Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka RP1225 V11 RESETTLEMENT ACTION PLAN (RAP) Final Report For NEROSE PLAZA-THOMAS AQUINAS GULLY EROSION INTERVENTION SITE, AWKA, ANAMBRA STATE UNDER THE NIGERIA EROSION & WATERSHED MANAGEMENT PROJECT (NEWMAP) WORLD BANK ASSISTED By ANAMBRA STATE -NIGERIA EROSION & WATERSHED MANAGEMENT PROJECT (ANS-NEWMAP) AWKA, ANAMBRA STATE July, 2014 Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Table of Contents Content Page Title Page i Table of Contents ii List of Tables v List of Figures v List of Plates v List of Maps vi List of Appendices vi List of Acronyms vii Units of Measure vii Definitions of key Terms viii Executive Summary x Chapter One: General Background 1 1.1 Background 1 1.2 The Need for a Resettlement Action Plan for the Proposed Project 1 1.3 This RAP and other Safeguard Instruments Triggered by the Project 2 1.4 Objective of the RAP 2 1.5 Scope and Task of the RAP 2 1.6 Guiding Principles for the RAP 3 1.7 Approach/Methodology of RAP Preparation 3 1.8 This RAP Report Format 3 Chapter Two: NEWMAP Project Components and Description of Intervention Site 4 2.0 Introduction 4 2.1 Description of Main NEWMAP Components 4 2.2 Project Location 4 2.3 The Proposed Targeted Site 5 2.4 The Proposed Activities at the Intervention Site 5 Chapter Three: Census and Socio-Economic Survey 7 3.1 Introduction 7 3.2 Census Cut-Off Date 7 3.3 Data Analyses and Interpretation 7 3.3.1 Analysis of Persons (Respondents) Interviewed 7 3.3.2 Age of Respondents 8 3.3.3 Sex of Respondents 8 3.3.4 Occupation of respondents 8 3.3.5 Marital status of respondents 9 3.3.6 Religion of respondents 9 3.3.7 Number of children of respondents 9 3.3.8 Average income of respondents 10 3.3.9 Base value for respondent property 10 3.3.10 Respondents assets’ distance to Gully edge 10 3.3.11 Respondents legal or title right to property 10 3.3.12 Type of persons affected 11 3.3.13 Type of structure affected 11 3.3.14 Identity of affected property 12 3.3.15 Owner of affected structure 12 3.3.16 Response on willingness to volunteer space 12 3.3.17 Preferred Resettlement location 13 3.3.18 Choice of assistance 13 3.3.19 Summary of the Socio-Economic Condition of the Project Area 13 ii Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Chapter Four: Impact of the Project 15 4.1 Introduction 15 4.2 Minimization of Resettlement 15 4.3 Land Acquisition along the Corridor 15 4.4 Benefit of the Project 15 4.5 Negative Impact of the Project 15 4.5.1 Impact on Land and Structures 15 4.5.2 Cultural Property (Archaeological and Cultural Sites) 16 4.5.3 Impact on Vulnerable Group 16 4.5.4 Potential Relocation Areas 16 Chapter Five Existing Legal Framework 17 5.1 Introduction 17 5.2 Nigeria Land Use Act and Bank OP4.12 – A Comparison 17 5.3 Eligibility Criteria 18 5.4 Eligibility Criteria 19 Chapter Six Valuation & Description of Compensations 21 6.0 Introduction 21 6.1 Valuation Methodology 21 6.1.1 Replacement Cost Method 21 6.1.2 Land Resettlement 21 6.1.3 Valuation of Structures and Cost of Materials and transportation 21 6.2 Compensation and Other Resettlement Assistance 21 6.3 Modes of Restitution 21 6.4 Compensation Payment and Procedures for Delivery of Compensation 22 6.5 Assistance to vulnerable groups 22 6.5.1 Restoration Strategies 23 6.6 Environmental Protection and Management 23 Chapter Seven Public Participation and Consultations 24 7.1 Introduction 24 7.2 Objective of the Consultation 24 7.3 The Stakeholders 24 7.3.1 Level of Stakeholder Engagement 24 7.3.2 Consultation Strategies 24 7.4 Discussion with Stakeholders and Summary of Outcome Conclusion 25 7.5 Public Disclosure of RAP 26 Chapter Eight: RAP Implementation - Institutional Arrangement 27 8.0 Introduction 27 8.1 Organisational Arrangement 27 8.2 Resettlement Activities and Responsible Party 31 8.3 Strengthening Organizational Capability 32 8.4 Budget and Cost 32 8.4.1 Budget and Cost Estimate 32 8.4.2 Source of Fund 32 8.5 Implementation Schedule 34 8.5.1 Coordination with Civil Works 34 Chapter Nine Grievance Redress Mechanisms 36 9.0 Introduction 36 9.1 Grievance Redress Process 36 9.2 Grievance Redress Committee 36 iii Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 9.2.1 Expectation When Grievances Arise 37 9.3 Management of Reported Grievances 37 9.4 Grievance Log and Response Time 38 9.5 Monitoring Complaints 39 Chapter Ten Monitoring and Evaluation 40 10.1 Introduction 40 10.2 Purpose of Monitoring 40 10.3 Monitoring Framework (Internal and External) 40 10.3.1 Internal Monitoring 40 10.3.2 External Monitoring/Evaluation 41 10.4 Indicators to Monitor 42 10.5 Reporting 43 10.6 Completion Audit 43 Bibliography 44 Appendices 45 iv Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka List of Tables Table Page 5.1 Land Use Act and World Bank OP 4.12 - A Comparison 17 5.2 Entitlement Matrix for Various Categories of PAPs 18 5.3 Eligibility Criteria for Compensation 20 7.1 A Summary of the Outcome of the Consultation Meetings 26 8.1 Resettlement activities and responsible party 31 8.2 Awareness and Capacity Building Needs of Relevant Stakeholders 33 8.3 Budget Estimate for the RAP Implementation 34 8.4 Major Component Tasks and Schedule for the RAP Implementation 34 9.1 A Typical Reporting Format for Grievance Redress 39 10.1 Monitoring Indicators 43 List of Figures Figure Page 2.1 Proposed Engineering Design 6 3.1 Age of respondents 8 3.2 Sex of Respondents 8 3.3 Occupation of respondents 8 3.4 Marital status of respondents 9 3.5 Religion of respondents 9 3.6 Number of children of respondents 9 3.7 Average income of respondents 10 3.8 Base value for respondent property 10 3.9 Asset distance to Gully edge 10 3.10 Respondents legal or title right to property 11 3.11 Type of persons affected 11 3.12 Type of structure affected 11 3.13 Identity of affected property 12 3.14 Owner of affected structure 12 3.15 Response on willingness to volunteer space 12 3.16 Preferred Resettlement location 13 3.17 Choice of assistance 13 9.1 Flow chart for grievance redresses steps 38 List of Plates Plate Page 2.1 Situation of the proposed Intervention Gully Site 6 4.1 Some of the Affected Assets 16 7.1 Some of the Stakeholders at the Meeting 25 List of Maps Map Page 2.1 Proposed Project Site Location in the World 4 2.2 Gully Erosion Location 5 3.1 Features Coterminous to the proposed Project Sites 14 v Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka List of Appendices Appendix Page 1.1: Safeguard Instruments Prepared for the Proposed Works 45 1.2: Approach/Methodology of RAP Preparation 46 3.1: Some Socio-Economic Characteristics of Community Members 48 4.1: Register of PAPs and Assets 50 4.2: Inventory of Affected Land and Structures and the PAPs in Neros/Aquinas Based on 15m Setbacks from Gully Edge 51 6.1: Entitlement 52 6.2: PAPs identifications 54 7.1: Some of the Stakeholders Consulted and Summary of the Meetings 55 vi Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka List of Acronyms BP Bank Policy CBO Community Based Organization CLO Community Liaison Officer CSO Community Support Organizations DaLA Damage and Loss Assessment EA Environmental Assessment EIA Environmental Impact Assessment EMP Environmental Management Plan EPA Environmental Protection Agency ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FGD Focus Group Discussion FGN Federal Government of Nigeria FMENV Federal Ministry of Environment FSLC First School Leaving Certificate GCE General Certificate in Education GDP Gross Domestic Product GIS Geographic Information System IDA International Development Association LB Land Bureau LGA Local Government Area LRC Local Resettlement Committee M&E Monitoring and Evaluation MDAs Ministries, Departments & Agencies MDG Millennium Development Goals MIGA Multilateral Guarantee Agency MOE State Ministry of Environment NGOs Non Governmental Organizations OD Operational Directives (of the World Bank) OM Operational Manual OP Operational Policies (of the World Bank) PAPs Project Affected Persons PID Project Information Document PMU Project Management Unit PPUD Physical Planning and Urban Development RAP Resettlement Action Plan RIT RAP Implementation Team RP Resettlement Plans RPF Resettlement Policy Framework SPMU State Project Implementation Unit TOR Terms of Reference WASC West African School Certificate WB The World Bank WHO World Health Organisation UNITS OF MEASURE 1 ha Hectare 2 m Meter 2 3 m Square meter 5 km Kilometer 2 6 km Square kilometer 7 t Ton 8 yr Year vii Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Definitions of Key Terms S/No Word/Term Definition 1 Compensation Payment in cash or kind for an asset to be acquired or affected by a project at replacement cost. 2 Cut-off-date The date after which PAPs will NOT be considered eligible for compensation, i.e. they are not included in the list of PAPs as defined by the socio-economic survey. 3 Displaced Affected persons by a project through land acquisition, relocation, or loss of incomes Persons and includes any person, household, firms, or public or private institutions who as a result of a project would have their; Standard of living adversely affected; Right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and grazing land) or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; or Business, occupation, place of work, residence, habitat or access to forest or community resources adversely affected, with or without displacement. 4 Economically- Those affected persons who are affected in way that they loose incomes from crops, Displaced land, businesses etc. Persons 5 Encroachers Those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. 6 Entitlement The range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to PAPs, depending on the type and degree nature of their losses, to restore their social and economic base. 7 Full Cost of Compensation based on the present value of replacement of the lost asset, resource Resettlement or income without taking into account depreciation. 8 Household Is the unit which includes all members living under the authority of a household head, they are both family members and other dependents. Under the Land Act, a household would be members of the family whose consent would be required in case of alienation or undertaking any transaction on the family residential land. These members should ordinarily reside on the land. These members typically include the household head, one or several spouses, children and other members of the larger family, tenants, and employee. 9 Income The measures required to ensure that PAPs have the resources to at least restore, if Restoration not improve, their livelihoods. 10 Indigenous The people indigenous to an area and include ethnic minorities as defined by World peoples Bank Operational Policy on Indigenous Peoples (OP 4.10). 11 Involuntary When the affected party does not have the option to remain in place even though Resettlement he/she may prefer to move away. In some cases, people do move voluntarily but their willingness to move spontaneously must be carefully verified. Refers both to physical displacement (relocation or loss of shelter) and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihood) as a result of project-related land acquisition. Resettlement is considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that result in displacement. This occurs in cases of: lawful expropriation or restrictions on land use based on eminent domain: and Negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail. 12 Land acquisition The process whereby a person or household is involuntarily alienated from all or part of the land s/he owns or possesses, to the ownership and possession of a project for public purposes, in return for fair compensation. 13 Land-Owner An individual/household/institution recognized as owning land either by customary viii Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka tenure, freehold tenure, or leasehold including customary occupants of former public land. 14 Market Value Appropriate compensation figures so that the affected population is able to restore their standards of living to levels “at least as good as or better than they were prior to the project. 15 Physically Those affected persons who have to physically relocate because they reside within Displaced the land to be acquired for the ROW or encumbered as a result of the Power Project. Persons 16 Project-Affected Is the area where the Project may cause direct or indirect impacts to the environment Area and the residents. 17 Project-Affected Persons who lose assets as a result of the Project, whatever the extent of the loss; Person lost assets include land rights, structures, crops, business, access or a combination of those losses; not all Project Affected Persons (PAPs) have to physically relocate as a result of the Project 19 Project Affected The family or collection of PAPs that will Experience effects from and acquisition Household regardless of whether they are physically displaced or relocated or not. 20 Relocation The physical moving of PAPs from their pre-project place or residence, place for work or business premises. 21 Replacement Replacement cost of an affected asset is equivalent to the amount required to replace Cost the asset in its existing condition. The replacement cost of land is its market value. The replacement cost of structures is equal to the cost of constructing/purchasing a similar new structure, without making any deductions for depreciation, and inclusive of the labor cost. WB policies require that all affected assets (land and structures) are compensated at their replacement cost. 22 Resettlement The time-bound action plan with budget setting out resettlement strategy, objectives, Action Plan entitlements, actions, responsibilities, monitoring and evaluation. 23 Resettlement The direct physical and socio-economic impacts of resettlement activities in the Impacts project and host areas. Refers not just to the physical displacement of people, but also covers taking land that results in the relocation or loss of shelter, loss of assets or access to assets, and/or Loss of sources of income or means of livelihood (OP 4.12, paragraph 3)... 24 Resettlement A resettlement policy framework is required for projects with subprojects or multiple Policy components that cannot be identified before project approval. This instrument may Framework also be appropriate where there are valid reasons for delaying the implementation of the resettlement, provided that the implementing party provides an appropriate and concrete commitment for its future Implementation. The policy framework should be consistent with the principles and objectives of OP 4.12 of the World Bank. 25 Socio-economic The census of PAHs/ PAPs of potentially affected people, which is prepared through survey a detailed survey based on actual data collected. 26 Sharecropper An individual/household occupying land under a private agreement with the owner for purpose of agricultural use. 27 Tenant An individual/household/institution occupying land or space in a home under a private agreement with the owner whereby the right of occupancy is paid for in cash to the owner. 28 Vulnerable Any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement i.e.; female-headed households with dependents; disabled household heads; poor households; landless elderly households with no means of support; households without security of tenure; and Ethnic minorities. ix Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka EXECUTIVE SUMMARY ES 1 Introduction 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 development objective of NEWMAP is: to rehabilitate degraded lands and reduce longer-term erosion vulnerability in targeted areas emboldened in four components namely:  Component 1 - Erosion and Catchment Management Investments  Component 2 - Erosion and Catchment Management Institutions and Information Services  Component 3- Climate Change Agenda Support  Component 4- Project Management The proposed work activities in Intervention activity at NEROSE Plaza/St. Thomas Aquinas Sub-project (s), Awka, Anambra State have been identified to trigger involuntary resettlements because of the nature, location and scope. Against this background, Anambra State under the Nigeria Erosion and Watershed Management Project (NEWMAP), represented by the State Project Management Unit (SPMU) prepared this Resettlement Action Plan (RAP) for the intervention work to mitigate the social impacts that could arise in the course of the project implementation. The intervention involves stabilization or rehabilitation in and around the gully itself. This civil work 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. To address the social and environmental safeguards concerns, at the national level, two instruments were prepared, namely: an Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) which complements each other. The RPF addresses potential adverse social impacts that might stem from resettlement of people affected by the project, whereas the ESMF addresses other possible harmful social and environmental effects of the project. This RAP and the ESMP prepared paripassu and directed at translating the ESMF and RPF into specific costed, measurable, and monitorable actions for specific intervention sites. . ES 2 Justification for the RAP The RAP identified the potential Project Affected Persons (PAPs) and engaged them in participatory discussions regarding the plan in order to adequately compensate them for their losses. The scoping of the intervention site revealed that less than 200 persons shall be displaced. Although the identified displaced persons are less than 200 which implies the document should be ARAP, based on the understanding of the key stakeholders who will give concurrence and in the light of the level of due diligence that has been taken in the preparation of the NEWMAP safeguard document, RAP has been adopted. ES 3 Objectives of RAP Specifically, the RAP is designed to:  Identify and assess the