such cases, will there be compensations project implementation. The purpose of the for such damages? RAP is to methodically identify such properties and assets that may be impacted and establish level of compensations that may be made. Community safety concerns regarding the next cycle of The concerns were noted. It is important that rainy season were keenly expressed. The community is the community provide the necessary support very apprehensive of the advancement of the gully to help speed up conclusion of all due when the rains come pounding. diligent aspects of the project. It is hoped that the project will proceed expeditiously enough as to not cause further damages to the community; this could only be done when ESMP and ARAP reports are concluded. HRH Igwe took time to plead with the resident to The Consultant endorsed this view. exercise patience and work continuously with the consultants as World Bank projects involves stages and 55 Comments/Concerns/Questions Raised Consultant’s Responses to Issues Raised process implementation Will there be compensation for impacts associated with Yes. Any losses resulting from the project resettlement, economic losses, crops, cultural heritage implementation will be compensated. The and physical displacement? entitlement matrix was explained to the PAPs in detail at this point. Will there be compensation for loss of land? The consultant explained the setback based on the engineering design and stated that those whose lands are affected will be compensated in line with world Bank OP4.12 7 CHAPTER SEVEN BUDGET AND FINANCING PLAN 7.1 Introduction A detailed inventory of all affected assets provides the basis for estimating the compensation and assistance costs. This Section provides information on the estimated budget for the overall implementation of this RAP and source of funds. 7.2 Financing plan SPMU is the source of this fund for the payment of the necessary compensations and mitigation measures and overall implementation of the ARAP. Since the Anambra State Ministry of Environment (SMEnv) are the ones impacting livelihoods, it will be their responsibility to fund the RAP budget. It will be financed through the projects administrative and financial management rules and manuals like any other sub-activity of the project eligible for payment under this project. It is expected that implementation function will rest on the SPMU, but the budget will however be subject to the finalization of disclosure and clearance/approval by the World Bank before disbursement or implementation can commence. The SMEnv being responsible for funding the compensation entitlement, final approval for payments above the limit for the Project Coordinator must be approved by the Chief Accounting Officer of the Ministry (Commissioner). Table 9 Summary of ARAP Budget S/N DESCRIPTION TOTAL 56 1 ARAP Compensation/Assistance Budget for 54 PAPs (determined) Land Acquisition N 14,080,217.61 Crops and Agricultural Resources N 1,293,800.00 Structures N 2,054,140.00 Sub-Total: Compensation N 17,428,157.61 2 Capacity Building and Training for ARAP Implementation N4,527,819.00 3 Operating cost including income restoration measures and N 1,742,815.76 Monitoring of RAP Implementation/Contingency (10 % of ARAP compensation Budget) 4 Cost of engagement of consultant/NGOs for compensation N1,500,000.00 payment *TOTAL N 25,198, 792.40 The total budget for administering/implementing the ARAP for Rehabilitation of Abidi Village Umuoji Gully Erosion project is Twenty Five Million, One Hundred and Ninety-Eight Thousand, Seven Hundred and Ninety-Two Naira, Forty Kobo (N 25,198, 792.40). This sum is expected to cover compensation of assets affected and additional mitigations for livelihood restoration measures, coordination of additional mitigations, grievance redress and compensation commission. In addition, 10% of this total budget has been provided for Operation cost and contingencies such as inflation that shall be allowed and added to the current budget. 7.3 Procedure for Delivering of Entitlements 7.3.1 Engagement of Consultant (NGO) The SMEnv shall engage the services of a Consultant (in this case an NGO) for preparation and management of entitlement to the PAPs. The Consultant will be responsible for facilitating the ARAP compensation process described below. 7.4 ARAP Compensation Process The compensation process will involve several steps in accordance with this resettlement and compensation plan and shall include the following:  Public participation: Public participation with the PAPs which had been part of the process of this ARAP would continue even at the RAP implementation phase. Using the entire identified medium, PAPs would be contacted, consulted and made to participate in enlightenment workshop in which alternatives for income restoration and compensation will be discussed and agreed. During this meeting, eligible PAPs without clearance certificate for entitlement will be issued with certificates. This assignment will be facilitated by the Consultant that will oversee the RAP compensation  The Consultant shall identify and work closely with Township liaison, CDCs, etc. within the project area to ensure that PAPs are all contacted/consulted, and necessary dossiers are documented from PAPs  Type of choice (cash and/or in-kind) made by PAPs shall be documented. This shall be done by issuing PAPs with an order form to be completed and signed by PAPs. PAPs who cannot read or write will be assisted to do so 57  PAPs will specify clearly within the provision in the order form their transfer instruction (for those receiving cash), stating their Bank Account Name, Name of Bank, Account Number and Sort Code.  Non-Bank Account holders shall be assisted to open bank accounts. This is important due to;  Government of Nigeria is moving towards a cashless economy which may pose difficult for PAPs receiving their entitlements.  Operating a bank account will be a plausible option to manage PAPs income restoration program  Carrying cash to the house by PAPs poses a security treat to PAP and may also lead to increase poverty scenario of PAPs  Notification - Dates of various activities for the resettlement program will be communicated to PAPs for inclusive participation. 7.5 Compensation Payment Administration The resettlement budget details prepared in this RAP shall be the guide for the Consultant to be engaged for RAP payment. After the processes elaborated above has been exhausted, the consultant will prepare the payment documentation stating the Name of PAP, address, Phone number, Bank account details and amount entitled. The submission will be made to the Project Coordinator at The PMU. The Project Coordinator will verify the submission by the consultant using the RAP Budget document as a reference. If there are errors, omissions or ambiguities, the attention of the Consultant will be drawn for reconciliation. When fully verified, the payment mandate/report shall be sent to the Commissioner for approval of fund and payment. The Commissioner/chief accounting officer shall approve the payment and minute to the Project Coordinator at the PMU who shall ensure that the payments are carried out by the accountant/finance officer to the various PAPs banks 7.6 Resettlement Implementation Linkage to Civil Works Before any project activity is implemented, PAPs will need to be compensated/resettled in accordance with the entitlement matrix/budget plan established in this RAP. Alternative structures and relocation sites where applicable should have been prepared and witnessed by State Ministry of Environment and the community leaders/CDCs. PAPs that would not need to relocate, especially those that their Fence/balcony/ relaxation outdoors will be impacted must be informed/given the civil work schedule which at least provides a two weeks prior notice to PAPs before actual civil works in the area or site. Resettlement monitoring of income restoration measures shall however be continuous throughout the project cycle together with other project activity implementations. 