RP342 V4 Lagos Metropolitan Development and Governance Project (P071340) RESETTLEMENT ACTION PLAN 2012 1 Executive Summary The Badia canal and canal road is one several infrastructure upgrade projects under the execution of the Lagos Metropolitan Development and Governance Project (LMDGP), with the support of the World Bank. The construction of the canal and canal bank road in Badia required a land take of about 40 meters by 400 meters, resulting in the displacement of people living on the land. The Resettlement Action Plan (RAP) is outlined in this document in line with the provisions of the Bank’s Operation Policy OP 4.12 on Involuntary Resettlement. It builds on a Resettlement Policy Framework (RPF) that was developed in 2005, updating it as necessary and translating the established compensation criteria into concrete, time bound actions – based on actual displacement impacts, current values and consultations with PAPs. The project impacted on the residential area of the community, affecting 120 resident households, 3 non- resident households and 330 tenants in three waves of displacement. The first wave of displacement was in November 2010, affecting 50 owners of residential wooden structures and their tenants, when they were advised to dismantle and move at their own cost, in anticipation of the commencement of construction. This was followed by the dismantling of 42 structures and movement of householders including 180 tenants in January 2012; and lastly was the dislodgement of 31 households along with 150 tenants in February 2012. Impacts on DPs were: Loss of 123 structures 120 resident and 3 non-resident owners Loss of shelter 120 resident house owners and 330 tenants Loss of burnt household assets 31 house owners and 150 tenants Business disruption 123 house owners and 330 tenants The land occupiers of Badia east fall amongst the poorest cadres in Lagos state. They are mostly contract laborers, bar men, clerks and supervisors in companies, hotels and factories, drivers and petty traders in sachet water, ice blocks, cooked and raw food; soft drinks, beer, kerosene, scrap metal, cooking wood etc. 2 OP 4.12 provides adequate compensations and assistance to mitigate the effects of involuntary displacement on persons, irrespective of their status or whether they have formal titles, legal rights or not; or classified as squatters as is the case in Badia. Based on these provisions, the resettlement entitlements for DPs in Badia are as follows:  Compensation at full replacement value not depreciated for burnt and structures and assets  Compensation for labor cost and damages from dismantling structures  Lump sum payment of rent for resident owners and tenants that were not adequately notified before displacement, for number of months of displacement before compensation.  Payments for disruption and disturbance of normal business  Payment for moving/relocation and temporary shelter In line with the RPF developed in 2005, DPs that moved in 2010 are entitled to all the benefits except for rent allowance because they were duly notified before moving. In the same vain, tenants are entitled to compensation for lost assets, income and other assistance except for compensation for structures. The issue of business tenants did not arise since the project affected the residential area of the site. Valuation was based upon collection of information on the numbers and types of materials used to construct different types of structures and current prices and rates of items, rent, transportation and labor collected in local markets. Structures were banded into three categories, small, medium and large. Small structures (2-4 rooms) were allotted the sum of N180,000 for replacement, while medium sized structures (5-8 room) were allotted N250,000; and large structures (over 8 rooms) were apportioned N300,000. Compensation for dismantling labor and damage losses for small, medium and large structures were N40,000, N60000 and N80000 respectively. The lump sum rate for replacement of burnt household asset was N100,000; while entitlement for rent was prorated by the number of months interval between dates of displacement and resettlement at the rate of N3,000/room/month. The total budget for cash compensations is N77,743,000, broken down into N6,800,000 for burnt structures, N4,760,000 for dismantled structures, N18,100,000 for household assets, N2,883,000 for rent; N21,100,000 for movement and relocation; and N21,100,000 for business disruption for PAPs not adequately notified. A substantial part of this amount shall be deposited in an escrow account 3 for future claims of tenants, which will be substantiated after the first and major cash disbursement. Additional assistance includes provision of two bore holes and three public toilets, community cooperative schemes and empowerment projects focused on strengthening of community based institutions and capacity building for local NGOs; awareness building on environmental and social issues as well economic and social opportunities; youth orientation, women empowerment, general hygiene and child survival. Activities shall include town hall meetings, film shows, training programs and linkages with financial and donor agencies. Additionally, vulnerable people shall be monitored and assisted in a hands-on manner. Cash based compensation shall be implemented immediately, to commence within two weeks of acceptance of the RAP and completed within 4 weeks. An escrow account will be set up for payment of future claims of tenants. Provision of social infrastructure is expected to be delivered within six months, while monitoring of vulnerable people will be carried out for three months. Community development and empowerment shall be carried out on an ongoing basis, with an exit plan of a maximum of one year. Speedy, just and fair resolution of grievances shall be carried out through four mechanisms. The first forum for grievance redress is at local level, involving the Community Resettlement Committee, ward head (or Baale) and LG administrative head. The second stop shall be the PMU and other state agencies. Grievances that are not resolved at this level shall be passed to the Alternative dispute mechanism of the Citizen’s Mediation Centre (CMC); after which cases may be referred to higher courts In line with the Bank’s policy on disclosure, this RAP shall be displayed in the following in Ajeromi Ifelodun LCDA and relevant Ministries, including the Ministries of Environment and Physical planning as well as the State Urban Renewal Authority and Public Works Co-operation; 4 Table of Contents Pages 1. Background 1 1.1 