human impact of the proposed works at the erosion gully site and  Prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws. ES 4 Site Description x Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka The Nerose Plaza/St Thomas Aquinas Intervention site is located on the East side of Awka between Government House Road and Nwakpadolu/Oganiru housing estate besides Nnamdi Azikiwe University (Unizik). The area is a lively/highbrow, community with the seat of government and an ivory tower. There are also commercial and private buildings, Roads and other public infrastructure under threat. The proposed civil works include stone revetment to reclaim and protect road way and reinforcement of exposed soil surface to stop scouring action of flow velocity with chute channel, stilling basin, apron and installation of rip-rap and gabions mattress at some areas of the gully as the case may be. ES 5 Legal Framework for Land Acquisition The legal framework for land acquisition in Nigeria is the Land Use Act of 1978, reviewed under Cap 202, 1990. The relevant World Bank Operational Policy (OP 4.12), which addresses land acquisition and involuntary resettlement was reviewed. The differences between the Land Use Act and the Bank’s OP 4.12 are mostly in rehabilitation measures, which are neither proscribed nor mandated in the Act. Thus it is noted in this RAP that in the course of the project implementation in the event of any divergence between the Laws in Nigeria and that of the Bank’s OP 4.12, the more beneficial to the project affected persons shall take precedence in the implementation of this RAP. ES 6 Census Cut-Off Date The established cut-off date to record the PAPs along the gully erosion corridor of work was March 22, 2014, which was made known to the vendors and/or communities during the stakeholders meeting. In the event of project delay for more than two years, then there will be need to update the socio-economic survey that was carried out for this RAP. ES 7 Impacts of Proposed Work Positively, the major benefits will occur in the form of improved erosion management and gully rehabilitation which will provide, inter alia, r educed loss of infrastructure including roads, houses, agricultural land and productivity, reduced siltation in rivers leading to less flooding and the preservation of the water systems for improved access to domestic water supply. Negatively, only three fence lines shall be impacted belonging to three PAPs based on the inventory carried out. ES 8 Mitigation In order to adequately mitigate the negative impacts on the PAPs, the costs of the damage to the assets were calculated by generating market value and estimates for how much it would cost to replace or repair affected asset based on the replacement value - the amount sufficient to replace lost assets and cover transaction costs (over the period until the assets are recovered). Unit costs were primarily calculated using information from the local markets. ES 9 Public Participation Public participation in this RAP included consultations and communications. Consultation included a two- way process in which ideas about the project and concerns of stakeholders and the project designers were shared and considered mutually by affected populations and other stakeholders. Communication included the dissemination of information of NEWMAP activities to the concerned public about the project and other relevant issues. Relevant stakeholders, namely relevant local government officials, community leaders and other opinion leaders in the communities, PAPs and other individual people and special interest groups such as Community Development Association, etc, were met. At the meetings the overview of the project and appreciation of RAP and other related information were presented to the stakeholders. Furthermore, the challenges that could emanate from the implementation of the project and the support needed from all parties to ensure effective project and successful implementation were also discussed. xi Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka At the fora, the potentially displaced persons and community members were provided information and consulted on resettlement options available to them, and offered opportunities to participate in planning, implementing, and monitoring resettlement as well the grievance redress mechanism. In other words, the PAPs, specifically, were told that they have the opportunity to air their concerns and suggestions which will be incorporated to the extent possible in project design and implementation. They were made aware of their rights, which include compensation for impacts and alternatives – even if they are willing to give up land, assets and or livelihood in the general public interest as well as appreciate their concerns and views about the intervention work. It was emphasized that compensation will only be for those who are affected in the course of the intervention work and not before. Furthermore, the stakeholders informed of the need to make available qualified local labour during the intervention works as may be requested by the contractor. ES 10 Resettlement of PAPs and Livelihood Restoration The PAPs have agreed to the various resettlement packages which will enable them find alternative or other locations in places of their choices for relocation and thus move out of the setbacks of the gully corridor. This is process will improve their means of livelihood or restore to it to pre‐impact status. Technical support will be provided by the community liaison and support professionals, Site committee/associations and individuals to identify and develop suitable, market driven livelihood options in relation to those people most affected by gully erosion/intervention works, the poorest in the community, and women. ES 11 RAP Coordination and Implementation The implementation of the RAPs shall require close collaboration among all the stakeholders with a mutual understanding struck at the beginning. The institutional arrangement has been pragmatically designed to involve relevant Stakeholders with the SPMU as the project implementer. Federal Ministry of Environment as well as other relevant Federal and state MDAs and World Bank concerned with erosion and watershed management shall be involved as designed in the arrangement for implementation. Also the RAP implementation committee made up of representatives of the local government, local communities and PAPs, Site committees, trade Union/CBOs, lands and survey with support from the social Safeguard Specialist of the SPMU shall ensure adequate handling of the resettlement issues. No civil works contracts for the proposed rehabilitation work shall be initiated unless land free of any encumbrance is made available. The major component tasks and schedule for the RAP implementation have been developed in the RAP. ES 12 Strengthening Organizational Capability Based on the interaction with the relevant stakeholders, assessment and determination of the characteristics of all project affected persons (PAPs), valuation of assets to be compensated as well as the assessment of the institutional capacities of the different parties involved in the RAP implementation, areas of awareness creation and training/capacity building have been identified generally as outlined in Table below. It is the responsibility of Social Safeguard Officer to ensure that all identified stakeholders are trained accordingly. ES 13 Budget Estimate The total cost implication for the implementation of the RAP is N40, 600,000.00 (forty Million, six hundred thousand Naira) only in the Table below. This sum is expected to cover compensation assets affected and additional mitigations for livelihood restoration measures, coordination of additional mitigations, grievance management and compensation commission. xii Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka In addition, a provision of 10% of this total budget for contingencies such as inflation that shall be allowed and added to the current budget. SPMU is the source of this fund for the payment of the necessary compensations and mitigation measures and overall implementation of the RAP. Budget Estimate for the RAP Implementation S/N ITEM COST (N) Total A1 Compensation for Land/Structures 34,000,000.00 Agricultural resources 0.0 Sub-total 34,000,000.00 34,000,000.00 B ADDITIONAL MITIGATIONS B1 Livelihood restoration measures/Assistance 1,500,000.00 B3 Grievance management 500,000.00 Sub-total 2,000,000.00 2,000,000.00 C IMPLEMENTATION COSTS Compensation Commission & NGO witness 100,000.00 Capacity building/Institutional Strengthening 1,000,000.00 Disclosure 1,000,000.00 Management 2,500,000.00 Sub-total 4,600,000.00 4,600,000.00 D Total 40,600,000.00 E + Contingencies 10% ES 14 Implementation Schedule Before any project activity is implemented, PAPs will need to be compensated in accordance with this RAP and the resettlement policy framework that had been prepared. The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs. These include the target dates for start and completion of all compensations before civil works completion for the project. The major component tasks for the RAP are outlined in Table below. ES 15 Grievance Redress Mechanism The likelihood of dispute is much reduced because the PAPs and other relevant stakeholders have been consulted. Nevertheless, in the event of any dispute, a conflict resolution mechanism has been designed for the RAP implementation. This mechanism makes the judicial system the least desirable and last resort to redress the issues if informal conciliation does not resolve the matter. After due interaction with the PAPs and relevant stakeholders the following persons have been suggested as those to constitute the GRC: Community head –as Chairman of the Committee, Site Committee member, PAPs Representative, local government, elected representative of the community at the LG, Affected local government Land officer and SPMU as members s hall be formed to hear complaints and facilitate solutions so as to promote dispute settlement through mediation to reduce litigation. xiii Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Major Component Tasks and Schedule for the RAP Implementation Activities 2013 2014 Remarks D J F M A M J JL A S O N D Consultation/Community Feb - March participation and Information to 2014 people affected, Cut-off date announcement, Census and Socio-economic survey, Analysis data and identification of impacts, Definition of assistance measures and Preparation of RAP) Disclosure of RAP May, 2014, RAP Implementation- May 2104 - Relocation/assistance- Compensation and/or Supplementary assistance. Rehabilitation/Civil Works - June 2014 - Commencement of project operations. Follow-up Visit by Responsible June, 2014 to Stakeholders/SPMU - December 2014 Income Restoration Assessment Dec, 2014 ES 16 Monitoring and evaluation In order to successfully complete the resettlement management as per the implementation schedule and compliance with the policy and entitlement framework, there would be need for monitoring and evaluation of the RAP implementation. Monitoring and evaluation will be a continuous process and will include internal and external monitoring. SPMU shall play a key role in reporting the progress of implementation as well as compliance to the World Bank. ES 17 Disclosure The RAP shall be disclosed in-country to the general public for review and comment before it is approved by the Bank at designated locations and in World Bank InfoShop. xiv RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER ONE GENERAL BACKGROUND 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 lead agency at the Federal level is the Federal Ministry of Environment (FME), Department of Erosion, Flood and Coastal Zone Management. State and local governments, local communities and CSOs are or will be involved in the project, given that the project is a multi-sector operation involving MDAs concerned with water resources management, public works, agriculture, regional and town planning, earth and natural resources information, and disaster risk management. The development objective of NEWMAP is: to rehabilitate degraded lands and reduce longer-term erosion vulnerability in targeted areas. 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. The proposed work activities in Intervention activity at NEROSE Plaza/St. Thomas Aquinas Sub-project (s), Awka, and Anambra State have been identified to trigger involuntary resettlements because of the nature, location and scope. Against this background, Anambra State Under The Nigeria Erosion and Watershed Management Project (NEWMAP), represented by the State Project Management Unit (SPMU) prepared this Resettlement Action Plan (RAP) for the intervention work to mitigate the social impacts that could arise in the course of the project implementation. 1.2 The Need for a Resettlement Action Plan for the Proposed Project. The proposed project triggers World Bank (WB)’ s Operational Policy, OP 4.12 on Involuntary Resettlement in that it requires acquisition of land as well as restrictions of access in areas bordering the gully edges. For WB supported projects, any project that causes displacement of any sort must be subjected to the requirements of its Operational Policy, OP 4.12, on Involuntary Resettlement. It is pursuance to this that this RAP was prepared as part of the World Bank's Environmental and Social Safeguard Policies. The Resettlement Policy Framework (RPF) as well as the Scoping and Screening Reports prepared earlier for the project revealed that the magnitude of impacts is minor since less than 200 persons would be affected in the course of work execution. However, based on the understanding of the key stakeholders who will give concurrence and in the light of the level of due diligence that has been taken in the preparation of the NEWMAP safeguard document, RAP has been adopted. 1.3 This RAP and other Safeguard Instruments Triggered by the Project Generally, the objective of the World Bank's Environmental and Social Safeguard Policies is to prevent and mitigate undue harm to people and their environment in the development process. These policies provide guidelines for bank and borrower staff in the identification, preparation, and implementation of programmes and projects. Safeguard policies have often provided a platform for the participation of stakeholders in project design, and have been an important instrument for building ownership among local populations. As part of the preparatory stage of the NEWMAP, two national instruments a Resettlement Policy Framework (RPF) and an Environmental and Social Management Framework (ESMF) were prepared. 1 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka The RPF addresses potential adverse social impacts that might stem from resettlement of people affected by the project, whereas the ESMF addresses other possible harmful social and environmental effects of the project. The focus of each of these relevant safeguard instruments and their triggers which have been prepared or undergoing preparation are outlined in Appendix 1. Suffice it to say that these 'triggers' help translate the two national framework into specific costed, measurable, and monitorable actions for each specific intervention sites. Nevertheless, it should be noted that this RAP identifies the specific impacts in relation to the Project Affected Persons (PAPs) across the different points along the Gully Corridor were the proposed work is to be carried out. It identifies the full range of people affected by the proposed work and justifies their displacement after consideration of alternatives that would minimize or avoid displacement as well as suggests possible ways by which the impacts on PAPs could best be mitigated. 1.4 Objective of the RAP The fundamental objective of project resettlement action planning is to avoid resettlement issues whenever feasible, or, when resettlement is unavoidable to minimize its extent and to explore all viable alternatives. Where land acquisition and involuntary resettlement are unavoidable, resettlement and compensation activities are carried out in a manner that provides sufficient opportunity for the people affected to participate in the planning and implementation of the operation. Further, if incomes are adversely affected, adequate investment is required to give the persons displaced by the project the opportunity to at least restore their income-earning capacity. Specifically, the RAP is designed to:  Identify and assess the human impact of the proposed works at the erosion gully Site, and  Prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws. 1.5 Scope and Task of the RAP This Resettlement Action Plan covers the following Intervention Sites NEROSE Plaza/St. Thomas Aquinas Sub-project (s), Awka, Anambra State. It specifically covers area where the main civil works shall take place as is currently captured by the engineering designs. The scope of work for the RAP assignment covers the following elements/tasks, consistent with the provisions described in OP 4.12, paras. 