58 8 CHAPTER EIGHT INSTITUTIONAL ARRANGEMENTS- ROLES AND RESPONSIBILITIES 8.1 Introduction This ARAP recognizes the cross-ministerial and cross-state coordination and collaboration of the many Federal and State Ministries, Departments and Agencies (MDAs) as well as local governments and communities involved in the NEWMAP. This brought about the development of institutional arrangements amongst public agencies with local communities and PAPs with a view to ensuring good project management. The implementation of this ARAP shall require close collaboration among all the stakeholders with a properly constituted structure for administration which shall be agreed by all parties from the onset. The roles and responsibilities of the participating parties in collaborative efforts are well outlined. The major institutions that are involved in this resettlement process are the Anambra State Ministry of Environment, the World Bank, and the Resettlement Implementation Committee (RIC). 8.2 Institutional Arrangement The roles and responsibilities of the institutions regarding Resettlement Implementation and Grievance redress is summarized below. 8.2.1 The Financier World Bank • Maintains an oversight role to ensure compliance with the safeguards policies, review and provide clearance and approval for the ARAP. 59 • Conduct regular supervision for satisfactory ARAP implementation, fulfilment of community liaison and provide support role throughout the project implementation, and monitor the progress of the project construction. • Recommend additional measures for strengthening the management framework and implementation performance. • In case the WB considers the implementation to be not acceptable and no improvements can be expected, it will require that institutional capacity building measures be taken to strengthen the SPMU 8.2.2 Federal Level Federal Ministry of Environment (FMEnv) • Lead coordinating agency and hosts the Federal Project Management Unit (FPMU). • FPMU Individual MDAs (State and Federal Levels) • Participate deeply in the annual joint work programming process facilitated by the Federal/State PMU. Federal Steering Committee • Direct the FPMU in overall project coordination, alignment of project content and approach, and oversight of activities taking place across participating State. Federal Project Management Unit (FPMU) • Provides an oversight and advisory role in overall project management including resettlement planning and implementation • Establishes and maintains the project management systems • reinforce the State level structures • Supervises through missions 8.2.3 State Level State Steering Committees (SSCs) • Apex decision-making bodies for the operation in the State. State Technical Committees (STCs) • Reviewing and updating the Joint Annual Work Program for State NEWMAP activities (each activity identifies a lead MDA as provided for in the work plan). • Developing inter-sectoral MOUs if needed. State Project Management Unit (SPMU) The SPMU, as the implementing authority, headed by Project Coordinator (PC) & Authorized to take decision on financial matters within the provided budget, has the mandate to: 60 • Develop and implement RAPs and other safeguard instruments. • Drives activities of procurement, capacity building, service-provider mobilization, and monitoring • and coordinating the many participating MDAs at State and Local Government levels. • Study in detail the ARAP, and based on the review of the ARAP prepare a detailed action plan and time table for the day to day ARAP implementation; • Organize the necessary training and capacity building measures for the unit itself and for other partner organizations and committees; • Establish all local level institutions and committees which will participate in the implementation of the ARAP and provide them with the necessary training and capacity building measures; • Coordinates and undertake compensation activities in accordance with the principles and procedures specified in the ARAP • Implement the income restoration and social development programs and project in accordance with the principles and procedures specified in the ARAP; • Ensure the systematic undertaking of monitoring, review and evaluation of the ARAP in accordance with the framework and guidelines provided in the ARAP and store the data and information collected in a data base; • Based on the findings of the monitoring and review take corrective actions and submit monitoring and review reports to the relevant higher bodies for timely corrective measure. • Facilitate the discussion between PAPs and communities regarding compensation for land acquired for the projects; • Implement the ARAP including their involvement to redress complaints and internal monitoring. • Cooperate through a Steering Committee that provides guidance to the technical aspects of all project activities; • Maintain and manage all funds effectively and efficiently for the projects • Organize the necessary orientation and training for SPMU officials so that they can carry out consultations with communities, support communities in carrying out RAPs and implement the payment of compensation and other measures (relocation and rehabilitation entitlement) to PAPs in a timely manner; • Ensure that progress reports are submitted to the World Bank regularly SPMU Livelihood Safeguard Officer • Initiate Resettlement Action Plan (whenever the project involves displacement of homes or businesses) or land acquisition of any kind). • Review and approve Contractor’s Implementation Plan for the social impact measures as per the ARAP • Liaise with the Contractors and the SPMU on implementation of the ARAP • Coordinate on behalf of SPMU day to day activities with the relevant line departments and oversee the implementation of ARAP instrument, prepare compliance reports with statutory requirements, etc. • Monitor and supervise regularly the implementation of ARAP • Observe payment of Compensation to PAPs. • Identify and liaise with all relevant Stakeholders pre and post Project implementation. 61 • Sensitization of and Consultations with relevant Stakeholders during and after (where necessary) Project Implementation. • Charged with the responsibility of safeguard requirements and ensuring the sustainability of project. SPMU Engineer • Provide technical support Monitoring & Evaluation Officer/Consultant • Develop the monitoring and evaluation protocol • Conduct monitoring of ARAP implementation activities. • Provide early alert to redress any potential problems. • Monitor target achievements and slippages. NEWMAP Technical Officer • Acts as a link between the SPMU and the LGA; • Sits at the LGA where the site intervention is taking place. Resettlement Implementation Committee (RIC) To ensure a broad representation with the intent of minimizing any conflict, it is recommended that a Resettlement Implementation Committee (RIC) be set up and members be drawn from amongst the following: • Affected Local government Chairman as Chairman • Physical Planning /land officer and forester • Representative of affected Communities, • PAPs represented by local trade /Union leaders • Coordinated by the Safeguard Unit of SPMU. • Rep of the Site Committees Their