Introduction 1 1.2 Project background 1 1.3 RAP requirement 1 1.4 RAP objectives 2 1.5 RAP approach 2 2. Project Impacts 3 2.1 Measures to avoid displacement 3 2.2 Pattern of displacement 3 2.3 Affected households 3 2.4 Losses 4 2.5 Summary of impacts 5 3. Overview of socioeconomic situation 6 3.1 Affected community 6 3.2 Ethnicity 6 3.3 Demographics 6 3.4 Livelihoods 6 3.5 Quality of life 7 3.6 Community assistance 7 4. Stakeholder consultation 8 4.1 Consultations 8 4.2 Participation 8 5. Legal framework 9 5.1 Legal framework 9 5.2 Local laws and customs governing resettlement 9 5.3 Differences between Nigeria law and OP 4.12 10 5.4 Eligibility 11 5.5 Eligibility status of DPs 12 6. Compensations 14 6.1 Entitlements 14 6.2 Local laws and customs 14 6.3 Type of compensation 15 6.4 Methods of valuation 16 5 7. Community development 18 7.1 Provision of social infrastructure 18 7.2 Cooperative schemes and empowerment projects 18 7.3 Community empowerment scheme 18 7.4 Monitoring of vulnerable people 19 8. Implementation arrangements 20 8.1 Compensation payment 20 8.2 Provision of social infrastructure 21 8.3 Community development 21 8.4 Monitoring of vulnerable people 21 8.5 Local institutions and donors 21 9. Implementation schedule 22 9.1 Schedule 22 10. Grievance procedures 23 11. Monitoring and evaluation 25 12. Cost and budget 28 13. Disclosure 30 List of Tables Table 1.1 Tasks and methods 2 Table 2.1 Summary of Impacts 5 Table 5.1 Comparison of Nigerian Legislation and World Bank Resettlement Policy 10 Table 6.1 Entitlement matrix 15 Table 6.2 Current rates 16 Table 11.1 M&E Framework 26 Table 12.1 Budget for cash compensations 28 Table 12.2 Budget for other assistance 29 List of Figures Figure 1 22 6 List of acronyms AIDS Acquired Immune Deficiency Syndrome CDA Community Development Association DPs Displaced persons LMDGP Lagos Metropolitan Development and Governance Project LG Local Government PAPs Project affected persons NGO Non Government Organization PMU Project Management Unit PU Project Unit RPF Resettlement Policy Framework Glossary of Terms Cut - off Date: Refers to a day on and beyond which any person who occupies land required for project use, will not be eligible for compensation. The date is often the day when the assessment of persons and their property in the project area commences. Market rate: Is defined as the highest rate over the last three to five years based on commercial terms. Project Affected Person: A person that loses assets and/or usage rights and/or income generation capacities (e.g., land, structure, crops, businesses) because these assets/rights/capacities are located in land to be acquired for needs of the project. Not all PAPs are displaced due to the Project, but all are potentially affected in the maintenance of their livelihood. Resettlement Action Plan (RAP): Also known as a or Resettlement Plan – is a resettlement instrument to be prepared when project activities are identified, that require land acquisition that leads to 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. The RAP is prepared by the party impacting people and 7 livelihoods in this manner and contains specific and legal binding requirements to be taken by that party to resettle and compensate the affected party before project activities causing this adverse impact are implemented. Policy Framework (RPF): This a resettlement instrument (this document) that is prepared by the borrower (in this case by the Lagos State Government of Nigeria) when project activities that require land acquisition that leads to 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, are not identified at the project preparation stage. The RPF is therefore prepared before the proposed project is appraised setting out the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project, when project activities are identified . The RAP is prepared consistent with the provisions of the RPF 8 1 Background 1.6 Introduction This document outlines the Resettlement Action Plan (RAP) for the Badia Canal bank road for the Lagos Metropolitan Development and Governance Project (LMDGP). It builds upon a Resettlement Policy Framework (RPF) previously carried out to lay out the criteria for compensation and time bound action steps for implementing and monitoring the mitigation measures for economic and physical displacement impacts arising from Project activities. 1.7 Project background The LMDGP has three components. These are:  Urban upgrade  Public governance and capacity building  Urban policy and project coordination Infrastructure upgrade involves:  Construction of new roads in existing ROWs with drains,  Building of new schools and rehabilitation of existing school  Building of new health centers, rehabilitation of some old health centers  Upgrading market  Dredging of blocked drainage systems.  Provision of water boreholes, street lights, public sanitation facilities with baths, electric transformers, fish smoking facilities and storage cold rooms; walk bridge and walkways 1.8 RAP requirement The construction of the canal and canal bank road in Badia required a land take of about 40 meters by 400 meters, resulting in the displacement of people living on the land. Although a Resettlement Policy Framework (RPF) was developed, the World Bank’s Operational Policy, OP 4.12 on Involuntary Resettlement requires that a Resettlement Action Plan (RAP) is developed to mitigate the adverse impacts of economic and/or physical displacement. 9 1.9 RAP objectives The specific objectives of this RAP are:  To develop a resettlement action plan in line with the provisions of Operational Policy (OP) 4.12 of the World Bank on Involuntary resettlement,  To ensure that compensations and mitigation packages are delivered promptly and according to the provisions of OP 4.12  To update the RPF where necessary and translate the criteria set in the RPF into concrete, time bound actions – based upon actual displacement impacts, current values and consultations with PAPs. 1.10 RAP approach The major tasks and methods applied are summarized in Table 1.1 Table 1 - 1 Tasks and methods Key tasks Methods Evaluation project impacts Scoping mission, interviews, Focus Group Discussions Census of affected persons Inauguration of Community /Resettlement Committee. Consultations. One on one engagements with Displaced Persons (DPs) Socioeconomics: FGDs, Key informer interviews, physical observation etc Develop resettlement criteria, including legal framework, Review of RPF; legal advisory services, eligibility, valuation of and compensation for losses; and entitlements Resettlement measures Consultations and