2 and 4 and presented in the TOR for the RAP: 1. A brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a Resettlement Action Plan is required ; 2. Legal analysis and framework, reviewing the Nigerian laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them; 3. Conducting a census and declaring a cutoff date; 4. Estimate population displacement and categories of displaced persons, to the extent feasible; 5. Eligibility criteria for defining various categories of displaced persons; 6. Valuation of affected assets -- both natural and built assets -- ; Compensation and assistance are to be based on the overall principle that affected people shall not suffer net losses as a result of the project; 7. A description of possible mechanisms for transitional costs (such as moving expenses) and for restoring livelihoods where they are adversely affected; 8. Organizational procedures for delivery of entitlements, a description of the implementation process, linking resettlement planning and implementation to both civil works and livelihood strategies; 9. A description of grievance and redress mechanisms that takes into account the need for (a) registration of grievances; (b) prompt and transparent action on grievances; (c) due process; (d) opportunity for appeal; and (e) avoidance of legal proceedings to the extent possible; 2 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 10. A description of the arrangements for funding resettlement including the preparation and review of cost estimates, the flow of funds, and the contingency arrangements; 11. Development of institutional matrix that clearly identifies all the agencies, public or private, that will be involved in the resettlement project, their respective roles, the budget allocated to each and the legal arrangements to be made; 12. A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and 13. A description of the processes of monitoring, verification and evaluation required for effective implementation of the resettlement process. 1.6 Guiding Principles for the RAP In order to ensure that the RAP complies with international best practice, the following shall be the guiding principles:  Resettlement Must Be Avoided Or Minimized  Genuine Consultation Must Take Place  Establishment of A Pre-Resettlement Baseline Data  Assistance In Relocation Must Be Made Available  A fair and equitable set of compensation options must be negotiated  Resettlement must take place as a development opportunity that ensures that PAPs benefit  Vulnerable social groups must be specifically catered for  Resettlement must be seen as an upfront project cost  An independent monitoring and grievance procedure must be in place  World Bank’s Operational Procedure on forced Resettlement must apply 1.7 Approach/Methodology of RAP Preparation The strategy/methodology for the preparation of the RAP took into cognizance the Terms of Reference and/Scope of Work defined in the Request for Proposals for this RAP. This RAP was prepared in accordance with applicable World Bank safeguard policies and Nigerian guidelines/laws. The distinct phases for preparing the proposed RAP include: Literature review; Public Consultation, Data Gathering/ Census Identification of potential impacts; e.g. for baseline conditions, institutional arrangement, capacity, etc. are outlined in Appendix 1.2 1.8 This RAP Reporting Format This RAP is concise and includes only significant social/economic and resettlement issues. Essentially, it covers the following relevant Chapters: Chapter One General Background Chapter Two NEWMAP Project Components and Description of Site Intervention Chapter Three Census and Socio-Economic Survey Chapter Four Impact of the Project Chapter Five Existing Legal Framework Chapter Six Valuation and Compensation and Other Resettlement Assistance Chapter Seven Public Participation and Consultations Chapter Eight RAP Implementation - Institutional Arrangement Chapter Nine Grievance Redress Mechanisms Chapter Ten Monitoring and Evaluation CHAPTER TWO NEWMAP PROJECT COMPONENTS AND DESCRIPTION OF INTERVENTION SITE 2.0 Introduction This Chapter highlights the overall components of NEWMAP and a brief description of the proposed intervention at the specific site. 2.1 Description of Main NEWMAP Components The overall development objective of NEWMAP rehabilitation of degraded lands and reduction of longer- term erosion vulnerability in targeted areas is hoped to be achieved through the following four components: Component 1 - Erosion and Catchment Management Investments, Component 2 - Erosion 3 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka and Catchment Management Institutions and Information Services, Component 3- Climate Change Agenda Support and Component 4- Project Management. 2.2 Project Location In the Federation, NEWMAP currently includes 7 states, namely Anambra, Abia, Cross River, Edo, Enugu, Ebonyi, and Imo as indicated. Maps 1.1 indicate the Anambra State in the World and Nigeria as well as the affected Local Government Area and the project location. The Nerose Plaza/St Thomas Aquinas Intervention site is located on the East side of Awka between government house Road and Nwakpadolu/Oganiru housing estate besides Nnamdi Azikiwe University (Unizik). The area is a lively/highbrow, community with the seat of government and an ivory tower. There are also commercial and private buildings, Roads and other public infrastructure under threat (Map 1.2). Map1.3LGAs National Population in Anambra Commission (2010) State Field Work, 2014 Map 2.1: Proposed Project Site Location in the World 2.3 The Proposed Targeted Site The area is a lively/highbrow, community with the seat of government and an ivory tower. There are also commercial and private buildings, Roads and other public infrastructure under threat. Map 1.2 depicts the gully catchment areas of the proposed intervention site. The major gully starts from an exciting concrete drainage from Ozubulu Street that terminated in abruptly in front of Nerose Plaza. The other finger also starts from drainage from the same drainage at Ozubulu Street which was terminated abruptly on the road that connects St. Thomas Aquinas and Nerose Shopping plaza. This threatens most seriously Bishop of Awka Diocese and the community of priests and runs northwards to empty into the fresh water river through major habitat of monkeys. 4 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Map 2.2: Gully Erosion Location 2.4 The Proposed Activities at the Intervention Site The proposed solution option for the gully hazards is proper management of prevailing flood flow path to the gully which included the use of chute spillway and stilling basin, side drains and culverts, rip-rap resting on geotextile, then gabion weirs stilling pool placed 100m intervals along the gully bed to slow down the flow velocity (Fig.1.1). These measures serve as water energy dissipaters/hydraulic control structures or check dams. Apart from velocity control, the hydraulic structures also stabilize the invert/bottom of the gully as a step in erosion mitigation. 5 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Community Efforts St Aquinas Road Cut into Two by the Gully Some Affected Asset Refuse Dump in Neros Plaza Gully Plate 2.1: Situation of the Proposed Intervention Gully site NEROS PLAZA St. THOMAS Fig. 2.1: Proposed Engineering Design CHAPTER THREE CENSUS AND SOCIO-ECONOMIC SURVEY 6 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 3.1 Introduction The socio-economic conditions of the PAPs are summarized in this Chapter. Socio-economic survey was premised on the vendors, especially the PAPs along the corridor of the erosion gully site with a view to determining their socio-economic conditions, and how the project stands to impact them. The survey, per se, had several primary objectives which include:  To inform the affected population about the proposed intervention work  To announce the cut off-date for capturing those affected by the proposed project who are along the zone of impact  To obtain feedback from the affected population about the Intervention work  To establish the social profile of the affected population out along the corridor.  To record/update the base line situation of all affected people  To identify the affected households and individuals  To identify vulnerable individuals or groups  To record all assets and impacts within the ROW (setback from edge of gully) 3.2 Census Cut-Off Date The Census cut-off date refers to the date after which PAPs will NOT be considered eligible for compensation, i.e. they are not included in the list of PAPs as defined before the socio-economic survey of the PAPs ended. At the conclusion of the census, the cut-off date was declared on March 22, 2014, after which no newly arrived persons or families will be eligible for resettlement benefits. In addition, improvements to housing etc. made after the date will not be eligible for compensation (repairs, such as fixing a leaky roof, are permissible). The cut-off date was announced and made known through appropriate traditional means of reaching-out during the community awareness campaigns at site level and through the local government. The cut-off date was/is intended to prevent speculation and rent-seeking in order to become eligible for additional resettlement benefits. This is especially more so bearing in mind the time period between the cut-off date and the time actual productive investments would start, and that only after PAPs have been compensated according to the requirements of this RAP. Nevertheless, if works are not initiated two years or more elapsed after declaration of a cut-off date, an updated census and evaluation of properties/assets must be carried out. 3.3 Data Analyses and Interpretation Specifically, the following thematic socio-economic indicators were included in the survey: gender, age distribution; marital status; nature of trade/occupation of vendor/PAPS; income category, etc. The data analysis and interpretation focus on the socio-demographic background information of respondents, identified Project Affected Persons (PAPs) and/or vendors along the corridor. 3.3.1 Analysis of Persons (Respondents) Interviewed A total of 45 questionnaires were administered to community members including identified Project Affected Persons across the length of the gully corridor. The respondents refer to any person considered to live or do businesses in the communities in the gully site areas who may not necessary be affected. Project affected persons are those actually affected by the project. It is important to note that the impact of project activities on the sources of livelihood of PAPs along the gully corridor vary among them. While some are directly affected (those within 15m from the edge of the gully), others are not such as those within general watershed area). The response of those met or to whom questionnaires were administered provided an average idea of the prevailing situation in the proposed project area. Therefore, it is believed that the information provided by these categories of people is accurate about the businesses they represent/operate or property/asset they own or represent and the general public opinion about the project. 3.3.2 Age of respondents 7 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka As shown in Fig. 3.1, most (47.75%) of the affected respondent age were within the age bracket of 36-45 years old, 16.39% of the respondent age is within 56-65, the age bracket of 46-55 and 26-35years both are 14.75% while those above 65years old are 3.28% only. There was no respondent found within the age bracket of 18-25. Fig. 3.1: Age of Respondents 3.3.3 Sex of Respondents 70% of the identified are female, while the remaining 30% are males (Fig. 3.2) Fig. 3.2: Sex of Respondents 3.3.4 Occupation of respondents Project affected persons were classified into different types of business they do. Figure 3.3 below shows that majority (88.33%) of the PAPs in this community are predominantly farmers, while 5% of the PAPs are civil servant, 3.33% trades to makes ends meet then the remaining (3.33%) do other business such as or tailoring, hairdresser, carpenter, e.t.c. Fig. 3.3: Occupation of Respondents 3.3.5 Marital status of respondents 8 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Figure 3.4 shows that majority of the respondents are married (79.31%), while (6.9%) are single. The remaining 13.79% are either widow/widowers. Fig. 3.4: Marital status of Respondents 3.3.6 Religion of respondents 88% of the respondents are Christians while the remaining 12% are traditional worshippers. There was no Muslim respondent found along the corridor (Fig. 3.5) Fig. 3.5: Religion of respondents 3.3.7 Number of children of respondents Figure 3.6 show that few 918.97% of the respondents do not have any children while 13.79% of them have above 6 children. 20.69% of them have between 1-2 children, 24.14% has 3-4 children while the remaining 22.41% have 5-6 children. Fig. 3.6: Number of Children of respondents 3.3.8 Average income of respondents 9 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka According to Figure 3.7, 31.58% of the respondents earning below 15,000, while 26.32% of them earn between 15,000 and 30,000.28.95% of the respondents are average income earners, earning between 30,001 and 60,000. The High income earners i.e. >60,000 are 13.16%. Fig. 3.7: Average Income of Respondents 3.3.9 Base value for respondent property Majority (52.5%) wants their property to be evaluated based on the Going rate /Current market value while the remaining 46.67% wants their property to be evaluated based on resources on land i.e. Crops, Trees and Plantation (Fig. 3.8) Fig.3.8: Base value for respondents Property 3.3.10 Respondents assets’ distance to Gully edge Figure 3.9 shows that majority (58.2%) have their assets identified within 0-5.9meters offset to the gully edge, 23.6% respondents have theirs identified within 11-15meters, 10.95% within 6.0-10.9, while the remaining 7.25% of the respondents have theirs above 15meters offset to the gully wall edge. Fig. 3.9: Asset distance to Gully edge 3.3.11 Respondents legal or title right to property Different means of ownership of property/asset was highlighted, in which (27.7%) acquired or own the property or assets by means of purchase, 45.25% are on rent, 12.6% of the respondent identified 10 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka property or assets family/community, while 14.45% own right to the property by inheritance. No respondent was recorded to have legal right to property through certificate of occupancy (C of O). Fig. 3.10: Respondents Legal or title right to property 3.3.12 Type of persons affected Different categories of affected persons was identified and categorized, with majority(66.25%) of persons affected being household, 5% of the affected assets are community owned, 23.75% of affected persons were vulnerable which refers here as the aged, widow/widowers, those living with HIV/AIDS, orphans and physically challenged while the remaining 5% are individual persons as shown in figure 3.11. There was no squatter or land occupier found along the corridor. Fig. 3.11: Type of persons affected 3.3.13 Type of structure affected Figure 3.12 show that majority (84.6%) the respondents affected structured are fixed/immovable structures while the remaining 15.39% are movable structures/makeshift. Fig. 3.12: Type of affected structure 11 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 3.3.14 Identity of affected property Figure 3.13 shows that majority (91.37%) of the PAPs farmland will be affected, 5.17% of commercial land, 1.72% of industrial land. The remaining 1.72% uses the land for other purposes such as shrine. Fig. 3.13: Identity of affected property 3.3.15 Owner of affected structure Majority of the project affected person’s structure are owned personally (91.67%), 3.33% of the PAPs properties are owned by the landlords, 3.33% owned by community while the remaining 1.67% are family properties as shown in figure 3.14 below. Fig. 3.14: Owner of affected structure 3.3.16 Response on willingness to volunteer space Majority (87.5%) gave their consent and are willing to vacate their site or shift backward, off the setback for the project to be executed (Fig. 3.15) Fig. 3.15: Response on willingness to volunteer space 12 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 3.3.17 Preferred Resettlement location Since the PAPs will be resettled, preferred measure of resettlement was asked where majority (72.9%) prefers to settle within the same community while 13.52% prefers to resettle anywhere suitable. The remaining 13.52 were not specific of where to be resettled (Fig. 3.16). Fig. 3.16: Preferred Resettlement location 3.3.18 Choice of Assistance The respondent preferred measures aimed at restoring their living conditions are as depicted in figure 3.17 ; majority placed support for cash grant (72.99%), while the remaining support type are provision of new plot for other economic purposes (5.41%), training for self-employment (2.7%) and provision of agricultural plot(18.9%). Fig. 3.17: Choice of assistance 3.3.19 Summary of the Socio-economic Condition of the Project Area The project location site area, Awka, is the administrative headquarters of Anambra State. Civil servants both State and Federal thus live and work here. The Nnamdi Azikiwe University and St. Paul’s University are two tertiary educational institutions located in Awka. Education and administration are thus significant sources of employment in the territory. Contribution of industry and agriculture to the economy of the area is presently low. The informal sector, mainly petty traders, blacksmiths, roadside mechanics and others are very dominant and visible in the city’s landscape. 13 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka None of these commercial endeavours shall be impacted in the course of the project execution as no commercial structures are within the impact zone of the intervention site. Of the identified PAPs, no vulnerable persons were captured. Map 3.1: Features Coterminous to the Proposed Project sites 14 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER FOUR IMPACT OF THE PROJECT 4.1 Introduction The inventory of assets and analysis using Geographical Information Systems (GIS) reveals how many important features would be affected in the event of the proposed work along the corridor. 4.2 Minimization of Resettlement To minimize negative impacts the following have been taken into consideration in this project:  Gully treatment activities shall only be limited to the 15m carried out only on the existing two gully heads and limited to improvement and upgrading.  The impacts caused by construction of shall not affect the Miri Monkey considerably.  Structures within 15minutes set back that may be affected in the course of the treatment works have been identified.  