roles shall include; • Carry out meeting with each PAPs. • Provide all necessary information to the PAPs regarding guidance value and basis for calculation of prices offered. • Negotiate and firm up the final consent price. • Intimate the decision for payment of compensation to the PAPs • Ensure the Implementation of the RAP without any conflict • Ensure that the project design and specifications adequately reflect the recommendations of the RAP • Establish dialogue with the affected persons and ensure that the concerns and suggestions are referred to SPMU for appropriate response and management • All members of RIC must be people who are knowledgeable in the use of local mechanism to settle grievances and who can ensure equity across cases and also be in position to know and eliminate nuisance claims and satisfy legitimate claimants at low cost 62 Grievance Redress Committee The grievance redress mechanism describes the procedure as well as a number of multi-layered mechanisms to settle grievances and complaints resulting from resettlement and compensation in- house, at local level (See chapter 6 for full details). The objective is to respond to the complaints of the PAPs in a timely and transparent manner and to provide a mechanism to mediate conflict and cut down on lengthy litigation, which often delays such infrastructural projects. It will also provide people who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures. The major grievances that might require mitigation include: • PAPs not listed; • Losses not identified correctly; • Inadequate assistance; • Dispute about ownership; • Delay in disbursement of assistance and improper distribution of assistance. 8.2.4 Local Level Local Government • Coordinates activities at local level during the preparation and implementation of RAPs such as activities for determining the cut-off date and for actually implementing the resettlement, and for handling any grievances and complaints. • Responsible for the appraisal of properties affected by the project. • Provide additional resettlement area and amenities if the designated locations are not adequate. • Engage and encourage carrying out comprehensive and practical awareness campaign for the proposed project, amongst the various relevant grass roots interest groups. • Appoint a suitable Desk Officer for ARAP information management • Participating in sensitization of all communities • Participate in resolving grievances ; • Monitor implementation of projects and activities of Operational Officers; • Liaises with State PMU • Convenes and helps mobilise affected communities within and across targeted sub- catchments • Oversees community facilitators • O&M oversight of works • SPMU Participates in site-committees Technical Officer in Local Government Areas • Act as liaison to SPMU, MDAs and other organisations working with communities. • Provide senior technical skill-set and advisory services to communities and LGAs. • Convene affected and directly participating communities (liaising with neighbouring LGAs as needed). 63 • Closely interact with community stakeholders and the community facilitators. • Support site monitoring. 8.2.5 Community Level Community Liaison and Support Professional • A liaison between the watershed community/communities and the SPMU • in close contact with community members on a frequent and continuous basis, • Assist in the formulation of community plans for livelihoods. • Community sensitization and social mobilization. • Assisting communities to form a representative Community Association. • Helps the community to identify, select and implement livelihood sub-projects. • Mobilizes cooperative labour for physical works. • Provides support to the community for participatory monitoring. Site Committees/ Community Associations • Project site oversight. • Identifies erosion problems and helps select and monitor solutions. • Selects livelihood opportunities. • Oversee physical works. • Participate in site monitoring. • Cooperate with neighbouring communities and LGAs as needed for trans-boundary sub- catchments. Community Interest Groups • Coordinate community inputs to sub-catchment planning, implementation and monitoring, with guidance from support professionals and technical providers such as extension agents. • Participating in site monitoring. • Mobilise Youth and Women’s groups. Traditional Authority • Support in the identification of the right PAPs • Assist in resolving grievances of PAPs • Ensures that social values are not interfered with. Project Affected Persons • Receive compensation and move away from impact areas promptly • Coordinate with the survey team/Resettlement Committee in carefully checking and signing off their affected lands and other assets as well as their entitlements; • Make themselves available during census and participation in implementation; • Provide feedback on improving the quality of the RAP and suggesting solutions for • its effective implementation and • Submit concerns through the right grievance redress channel 64 CBOs/CSOs • Assist in resolving grievances of PAPs • Support and assist in the mobilization of the various relevant grass roots interest groups. • May have complaints that need to be resolved in the execution of the project with a view to avoiding conflicts and grievances. • Serve as witness in compensation process and Monitoring and Evaluation 8.2.6 Others Contractors • Comply with relevant contract clauses on resettlement issues • Establish good community relations; • Train the workforce, and avoid any form of discrimination in terms of gender, religion or tribe; • As much as possible employ the workforce from the project catchment area, and also make procurement therein; • Try to provide local infrastructure and services in the course of executing the project; • Ensure that workers and site staff are sensitive to the customs and way of life of the communities. • Promptly repair any damage to utility services or infrastructure of the community in implementation of the project; Ministry of Lands, Survey and Urban Planning • Ensure compliance on matters of Land Acquisition and compensation and other resettlement issues, • Verification of selected sites for resettlement and ensuring that such sites are ideally suitable for affected people. • Invoke the physical planning and urban development law along the roads. • Ensuring that the project meets with the requirements of resettlement as specified in the report • Make appropriate recommendation and input in the resettlement process • Ensuring that affected people are adequately compensated as stated in this report 65 9 CHAPTER NINE TIME TABLE OF EVENTS 9.1 Timetable for the Resettlement Action Plan The ARAP has to be completed and PAPs adequately compensated before operation in the designated project area. The timeline is only indicative since the external factors not envisaged at this period such as delay in reviewing and addressing comments and other administrative and operational matters may cause a delay in the project time line. Table 10 Timetable for Completion of ARAP Implementation S/N Activities Completion Time OCTOBER NOVEMBER DECEMBER JANUARY 1 Submission of Draft Final ARAP Report 2 Field Verification and comments 3 Update of comments 4 Submission of Final ARAP Document 5 Advertisement in two Local Newspaper in the Country 6 Published in the World Bank Info Shop 7 Commencement of ARAP Implementation 66 8 Completion of ARAP Implementation 9 Commencement of Civil work 9.2 Training and Capacity Needs Based on the assessment of the institutional capacities of the SMEnv in the understanding and implementation of an