participation of affected persons Valuation of losses Quantity survey Cost estimates and budget Cost analysis 10 2 Project Impacts 2.1 Measures to avoid displacement Measures to avoid or minimize displacement in LMDGP road and drains reconstruction works are:  Altering alignments and technical designs to avoid displacement as much as possible  Application of appropriate technology to reduce impact on structures through vibrations  Precise scheduling of construction to secure access to business customers  Pre-construction street meetings and adequate notification  Hands on social monitoring and supervision 2.2 Pattern of displacement Three waves of displacement happened in Badia east. The first wave took place in November 2010, when 42 house owners dismantled their wooden structures and moved at their own cost, in anticipation of the commencement of construction. The second wave of displacement took effect in January 2012, shortly before construction commenced and involved 50 structures. The third wave of displacement came about in February 2012 when 31 structures were burnt by a Lagos state environmental taskforce. Affected people link this incident to the project contractor. The picture of who instructed this incident is unclear. 2.3 Affected households The project impacted on the residential area of the community. Affected households include:  120 resident households  3 non- resident households  150 residential tenants in structures that were burnt 180 residential tenants in structures that were dismantled and removed in January 2012 Tenants in housing structures that were dismantled in 2010 enjoyed the benefit of adequate notification to move and had moved before the dismantling. However, tenants of the structures that were dismantled in January 2012 and burnt in 11 February 2012 did not enjoy the same benefit of ample notification and were adversely impacted. 2.4 Losses The potential and actual losses of assets for resident and non-resident households are outlined below. 2.4.1 Loss of land DPs are not titled land owners. Under OP 4.12, they are categorized as Category C i.e. those who have no recognizable legal right or claim to the land they are occupying. In the same nein, they fall under the category of ‘squatters living on the site’ in the RPF developed in 2005 In this case, the issue of loss of land does not arise. (See Sections 5.4 and 5.5 [Eligibility]). Furthermore, all the affected structures were movable temporary wooden structures raised on stilts on swamp. Therefore, there were no losses on investment in land improvement such as land filling for the purpose of constructing permanent structures. 2.4.2 Loss of structures A total of 123 movable temporary wooden structures used as living quarters were affected. Ninety two (92) of these structures were voluntarily dismantled and moved or sold at the house owners cost, while 31 were burnt. Owners of structures that were dismantled experienced losses in the labor cost of dismantling and damages. Aside from these losses, they were able to fully recover their assets. On the other hand, the owners of burnt structures experienced total loss. 2.4.3 Loss of shelter Seventy (70) house owners and 330 tenants were adversely impacted by loss of shelter. These include:  39 resident house owners that dismantled at short notice in January 2012 when the project actually commenced  31 owners of structures that were burnt.  180 tenants of structures that were dismantled in January 2012 and  150 tenants of structures that were burnt 12 The house owners and their tenants that had moved in 2010 were not impacted because they had been given adequate notice. Whereas a total of 42 house owners dismantled at short notice in January 2012, three (3) of these house owners were non resident. Therefore, their shelter was not affected. However, 16 tenants living in these three structures were affected, which are included in the 180 tenants that lost their shelter in January 2012 2.4.4 Loss of household assets Thirty one house owners and 150 of their tenants lost household assets when structures were burnt. These assets include clothes, beds, mattresses, television sets; refrigerators and kitchenware. 2.4.5 Income loss Income loss occurred from the disruption of normal business activities 2.5 Summary of impacts The number of households and assets impacted are summarized in Table 2.1 Table 2 - 1 Summary of Impacts Items impacted Number of Households A Households A1 Resident households of owners of living structures 120 A2 Non-resident households of owners of living structures 3 B Structures B1 Losses from dismantling and moving structures 92 B2 Total loss of structures from burning 31 C Household assets C1 Total loss of household assets by structure owners 31 C2 Total loss of household assets by tenants 150 D Shelter D1 Loss of structure owner’s shelter by dismantlement in November Nil 2010 D2 Loss of resident owner’s shelter by dismantlement in Jan 2012 39 D3 Loss of structure owner’s shelter by burning in February 2012 31 D4 Loss of tenant’s shelter by dismantlement in November 2010 Nil D5 Loss of tenant’s shelter by dismantlement in January 2012 180 D6 Loss of tenant’s shelter by burning in February 2012 150 E Income E1 Disruption of normal business activities by all house owners and 453 tenants 13 3 Overview of Socioeconomic Situation 3.1 Affected community The affected community is Badia east; a conglomeration of several units of settlers, with the most prominent being the Oluwole family. 3.2 Ethnicity DPs were mostly of the Ilaje ethnic group, a subset of Yoruba’s, based in Ondo, but largely spread along the Southern coast of Nigeria from Ondo state to Bayelsa state, being traditional migrant fishermen. However, there were some indigenes of Kwara and Edo states amongst the land occupiers. 3.3 Demographics Badia community consists of 400-500 households or 2000-3000 people. Typically the youth population dominates, though Badia has a balanced population with several elderly people, widows and children Thirty three percent of the affected structures were female owned, while 59% were male owned. Female owners were actually more amongst those whose houses were burnt, being 17 out of 31 (or 54%) Amongst the female house owners, 68% were above 50 years old, 21% were above 65 (elderly) and 26% were widows. The males had a similar pattern, with 42% of the DPs being above 50 and 26% being elderly 3.4 Livelihoods Residents are mostly contract laborers, bar men, drivers, petty traders and retired low income earners. Petty trading is the most dominant form of self-employment. The women traded in sachet water, ice blocks, cooked and raw food; soft drinks, beer, kerosene etc. More than half the DPs are gainfully employed construction workers, laborers, clerks and supervisors in companies, hotels and factories. Others were bar men, hotel managers, security guards and policemen. The self employed were wood sellers, hotel owner, carpenters, church pastors; sellers of scrap metal, cooking wood etc. 14 Several of the elders above 60 were retired, living on remittances. Ninety six percent of the affected household heads were in the income range of N20,000 to N30,000/month. Badia provides about the cheapest rent in Lagos i.e. N1000 - N2000/month paid on a monthly basis, and therefore could be said to be the habitation of the poorest in Lagos. 