The treatment of gully heads is not likely to cause land acquisition  A full opportunity for involvement of all stakeholders, especially the direct stakeholders (project affected persons) provided through public participation and engagement of the stakeholder communities. This afforded the concerned stakeholders the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts  The setback on the corridor was made known to the stakeholders to be 15m 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 members of the community and LGA agreed to cooperate and support the successful execution of the project.  The members of community assured SPMU that they would continue to support in the implementation of the policy to better their lots and thus promised to play their role at ensuring the successful completion of the project. 4.3 Land acquisition along the corridor The erosion site rehabilitation activity will not acquire new land beyond the minimal 15m set back and area that will serve as camp, where equipment and materials will be stored and used. The camp shall be carefully selected to avoid impacting on any social means of people. Although there are some assets within these setbacks in some locations, the proposed rehabilitation will be managed to avoid or at least reduce interference with any of the structures such as building. 4.4 Benefit of the Project The major benefits will occur in the form of improved erosion management and gully rehabilitation which will provide for:  Reduced loss of infrastructure including roads, houses, etc.  Reduced loss of agricultural land and productivity from soil loss caused by surface erosion.  Reduced siltation in rivers leading to less flooding and the preservation of the water systems for improved access to domestic water supply.  Reduced risks of floods (due to reduced siltation)  Progressively restored vegetative cover, improved environmental conditions and more humid local microclimates. This results in increased vegetation cover for wildlife and carbon sequestration.  Environmental improvements due to land stabilization measures which preserve the landscape and biodiversity. 4.5 Negative Impact of the Project As it is currently designed, it is not expected to have adverse impact on the social life of people. The rehabilitation will only affect structures mainly fences that within the set back. A total of 23 PAPs were identified made up of 12 asset owners and 11 tenants. The potential assets impacted have been identified and are summarized below. 4.5.1 Impact on Land and Structures Within the setback only 12 persons’ structures s hall be affected and these include mainly secondary structures like paved floors and fence in addition to 11 tenants. The structures that could be affected in 15 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka the course of work or that could constitute hindrance to work have been identified as outlined in Appendix 4.2. Owners of immovable structures will be paid compensation that will be based on assessed values of their properties and the tenants will be assisted with disturbance allowance. There is no impact on income and business as well as agricultural resources. There is no utility identified within the setback that could be affected in the course of work or that will constitute hindrance to project activities. However, it should be noted that the gully erosion already had affected roads which are hardly used now by the community members. 4.5.2 Cultural Property (Archaeological and cultural sites) No cultural property or site of archaeological interest has been identified to be affected except one shrine that was identified along the corridor. 4.5.3 Impact on Vulnerable Group The various groups considered vulnerable due to their inability to cope with and participate in decision making with regard to resettlement in the course of work were not identified along the corridor as impacted. 4.5.4 Potential Relocation Areas No relocation site is required for any of the impacted PAPs. Plates 4.1: Some of the Affected Assets 16 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER FIVE EXISTING LEGAL FRAMEWORK 5.1 Introduction This CHAPTER provides a brief review of the applicable local laws, regulations, policies and procedures on land acquisition and resettlement. Essentially, here, consideration is given to the Nigeria’s Land Use Act (LUA) of 1978 and the World Bank Policy on involuntary resettlement OP4.12 as the main instrument guiding the entire process. In understanding the existing legal framework, reference should be made to the national instrument - Resettlement Policy Framework - which was prepared for the entire NEWMAP for the participating States. Adequate attention was given to the relevant legal instruments (Legal Basis for Land Acquisition and Resettlement in Nigeria and World Bank Policy on Involuntary Resettlement (OP.4.12)). 5.2 Nigeria Land Use Act and Bank OP4.12 – A Comparison The law relating to land administration in Nigeria is wide and varied; entitlements for payment of compensation are essentially based on right of ownership. The Bank's OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by or before the cut -off date as indicated. Based on this comparison, entitlement matrix presented in this RAP is designed to assist the process by bridging the gaps between requirements under Nigeria Law and the World Bank OP4.12. In comparison and bridging the gaps between the requirements under Nigeria Law and the World Bank OP4.12 (Table 4.1), it is emphasized that the higher of the two standards/instruments ( the more beneficial to the project affected persons) should be followed as it also satisfies the requirements of the lesser standard. Table 5.1: Land Use Act and World Bank OP 4.12 - A Comparision Issue Nigerian Law World Bank OP 4.12 Land Owners: Cash compensation based on Preference for land-for-land compensation. If not, cash Statutory market value at full replacement value, including transfer costs Rights Land Owners: Cash compensation for land Preference for land-for-land compensation, land of equal Customary improvements; compensation in or equivalent value. If not, cash at full replacement Rights kind with other village/district land value, including transfer costs Land: Tenants Compensation based on the Compensation based on value of residual rights held value of residual rights held under the tenancy agreement, plus disturbance under the tenancy agreement. allowances, Are entitled to some form of compensation Entitled to compensation based whatever the legal recognition of their occupancy. upon the amount of rights they hold upon land. Agricultural land No compensation for land; Compensation in kind or cash for value of land; users compensation for standing crops compensation at full replacement value for lost crops and according to values established economic trees and perennials, fully verifying or updating from time to time by State state lists of values, Entitled to compensation for crops, governments, Not entitled to may be entitled to replacement land and income compensation for land, entitled to must be restored to pre-project levels at least. compensation for crops. Owners of Cash compensation based on In-kind compensation or cash at full replacement value structures market values, taking account of including labor, relocation expenses, and transfer costs. depreciation Cash compensation Added disturbance allowances .Entitled to in-kind based on market value for compensation or cash compensation at full replacement Owners of "Non-permanent" cost including labor and relocation expenses, prior to Buildings displacement for Owners of "Non permanent" Buildings Cash Compensation is based on In-kind compensation or cash at full replacement value 17 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Cash compensation based on including labor, relocation expenses, and transfer costs. market values, taking account of Added disturbance allowances .Entitled to in-kind depreciation .market value for compensation or cash compensation at full replacement Owners of "Permanent" buildings cost including labor and relocation expenses, prior to displacement for Owners of "Permanent" buildings Losers of No consideration other than cash Key objective is restoration of capacity to generate livelihoods values for assets as described incomes at least at levels prior to losses. Programs of (farmers, above by asset category assistance to achieve this objective. Compensation for business periods of lost income. people, employees) Grievance The grievance mechanism will be set up as early as procedure no specific requirement for possible in the process, to receive and address in a establishing an independent timely fashion specific concerns about compensation and grievance mechanism relocation that are raised by displaced persons and/or members of host communities, including a recourse mechanism designed to resolve disputes in an impartial manner. The grievance mechanism, process, or procedure should address concerns promptly and effectively, using an understandable and transparent process that is culturally appropriate and readily accessible to all segments of the affected communities, at no cost and without retribution. Rejection of No categorical statement Where compensation to an affected person in Compensation accordance with an approved resettlement plan has been offered, but the offer has been rejected, the taking of land and related assets may only proceed if the project owner has deposited funds equal to the amount offered as compensation plus 10 percent in a secure form of escrow or other interest-bearing deposit satisfying the Bank’s fiduciary requirements. The project owner must also provide a means satisfactory to the Bank for resolving the dispute concerning the offer of compensation in a timely and equitable manner Adapted from the Resettlement Policy Framework for the Project, April, 2006, Revised April 2013 5.3 Entitlement Matrix for Various Categories of PAPs Based on the comparison, between Land Law in the Federal Government of Nigeria and Bank OP4.12, an entitlement matrix was designed which bridges the gaps between the requirements under Nigeria Law and the World Bank OP4.12 as shown in Table 5.2. Table 5.2: The Entitlement Matrix for Various Categories of 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 1.1 Cultivable/residential land preferred priority, or Cash compensation at /commercial land (b)Occupancy/Hereditar replacement value based on market rate plus y tenant 10% compulsory acquisition surcharge as second option (b) & (c) Compensation will be paid as plus a one- time lump sum grant for restoration of livelihood and assistance for relocation. . 2. Damage to land (such as 2.1. (a)Legal owner/s 2. 1 (a) & (b) Restoration of land to pre- abutting sub-project site) (b) Village/s or clan/s construction condition or cash compensation 2.1. By excavation etc. from with customary at prevailing rates for necessary bulldozer/ borrows for earth for ownership tractor hours to restoring level and/or construction. truckloads of earth for fill 18 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Type of Loss Entitled Person Description of Entitlement 4. Permanent loss of 4.1. (a)Owners of the 4.1. (a) Cash compensation for loss of built-up Structures structures whether or not structures at full replacement costs 4.1 Residential and the land on which the Owners of affected structures will be allowed commercial structures structure stands is to take/reuse their salvageable materials for legally occupied rebuilding/rehabilitation of structure. In case of relocation, transfer allowance to (b) Renters cover cost of Shifting (transport plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. (b) One-time cash assistance equivalent to 4 months rent moving to alternate premise. Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates. 4.2. Cultural, Religious, and 4.2. 4.2. Complete rehabilitation/restoration by the community structures Community Project; or, Cash compensation for restoring /facilities School, church, affected cultural/community structures and water channels, pathways, installations, to the recognized and other community patron/custodian. structures/installations 5. Special provision for 5.1 Women headed 5. Needs based special assistance to be vulnerable APs households, disabled or provided either in cash or in kind. 5.1.Restablishing and/or elderly persons and the enhancing livelihood landless 5.2 Change in Livelihood for 5.2. (a) Vulnerable APs, 5.2 (a) &(b).Restoration of livelihood women and other vulnerable particularly Women (vocational training) and subsistence APs that need to substitute enrolled in a vocational allowance @ agreed rate per day for a total of their income because of training facility 6 months while enrolled in a vocational adverse impact 5.2. (b) owner/s whose training facility 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 of the intervention or associated principle of the entitlement matrix. activity 5.4 Eligibility Criteria There are three basic categories of eligibility for resettlement benefits: i) Persons holding legal title (or the equivalent in customary-law) to the land they occupy or use to derive their livelihood. This shall be entitled to receive compensation for their assets at replacement value. ii) Persons lacking title but with legal rights that can ratified by recognized legal process, e.g. heirs to an estate. iii) Persons with no legal or legitimate claim to the land they occupy or use. Those having legitimate rights shall receive assistance to regularize their status and shall be treated just as those having legal rights. Persons having no legal rights to land under law may not be compensated for the land they occupy but they are entitled to compensation for other assets (e.g. housing) and to receive assistance. In practice, this may mean that squatters and other non-legal occupants receive the same entitlement as those having legal rights. 19 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Where cash compensation is used for very poor people, it is strongly recommended that supervision be provided so that such compensation is not used for consumption or other unsustainable expenditures. The census carried out has enabled the identification of those affected and eligible for assistance and the nature of assistance. The entitlements , as the case may be consist of replacement housing, replacement land, building lots, or cash compensation. Under 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 cases, traditional law may be taken into account. Tenants may be granted resettlement entitlements along with owners or they may be given a subsidy to find a new rental property. Entitlements shall include transitional support such as moving expenses, assistance with food and childcare during a move and other needed support. All PAPs irrespective of their status, whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the project area before the cut-off date. All persons residing, conducting activities or earning income within the project affected areas at the cut- off-date, which is the last day of inventory of loss will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows:  Person who have formal right to land (including customary and traditional rights recognised under Nigerian law);  Persons with temporary or leased rights to use land; and  Persons who do not have formal legal right to lands or other assets at the time of the census, but who have claim to such legal rights by virtue of occupation or use of those assets.  Businesses within the community Those who do not have the legal title to land but reside in the affected area before the cut-off-date will be compensated for properties such as houses and other investment on the land, but will not be compensated for the land. The eligibility criteria for compensation are outlined n Table 5.3. Table 5.3: Eligibility Criteria for Compensation PAP Classification Eligible for Compensation No Compensation Assistance Those with legal right Land or asset at replacement For land, assets, and structure Assistance cost on the land after the cut-off- as needed date Those with temporary or Land and assets at For land, assets, and structure Assistance leased rights at cut-off replacement cost on the land after the cut-off- as needed date date Those with no legally Assets at replacement cost - Assistance recognised right but except that compensation may as needed arrived before cut-off be “topped off” to allow the PAP date. to acquire a new residence. Those who arrived after None None None Cut-off-date Those with business Assets and lost income as a For business located in Assistance located within the result of lost business during community after the cutoff- as needed Community project duration date and outside the affected area. 20 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER SIX VALUATION AND DESCRIPTION OF COMPENSATIONS 6.0 Introduction In this Chapter the description of the valuation methodology and compensations are presented based on the updated situation on the corridors. 6.1 Valuation Methodology The methodology used is outlined below: 6.1.1 Replacement Cost Method Current Market value of asset within the project area was used to determine the compensation rate for Economic Trees and land. This was determined via market survey of land per square meter and the market prices of the affected Trees in the project areas. DaLA method is used in this study to determine compensation for economic trees because of its robustness and advantage over the traditional method of assessing the cost of an economic tree. DaLA 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 while the Traditional Method equates the capital of the existing structure/ tree to the cost of reinstating the structure/ tree on the same type of plot at the current labour, material and other incident costs. 