ARAP, it is recommended that they Contract technical assistance to provide training and operational support to SPMU and other agencies involved in the ARAP implementation. It is necessary that the SPMU and the Grievance Redress Committee be educated on the modus operandi of involuntary resettlement and how to manage grievance cases and also for PAPs to understand optimal measures for livelihood restoration and the opportunities to possibly take advantage of. Table 11 Capacity Building schedule and cost Duration Item Module Who to Train Resources Estimated Amount 2 Days Involuntary Principles of Resettlement SPMU, LG, Contractors, Full text of OP 4.12 for N2,110,839 Resettlement Action Plan Engineers, & relevant each participant and MDAs, Community Monitoring & Evaluation of PowerPoint Rehabilitation leaders/CBOs/NGOs/PAPs Presentation Protocol RAP/RAP Implementation Associated Handouts Public Involvement and Consultation in RAP 1 Day Grievance Conflict Management and SPMU, members of PowerPoint N1,370,520 Redress Resolution in RAP Resettlement and Presentation Mechanism Grievance Redress Associated Handouts Committees 1 Day Basics of Cash Management and SPMU, All the PAPs PowerPoint N1,046,520 Livelihood Monitoring Presentation Restoration Book keeping and Record Associated Handouts Management Investment Decision making TOTAL: N4,527,819 67 10 CHAPTER TEN MONITORING AND EVALUATION 10.1 Overview Monitoring and Evaluation are integral components of the programme/project management cycle used at all stages of the cycle, monitoring and evaluation can help to strengthen project design, enrich quality of interventions, improve decision-making, and enhance learning. The key objectives of monitoring the ARAP implementation would be as follows;  Transparency and accountability in terms of use of project resources  Providing constant feedback on the extent to which the RAP implementation are achieving their goals  Identifying potential problems at an early stage and proposing possible solutions  Providing guidelines for the planning of future projects and,  Improving project design There will be two levels of monitoring; namely internal monitoring and external monitoring. Under internal monitoring the Anambra State Ministry of Environment will hire a monitoring and evaluation officer to work in the PMU while an external monitoring and evaluation officer will be engaged periodically by SMEnv. 10.2 Internal Monitoring The internal monitoring and evaluation officer will report to the Project Coordinator at the PMU. Implementation of the ARAP will be regularly supervised and monitored by the Monitoring and Evaluation/ Social Officer in coordination with staff of the NEWMAP- PMU. 68 The findings will be recorded in quarterly reports to be furnished to the NEWMAP- PMU, and the World Bank. Lessons learnt during implementation will be documented and disseminated so that gaps identified can serve as valuable information for subsequent projects. Tasks of the Monitoring and Evaluation Officer  Verify that the baseline information of all PAPs have been carried out and that the valuation of assets, lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this policy framework and the respective inventory and ARAP.  Oversee that the ARAPs are implemented as designed and approved.  Verify that funds for implementing ARAPs are provided to the respective local level (district) in a timely manner in amounts sufficient for their purposes and that such funds are used by the SMEnv in accordance with the provisions of the ARAP.  Ensure the identification and signature/thumb print of PAPs before and during receipt of compensation entitlements.  Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner. 10.3 Independent Monitoring An independent agency will be retained by the SMEnv to periodically carry out external monitoring and evaluation of the implementation of the ARAP. The independent agency will be either an academic or research institutions, non- governmental organizations (NGO) or an independent consulting firm. They should have qualified and experienced staff and their terms of reference acceptable to the funding partners In addition to verifying the information furnished in the internal supervision and monitoring reports, the independent monitoring agency will visit a sample of 10% of the Project affected Population in the project area, six months after the ARAP has been implemented to:  Determine whether the procedures for PAPs participation and delivery of compensation and other rehabilitation entitlements have been done in accordance with the Policy Framework and the respective ARAP.  Assess if the ARAP objective or enhancement or at least restoration of living standards and income levels of PAPs have been met.  Gather qualitative indications of the social and economic impact of project implementation on the PAPs.  Suggest modification in the implementation procedures of the RAP, as the case may be, to achieve the principles and objectives of this policy framework. The terms of reference for this task and selection of qualified agency will be prepared by the NEWMAP-PMU in collaboration with the World Bank at the beginning of project implementation stage. 10.4 Monitoring Indicators They include:  Delivery and usage of compensation and resettlement entitlements; 69  Allocation of replacement land and residential plots, where applicable;  Reconstruction of new houses and other infrastructure, where applicable;  Compensation measures applied to compensate for damage during construction activities;  Reported grievances and action taken;  Problems encountered and action taken;  General issues related to the success of compensation and resettlement measures.  Implementation progress;  Compensation and resettlement policies;  Changes in livelihoods and incomes among PAPs; and,  Consultation with and participation of PAPs and other Stakeholders. 10.5 Implementation Schedule Table 10 summarizes the implementation schedule of the Resettlement Action Plan by phase, responsibilities and completion time for the construction and rehabilitation project. Table 12 Summary of Implementation Schedule PROJECT CYCLE PHASE ACTIVITIES RESPONSIBILITIES PLANNING Scoping and Initial site visit & consultations. Consultant; Supervision by Screening Identification of Resettlement SMEnv and Social issues Application of safeguard policies Categorization Action plan Screening Report WB No-Objection DESIGN Preparation of ARAP Draft ARAP Consultations Consultant; and consultations Supervision by WB No-Objection SMEnv Disclosure Disclosure of ARAP locally to WB Info SMEnv, World Bank Shop. Finalization and Final version of ARAP Consultant; Supervision by Incorporation ARAP into contract documents SMEnv WB No-Objection EXECUTION Implementation Implementation Monitoring Contractors Supervision by and monitoring & reporting on environmental and social mitigation measures SMEnv and the 70 Monitoring and reporting of community Resettlement and livelihood issues OPERATIONS (POST- Maintenance Monitoring and Contractors IMPEMENTATIION) reporting of Resettlement and social Supervision by livelihood issues SMEnv and the Community 71 REFERENCES Compulsory Acquisition of Land and Compensation in Infrastructure Projects, World Bank (2012) Environmental and Social Management Framework for the Nigeria Erosion and Watershed Management Project, World Bank (2013) Handbook for Preparing a Resettlement Action Plan, World Bank (2002) Ibe, K.M, and Njemanze, G.M., (1998) The Impact of Urbanization and Protection of Water Resources Owerri, Nigeria [online] Available from IFC performance Standards on Environmental and