3.5 Quality of life Badia residents live in crowded wooden houses built on stilts, in marsh, with a density of 6-7 persons per room. Other than electricity, there are no social facilities such as potable drinking water. There are absolutely no modern toilets or sanitation facilities. Floods are perennially knee deep all year round and become worse during the rainy season. The constant overflow of the canal leaves the area with black swamp water and swarms of mosquitoes. Fecal waste is passed into the same swamp over which they live, constituting a severe health hazard. Diarrhea, hepatitis, typhoid and cholera are the most common diseases, and 66% of the diseases affecting children under the age of five are related to poor water quality and lack of access to sanitation. 3.6 Community assistance The canal being constructed in Badia is expected to alleviate the perennial flood situation. Additionally, Lagos state operates a primary school in Badia. Furthermore, the NGO Doctors without Borders provides assistance in form of Medevac (ambulance services), free child delivery, malaria, typhoid and sexually transmitted diseases in Badia. Other NGOs operating locally are:  Social and Economic Rights Action Center (SERAC), working to protect the community against dislodgment without adequate compensations  Ayaodu Arm of Love Care Initiative, providing care for the children (food, education, health, moral instruction); and  Badia Good Women, reforming CSWs and Microcredit 15 4 Stakeholder Consultation 4.1 Consultations Stakeholder consultations included:  Community meetings  Focus Group Discussions  Inauguration of Community Resettlement/Welfare Committee  Key informer interviews  One on one engagements with affected persons  Consultations with relevant agencies, organizations and government officers Additionally, four Non Governmental Organizations (NGOs) operating in the community were consulted. These are:  Social and Economic Rights Action Center (SERAC)  Ayaodu Arm of Love Care Initiative  Doctors Without Borders  Badia Good Women 4.2 Participation A community based Resettlement Committee was inaugurated. These included Community leaders and additional persons that were publicly nominated by Project Affected Persons (PAPs) to represent them. This 10 –member committee included:  Six community leaders representing the three segments of the community  Two women  The president of Community Youth and  A young graduate This committee assisted in identifying PAPs and vulnerable persons as well as identifying best approaches for resettlement. Furthermore, this committee played a central role in generating a first list of affected persons, which was later verified DPs were interviewed in classroom sessions in the community primary school. 16 5 Legal framework 5.1 Legal framework The RPF developed in 2005 detailed the criteria and eligibility for compensation of project affected persons (PAPs). This was based on the provisions of OP 4.12 and Nigerian law. Wherever there was conflict between OP 4.12 and local law and customs, OP 4.12 took precedence. The legislative provisions of OP 412 and Nigeria law are summarized below. 5.2 Local laws and customs governing resettlement 5.2.1 The Constitution of the Federal Republic of Nigeria The Constitution of the Federal Republic prohibits compulsory acquisition by the State of property without the prompt payment of compensation. It recognizes:  The right to private property; to acquire and own property and to protection by the State,  The right of access to a court of law or tribunal for the determination of interest in the property and the amount of compensation. 5.2.2 Land Use Act The Legal basis for land acquisition and resettlement in Nigeria is the Land Use Act 1978 (modified in 1990). Basic rights and directives governing land/ property- take under this act include:  All lands in the territory of a state are vested in the governor of that state, to be held in trust and administered for the use and common benefit of all Nigerians;  Governors possess lawful authority to revoke a right of occupancy for overriding public interest. 5.2.3 Customary law Under customary law, land can be owned by the community; clan or family; traditional institutions; or individual. Diverse customary practices exist from place to place, which permit lands to be sold, given away, inherited or reserved, 17 as the case may b e. By Nigerian law, where land is owned by the community, compensation may be paid to the chief on behalf of the community or into a specially designated fund for the benefit of the community 5.3 Differences between Nigeria law and OP 4.12 There are clear differences between OP 4.12 and Nigeria policy guidelines on (i) eligibility and valuation of compensations. Country legislature stops at compensation for lost assets, whereas the OP 4.12 goes further with measures to ensure that (i) Displaced people are not worse-off after displacement; (ii) Threatened livelihoods and coping strategies are strengthened; (iii) Incomes, ways of life and socio-cultural networks are restored; and (iv) Consultation and participation protocols allow displaced persons to enjoy greater benefit of voice and choice in the resettlement process etc. These and other differences are elaborated in Table 5.1 below Table 5 - 1 Comparison of Nigerian Legislation and World Bank Resettlement Policy Resettlement Nigeria’s policy OP 4.12 aspect Land owners Cash compensation based upon Recommends land-for-land compensation. market value. Other compensation is at replacement cost. Land tenants Entitled to compensation based Are entitled to some form of compensation upon the amount of rights they whatever the legal recognition of their hold upon land. occupancy. Owners of “Non Cash compensation based on Entitled to in-kind compensation or cash permanent” and market value. compensation at full replacement cost “permanent” including labor