6.1.2 Land Resettlement The World Bank OP 4.12 requires that displaced owners of land be provided with an area of land equivalent to their displaced land. It states that land restoration should be in a location that has similar value as the one displaced to the project. However, land resettlement will not occur since land take is small and will not warrant a physical displacement of persons. Also importantly, the issue of land take by the project has been addressed and agreed upon by the stakeholders during the public consultation that compensation be given to PAPs for their land resources. 6.1.3 Valuation of Structures and Cost of Materials and Transportation Some of the structures affected in the project area are primarily not for investments purposes. Rather than reproduction cost (cost of constructing an identical structure by using the same design and materials), Replacement cost (cost of constructing a substitute structure of equal utility using current materials, design and standards) have been used in the valuation. 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. The current rates in the market have been used. 6.2 Compensation and Other Resettlement Assistance A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the plan are have been designed as shown in Appendix 6.1. Owners of immovable structures will be paid compensation that will be based on assessed values of their properties and the tenants will be assisted with disturbance allowance. In addition to being technically and economically feasible, the resettlement packages are seen to be compatible with the cultural preferences of the displaced persons, and prepared in consultation with the PAPs. The RAP Implementation Committee shall make the offer to the PAPs during the implementation, the identification of the PAPs are indicated in Appendix 6.2. 6.3 Modes of Restitution All project affected persons have been carefully documented with their phone numbers. All the PAPs can be reached by the village/district heads as the streets/houses are not numbered. The notification for payment will include how payments will be made and when. The peculiar local security situations should be taken into consideration by the SPMU in reaching out to the PAPs for payments. 21 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 6.4 Compensation Payment and Procedures for Delivery of Compensation The main objective of the RAP is to develop programmes that aim to improve the livelihoods of PAPs or restore them to the pre-displacement levels. Where impact on land use is such that sustainability of livelihoods may be affected, preference will be given to land for land compensation rather than cash payouts. This applies to people who are not necessarily physically displaced but who are affected by a land loss that affects their sustainability. The following principles should be followed for payment of compensation for lost assets  Compensation shall be paid prior to acquisition or displacement;  Compensation will be at replacement cost;  Compensation for structures shall include: the full cost of materials and labour required for reconstructing a building of similar surface and standing.  Compensate all the PAPs adequately for properties and income lost  Check and ensure that resettlement was built in as an upfront project cost to avoid inadequate compensation. In other words, the affected person must be able to have their structure rebuilt in a different location using the compensation paid for the old building. Depreciation will not be taken into account while calculating the cost of affected structures. The Compensation package will also include cost of moving, such as transport costs as well as any associated land titling or transfer fees. All payments should be in monetary forms as agreed with the PAPs. Payment of compensation will be made by the Resettlement and Compensation Committee. This committee will include members of the SPMU and selected community leaders from the affected location. Compensation benefits shall be settled before the construction phase of the project. The RAP implementation committee will verify the correctness of each PAP as stated in the register. Payments will be made according to locations and adequate information will be made available to all affected persons before payment. Such information will include how the payment will be made and dates, etc. The procedure for delivery of compensation shall include:  Full payment of compensation carried out before possession of acquired sites  Formally making offers to affected persons and allowing persons to accept or reject offer, offer a counter claim and seek redress under the grievance procedures established  Implementation committee communicates the amount to be paid to the PAPs  Transfer to individual accounts is the preferred and first mode of payment. SPMU shall make arrangements with nearest bank to effect payments without any challenge to the PAPs.  Necessary document of payments to the affected persons should be presented to local land/Asset Valuation Committee from the local government and/or other independent witness of the affected person and leaders of the communities.  Proper receipts issued and copies given to the affected person, the Finance Department of SPMU;  Comprehensive reports on payment made submitted for review by SPMU Management 6.5 Livelihood Restoration Whether implemented by Community Associations, the NGO or a firm, all livelihoods activities supported will be selected by communities themselves, guided by a list of potential activities, with sensitization carried out and informed by exposure visits to other project sites. The community liaison and support professional will provide technical services to the Community Association and facilitate the overall process, backstopped by the NEWMAP Technical Officer. As activities are selected, and groups and/or individuals develop appropriate plans, trainers with expertise in specific livelihood activities will be retained for short periods to provide hands-on instruction for participants. 22 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Emphasis must be direct on people most in need of livelihood support, for example those most affected by erosion and intervention works (the poor, landless, disabled and female-headed households). 6.5.1 Restoration strategies 1. Livelihood Identification and Preparation Support The community liaison and support professional will work closely with the Community Associations (CAs) that may wish to develop group activities. Community Associations will receive training -- according to identified needs -- in small business development and developing business plans, basic bookkeeping, banking, accessing commercial finance, marketing, customer relations, leadership and team building, customer relations, leadership and team building. 2. Livelihood Sub-grants for Income, Skills and Employment Opportunities The SPMU will provide grants to Community Associations to implement community selected by the Community Associations and/or individuals. The community sub-projects will include: those which generate income, and/or those which provide technical skills that could lead to employment opportunities or new start-ups. Eligible activities may include:  Construction skill training on gabion box installation/erection and other masonry/concrete works for the affected communities to work on the project.  Horticulture on reclaimed lands.  Seedling nurseries for fruit trees and other species, operated by women.  Planting/protection of moringa (moringa olifera) or other locally appropriate trees for soil stabilization, food products and other economic and environmental benefits.  Vetiver grass nurseries for use in gully stabilization.  Specialized marketing facilities such as private warehouses and transport equipment.  Skills for employment in local industries could also be taught such as environmentally friendly rock quarrying, or sawmill operation, security-related activities depending on needs in local labour markets.  Other activities consistent with the objectives of the project.  Computer skill training and community IT centres.  Technical support will be provided by the community liaison and support professionals, Community Associations and individuals to identify and develop suitable, market driven livelihood options. Selection criteria may be those people most affected most by gully erosion/intervention works, the poorest in the community, and women. 3. Household and Community Water Harvesting For an added, tangible economic incentive to communities to get involved in erosion reduction and climate adaptation, procurement of household rainwater harvesting cisterns and associated equipment for each household mobilized within project sub-catchments. SPMU will ensure and fund or procure small works, goods, services, operating costs, and training with the following indicative procurement categories:  60% goods (cisterns, gutters and drainage pipe, valves, etc.).  40% services (design, supervision, labour for installation, training to beneficiaries for maintenance of structures, transport and other services).  Maintenance and labour provided in-kind by community. 6.6 Environmental Protection and Management Paripassu, alongside this RAP, an Environmental and Social Management Plan (ESMP) has been prepared to address adverse impacts during the work. Thus this section of the RAP should be read and understood as well as applied in light of the ESMP. 23 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER SEVEN PUBLIC PARTICIPATION AND CONSULTATIONS 7.1 Introduction The Public Consultation process for the project began during the early stage of reconnaissance level- survey. This has further been enriched through interactions and consultation with the relevant stakeholders in the course of the preparation of this RAP. Public consultation and participations are essential because they afford PAPs and the general public the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts. The more direct involvement of the local level people in the planning and management processes, the greater the likelihood that resource use and protection problems will be solved as well as the likelihood of development opportunities occurring in a balanced way and to the broad benefit of all communities in the project. 7.2 Objective of the Consultation Providing adequate information to affected communities and stakeholders reduces the potential for conflicts, minimizes the risk of project on communities and enable resettlement and compensation a comprehensive development programme. In Specific terms, the sensitization campaign and public consultation sought to achieve the following:  Inform stakeholders of the project activities and provide adequate information on the project, its components and its activities with affected communities.  Establish grievance and effective complaints mechanism on the project.  Obtain vital information about the needs and priorities of affected settlements.  Inform the PAPs and the communities about various options of resettlement and compensation.  Obtain cooperation and support of the project affected persons  Ensure accurate and transparent resettlement and rehabilitation process for Project affected Persons. 7.3 The Stakeholders Stakeholders for the purpose of this project are defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes those positively and negatively affected by the project . The key stakeholders identified and consulted included the political leaders in the relevant local government areas, community heads, other opinion leaders in the communities, individual people who own properties that are directly or indirectly affected, special interest groups such as CBOs, etc 7.3.1 Level of Stakeholder Engagement The extent of stakeholders’ involvement was based on the relevance or significance of the impacts which was considered relatively small because it affected few numbers of PAPs. The affected persons were more consulted in order to appreciate their concerns and views about the project and others for their opinions with regard to ensuring sustainability of the project. 7.3.2 Consultation Strategies The process of resettlement and public participation includes both information exchange (dissemination and consultation), and collaborative forms of decision making. Information dissemination and consultation with stakeholders, especially the Project Affected Persons (PAPs) means transfer of information from Project proponents to the affected population. It provides an opportunity for all the communities in the areas to raise issues and concerns pertaining to the project, and allow the identification of alternatives and recommendations. Specific objectives of the public information campaign and public consultation include: fully share information about the ongoing project, its components and its activities, with affected people, obtain information about the needs of the affected people, and their reactions towards proposed activities, ensure transparency in all activities related to land acquisition and compensation payments and ask local residents especially the interested and Affected Parties about the problems anticipated with the project and how these can be overcome. 24 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka The consultation process ensured that all those identified as stakeholders, especially the project affected persons were consulted. One-to-one meeting was used during the census survey of the socio-economic activities along the corridors in addition to the other meetings held with other relevant stakeholders at local government secretariat and at residences of community head to interact with the opinion leaders in the host community. 7.4 Discussion with Stakeholders and Summary of Outcome Conclusion At the meetings, the overview of the project and appreciation of RAP implementation and other related information were presented to the stakeholders. Furthermore, the challenges emanating from the implementation of the project and the support needed/given from all parties to ensure effective project and successful implementation were also discussed. At the fora, the displaced persons and community members were provided information and consulted on resettlement options available to them, and offered opportunities to participate in planning, implementing, and monitoring resettlement as well as the grievance redress mechanism. In other words, the PAPs, specifically, were told that they have the opportunity to air their concerns and suggestions which will be incorporated to the extent possible in project design and implementation. They were made aware of their rights, which include compensation for impacts and alternatives – even if they are willing to give up land, assets and or livelihood in the general public interest as well as appreciate their concerns and views about the intervention work. It was emphasized that compensation will only be for those who are affected in the course of the intervention work and not before.. Furthermore, the stakeholders informed of the need to make available qualified local labour during the intervention works as may be requested by the contractor. Stakeholders and affected persons expressed happiness and willingness to support the project. Stakeholders were commended for their willingness to support the project. Plates 7.1 depict some of the stakeholders Met. The highlights of the meetings are presented in Appendix 7.2 with a list of those met. A summary of the issues/comments raised by the various stakeholders and how the issues were/are addressed at the meetings or by the Project are highlighted in Box 7.1. Plates 7.1: Some of the Stakeholders at the Meeting 25 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Box 7.1: A summary of the Outcome of the Consultation Meetings Issues/Comments Raised by Communities Response/How Addressed at the meetings or by the Project  We are very happy to see the project come out  SPMU is happy to have everyone’s support as the successful as we shall cooperate and support project is for the common good of everyone, the successful execution of the project. especially those that are close to the gully corridors.  We are eager to support and cooperate with  With the supervision of the World Bank and even the project as the menace of the erosion has you the community members, the quality of work been terrible. can be ensured.  For those not directly affected how will they  The assets within 15m setback are the potentially benefit? affected.  Which houses shall be affected? For those  All community members will have a sigh of relief that will be affected what are the determining from the menace of the erosion, which is the first factors benefit to all. Some members of the community  This erosion problem have been giving us may be required to maintain the structures of the nightmare gully erosion control, so this provides additional  Opinions of the people must be made to count benefits by utilizing information/suggestion provided  The sites to work on are many, but this is one of the  Please, ensure that the quality of the first to be given priority rehabilitation is worthwhile so that we do not  Qualified persons shall be engaged by the face reoccurrence again. contractors at the various sites on merit.  Aside the main gullies mentioned any other  The project shall commence once all the necessary one to be worked on? documentations are ready  How soon will the project commence?  