Social Sustainability, World Bank (2012) Involuntary Resettlement Sourcebook, World Bank (2004) Operational Manual (Safeguards on Involuntary Resettlement), World Bank (2001) Project Appraisal Document for Nigeria Erosion and Watershed Management Project, World Bank (2012) Project Implementation Manual for Nigeria Erosion and Watershed Management Project, World Bank, (2013) Resettlement Policy Framework for Nigeria Erosion and Watershed Management Project, World Bank (2012) Reyment R. A.; 1976. Stratigraphy of Niger Delta. Ibadan University Press, Nigeria. SMEC Group (2015) Detailed Engineering Design Report for Abidi Village Umuoji Erosion Site SMEC Group (2016) Feasibility Study Report For Erosion Control Sites Strategic Framework for Mainstreaming Citizen Engagement in World Bank Group, World Bank (2004) Valuation Reporting Requirements in a Resettlement Action Planning (RAP) Process, Adamu (2013) 72 ANNEX 1 CENSUS REGISTRATION FOR PAPS S/N NAME OF PAP SEX AGE MARITAL PHONE NO OF TYPE OF DESCRIPTION OF PROPERTY STATUS PAPs PROPERTY SIZE 1 Male 63 Married Cash crop Cassava farm of 20 stands 2 Male 76 Married Cash crop 1 udara tree, 1 lime tree, 5 plantain stands, 1 ogbono tree, 5 pineapple stands 3 Male 65 Married Cash crop 1 palm tree,1 cashew tree, 15 plantain stands, bitter leaf of 25 stands 4 Male 85 Married Cash crop 6 palm trees 5 Male 42 Married Cash crop Green vegetable, yam and maize farm of 3 rows 6 Male Cash crop Cassava 60 stands 7 Male Married Cash crop 3 Palm tree, 1 Pear, Cassava 3100stands, 3 Kolanut 8 Male Married Cash crop 1 Mango, 2 Palm tree 9 Male Married Cash crop 1 Mango 10 Male Married Cash crop 2 Palm tree, 1 ugiri, cassava 20 stands 11 Male 78 Married Cash crop 1 cashew tree, 1 mango tree 12 Male Married Cash crop 1 Palm tree 73 S/N NAME OF PAP SEX AGE MARITAL PHONE NO OF TYPE OF DESCRIPTION OF PROPERTY STATUS PAPs PROPERTY SIZE 13 Male 60 Married Cash crop 1palm tree, 1 cashew tree 14 Male Married Cash crop Cassava 90 stands 15 Female Married Cash crop 8 Plantain, 15 bitterleaf stands 16 Female 57 Widow Cash crop Cassava farm of 40 stands 17 Male 61 Married Cash crop 1 mango tree 18 Female 54 Widow Cash crop 1 mango tree, 2 plantain stands 19 Female 40 Married Cash crop Cassava farm of 120 stands, 80 bamboo stick 20 Female 42 Married Cash crop Green vegetable, maize and cocoyam farm of 3 rows 21 Female Married Cash crop Cassava 120 stands, 1 cashew 22 Female 68 Widow Cash crop 7 palm trees, 2 coconut trees, 1 soursop tree, 1 breadfruit tree 23 Female 86 Widow Cash crop 10 plantain stands, maize and cassava farm of 2 rows 24 Male 68 Married Cash crop/Fence cassava farm of 120 stands, 1 0range tree, 1 apple tree, fence L=49.6m, H=3m, W=2.5m, 8 pillars (0.2x0.2), 3 gate pillars (0.8x0.8) 74 S/N NAME OF PAP SEX AGE MARITAL PHONE NO OF TYPE OF DESCRIPTION OF PROPERTY STATUS PAPs PROPERTY SIZE 25 Male 67 Married Cash crop/Sewage 3 palm trees, sewage tank, tank/Fence fence (1.9x11)m with 3 pillars, pavement( dwaf)L=15m, W=4m, L=11m,H=3.0m 26 Male 55 Married Fence Brick Fence 27 Male 65 Married Fence Fence 28 Male 28 Married Fence Dwarf fence L=10.2m, H=1.2m, W=1.2m 29 Female 82 Widow Fence Fence 30 Male 42 Married Kiosk kiosk (cover), shop extension 31 Male 55 Married Land 749.804SQM 32 Single 23 Married Land 566.163SQM 33 Male 28 Married Land 1203.385SQM 34 Male 58 Married Land 645.260SQM 35 Male 36 Married Land 372.914SQM 36 Male 65 Married Land 524.893SQM 37 Male 65 Married Land 20.712SQM 38 Female 50 Married Land 734.800SQM 39 Female 60 Married Land 462.144SQM 75 S/N NAME OF PAP SEX AGE MARITAL PHONE NO OF TYPE OF DESCRIPTION OF PROPERTY STATUS PAPs PROPERTY SIZE 40 Male 56 Married Shop shop pavement (tiles) 41 Male 61 Married Shop Shop extension with slab pavement L= 12m, W= 11m, H= 1.5m 42 Male 60 Married Shop Shop pavement of L=16.3m 43 Male 29 Single Shop Shop pavement 9x2x1.2m 44 Female 61 Widow Shop Shop pavement 9x2x1.2m 45 Male 56 Married Shop Shop extension L= 8m, W= 1.5m, H= 1.2m 46 Male 62 Married Store Store pavement 9x2x1.2m 47 Male 57 Married Store Store pavement of L=17.5m, W=2m, H=1.2m 48 Male Store Store pavement 9x2x1.2m 49 Male Store Kiosk 50 Male 36 Married Store Store pavement 9x2x1.2m 51 Male Married Store Store pavement 9x2x1.2m 52 Male 40 Married Store Store pavement 9x2x1.2m 53 Female 62 Widow Store Store pavement 9x2x1.2m 54 Male Married Cash Crop 2 Soursop 76 NB: Some of the Columns are omitted for some PAPs. This is because some of these PAPs were not available at the time of enumeration and before the cut-off date. This does not disqualify them from compensation as they were identified before the cut-off date. 77 ANNEX 2 MONITORING INDICATOR FOR THE PERFORMANCE OF RAP INCOME RESTORATION NAME OF MONITORING OFFICER: NAME OF PAP: TYPE OF IMPACT CAUSED TO PAP BY PROJECT: Choice made by PAP between cash and in-kind compensation: Proposed Use of Payments: Date of Monitoring: Indicators Baseline Status New Status Comment (Date) (Date) Income of PAP Occupation of PAP Number of grievances and time and quality of resolution Skill acquisition/training Assistance received from Project Number of Children Number of children in school Type of place of dwelling Ownership of shop/structure? Value of Stock Turnover Condition of affected structure/Asset 78 ANNEX 3 INVENTORY OF AFFECTED ASSETS/STRUCTURES AND COMPENSATION FOR PAPS S/N NAME OF PAP SEX AGE MARIT PHONE NO TYPE OF DESCRIPTION OF COMPENSATI COMPENSATIO TOTAL AL OF PAPs PROPERTY PROPERTY SIZE ON FOR CASH N FOR COMPENSATION STATU CROPS (N) STRUCTURE/LA DUE TO PAP (N) S ND (N) 1 Male 63 Married Cash crop Cassava farm of 20 - stands 2 Male 76 Married Cash crop 1 udara tree, 1 lime tree, - 5 plantain stands, 1 ogbono tree, 5 pineapple stands 3 Male 65 Married Cash crop 1 palm tree,1 cashew - tree, 15 plantain stands, bitter leaf of 25 stands 4 Male 85 Married Cash crop 6 palm trees - 5 Male 42 Married Cash crop Green vegetable, yam - and maize farm of 3 rows 6 Male Cash crop Cassava 60 stands - 7 Male Married Cash crop 3 Palm tree, 1 Pear, - Cassava 3100stands, 3 Kolanut 8 Male Married Cash crop 1 Mango, 2 Palm tree - 9 Male Married Cash crop 1 Mango - 10 Male Married Cash crop 2 Palm tree, 1 ugiri, - cassava 20 stands 11 Male 78 Married Cash crop 1 cashew tree, 1 mango - 79 S/N NAME OF PAP SEX AGE MARIT PHONE NO TYPE OF DESCRIPTION OF COMPENSATI COMPENSATIO TOTAL AL OF PAPs PROPERTY PROPERTY SIZE ON FOR CASH N FOR COMPENSATION STATU CROPS (N) STRUCTURE/LA DUE TO PAP (N) S ND (N) tree 12 Male Married Cash crop 1 Palm tree - 13 Male 60 Married Cash crop 1palm tree, 1 cashew - tree 14 Male Married Cash crop Cassava 90 stands - 15 Femal Married Cash crop 8 Plantain, 15 bitterleaf - e stands 16 Femal 57 Widow Cash crop Cassava farm of 40 - e stands 17 Male 61 Married Cash crop 1 mango tree - 18 Femal 54 Widow Cash crop 1 mango tree, 2 plantain - e stands 19 Femal 40 Married Cash crop Cassava farm of 120 - e stands, 80 bamboo stick 20 Femal 42 Married Cash crop Green vegetable, maize - e and cocoyam farm of 3 rows 21 Femal Married Cash crop Cassava 120 stands, 1 - e cashew 22 Femal 68 Widow Cash crop 7 palm trees, 2 coconut - e trees, 1 soursop tree, 1 breadfruit tree 23 Femal 86 Widow Cash crop 10 plantain stands, maize - e and cassava farm of 2 80 S/N NAME OF PAP SEX AGE MARIT PHONE NO TYPE OF DESCRIPTION OF COMPENSATI COMPENSATIO TOTAL AL OF PAPs PROPERTY PROPERTY SIZE ON FOR CASH N FOR COMPENSATION STATU CROPS (N) STRUCTURE/LA DUE TO PAP (N) S ND (N) rows 24 Male 68 Married Cash crop/Fence cassava farm of 120 stands, 1 0range tree, 1 apple tree, fence L=49.6m, H=3m, W=2.5m, 8 pillars (0.2x0.2), 3 gate pillars (0.8x0.8) 25 Male 67 Married Cash 3 palm