and relocation expenses, buildings prior to displacement. Encroachers and No compensations Entitled to compensation for buildings, squatters. Illegal structures, installations and improvements structures and other assistance measures Consultation Silent Insists upon consultation and informed participation of all affected persons throughout resettlement process. Loss of Silent Provide assistance to offset the loss of Access/Rights of such resources to a community Way Livelihoods Silent Compensation for loss of assets at full replacement cost and other assistance to improve or at least restore standards of 18 Resettlement Nigeria’s policy OP 4.12 aspect living and livelihoods. Communal Where land is owned by the Where land is collectively owned, the resources community, compensation may project is to offer land-base compensation be paid to the chief on behalf of where feasible the community or into a specially Endeavour to offset the loss of communal designated fund for the benefit of resources through support for initiatives the community that enhance the productivity of the remaining resources, in-kind or cash compensation for loss of access, or provide access to alternative sources of the lost resource. Resettlement Silent Affected persons provided with assistance assistance with movement, transition support and to re-establish access to lost resources Vulnerable groups Silent Provide relocation assistance suited to the needs of each group of displaced persons, with particular attention paid to the needs of the poor and the vulnerable. Grievance Land Use Act provides for Requires the elaborate design of multiple establishment of a Land Use and orders of grievance redress mechanism, Allocation Committee in each which provides varied access to suit PAPs state to arbitrate compensation understanding and comfort for dispute related disputes. resolution promptly in an impartial and Either party may seek judicial transparent manner redress in the courts. 5.4 Eligibility OP 4.12 recognizes three categories of DPs eligible for compensations and benefits in resettlement. These are: Category A Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); Category B Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets— provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan 19 Category C Those who have no recognizable legal right or claim to the land they are occupying. In line with OP 4.12, all project affected persons are eligible for some kind of assistance if they occupied the land before the entitlement cut-off date, irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land. 5.5 Eligibility status of DPs DPs in Badia fall under the Category C of DPs eligible for compensations and benefits in resettlement i.e those who have no recognizable legal right or claim to the land they are occupying or squatters living on site. 5.5.1 Extent of DP’s legitimate claims on land DPs did not lay any claim to land ownership but to be compensated for lost properties and assets. SERAC’s support to Badia community is essentially to:  To ensure that they are not displaced without good reason and to  To secure their rights to adequate compensation if displaced. The two leading claimants to the ownership of the land in Badia east are the Federal Government of Nigeria and the Ojora family. The Ojora family ultimately won a protracted court case that lasted for over three decades against the Federal Government of Nigeria over the ownership of the land. However, before the conclusion of the case, the Federal Government had claimed much of the Badia east land for the construction of a railway line and railway staff quarters. Additionally, squatters had moved into this area and started occupying it since 1972. During this period, some of these squatters, including three out of the DPs had made attempts to formalize their land occupancy and acquire the valid titles, but failed to advance the process to the point of due authentication in the sense that their due execution can be proved from the legal standpoint. D. O Inundu v Okumagba (1976) serves as the accepted reference for the five ways in which ownership of land may be proved in Nigeria. These are: 1) Traditional evidence 2) Documents of title which must be duly authenticated in the sense that their due execution must be proved 20 3) Acts of the person (or persons) claiming the land such as selling, leasing or renting out all or part of the land, or farming on it or on a portion of it, provided the acts extend over a sufficient length of time and are numerous and positive enough as to warrant the inference that the person is the true owner 4) Acts of long possession and enjoyment of the land 5) Proof of possession of connected or adjacent land, in circumstances rendering it probable that the owner of such connected or adjacent land would, in addition, be the owner of the land in dispute Furthermore, it states that “Acts of long possession in a claim of title (as distinct from a claim for trespass) are really a weapon more of defence than of offence. While possession may raise a presumption of ownership, it does not do more and cannot stand when another proves a good title’ From the facts stated above, it is clear that claims for ‘long possession of land’ that could have been considered for long term squatters in Badia was negated by the victory of the Ojora family in the law suit against the federal government, which presents a typical ‘good title’ which long possession cannot stand against. Be that as it may, the RPF in line with OP 4.12 has made provisions for adequate compensations for those who have no recognizable legal right or claim to the land they are occupying. Therefore the objective of this RAP is to set out an action plan for prompt and adequate compensation of DPs within the framework of the RPF and OP 4.12. 21 6 Compensations 6.1 Entitlements The allotment of entitlements in the eligibility matrix of the RPF developed in 2005 need to be updated and realigned to the current situation in Badia. This RPF was premised on the assumption that there will be no taking of land and that there would be limited linear impact along existing roads, since civil works were meant to be based on existing roads. This update is specifically based upon:  The need to include resettlement assistance for (i) loss of shelter; (ii) movement assistance; and (iii) lost rental income  The need to include compensations for lost assets for both house owners and tenants of structures that were burnt  Re-allotment of rent assistance based on varying intervals of displacement before mitigation.  