No civil works will be initiated or taken until compensation has been paid. 7.5 Public Disclosure of RAP SPMU will publicly disclose this RAP, in English and in local language, where need be and make copies available and distribute with a letter accompanied to local government authorities concerned. This could be done by: a) publishing it on SPMU’s website; b) depositing/posting it in a range of publicly accessible places such as, Traditional Heads’palaces and community squares where they could be protected and not abused. In addition, SPMU will ensure that the affected public is adequately sensitized through public meetings, notices, and handbills/information booklets. Once this RAP is disclosed, the public have to be notified both through administrative structures and informal structures about the availability of the RAP documents and also be requested to make their suggestions and comments. The complete approved RAP will be made available in easily accessible locations in or near the affected areas. Once disclosed in Nigeria, SPMU will authorize the WB to disclose at its Info-shop in Washington DC. 26 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER EIGHT RAP IMPLMENTATION - INSTITUTIONAL ARRANGEMENT 8.0 Introduction NEWMAP involves many Federal and State Ministries, Departments and Agencies (MDAs), as well as local governments and communities as shown in Appendix 8.1. As such it requires cross-ministerial and cross-state coordination, collaboration, learning and teamwork in a highly-systematic manner, with clearly defined roles and responsibilities. This RAP recognizes this and has developed institutional arrangements amongst public agencies with local communities and project affected persons with a view to ensuring good project management. The roles and responsibilities of the participating parties in collaborative efforts are well outlined. A gap has been identified in terms of capacity building and training of these stakeholders and this has been highlighted in this chapter in terms of measures designed for strengthening their capabilities to carry out out their respective activities. Also presented is the budget and cost for the RAP implementation 8.1 Organisational Arrangement - Roles and Responsibilities The implementation of the RAP shall require close collaboration among all the stakeholders. A properly constituted structure for administration of its implementation is imperative and agreement must be reached from the onset with the relevant parties. The roles and responsibilities of all the various stakeholders relevant in the development, implementation and administration of the RAP and to an extent in the overall project management are outlined below: 1. State Project Management Unit (SPMU) The SPMU, as the implementing authority, headed by Project Coordinator (PC) & Authorized to take decision on financial matters within the provided budget, has the mandate to: • Develop and implement RAPs and other safeguard instruments. • Drives activities of procurement, capacity building, service-provider mobilization, and monitoring • and coordinating the many participating MDAs at State and Local Government levels. • Study in detail the RAP, and based on the review of the RAP prepare a detailed action plan and time table for the day to day RAP implementation; • Organize the necessary training and capacity building measures for the unit itself and for other partner organizations and committees; • Establish all local level institutions and committees which will participate in the implementation of the RAP and provide them with the necessary training and capacity building measures; • Coordinates and undertake compensation activities in accordance with the principles and procedures specified in the RAP • Implement the income restoration and social development programs and project in accordance with the principles and procedures specified in the RAP; • Ensure the systematic undertaking of monitoring, review and evaluation of the RAP in accordance with the framework and guidelines provided in the RAP and store the data and information collected in a data base; • Based on the findings of the monitoring and review take corrective actions and submit monitoring and review reports to the relevant higher bodies for timely corrective measure. • Facilitate the discussion between PAPs and communities regarding compensation for land acquired for the projects; • Implement the RAP including their involvement to redress complaints and internal monitoring. • Cooperate through a Steering Committee that provides guidance to the technical aspects of all project activities; • Maintain and manage all funds effectively and efficiently for the projects • Organize the necessary orientation and training for SPMU officials so that they can carry out consultations with communities, support communities in carrying out RAPs and implement the payment of compensation and other measures (relocation and rehabilitation entitlement) to PAPs in a timely manner; • Ensure that progress reports are submitted to the World Bank regularly 27 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 2 SPMU Social Safeguard Officer • Initiate Resettlement Action Plan (whenever the project involves displacement of homes or businesses) or land acquisition of any kind). • Review and approve Contractor’s Implementation Plan for the social impact measures as per the RAP • Liaise with the Contractors and the SPMU on implementation of the RAP • Coordinate on behalf of SPMU day to day activities with the relevant line departments and oversee the implementation of RAP instrument, prepare compliance reports with statutory requirements, etc. • Monitor and supervise regularly the implementation of RAP • Observe payment of Compensation to PAPs. • Identify and liaise with all relevant Stakeholders pre and post Project implementation. • Sensitization of and Consultations with relevant Stakeholders during and after (where necessary) Project Implementation. • Charged with the responsibility of safeguard requirements and ensuring the sustainability of project. 3 Monitoring & Evaluation Officer/Consultant • Develop the monitoring and evaluation protocol • Conduct monitoring of RAP implementation activities. • Provide early alert to redress any potential problems. • Monitor target achievements and slippages. 4 State Steering Committees (SSCs)  Apex decision-making bodies for the operation in the State. 5 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. 6 NEWMAP Technical Officer  acts as a link between the SPMU and the LGA;  sits at the LGA where the site intervention is taking place. 7 STATE PMU ENGINEER  Provide technical support 8 Individual MDAs (State and Federal Levels)  participate deeply in the annual joint work programming process facilitated by the Federal/State PMU. 9 Resettlement Implementation Committee (RIC)  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 28 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 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 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 10 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 11 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. 12 Federal Ministry of Environment (FME) is the lead coordinating agency  Lead coordinating agency and hosts the Federal Project Management Unit (FPMU).  FPMU 13 Ministry of Lands, Survey, Physical Planning & rural Development • 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 14 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 RAP 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  O&M oversight of works  SPMU Participates in site-committees 29 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 15 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. 16 Technical Officer in Local Government Areas  Act as liaison to SPMU, MDAs and other organisations working with communities.  Provide senior technical skill-set and advisory services to communities and LGAs.  Convene affected and directly participating communities (liaising with neighbouring LGAs as needed).  Closely interact with community stakeholders and the community facilitators.  Support site monitoring. 17 Site Committees/ Community associations (CA) sub-grants (Local and community actors)  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. 18 Community Interest Groups (CIGS)  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. 19 Grievance Redress Committee  Receive, assess and process and decide on complaints related to compensation assistance  Support PAPs in resolving issues related to R&R.  Record grievance and resolve them within stipulated time.  Inform SPMU about any serious cases.  Report to the aggrieved parties about the decisions regarding them. 20 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; 21 Traditional authority • Support in the identification of the right PAPs • Assist in resolving grievances of PAPs • Ensures that social values are not interfered with. 30 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 22 Project Affected Persons (PAPs) • 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 23 CSOs/CBOs/Trade Unions • 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 24 Witness NGO  An independent observer to witness the whole compensation resettlement process for the duration of the Project, so as to verify the compliance of the RAP implementation with the SPMU commitments. A Terms of Reference for the NGO is outlined in Appendix 8.1. 25. World Bank • Maintains an oversight role to ensure compliance with the safeguards policies, review and provide clearance and approval for the RAP. • Conduct regular supervision for satisfactory RAP implementation, fulfillment 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 Resettlement Activities and Responsible Party Table 8.1 outlines specific resettlement activities and the responsible parties drawn from the roles and responsibilities indicated in Section 8.1. Table 8.1: Resettlement Activities and Responsible Party NO ACTIVITY RESPONSIBLE a. Coordination of Activities SPMU b. Vetting of request for compulsory acquisition of land, Ministry of Lands and survey Oversight of land expropriation and land issuance of titles to resettled PAPs. c. Organisation and implementation of, socio-economic SPMU, Local Government Authority, studies, census of affected people and valuation of affected Community rep, consultant, Site assets, Committee d. Notifications, Request for proof of eligibility, - Consultations, SPMU (Resettlement Consultant), Local Valuation of Affected Assets. Government Authority/Forestry Department, PAPs, Site Committee e. Consultations, planning and Preparation of RAP SPMU/Consultants, Site Committee f. Review of RAPs SPMU and World Bank g. Disclosure of RAP SPMU h. Internal Monitoring SPMU i. External Monitoring and Approval Site Committee, NGOs/CBOs, Consultants, Communities, World Bank 31 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka NO ACTIVITY RESPONSIBLE j. Preparation of Monitoring and Evaluation Report of RAP and SPMU Disclosure k. Establishment of Resettlement & Rehabilitation Committees SPMU l. Establishment of Grievance and dispute resolutions SPMU, Grievance Committee Committee m. Procedures for dispute resolutions and actual dispute Grievance Committee resolutions n. Organization of necessary training and capacity building PC, Social Safeguard Officer measures for the different units and other partner organizations and committees; o. Disclosure/notification of values. Making of offers/negotiation Resettlement & Rehabilitation and payment modalities, meeting with PAPs, etc Committees p. Release of funds for payment and Compensation Payments SPMU q. Review and approve the Contractor’s Implementation Plan for Social Safeguard Officer the social impact measures as per the RAP r. Taking possession of site SPMU, Contractor s. Adherence to contractual clauses in procurement to SPMU, Contractor contractors, promptly reporting of any conflict and disputes raised during construction and ensuring that all mitigation measures required from the contractor during construction are fully applied. t. Representation of SPMU/government for any law court SPMU, State Attorney General’s Office redress cases 8.3 Strengthening Organizational Capability Based on the interaction with the relevant stakeholders, assessment and determination of the characteristics of all project affected persons (PAPs), valuation of assets to be compensated as well as the assessment of the institutional capacities of the different parties involved in the RAP implementation, areas of awareness creation and training/capacity building have been identified for successful implementation of this RAP (Table 8.2). It is the responsibility of Social Safeguard Officer to ensure that all identified members of the implementation team are trained prior to implementation of resettlement and compensation and the SPMU provides the budget. 8.4 Budget and cost 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. 8.4.1 Budget and Cost Estimate The total cost implication for the implementation of the RAP is N40, 600,000.00 (forty Million, six hundred thousand Naira) only in the Table 8.3. This sum is expected to cover compensation assets affected and additional mitigations for livelihood restoration measures, coordination of additional mitigations, grievance management and compensation commission. In addition, a provision of 10% of this total budget for contingencies such as inflation that shall be allowed and added to the current budget. SPMU is the source of this fund for the payment of the necessary compensations and mitigation measures and overall implementation of the RAP. 8.4.2 Source of Fund The State PMU is the source of fund for this RAP and responsible for the execution of the RAP. 32 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Table 8.2: Awareness and Capacity Building Needs of Relevant Stakeholders S/n Duration Subject Target Audience Resources Budget (N) 1 120mins Introduction to Social and Resettlement SPMU Staff • PowerPoint Issues presentation • Basic Concepts in Resettlement Issues • Associated • Involuntary vs. Voluntary Resettlement handouts 200,000.00 • Main issues associated with Involuntary Resettlement • Nigeria legal and statutory requirements and World Bank Safeguard policies 2 2days Involuntary Resettlement and Relevant SPMU Staff Full text of OP Safeguard tools 4.12 • World Bank OP 4.12 Involuntary for each Resettlement participant • Gaps between OP 4.12 & Nigerian Land • PowerPoint Use Act and how to bridge them Presentation • Principles of RPF & RAP • Planning Requirements • Implementation Requirements 450,000.00 • Grievance and Conflict Management and Resolution • Documentation and Disclosure Requirements • Eligibility and Entitlements • Resettlement and Compensations packages • Monitoring and Evaluation of RAP 3 1day Resettlements Action Plan Design and SPMU Staff, consultants, • Full copy of Preparation LG the • Assessment process (introduction to RPF for each RAPs) participant • Census & Socio-economic Methodology • PowerPoint 200,000.00 • Content of a RAP Presentation • Grievance and conflict Management • Vulnerable people • Monitoring and Evaluation tools 4 1day Resettlement Action Plan Implementation SPMU, members of • PowerPoint • Background Resettlement and presentation • Resettlement packages Grievance Redress • Associated • Consultations and negotiations with Committees Handouts 200,000.00 affected people • Development of Resettlement sites • Grievance Redress Mechanism 5 1Day Social & Resettlement Considerations in Contractors, SPMU, LG, • PowerPoint Rural Development Projects: CBOs/CSOs presentation • Social and Resettlement aspects arising • Associated during construction and operation Handouts stages 200,000.00 • Social and Resettlement Good Practices in public works and rural development • Community Relations in Rural Project Management 6 120Mins Public Involvement and Consultation in RAP SPMU,LG, Contractors, Handouts/fliers • RAP Overview Engineers, & relevant • Community Participation and MDAs, Community 250,000.00 Consultation leaders/CBOs/NGOs/PAPs • Monitoring and Evaluation Total 1,500,000.00 33 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Table 8.3: Budget Estimate for the RAP Implementation S/N ITEM COST (N) Total (N) A1 Compensation for Land/Structures 34,000,000.00 Agricultural resources 0.0 Sub-total 34,000,000.00 34,000,000.00 B ADDITIONAL MITIGATIONS B1 Livelihood restoration measures/Assistance 1,500,000.00 B3 Grievance management 500,000.00 Sub-total 2,000,000.00 2,000,000.00 C IMPLEMENTATION COSTS Compensation Commission & NGO witness 100,000.00 Capacity building/Institutional Strengthening 1,000,000.00 Disclosure 1,000,000.00 Management 2,500,000.00 Sub-total 4,600,000.00 40,600,000.00 D Total 40,600,000.00 E + Contingencies 10% 8.5 Implementation Schedule Before any project activity is implemented, PAPs will need to be compensated in accordance with this RAP and the resettlement policy framework that had been prepared. The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs. These include the target dates for start and completion of all compensations before civil works completion for the project. The major component tasks for the RAP are outlined in Table 8.4 Table 8.4: Major Component Tasks and Schedule for the RAP Implementation Activities 2013 2014 Remarks D J F M A M J JL A S O N D Consultation/Community Feb - March participation and Information to 2014 people affected, Cut-off date announcement, Census and Socio-economic Survey, Analysis data and identification of impacts, Definition of assistance measures and Preparation of RAP) Disclosure of RAP May, 2014, RAP Implementation- May 2104 - Relocation/assistance- Compensation and/or Supplementary assistance. Rehabilitation/Civil Works - June 2014 - Commencement of project operations. Follow-up Visit by Responsible June, 2014 to Stakeholders/SPMU - December 2014 Income Restoration Assessment Dec, 2014 8.5.1 Coordination with Civil Works The resettlement program will be co-coordinated with the timing of civil works. The required co-ordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared RoW sections to project contractors. The timing mechanism of this RAP ensure that no PAPs is displaced (economically or physically) due to civil works activity before 34 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka compensation is paid and resettlement sites with adequate facilities are prepared and provided for the PAPs. The project will adhere to the following important principles in its implementation:  No construction should be undertaken unless PAPs are compensated for their losses, and have received their resettlement entitlements in accordance with this RAP.  