trees, sewage crop/Sewage tank, fence (1.9x11)m tank/Fence with 3 pillars, pavement( dwaf)L=15m, W=4m, L=11m,H=3.0m 26 Male 55 Married Fence Brick Fence - 27 Male 65 Married Fence Fence - 28 Male 28 Married Fence Dwarf fence L=10.2m, - H=1.2m, W=1.2m 29 Femal 82 Widow Fence Fence - e 30 Male 42 Married Kiosk kiosk (cover), shop - extension 31 Male 55 Married Land 749.804SQM - 32 Single 23 Married Land 566.163SQM - 33 Male 28 Married Land 1203.385SQM - 81 S/N NAME OF PAP SEX AGE MARIT PHONE NO TYPE OF DESCRIPTION OF COMPENSATI COMPENSATIO TOTAL AL OF PAPs PROPERTY PROPERTY SIZE ON FOR CASH N FOR COMPENSATION STATU CROPS (N) STRUCTURE/LA DUE TO PAP (N) S ND (N) 34 Male 58 Married Land 645.260SQM - 35 Male 36 Married Land 372.914SQM - 36 Male 65 Married Land 524.893SQM - 37 Male 65 Married Land 20.712SQM - 38 Femal 50 Married Land 734.800SQM - e 39 Femal 60 Married Land 462.144SQM - e 40 Male 56 Married Shop shop pavement (tiles) - 41 Male 61 Married Shop Shop extension with slab - pavement L= 12m, W= 11m, H= 1.5m 42 Male 60 Married Shop Shop pavement of - L=16.3m 43 Male 29 Single Shop Shop pavement - 9x2x1.2m 44 Femal 61 Widow Shop Shop pavement - e 9x2x1.2m 45 Male 56 Married Shop Shop extension L= 8m, - W= 1.5m, H= 1.2m 46 Male 62 Married Store Store pavement - 9x2x1.2m 82 S/N NAME OF PAP SEX AGE MARIT PHONE NO TYPE OF DESCRIPTION OF COMPENSATI COMPENSATIO TOTAL AL OF PAPs PROPERTY PROPERTY SIZE ON FOR CASH N FOR COMPENSATION STATU CROPS (N) STRUCTURE/LA DUE TO PAP (N) S ND (N) 47 Male 57 Married Store Store pavement of - L=17.5m, W=2m, H=1.2m 48 Male Store Store pavement - 9x2x1.2m 49 Male Store Kiosk - 50 Male 36 Married Store Store pavement - 9x2x1.2m 51 Male Married Store Store pavement - 9x2x1.2m 52 Male 40 Married Store Store pavement - 9x2x1.2m 53 Femal 62 Widow Store Store pavement - e 9x2x1.2m 54 Male Married Cash Crop 2 Soursop - 83 ANNEX 4 CENSUS/ SOCIO-ECONOMIC DATA COLLECTION FORM IDENTIFICATION Community: _________________ Date___________________ Name of the Respondent: _______________________________________________ Affix Passport Here Phone No___________________________ Relationship to Household head_________________________ Age___ Sex___ Address: __________________________________________________ Nationality____________ Nativity ___________ Length of stay within the community____________ GENERAL INFORMATION Religious Group: Christians____Muslim___ATR___Others (specify) ___ Social Group: Vulnerable___General___ Family Pattern: Joint___Nuclear___Individual______ Size of Family: Small (2-4) ____Medium (5-7) ____Large (Above7) ____ FAMILYPARTICULARS (Start from head of the household) S/N Name of Member Sex Age Marital Relationship Educational Occupation Status to HH-head level Primary Secondary Household’s Main Occupation________________and Monthly income (N)___________Secondary Source_________and Monthly Income (N)________No. of Adult earning members:________ No. of dependents:___ Family annual expenditure: (N)_________ COMMERCIAL/SELF EMPLOYMENT ACTIVITIES Type of Shop/Business Enterprises (SBEs) 84 Hotel____Provision store____Repair & Workshop____ Other Shops (Specify) ___________Other Enterprise (Specify) _____________No. of Partners: ___ Employment Pattern Owner/Operator____Employed 1 to 5 persons___Employed above 5____ VULNERABILITY HH below poverty line___ HH becoming BPL as a result of loss of livelihood/asset___ Female headed household___ PUBLIC UTILITIES How would you describe the condition of the following amenities in town you live/community? Amenities Very Good Good Fair Poor Roads to the community Roads within the community Schools in the community Public Health Institutions Potable Water Public Electricity Communication facilities (Postal Service, Telephone) Public recreation facilities What is the major source of water available to your household? (i)River____ (ii)Borehole (commercial)____ (iii)Borehole (private)___ (iv)Public pipe-borne water___(v)Pond___ (vi)Water Vendor___ (vii)Well water___ How long does it take you in minutes/hours to get to your water source___ What is your primary source of electricity (i)Hurricane Lamp___(ii) Private Generators___ (iii)Community Generators___ (iv)State Government Utilities Board___ (v)Company Operating in your community___ (vi) PHCN (National Grid)___ What is your secondary source of electricity? (i)Hurricane Lamp___ (ii) Private Generators___ (iii)Community Generators___ (iv)Company Operating in your community___ What is the main fuel you use for cooking? 85 (i)Firewood___(ii)Charcoal___ (iii)Kerosene___ (iv)Gas___ (v)Electricity___(vi)Crop residue/ Saw dust___(vii) Animal Wastes___(viii)Others___ HEALTH AND SANITATION What type of toilet facility do you use? (i)Pit___(ii) Bush___(iii)Bucket___(iv) Water Closet___(v)Others (Specify)…… How do you dispose of your household refuse? (i)Private Open Dump___(ii) Public Open Dump___(iii) Organized Collection___(iv)Burning___(v) Bush___(vi)Burying___ Which of the following diseases/condition is most common in your area (i)Malaria___(ii)Typhoid___(iii)Diarrhoea___(iv)Cough___(v) Respiratory Disturbance___(vi)Others__ PROJECT PERCEPTION Are you aware of the proposed Erosion Rehabilitation Project? Yes___No__ If Yes, Source of information_______________ What is your opinion about the project? Good____ Bad____ Can’t say____ If good, what positive impacts do you perceive? ____________________________ If bad, what negative impacts do you perceive? _____________________________ INFORMATION ON AFFECTED PROPERTY GPS Coordinates: ____________________ Name of PAP______________________________________________________ Phone No______________________________ Category of PAP: Titleholder___ Encroacher___ Tenant___ Squatter____ others (specify) __________ Type of document possessed to certify ownership type_________________________________ If not owned, state name and Address of owner_______________________________________ ______________________________________________________________________________ If informal use right, state type of agreement__________________________________________ Number of years used_____ Rent paid/month (N) ___________ Details of the structure Type of Use: Residential____Commercial___Residential/Commercial___Other (Specify) __ Construction Type: Mud___Brick; Mud/Thatched roof__Brick/Thatched roof____ No. of Rooms/Storey___Impacted Area (m2) _____Total Impacted Area (m2) ____ 86 Utility Connection: Electricity____Water___Phone__ (P-Partially F-Fully) Other Affected Assets Compound wall/fence___ Tree___ Farmland____ Borehole/well___ Others (Specify) ____ Replacement Value (N) _________ Assets distance to the wall edge_____________ Agricultural Products Type of Crop Owner of Crop Total yearly production Average yield Average value of crop Number of labor used for production Crop products sold at market (%) Average yearly household income from agriculture (N) __________ Trees Type of Tree Number of affected Tree Average yield of fruit bearing trees Average yearly income from fruit tree RESETTLEMENT AND REHABILITATION In case you are displaced (residentially) where and how far do you prefer to be located? Within the area___ Outside the area____ Place name_______________ Distance___ (km) Which is your preferred replacement Option? Land for land lost ___Cash Assistance ___House in Resettlement Site ___Shop in Resettlement Site __Other (Specify) ___ Factors to be considered in providing alternate place Access to family/friends ____Income from friends___ Income from Business activity___ Daily Job___ Close to Market___ Other (Specify) ____ 87 ANNEX 5 TOWN HALL MEETING PROCEEDINGS The President General of Umuoji welcomed all