Inclusion of compensations for labor costs for dismantling structures for DPs that dismantled and sold their building materials as well as transportation and relocation costs. The update of the RPF entitlements was guided by the provisions of OP 4.12, which are outlined below 6.1.1 OP 4.12 provisions For DPs with no recognizable legal right or claim to the land they occupy, OP 4.12 recommends (i) resettlement assistance in lieu of compensation for the land they occupy, (ii) loss of assets other than land and (ii) other assistance, as necessary, to achieve the OP 4.12 policy objectives. Such assistance could include: • Support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living • Development assistance in addition to compensation measures  Assistance in identifying alternative locations, and preparation, credit facilities, training or job opportunities. 22 However, it must be established that such DPs occupied the project area prior to a cut-off date 6.1.2 Entitlement matrix The updated and upgraded Entitlement matrix is presented in Table 5.2 below. Table 6-1 Entitlement matrix Category of Type of entitlement Compensation and other assistance PAP Compensation for loss of land Nil and land development cost Compensation for loss of Compensation at full replacement value not structures/shelter depreciated for persons whose houses were burnt Compensation for labor cost and damages from Property owner dismantling structures For resident owners, payment of lump sum rate for rent for number of months interval between dates of displacement and resettlement if not adequately notified before displacement Compensation for lost assets Compensation at full replacement value not depreciated for household assets burnt Compensation for loss of Payments for disruption and disturbance of normal income business Moving allowance, temporary Payment for movement and relocation shelter and other assistance Compensation for loss of land Nil and land development cost Compensation for loss of Lump sum payment for rent for number of months shelter interval between dates of displacement and resettlement if not adequately notified before Residential displacement tenants Compensation for lost assets Compensation at full replacement value not depreciated Compensation for loss of Nil income Moving allowance, temporary Payment for movement and relocation shelter and other assistance 6.2 Type of compensation Cash based assistance was the most preferred. Its advantages include: 23 • Flexibility, simplicity and do-ability • Suitable for LMDGP management and exit. 6.3 Methods of valuation 6.3.1 Description of structures Structures were wooden structure suspended on stilts, with rooms partitioned with plywood. For the purpose of this RAP, structures were classified into three categories Small 2-4 rooms, Medium 5-8 rooms and Large 8 rooms and above. 6.3.2 Replacement values Replacement values were based on:  Average replacement costs of different types of household buildings and structures based on collection of information on the numbers and types of materials used to construct different types of structures  Prices of these items collected in different local markets  Rent rates per room collected in similar and improved neighbourhoods  Costs for transportation and delivery of per trip/day  Estimates of construction of new buildings including labor required. Local inflation may occur, thus market prices will be monitored within the time period that compensation is being made to allow for adjustments in compensation values. The current rates applied in this RAP are presented in Table 5.4 below Table 6-2 Current rates Items to replace Rate/unit A Wooden structures A1 Wooden slabs/planks A1.1 Stilts 2x6x12 1,500 unit A1.2 Roofing wood 2x2; 2x3; 2x6 N600 – N1,000 unit A1.3 Plywood 4ft x 8ft N3,600 A1.4 Flush doors N6,000 A2 Zinc roofing sheets N12,5000/bundle 24 Items to replace Rate/unit A3 Nails N120/kg A4 Labor A 4.1 Labor per day N2,500/day A4.2 Labor for dismantling small structure N40,000 A4.3 Labor for dismantling medium structure N60,000 A4.4 Labor for dismantling large structure N80,000 B Rent B1 Rent rates in Badia/Ijora area N2,500/ room B2 Transaction costs N500/room C Household assets C1 Deep freezer N50,000 C2 Mattresses N18000/unit C3 Clothes N50,000 C4 Kitchenware N50,000 D Transportation D1 5 Ton delivery truck N15,000/day 25 7 Community Development 7.1 Provision of social infrastructure The project shall provide the community with two bore holes and three public toilets. 7.2 Cooperative schemes and empowerment projects The Project shall facilitate self help cooperative schemes in collaboration with the relevant government agencies and liaising with microfinance institutions. This will enable community members to gain access to microfinance for enterprise development and income generation. 7.3 Community empowerment scheme The project shall implement a Community empowerment scheme focusing on the following:  Strengthening of community based institutions and capacity building for local NGOs  Awareness building on environmental and social issues as well economic and social opportunities • Youth orientation and empowerment, including Alternatives to violence, moral instruction  Women empowerment • Strengthening defenses against STDs, HIV/AIDS, family planning, teen motherhood and early pregnancies  Child survival  Discouraging child abuse  General hygiene Activities shall include: • Organizing town hall meetings • Showing of films and documentaries • Training programs for institutions and NGOs • Linking community to existing opportunities for social, economic and environmental improvement in the state 26 • Supporting community to access support from donor agencies and cooperate entities 7.4 Monitoring of vulnerable people A Hands-on Monitoring to Action shall be implemented to identify and dispense high value care to persons with special disadvantages and needs. Monitoring shall focus on the following potential vulnerabilities.  Special health needs and support for the elderly, sick, newborn child and mother  The need to monitor the dispensation of care to displaced children and absenteeism from school  Monitoring of teens on their own as a result of family disarticulation Monitoring shall be implemented in collaboration with the Community Resettlement Committee and local NGOs. This intervention will focus on strengthening existing family and mutual help networks for vulnerable persons as well as facilitating linkages into existing programs of in the state and local government, rather than taking them on directly. 