Information sharing and consultation with PAPs will continue throughout the planning and implementation phase of the project, including the relocation and the restoration of livelihoods.  A completion survey of the delivery of compensation and resettlement entitlements will be undertaken as per this RAP and other relevant instrument prepared for the project.  The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs such as o target dates for start and completion of civil works, and o dates of possession of land that PAPs are using. 35 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER NINE GRIEVANCE REDRESS MECHANISMS 9.0 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 an complaints or grievances. The grievance procedure will further be made available to the affected person through project implementation. From the start, it should be understood that formal legal mechanisms for grievance resolution tends to be a lengthy, costly and acrimonious procedure. Hence non-judicial, dialogue-based approaches for preventing and addressing community grievances are advocated. The Grievance 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. 9.1 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. 9. 2 Grievance Redress Committee The project will establish a Grievance Redress process. GRC will hear complaints and facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce litigation. The main functions of GRC will be:  to provide support to PAPs on problems arising out of eligibility for RAP-provided entitlements and assistance provided;  to record the grievances of the PAPs, and categorize, prioritize and resolve them within one month;  to inform SPMU of serious cases within one week; and  to report to the aggrieved parties about the developments regarding their grievances and decisions of the SPMU, within one month. 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. After due interaction with the PAPs and relevant stakeholders the following persons have been suggested as those to constitute the GRC: Community head –as Chairman of the Committee, Site Committee member, PAPs Representative, local government, elected representative of the community at the LG, Affected local government Land officer and SPMU As the first point of call for resolving grievances, a compliant desk to collate petitions, complaints, etc from aggrieved parties should be opened at the Local Government Secretariat manned by the Desk officer on 36 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka the project. He refers all the issues to SPMU who ensures appropriate channel of resolution of such grievances are reached with a view to resolving the issues. Aggrieved parties have the options of reporting directly to SPMU via Telephone calls, SMS and e-mails for action. As the first order of call in resolving grievances, the Site Committee members will deal with any grievance that comes up. This will ensure equal treatment across cases and elimination of nuisance claims and satisfy legitimate claimants at low cost. If this fails, the Community head will intervene in resolving the grievances. Should this fail, the Local Government Desk Officer, who liaises with the Site committee members and the Grievance Committee as well as the SPMU will try and resolve the grievance. If this fails, the local government Chairman will step in. If this fails as well, the Social Safeguard Specialist of the SPMU who will liaise with the Resettlement Implementation Committee will deal with the issues of grievance. If this fails aggrieved party will have the option of resolving the issues with the Project Coordinator of SPMU. If the Project Coordinator is not able to resolve it then the Resettlement Advisory Committee resolves it. If this is not sufficient the Honourable Commissioner of Environment will try to resolve the issue that is contentious. The judicial system will be the last resort to redress the issues if informal conciliation does not resolve the matter. 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. Figure.9.1 gives a process flowchart for the grievance mechanism. 9.2.1 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 followings are; at the least, 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 9.3 Management of Reported Grievances The procedure for managing grievances should be as follows: a. 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. b. 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. c. Where the affected person is unable to write, the local Project Liaison Officer will write the note on the aggrieved person’s behalf. d. Any informal grievances will also be documented 37 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Registration of grievance with the Grievance Redress Committee Treatment of grievance Closure of grievance by Committee Is complainant satisfied with Yes No Committee decision Closure of grievance by Resort to grievance Committee Grievance processing by Committee Response of the Committee Yes Is complainant satisfied Closure of complaint with decision PCU or Court Fig. 9.1 Flow Chart for Grievance Redress Steps 9.4 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 a Grievance Form will be filed with the Grievance Redress Committee by the person affected by the project. The Form/Log (Table 9) 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. 38 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 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 9.1: A Typical Reporting Format for Grievance Redress Community Type of Grievance Grievance Resolution project & Resettlem inadequat complaint Compens Compens acquisitio Affected, informed awarded e not awarded provided received Pending referred benefits impacts Date of options Name of are not but not assets before about to the Court Case other ation Date paid and ent Complainant is n ation Community Project 1 Complainant A Complainant B Complainant C Community Project 2 Complainant D Complainant E TOTAL 9.5 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. 39 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka CHAPTER TEN MONITORING AND EVALUATION 10.1 Introduction To establish the effectiveness of all the resettlement activities, this Monitoring and Evaluation (M&E) procedures for the RAP has been designed. With this, it is possible to readily identify problems and successes as early as possible. Monitoring involves periodic checking to ascertain whether activities are going according to the plan. It provides the feedback necessary for the project management to keep the programmes on schedule. By contrast, evaluation is essentially a summing up, the end of the project assessment of whether those activities actually achieved their intended aims.. 10.2 Purpose of Monitoring The purpose of monitoring is to provide Project Management, and directly affected persons with timely, concise, indicative information on whether compensation, resettlement and other impact mitigation measures are on track to achieve sustainable restoration and improvement in the welfare of the affected people, or that adjustments are needed. In short, monitoring answers the question: Are Project compensation, resettlement and other impact mitigation measures on time and having the intended effects? Monitoring verifies that: • Actions and commitments for compensation, resettlement, land access, and development in the RAP are implemented fully and on time • Eligible project affected people receive their full compensation on time, prior to the start of the main project activities on the corridors; • RAP actions and compensation measures have helped the people who sought cash compensation in restoring their lost incomes and in sustaining/improving pre-project living standards; • Compensation and livelihood investments are achieving sustainable restoration and improvement in the welfare of Project-Affected Persons and communities • Complaints and grievances are followed up with appropriate corrective action and, where necessary, appropriate corrective actions are taken; if necessary, changes in RAP procedure are made to improve delivery of entitlements to project affected people. • Vulnerable persons are tracked and assisted as necessary 10.3 Monitoring Framework (Internal and External) Monitoring will consist of a) Internal monitoring by the SPMU as an integral part of the its management, working with the impacted communities; and b) External monitoring by the SPMU appointed consultants, working with the impacted communities. 10.3.1 Internal monitoring The internal monitoring, carried out by the SPMU itself, is conventional monitoring related factors such as, number of persons affected, resettled, assistance extended, and other financial aspects, such as compensation paid, etc. The internal monitoring must be carried out simultaneously with the implementation of RAP. The objectives of the internal monitoring are: (i) Daily Operations Planning; (ii) Management and Implementation and (iii) Operational Trouble shooting and Feedback. The periodicity of internal monitoring could be daily or weekly depending on the issues and level. All aspects of internal M&E shall be supervised by the SPMU management team and will provide high level evaluation of internal performance and impact monitoring and other reports. The management team will be supplemented by staff with appropriate skills to carry out:  RAP project resettlement requirements as defined by this RAP;  Gathering and presentation of monitoring indicators to be used; 40 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka  Design and implementation of basic techniques to be used for collecting information and feedback from project affected people; and Reporting requirements and formats. Regular progress reports will be prepared and submitted to SPMU management by the social safeguard Officer. The internal monitoring will look at inputs, processes, and outcomes of compensation/resettlement/other impact mitigation measures. Input monitoring will establish if staff, organization, finance, equipment, supplies and other inputs are on schedule, in the requisite quantity and quality. Process monitoring will: • Assess program implementation strategies and methodologies and the capacity and capability of program management personnel to effectively implement and manage the programs • Document lessons learned and best practices and provide recommendations to strengthen the design and implementation of RAP Output monitoring will establish if agreed outputs are realized on time for: • Communication with the affected communities • Agreed resettlement and compensation policy, procedures, and rates • Compensation for crops, buildings, and lost business • Construction and occupation of infrastructure and housing • Livelihood program delivery and uptake • Grievance resolution • Attention to vulnerable people Outcome (or effectiveness) monitoring will determine the degree to which the program objectives and performance targets have been achieved. 10.3.2 External Monitoring/Evaluation This should be seen in the eye of Compliance and Impact Monitoring. For Compliance Monitoring, the SPMU will appoint a consultant to work closely with the project-affected persons to track the progress of RAP Implementation. The consultant(s) will be a person(s) with; deep experience in the conduct of resettlement, hands on experience in monitoring and evaluation, no previous involvement in this project, and proven ability to identify actions that improve implementation and mitigate negative impacts of resettlement. The role of such a consultant will facilitate process of R&R and thus provide support in the proper implementation of resettlement program. It should also bring the difficulties faced by the PAPs to the notice of SPMU so as to help in formulating corrective measures. As a feedback to the SPMU and others concerned, the external consultant should submit quarterly report on progress made relating to different aspect of R&R. Compliance monitoring will: • Determine compliance of RAP implementation with RAP objectives and procedures • Determine compliance of RAP implementation with the laws, regulations and applicable • Determine international best practice • Determine RAP impact on standard of living, with a focus on the “no worse -off if not better off” objective • Verify results of internal monitoring • Assess whether resettlement objectives have been met: specifically, whether Livelihood Programs have restored the livelihoods of the project-affected persons and their living conditions have improved • Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation process 41 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka • Ascertain whether the resettlement entitlements are appropriate to meet the objectives, and whether the objectives are suitable to project-affected persons conditions • Assess grievance records, to identify implementation problems and status of grievance resolution • Ensure RAP implementation is in compliance with World Bank policy Impact Monitoring/Concurrent evaluation will be carried out simultaneously with the monitoring. For concurrent Impact Evaluation the M&E consultant who should have resettlement and social development experience shall:  Verify whether the objectives of resettlement have been realized, particularly the changes in the living standards;  Impact assessments is to be compared with the baseline values for key socioeconomics as given in the RAP;  To assess whether the compensation is adequate to replace the lost assets;  Assess the level of satisfaction of the various assets provided as part of R&R implementation;  Based on the impact assessment, suitable remedial measures are to be proposed for any shortcomings; and  Remedial measures if PAPs are not able to improve their living standard. Thus, after one year after the expropriation has been completed and the assistance to the PAPs has been made, there will be an impact evaluation to assess whether the PAPs have improved their living conditions in relation with the baseline socioeconomic status established during the socioeconomic studies. Impact monitoring will cover issues such as: • Public perception of the Project - judgments on SPMU, Project and RAP implementation • Social structures - traditional authorities, community cohesion • Economic status of PAPs= livelihood restoration and enterprise, employment, land holdings, non- agricultural enterprise • Cost of a market basket of essentials, including rental accommodation • Employment - on the Project and in the impact area 10.4 Indicators to Monitor Indicators, which will be monitored during the project, may be divided into two categories.  Process input and output indicators for internal monitoring  Outcome or impact indicators for external monitoring These are highlighted briefly below:  Input indicators include the resources in terms of people, equipment and materials that go into the RAP. Examples of input indicators in the RAP are the sources and amounts of funding for various RAP activities.  Output indicators concern the activities and services, which are produced with the inputs. Examples of output indicators in the RAP include (i) a database for tracking individual compensation; and (ii) the payment of compensation for loss of assets.  Process indicators represent the change in the quality and quantity of access and coverage of the activities and services. Examples of process indicators in the RAP include: 1. The creation of grievance mechanisms; 2. The establishment of stakeholder channels so that they can participate in RAP implementation; and 3. Information dissemination activities.  Outcome indicators include the delivery of compensation and other mitigation to avoid economic and physical displacement caused by the Project. They measure whether compensation is paid and received, whether the affected populations who preferred cash compensation to in-kind 42 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka resettlement assistance offered to them was able to use compensation payment for sustained income. Indicators that will be monitored broadly centre around delivery of compensation, resolution of grievances, land access, increase or decrease in PAPs assets, social stability, health, level of satisfaction of project affected people and number of project affected persons that benefited from the livelihood restoration programs. Specifically some monitoring Indicators for this RAP are outlined in Table 10.1 Table 10.1: Monitoring Indicators Indicator Variable Consultation Number of people reached or accessing Information, Information requests, Consultation and issues raised, etc Reach out Number of local CBOs participating Compensation and Physical Progress of compensation and assistance reestablishment Number of PAPs affected (buildings, land, trees, crops) PAPs Number of PAPs compensated by type of loss Amount compensated by type and owner Number of replacement asset recovered Compensation disbursement to the correct parties; Socio-economic Level of income and standard of living of the PAPs Changes No of income restored, improved or declined from the pre-displacement levels; Training Number of SPMU and RAP committee members trained Grievance redress No. of cases referred to GRC mechanism No. of cases settled by GRC No. of cases pending with GRC Average time taken for settlement of cases No. of GRC meetings No. of PAPs moved court No. of pending cases with the court No. of cases settled by the court Overall Management Effectiveness of compensation delivery system Timely disbursement of compensation; Census and asset verification/quantification procedures in place Co-ordination between local community structures, PAPs and SPMU 10.5 Reporting RAP monitoring reports will be prepared for the following tasks: Internal monitoring, Expert monitoring, Completion audit & Compensation. SPMU will use a device such as a bar chart/Gantt chart or MS Project table to assess and present information on progress of time bound actions. Performance monitoring reports for the SPMU RAP management team will be prepared at regular intervals (monthly), beginning with the commencement of any activities related to resettlement, including income restoration. These reports will summarize information that is collected and compiled in the quarterly narrative status and compensation disbursement reports and highlight key issues that have arisen. As a result of the monitoring of inputs, processes, outputs and outcomes of RAP activities, project management will be advised of necessary improvements in the implementation of the RAP. 10.6 Completion Audit SPMU shall commission an external party to undertake an evaluation of RAP’s physical inputs to ensure and assess whether the outcome of RAP complies with the involuntary resettlement policy of the World Bank. The completion audit shall be undertaken after RAP inputs. The audit shall verify that all physical inputs committed in the RAP have been delivered and all services provided. It shall evaluate whether the mitigation measures prescribed in the RAP have the desired effect. The completion audit should bring to closure SPMU’s liability for resettlement. 