stakeholders present at the public consultation. He stated that the reason for the meeting was geared towards mutual understanding of the project among the stakeholders. He advised the stakeholders to express their concerns and ask questions for better clarifications where necessary. AN-NEWMAP Communication Specialist (Mr. Emeka Achebe) introduced the AN-NEWMAP representatives and the ESMP/ARAP consultant team. He explained the rationale for the World Bank assisted fund in solving the erosion menace cutting across the same states in Nigeria especially in South Eastern states. He explained the position of NEWMAP in the project implementation and appreciated the Anambra state government for having paid the counter-part funding. He briefed the stakeholders on the project components and the essence of ESMP and ARAP Report. He maintained that the community must take ownership of the project for effective project implementation. AN-NEWMAP Livelihood Specialist thanked the stakeholders for coming out in mass and pleaded with the stakeholders to be committed and punctual during the exercise. In her speech, she stated that the project will undergo processes and encouraged the stakeholder’s to exercise patience and also stated the importance of the Erosion Site Committee whilst stating the criteria for membership. The consultant expressed worries over the devastated erosion problem across the South Eastern States in Nigeria, especially Anambra state. He condemned anthropogenic activities that have affected the integrity of the environmental. He stated that the greater percentage of erosion problem is caused by human induced activities. He further explained the Environmental and Social cost/ benefits for World Bank assisted projects and how it affected the Abidi-Umuoji gully erosion sites rehabilitation project. In addition, the consultant explained the importance of ESMP and ARAP studies. He pleaded with the stakeholders to be transparent, committed and punctual throughout the ESMP and ARAP exercise. He explained the importance of gender equality and sensitivity during the project implementation. The Vice President of the Women Association expressed her profound joy over the development and assured the stakeholders of the women unflinching support. The youth representative stated that Umuoji Youths stand for positive development and they are solidly behind the project implementation. Rev. Peter (Representative of local pastor) stated that the indigenous clergy would give their support in prayers to make sure that the project comes to fulfilment. Nze Ambrose on behalf of President General’s weighed support for the effective project implementation; he beckoned on the stakeholders to be transparent during the exercise and encouraged afforestation initiative to reduce global climate change phenomena. He pleaded to the envisaged PAP, to accept in good fate the consequences the project may trigger during the cause of civic works. HRH Igwe expressed his excitement over the project development and the numerous people that attended the public consultation. He however pleaded with the stakeholders especially the Umuoji communities on the following: The project involves processes therefore patient is paramount The project involves reports writing/disclosure and will undergo different reviews and approval. He further noted three (3) salient points to ponder on namely: The report will consider social and environmental cost of the project The project will involve land acquisition and those affected will be adequately compensated as prescribed in World Bank OP4.12. 88 If the Resettlement/Compensation cost outweighs the project cost, the project becomes a negative one. He called the stakeholders to be transparent during ARAP census. HRH highlighted on the gender sensitivity and equality and called on the women and youths to contribute their quotas in making sure the project is successfully carried out. Lastly, HRH stressed on the cut off date in order to avoid unnecessary grievance during or after civic works. Having said these, HRH Igwe Cyril N. Enweze gave his support on what he called “Cast Iron Guarantee� for the effective project completion of the Abidi-Umuoji gully site rehabilitation works. Chief Sir Jude (Owele) gave the vote of thanks and closing remarks. CONCERNS & REMARKS Ogbuefi expressed scepticism over the reality of the project completion especially the civil works but reassured the stakeholders of the community support as long as the project will be effectively implemented. Mrs. Rose Onwumele, (VP Umuoji Women Union) expressed her appreciation for incorporating women into project planning. She also thanked the Consultant for the thorough explanation of the project scope. She further assured the stakeholders of the women support. Comrade Uche Udeego (Youth Member), commended NEWMAP and assured solidarity for the project implementation. 89 ANNEX 6 LAND SURVEY PLAN FOR CATCHMENT PIT AND AGREEMENT MEETING WITH LAND OWNERS 90 The client held a consultation session with the Traditional rulers, Town union president, Town Union Legal Adviser, the 9 PAPs whose land will be acquired as well as the community appointed surveyor. The purpose of this consultation was to delineate the boundaries of the land o be acquired as well as determine the form of compensation for each of the PAPs. After delineation following the engineering designs for the catchment pit, the PAPs were made to understand that they will be allowed to harvest all crops planted prior to the commencement of work. Also that measures were taken to minimize or avoid the displacement. However since the displacement cannot be avoided, it has necessitated the client to offer displaced persons compensation for loss of assets at full replacement cost and other assistance to help them improve or restore their standards of living or livelihoods. The PAPs were made to understand that the client will take possession of acquired land and related assets only after compensation has been made, where applicable, resettlement sites and moving allowances have been provided to the displaced persons in addition to compensation. The client will also provide opportunities to displaced communities and persons to derive appropriate development benefits from the project. All the affected persons stated their conviction that the project is for their own good and for the good of the community. After deliberations, they unanimously agreed for cash assistance as compensation for land. The consultant then distributed a form for the PAPs to capture their information as well as size of land. The Town Union president and also the legal adviser asked if there is need for the form to be filled on the spot, but the client responded that the PAPs can go home with the form and return the next day after completion. The PAPs thanked the consultant for his patience and promised to ensure that the project will not be delayed by them in any way. 91 ANNEX 7 LIST OF VULNERABLE PERSONS S/N NAME OF PAP SEX AGE MARITAL STATUS PHONE NO OF PAPs 1 Male 76 Married 2 Male 67 Married 3 Male 85 Married 4 Male 78 Married 5 Female 57 Widow 6 Female 61 Widow 7 Female 62 Widow 8 Female 68 Widow 9 Female 82 Widow 10 Female 86 Widow 92 ANNEX 8 BREAKDOWN OF ASSETS VALUED AND COMPENSATION COSTING FOR AFFECTED CASH FARMS/CASH Mango Tree CROPS S/ Name Damage Cost Productivity (Lost Income) Cost Expanded To Regrow Tree To Fruition Age N (A) (B) No of Damage Pieces of Cost/Piec Age of Seedlin Land ( C) Sub Total Tree Cost/Tre Sub Fruit/Tree/Yea e Bearin Sub- g Clearing/Im Total (A+B+C) s e Total r g Fruit Total provement (N) (years) (N) 1. 1 180 5.00 4 120 2. 