27 8 Implementation Arrangements 8.1 Compensation payment Compensations will be made in cash. Implementation steps are (i) Notification (ii) Documentation (iii) Agreement and (iv) Disbursement 8.1.1 Notification Mindful of the fact that many people are illiterate, community members shall be notified about the established cut-off date and its significance both formally in writing and verbally. This message shall be delivered by the LMDGP environmental team with the support of the RAP consultant in the presence of the Baale (or chief) and his council. The Local community leaders and the Community Resettlement Committee will be charged with the responsibility of further spreading the message to community members. 8.1.2 Documentation A compensation dossier shall be completed for each household affected, which will contain necessary personal information, inventory of assets affected, types of compensation and information for monitoring their future situation. 8.1.3 Agreement Agreements shall be prepared by the RAP consultant and signed and witnessed before the PMU. The compensation contract and the grievance redress mechanisms shall be read aloud in the presence of the affected party, representatives of the PMU and community leaders prior to signing. 8.1.4 Disbursement Disbursement shall be carried out in line with the projects’ administrative and financial management rules and manuals. Bank accounts shall be opened for eligible PAPs and cash paid into their accounts. The RAP consultant and Community Resettlement Committee shall ascertain the identity of the PAP before being approved for payment by the Project Director. An escrow account shall be set up by the project for a period of six months for payment of future claims of tenants. 28 8.2 Provision of social infrastructure Provision of the two bore holes and three public toilets shall be driven by the Project Engineer and delivered through the contractor. 8.3 Community development Community development shall be implemented as part of the overall CDP for the project, which will be implemented by the Community Development Officer, social specialist and safeguard officer. 8.4 Monitoring of vulnerable people Monitoring of vulnerable people shall be carried out by the social safeguard officer with the support of the social specialist and Community Development Officer. 8.5 Local institutions and donors The project team shall work closely with the Community Resettlement Committee and local NGOs, namely Ayaodu Arm of Love Care Initiative and Badia Good Women, especially in the areas of monitoring and community empowerment programs. The Community Development Officer shall design programs and engage potential donor agencies and corporate organizations for support as well as relevant agencies in Lagos state. The design of these projects shall include capacity building for local institutions. 29 9 Implementation Schedule 9.1 Schedule Cash based compensation shall be implemented immediately, to commence within two weeks of acceptance of the RAP and completed within 4 weeks. However, this process may extend to up to six months, given the escrow account to be set up for payment of future claims of tenants. Provision of social infrastructure is expected to be delivered within six months, while monitoring of vulnerable people will be carried out for three months. Community development and empowerment shall be carried out on an ongoing basis, based upon the exit strategies implanted into the design of each program. Taking cognizance of the time span of the LMDGP, the design of these programs could be set at a maximum of one year. The implementation schedule is summarized in Figure 1 below. Fig 1 Implementation schedule Qtr 1 Qtr 2 Qtr 3 Qtr 4 PROJECT ACTIVITY Month Month Month Month Month Month 1 2 3 4-6 7-9 10-12 1 Major cash disbursement 2 Cash disbursement to tenants making future claims 3 Provision of social infrastructure 4 Community development schemes 30 10 Grievance Procedures 10.1 Grievance redress mechanisms DPs shall be informed of the process for expressing dissatisfaction and seeking redress prior to the signing of the individual resettlement contracts. The grievance redress procedure shall guarantee the delivery of speedy, just and fair resolution of their grievances, preferably at local and state levels. The mechanisms shall be simple, easily accessible, flexible and open to various proofs taking into cognizance the fact most people are illiterate. These mechanisms are: 1st order mechanism: Local level. Community Resettlement Committee. Ward head (or Baale) and LG administrative head 2nd order mechanism: PMU and other state agencies 3rd order mechanism: Alternative dispute mechanism of Citizen’s Mediation Centre (CMC) 4th order mechanism: Higher courts 10.1.1 1st order mechanism Those seeking redress shall notify the Community Resettlement Committee, ward head (or Baale) and the administrative head of their respective local government. These officials will consult with the PU, community elders and other records to determine claims validity. If valid, the community chief (or ward head/Baale) and the PMU through the PU will notify the complainant and s/he will be settled. 31 10.1.2 2nd order mechanism The open door policy of the PMU to complaints from communities has so far been the singular strongest mechanism for assuring timely interventions in the delivery of prompt, just and fair resolution of grievances. This open door shall be firther strengthened by monitoring and visits of the social safeguard office, community development officer and social safeguard specialist 10.1.3 3rd order mechanism Beyond the PMU, an unresolved matter will be referred to the Directorate for Citizen’s Rights (CRD) created by Lagos state ministry of justice, which helps to provide greater access to justice for the financially and otherwise disadvantaged and vulnerable groups in society.. The Citizen’s Mediation Centre (CMC) protocols are less stringent, the process more fluid allowing for self-representation, use of native dialects, and most importantly, the outcome is usually a win-win one, based on mutuality and consensus. 10.1.4 4th order mechanism If the complainants’ claim is rejected, then the matter will be brought before the local courts for settlement. The decision of the state high courts would be final and all such decisions must be reached within a short period of time after the complaint is lodged. 