1 180 5.00 4 120 3. 1 180 5.00 4 120 4. 180 5.00 4 120 1 5. 180 5.00 4 120 1 SUMMARY 1 Palm Tree S/ Name Damage Cost Productivity (Lost Income) Cost Expanded To Regrow Tree To Fruition Age N (A) (B) No Damage Bunch of Cost/Bun Age of Seedlin Land ( C) Sub Total (A+B+C) of Cost/Tre Sub Fruit/Tree/Yea ch Bearing Sub- g Clearing/Im Total Tree e Total r Fruit Total provement (N) s (N) 93 1. 1 6 3 100 2. 3 6 3 100 3. 6 6 3 100 4. 1 6 3 100 5. 7 6 3 100 6. 2 6 3 100 7. 1 6 3 100 8. 2 6 3 100 9. 3 6 3 100 SUMMARY 2 Coconut Tree S/ Name Damage Cost Productivity (Lost Income) Cost Expanded To Regrow Tree To Fruition Age N (A) (B) No Damage Head/Tree/Yea Cost/Hea Age of Seedlin Land ( C) Sub Total of Cost/Tre Sub r d Bearing Sub- g Clearing/Im Total (A+B+C) Tree e Total Fruit Total provement (N) s (Years) (N) 1. 2 75 7 1 SUMMARY 3 94 Cashew Tree S/ Name Damage Cost Productivity (Lost Income) Cost Expanded To Regrow Tree To Fruition Age N (A) (B) No Damage Pieces of Cost/Piec Age of Seedlin Land ( C) Sub Total of Cost/Tre Sub Fruit/Tree/Yea e Bearin Sub- g Clearing/Im Total (A+B+C) Tree e Total r g Fruit Total provement (N) s (Years) (N) 1. 1 200 5 1 2. 1 200 5 1 3. 1 200 5 1 4. 1 200 5 1 SUMMARY 4 Yam Stands S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Stands Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 15 SUMMARY 5 Cocoyam Stands S/N Name Damage Cost Improvement Cost Total 95 (A) (A+B+C) No of Rows Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 3 SUMMARY 6 Vegetable plant S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Rows Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 3 2. 3 SUMMARY 7 Bush Mango (Ugiri) Tree S/N Name Damage Cost Improvement Cost Total (A+B+C) (B) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 1 2. 1 SUMMARY 8 96 Lime Tree S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 1 SUMMARY 9 Bread Fruit Tree S/N Name Damage Cost Improvement Cost Total (A+B+C) (B) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 1 SUMMARY 10 Bamboo Tree S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 80 SUMMARY 11 97 Cassava Stands S/N Name Damage Cost Improvement Cost Total (A) (A+B) No of Stands Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 20 2. 120 3. 120 4. 40 5. 10 6. 20 7. 310 8. 120 9. 60 10. 90 SUMMARY 12 Plantain stands S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Stands Damage Improvement ( B) 98 Cost/Tree Sub Total Sub Total 1. 15 2. 2 3. 10 4. 5 5. 8 SUMMARY 13 Bitter-leaf Stand S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Stands Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 25 2. 15 SUMMARY 14 African Cherry (Udara) S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Tree Damage Improvement ( B) 99 Cost/Tree Sub Total Sub Total 1. 1 Summary 15 Orange Tree S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 1 SUMMARY 16 Apple Tree S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 1 SUMMARY 17 Pineapple Tree S/N Name Damage Cost Improvement Cost Total 100 (A) (A+B+C) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 5 SUMMARY 18 Soursop Stand 10 Name Damage Cost Productivity (Lost Income) Cost Expanded To Regrow Tree To Fruition Age (A) (B) No Damage Pieces of Cost/Piec Age of Seedlin Land ( C) Sub Total of Cost/Tre Sub Fruit/Tree/Yea e Bearing Sub- g Clearing/Im Total (A+B+C) Tree e Total r Fruit Total provement (N) s (N) 1. 2 5 6 100 2. 1 5 6 100 SUMMARY 19 Maize Stand S/ Name Damage Cost Productivity (Lost Income) Cost Expanded To Regrow Tree To Fruition Age N (A) (B) No Damage Pieces of Cost/Piec Age of Seedlin Land ( C) Sub Total of Cost/Tre Sub Fruit/Stand/Ye e Bearing Sub- g Clearing/Im Total (A+B+C) Stan e Total ar Fruit Total provement (N) ds (N) (years) 101 1. 24 10 1 1 2. 15 200 1 1 3. 200 1 1 10 SUMMARY 20 226,800.00 Pear Tree S/ Name Damage Cost Productivity (Lost Income) Cost Expanded To Regrow Tree To Fruition Age N (A) (B) No Damage Pieces of Cost/Piec Age of Seedlin Land ( C) Sub Total of Cost/Tre Sub Fruit/Stand/Ye e Bearing Sub- g Clearing/Im Total (A+B+C) Stan e Total ar Fruit Total provement (N) ds (N) (years) 1. 1 10 1 1 SUMMARY 21 Kolanut Tree S/N Name Damage Cost Improvement Cost Total (A+B+C) (A) No of Tree Damage Improvement ( B) Cost/Tree Sub Total Sub Total 1. 3 Summary 22 SUMMARY FOR CASH CROPS 1,293,800.00 102 103 COSTING FOR THE AFFECTED STRUCTURES S/N DESCRIPTION COMPENSATION AMOUNT USE OF TYPE OF RATE RELO REPLACEM SUBSIS CORDINA NAME OF PAPS AFFECTED STRUCTUR MATERIAL CATIO ENT COST TENCE (N) TES PARTS E USED N (m2) COST 6�/9� Blocks, Cement, Sand, 1. N06.112 Sewage- Residential Stone, water 84 Tank/ Part and lengths of 0 0 E006.87 of Fence M16 925 Labour 6�/9� Blocks, Cement, Sand, 2. Part of Residential 0 0 Stone, water Fence Labour 6�/9� Blocks, Cement, Sand, 3. Shop Business 0 Stone, water pavement and a full length of Iron rod Labour 104 N06.125 kiosk 6�/9� Blocks, 84 (cover), Cement, Sand, 4. 0 E006.89 shop Stone, water 468 extension Business and a full length of Iron rod Roofing materials Labour 5. 6�/9� Blocks, Cement, Sand, NO6.123 Shop Business 0 Stone, water 30 pavement and a full E006.89 length of Iron 015 rod Labour 6. 9� Blocks, Cement, Sand, Fence Business 0 Stone, water and lengths of M16 Labour 7. 6� Blocks, Cement, Sand, N06.122 Dwarf Residential 0 0 Stone, water 46 Fence and lengths of E006.88 Iron Rods. 935 Labour 8. 6�/9� Blocks, 105 Shop Business Cement, Sand, 0 pavement Stone, water and a full length of Iron rod Labour 9. 6�/9� Blocks, Cement, Sand, N06.124 Shop Business 0 Stone, water 31 pavement and a full E006.89 length of Iron 178 rod Labour 10. 6�/9� Blocks, Cement, Sand, N06.122 Shop Business 0 Stone, water 91 pavement and a full E006.88 length of Iron 985 rod Labour 11. 6�/9� Blocks, Cement, Sand, N06.126 Shop Business 0 Stone, water 02 pavement and a full E006.89 length of Iron 523 rod Labour 12. 6�/9� Blocks, Cement, Sand, 106 Shop Business Stone, water 0 pavement and a full length of Iron rod Labour 13. 9� Blocks, Cement, Sand, Fence Residential 0 0 Stone, water Labour 14. 6� Blocks, White Cement, N06.121 shop Business 0 Sand, Broken 39 pavement Tiles, Stone, E006.88 (tiles) water and Iron 817 Rods labour 15. 6�/9� Blocks, Cement, Sand, N06.124 Shop Business 0 Stone, water 37 extension and a full E006.89 length of Iron 166 rod Labour 6�/9� Blocks, Cement, Sand, 16. N06.121 Brick Residential Stone, water 57 Fence with and lengths of 0 0 E006.88 stone- Iron rod (M12) 831 pitched embarkme Labour 107 nt Bundles of Zinc, 2x4 N06.124 Kiosk Business 0 Woods, nails 23 (Zinc) 17. etc E006.89 148 Labour 6�/9� Blocks, Cement, Sand, 18. N06.112 Shop Business 0 Stone, water 45 Pavement and a full E006.87 length of Iron 787 rod Labour 6�/9� Blocks, Cement, Sand, 19. N06.125 Shop Business 0 Stone, water 87 Pavement and a full E006.84 length of Iron 465 rod Labour 6�/9� Blocks, Cement, Sand, 20. N06.124 Shop Business 0 Stone, water 26 Pavement and a full E006.89 length of Iron 159 rod Labour 108 6�/9� Blocks, Cement, Sand, Shop Business Stone, water Pavement 21. N06.124 and a full extension 40 length of Iron rod 0 E006.89 183 Labour SUMMARY FOR STRUCTURES COST FOR LAND RESETTLEMENT REPLACEMENT RELOCATION SUBSISTENCE COMPENSATION COST COST AMOUNT S/N NAME OF LOCATION AFFECTED SIZE OF RATE (N) PAPs PROPERTY LAND (m2) (N) 0 0 1. Land 20.712 0 0 2. Land 372.914 0 0 3. Land 524.893 0 0 4. Land 749.804 0 0 5. Land 566.163 109 0 0 6. Land 462.144 0 0 7. Land 645.260 0 0 8. Land 1203.385 0 0 9. Land 734.800 SUMMARY FOR LAND RESETTLEMENT ADD SUMMARY OF CASH CROPS AND STRUCTURES TOTAL USD NAIRA Currency Conversion Rate: 110 111 ANNEX 9 LAND OWNERS CENSUS AND AGREEMENT FORM 112 113 114 115 116 117 118 119 120