32 11 Monitoring and Evaluation 11.1 M&E objectives Monitoring verifies that compensation, resettlement and development investments are on track to achieve sustainable restoration and improvement in the welfare of the affected people. Evaluation ascertains the fact and determines where and when course adjustments are needed. Specific M&E objectives are to check whether:  Entitled persons receive their compensation and other assistance on time  Compensation and improvement investments are achieving sustainable restoration and improvement in the welfare of Project affected persons.  Complaints and grievances are followed up with appropriate corrective action  Vulnerable persons are tracked and assisted as necessary. 11.2 M&E components Key focus areas for M&E are:  Input monitoring  Output monitoring and  Impact evaluation 11.2.1 Input monitoring Input monitoring seeks to oversee and guide effort appropriation to ensure adequate and compliant deployment of resources, staff, training, capacity building and other resource assets. Input or internal monitoring is the sole responsibility of the Project Management Team, and is structured in tune with the governance component of the LMDGP, along the lines of the World Bank standards and oversight. 11.2.2 Output monitoring Output monitoring is to ensure that resettlement measures are implemented as recommended in line, to time and to scale. This involves both internal and external monitoring activities. 33 11.2.3 Impact monitoring and evaluation Impact monitoring and evaluation are spot and final checks, to confirm that resettlement investments achieve their intermediate and final objectives. 11.3 M&E framework The M&E framework and performance indicators are provided in Table 12.1 below. Table 11-1 M&E Framework A. OUTPUT MONITORING FRAMEWORK AND INDICATORS A1. Consultations/Notification/Agreement Domain /Sub-domain Indicator Method Period Manpower A1.1 Committees Minutes and Community meetings, Monthly Internal records of meetings Consultation forums A1.2 PAPs Signed agreement One on one engagement Weekly Internal forms A1.3 Community Minutes and Community leadership, Monthly Internal records of meetings occupational groups women, youth, elderly persons, A2. Cash disbursement Domain /Sub-domain Indicator Method Period Manpower A 2.1 Disbursement Number, % DPs Verification of payment Monthly Internal of cash paid promptly. records. Signing of receipt assistance to Payment delays, documents, video recording DPs pending and closed of public/transparent out disbursement events. Complaints records Monthly Internal A3. Community social/health infrastructure or Productive asset bonanza Domain /Sub-domain Indicator Method Period Manpower A3.1 Public toilets Number, % Contractor status reports, Monthly Internal completed completed and inspections, counts, NGO functioning, % level reports, Management of completion value, reports, In depth interviews adequacy, usage, (IDIs) maintenance plan Engineering consultant Monthly External and organization report Social safeguard auditor Third party confirmation Monthly External 34 A. OUTPUT MONITORING FRAMEWORK AND INDICATORS A4. Surveillance monitoring to action program Domain /Sub-domain Indicator Method Period Manpower A4.1 Hands-on Dossiers on RRAP implementation report End of 3 RRAP monitoring to vulnerable persons months consultant action (Refugee Tenants, In depth interviews (IDIs), Monthly Internal Elderly Persons, LG database, FGDs, IDIs children engaged B. IMPACT MONITORING FRAMEWORK AND INDICATORS B1. Restoration of lost income of PAP Domain /Sub-domain Indicator Method Period Manpower B1.1 Shelter security Evidence of new and Feedback from PAP. After 6 RAP satisfactory shelter RAP consultant report months consultant B2. Security of shelter of PAP B1.2 Restored Stabilization of income. RAP consultant report After 6 RAP income including feedback from months consultant PAPs. In depth interviews (IDIs), FGDs, 35 12 Cost and budget 12.1 Cash compensation The budget for cash compensations is detailed in Table 12.1. The total budget is N77,743,000, broken down into N6,800,000 for burnt structures, N4,760,000 for dismantled structures, N18,100,000 for household assets, N2,883,000 for rent; N21,100,000 for movement and relocation; and N21,100,000 for business disruption. A substantial part of this amount shall be deposited in an escrow account for future claims of tenants, which will be substantiated after the first and major cash disbursement. Table 12-1 Budget for cash compensations Compensation items Details Total Value/Rate Cost number A Structures Full replacement cost for burnt Small structure 15 180000 2700000 structures Medium structure 14 250000 3500000 Large structure 2 3000000 60000 Subtotal 6,800,000 Compensation for dismantling Small structure 44 40000 1760000 labour and losses Medium structure 42 60000 2520000 Large structure 6 80000 480000 Subtotal 4,760,000 B Assets Full replacement cost for burnt Clothing, fridge, 31 100,000 3100000 household assets for house television set, owners kitchenware , mattresses Full replacement cost for burnt As above 150 100,000 15000000 household assets for tenants Subtotal 18,100,000 C Rent Lump sum rate for rent for 6 months rent for 39 N3000/room 1404000 36 Compensation items Details Total Value/Rate Cost number number of months interval resident owners x 2 rooms x between dates of displacement displaced from Jan- 6 months and resettlement for PAPs not Aug 2012 adequately notified 5 months rent for 31 N3000/room 930000 resident owners x 2 rooms x displaced from Feb- 5 months Aug 2012 6 months rent for 180 N3000/room 324000 tenants displaced x 1 room x 6 from Jan- Aug 2012 months 5 months rent for 150 N3000/room 225000 tenants displaced x room x 5 from Feb- Aug 2012 months Subtotal 2,883,000 D Movement and relocation Movement and relocation House owners 92 50000 4,600,000 assistance without due moved notification Tenants 330 50000 16,500,000 Subtotal 21,100,000 E Disturbance of business Payments for disruption and House owners 92 50,000 4,600,000 disturbance of normal business Tenants 330 50,000 16,500,000 for dislocation without notification Subtotal 21,100,000 Overall total 74,743,000 12.2 Budget for other assistance The budget for other assistance is presented in Table 11.2. Table 12-2 Budget for other assistance Item Cost 1 Public toilets 12, 000,000 2 Community empowerment schemes 5,000,000 3 Monitoring of vulnerable people 3,000,000 37 13 Disclosure The Project is responsible for dissemination of the documents in the project area in a form and language understandable to the local populations. Adverts shall be placed in national daily newspapers of documents displayed in the following locations:  LMDGP  Lagos state Ministry of Environment  Lagos Ministry of Physical planning;  Lagos State Urban Renewal Authority;  Lagos state Public Works Co-operation;  Ajeromi Ifelodun LCDA; Ifelodun LCDA 38