43 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka BIBLIOGRAPHY Federal Project Management Unit (FPMU) (2012): Resettlement Policy Framework (RPF) for Rural Access and Mobility Project in Adamawa, Enugu, Niger and Osun States Prepared by Earthguards Limited Sustainable Development Consultants (2008) and Updated 2012 by Okeibunor, J.C . ERML (1997): Environmental and Socioeconomic Characteristics of the Niger Delta. Federal Republic of Nigeria, Federal Ministry of Commerce and Industry (2010): Resettlement Policy Frame Work for Growth and Enterprises and Markets in States (GEMS) Project, Prepared by Earth Guard, March Federal Republic of Nigeria Infrastructure Concession Regulatory Commission (ICRC) (2009): Resettlement Policy Framework (RPF) for Nigeria Public Private Partnership (PPP) Project, prepared by ERML, December Government of India, Ministry of Urban Development (2008): Environment and Social Management Framework for Global Environment Facility Sustainable Urban Transport Project, September Obi Igbokwe, O. (2012). 12 Steps - Transportation: Reforming Road Transport in Nigeria. http://newnigerian.blogspot.com/2009/01/12-steps-transportation-reforming-road.html INDIA Governments of India States of Tamil Nadu & Pondicherry (2005): Environmental and Social Management Framework for Emergency Tsunami Reconstruction Project, April ITUA, E.O. (2011). Resettlement Policy Framework (RPF) for the Nigeria Erosion and Watershed Management Project. Federal Ministry of Environment, Nigeria Joshi PK, Vasudha Pangare, Shiferaw B, Wani SP, Bouma J and Scott C. (2004): Socioeconomic and policy research on watershed management in India: Synthesis of past experiences and needs for future research. Global Theme on Agroecosystems Report no. 7. Patancheru 502 324, Andhra Pradesh, India: International Crops Research Institute for the Semi-Arid Tropics. 88 pp. Kaduna State Government (2010): Index of Economic Activities in Kaduna State, Ministry of Economic Planning Supported by SPARC, April Kraxberger B. Transportation and the Movement of People in Nigeria: Some tentative notes. (ND). Nigerian Background Information Lagos State Government Lagos Metropolitan Area Transport Authority (LAMATA) (2009): Environmental and Social Management Framework (ESMF) Towards The Preparation For LUTP II, Prepared by Multiple Development Services, June. Lagos State Government (2005): Resettlement Policy Framework for Lagos Metropolitan Development Project (LMDP) prepared by EnvironQuest, May Lloyd-Jones, T (2011): Analysis of Economic Development in Kaduna State and City, Working Paper - Economic development in Kaduna State and City 170211V3.docx 3, 17th February National Disaster Management Authority (2009): Environment and Social Management Framework for the National Cyclone Risk Management Project, March Newmont (2010): Resettlement Action Plan Akyem Project Birim North Eastern Region Ghana, Septmeber The Government of Rwanda, Ministry of Agriculture and Animal Resources (MINAGRI) (2009): Resettlement Policy Framework for Land Husbandry, Water Harvesting and Hillside Irrigation (LWH) Project, Prepared by Green & Clean Solutions Ltd, July The World Bank (2010): Resettlement Policy Framework for State Expenditure Effectiveness for Opportunities and Results (SEEFOR) for Niger Delta States (Bayelsa, Delta, Edo and Rivers) Prepared by Eugene O. Itua 44 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Appendices Appendix 1.1: Safeguard Instruments Prepared for the Proposed Works S/No Safeguard Focus Remarks Instrument 1 Environmenta  Used as a practical tool during program formulation, design, l and Social implementation and monitoring. Triggered the Management  Describes the steps involved in identifying and mitigating the potential ESMP being Frameworks adverse environmental and social impacts of future investment prepared (ESMF) activities. paripassu with this  Provides guidance in cases where the screening results indicate that RAP a separate Environmental and Social Impact Assessment (ESIA) or an Environmental Management Plan is required. 2 Resettlement  Provides the direction to all actors involved in sub-projects Triggered this Policy implementation, for the identification of resettlement implications and Standalone Framework measures to adopt to minimize or address resettlement issues Resettlement (RPF) created by each sub-project. Action Plan in  Set out the policies, principles, institutional arrangements, schedules relation to the and indicative budgets that will take care of any anticipated proposed works resettlements. The arrangements ensure that there is a systematic process (as against an hoc one) for the different stages of the implementation of a framework that assures participation of affected persons, involvement of relevant institutions and stakeholders, adherence to both World Bank and Government procedures and requirements, and outline compensation for affected persons.  Provides the framework within which Resettlement Action Plans/ Resettlement Action Plans are developed when the project is certain of the locations and specific impacts of the sub-projects.  Contains a screening /checklist for determining whether OP 4.12 is triggered or not it also provides procedures and guidelines to be followed when the policy is triggered. That is, contains a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs/RAPs) for sub-projects during the implementation of the comprehensive programme. 4 Environment  Screening – Defined the level al & Social  First step in the initial assessment of the possible of impacts and Screening & environmental impacts of the proposed project. thus the ESIA Scoping  The purpose of the environmental/social screening is to identify if the road rehabilitation project requires an ESIA through the elimination of irrelevant environmental issues and focusing on potentially significant issues at the planning and design stages.  Scoping -  Assist to identify the Issues that are likely of most importance during the ESIA and eliminates those that are of little concern;  Appropriate time and space boundaries of the ESIA study;  Information necessary for decision-making; and, Significant effects and factors to be studied in detail  Critical step in the preparation of an in determining the terms of reference (TOR) of the ESIA/ESMP. 5 Environment  Ensures sustainable development and/or to ensures compliance with ESMP is being al and Social local, regional and international regulations relating to environmental currently Impact protection and conservation. prepared Assessment  Provides framework for gathering and documenting information and paripassu with (ESIA)/ESM views on the environmental consequences of activities so that the this RAP P importance of the effects and the scope of enhancing, modifying and mitigating them can be properly evaluated 45 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Appendix 1.2: Approach/Methodology of RAP Preparation The strategy/methodology for the preparation of the RAP took into cognisance the Terms of Reference and/Scope of Work defined in the Request for Proposals for this RAP. This RAP was prepared in accordance with applicable World Bank safeguard policies and Nigerian guidelines/laws. The distinct phases for preparing the proposed RAP include: Literature review; Public Consultation, Data Gathering/ Census Identification of potential impacts; e.g. for baseline conditions, institutional arrangement, capacity, etc. as outlined below: 1 Literature Review A review of the relevant literature was carried out with a view to gaining a further and deeper understanding of the project and the social conditions that exist along the gully corridors and the communities buffering the targeted area generally. This included reviewing the Project-specific background documents such as:  Environmental and Social Management Framework  Resettlement Policy Framework  NEWMAP Project Appraisal Document (PAD);  NEWMAP Project Implementation Manual (PIM)  World Bank safeguards policies  Intervention design - Detailed engineering designs and high resolution digital imagery for the site Other relevant documents were also reviewed such as recent World Bank projects in and elsewhere (other countries) where there have been resettlements and affected populations as their potentially is under the NEWMAP project, publications on land acquisition, compensation that bears relevance to the RAP, United Nations (2006) Human Development Report, National Bureau of Statistics (2009) Social Statistics in Nigeria, Nigeria Land use Act and other National laws, World Bank Operational Policies, etc. 2 Stakeholders/Public Consultation Stakeholders, for the purpose of this project, were defined as all those people and institutions that have interests in the planning and execution of the project. This includes those positively and negatively affected by the project. The first task in resettlement planning is to reach out to the community involved during the design of the engineering works and other measures. The local community participated in the design of the subproject and the choices made along the way. Several discussions and meetings were held in the field and off the field with relevant stakeholders, especially with project affected persons, individuals, community leaders, and the local government officials, to seek their opinion on the resettlement issues and the impact of the project. The essence was to ensure a broad-based partnership for achieving harmonious working relationship for implementing and monitoring the project with successful outcomes. Different methods of communication to reach the stakeholders included face to face meeting, telephones and emails in order to identify the left out PAPs, assess the situation and thus develop appropriate compensation mechanism. Data Gathering (Field Work) The data gathering involve visits to various government offices at federal and state levels, private libraries, internet searches, etc. to obtain relevant information. A spatial analysis of the features along the gully corridor was carried out with physical assessment and measurement supported with the aid of Geographical Information System. The corridor was digitized together with the gully shoulders/offset from the edges with a setback of 15meters. These were then overlaid upon the high resolution image of the affected assets. This enabled identification and physical count of the features that falls within each buffer ring categories. 46 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka As a point of emphasis, for the purpose of planning, a 15 meter setback of offset from the gully edge was used for the alignment as the areas of impact as made known by the Engineering Specialist. During project implementation and when the final design is ready, it is expected that the population should be kept informed as plans evolved and, when the final design is ready. The affected area should be marked off with pickets or flags before actually engineering work at the site. The field work also included socio-economic survey, census of potential project affected persons, etc. Based on the engineering design for the proposed action, a detailed household census and inventory of fixed assets was carried out within the polygon affected by the proposed project works, with a survey of each household, farm or business affected by the project, including temporary structures such as kiosks or squatters’ shacks. Furthermore detailed information on the families, kin groups, business employees and others who occupy or use the land for their livelihood were collected including basic demographic data on age, sex, occupation, livelihood, income, educational level, and preference for resettlement. The inventory of assets included the size and construction of dwellings, other buildings, wells and other infrastructure such as fencing, permanent crops such as fruit trees. Each structure was geo-referenced and located on a map. As much as possible, public infrastructure including schools, churches, and health posts were recorded and mapped together with information on the catchment areas of people who frequent these institutions. In addition to the census and inventory of assets, the responsible team will carry out socioeconomic assessment of the affected community or communities. Among the topics that should be investigated are economic and ethnic differences within the community, the livelihoods of the affected people, the social ties that bind the community together (such as kinship, friendship, ethnic ties, debt-credit relationships), conflicts within the community and with other communities, and other pertinent social characteristics that characterize the affected community. The analysis should focus on how the subproject will impact on the community and also how these features of local society can be mobilized to implement the program in the best possible way. It was considered necessary to identify vulnerable people who may need additional support such as widows, orphans, female-headed households, the elderly, persons with disabilities, etc. Regardless of the form of compensation adopted, special consideration needs to be given to vulnerable people who lack an alternative means of social support. This requires the presence of social specialists on the scene before, during and after the actual move to ensure that some people are not driven back into poverty and misery. 47 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka Appendix 3.1: Some Socio-economic Characteristics of Community Members S/N NAME OF HOUSEHO MONTHLY OCCUPAT PERSONS RELIGION MARITAL TENURE INCOME STATUS ETHNIC GROUP LEVEL AGE EDU RES SEX NO LD IN N 1 F Married 45 Igbo Christian C/Servnt 500,000 - Care Taker 2 F Married 26 Igbo Christian Trading 60,000 - 2yrs 3 M Married 30 Igala Christian Driver 60,000 - 8yrs 4 F Single 28 Igbo Christian Trading 40,000 - 5yrs 5 F Single 32 Igbo Christian C/Servnt 18,000 - 6yrs 6 F Married 48 Igbo Christian Trading 40,000 - 10yrs 7 M Single 30 Igbo Christian Trading 40,000 - 10yrs 8 F Married 33 Igbo Christian Trading 15,000 - 2yrs 9 F Single 22 Kogi Christian Trading 30,000 - 2yrs 10 F Married 35 Igbo Christian C/Servant - - Yearly 11 M Single 30 Igbo Christian C/Servant - - Yearly 12 M 5 Married 39 Igbo Christian C/Servant 70,000 Bsc Yearly 13 M 7 Married 50 Igbo Christian Trading - Ssce Yearly 14 M 8 Married 50 Igbo Christian Self Emp - Degree Yearly 15 M 7 Married 51 Igbo Christian Business 100000 Waec Yearly 16 M 6 Married 45 Igbo Christian Business - Bsc Yearly 17 M 5 Married 54 Igbo Christian Business - Hnd Yearly 18 F - Married 50 Igbo Christian - - - Yearly 19 F 6 Married 35 Igbo Christian Business 120,000 Bsc Yearly 20 M 7 Married 50 Igbo Christian Business 150,000 Gce Yearly 21 M 5 Married 45 Igbo Christian Business - Waec Yearly 22 M 1 Single - Igbo Christian Business - Bsc Yearly 23 M 7 Single 30 Igbo Christian Industriali - Bsc Yearly st 24 M 6 Married 45 Igbo Christian Business 68,000 Waec Yearly 25 M 6 Married 76 Igbo Christian Pensionie Retired Waec Yearly r 26 M 7 Married 51 Igbo Christian Business 80,000 Waec Yearly 27 M 5 Married 33 Igbo Christian - - Tertiary Yearly 28 M 5 Married 62 Igbo Christian - - Degree Yearly 48 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 29 M 5 Married 46 Igbo Christian Farming 65,000 Degree Yearly 30 M 5 Married 45 Igbo Christian Business 130000 Gce Yearly 31 M 7 Married 50 Igbo Christian Trading 155,000 Degree Yearly 32 M 4 Married 40 Igbo Christian C/Servant - Bsc Yearly 33 M 8 Married 48 Igbo Christian C/Servant - Degree Yearly 34 M 5 Married - Igbo Christian Trading 100,000 Waec Yearly 35 M 8 Married 53 Igbo Christian C/Servant 40,000 Waec Yearly 36 M 6 Married 35 Igbo Christian P/Servant - Degree Yearly 37 M 7 Married - Igbo Christian Business 80,000 Hnd Yearly 38 M 5 Married 47 Igbo Christian C/Servant 35,000 Ond Yearly 39 M 5 Marrird 41 Igbo Christian Business - Ond Yearly 40 F 4 Married 40 Igbo Christian C/Servant 45,000 Hnd Yearly 41 M 6 Married 44 Igbo Christian Business - Waec Yearly 42 F 7 Married 45 Igbo Christian - 178,000 Degree Yearly 43 F 7 Married 50 Igbo Christian Farming 37,000 Nce Yearly 44 M 6 Married 50 Igbo Christian Business - Degree Yearly 45 M 1 Single 36 Igbo Christian L/Pract 1000,000 Degree Yearly Appendix 4.1: Register of PAPs and Assets S/No Name Address PHONE SEX AGE NUMBER 1. M 53 2. M 48 3. M 44 4. M 5. M 52 6. M 45 7. M 54 8. M 55 49 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 9. M 41 10. M 37 11. M 49 12. M 53 Tenants S/N NAME SEX ADDRESS MARITAL AGE ETHNIC RELIGION OCCUPATN MONTHLY LAND RES STATUS GROUP INCOME USE TENURE 1 F Married 45 Igbo Xtianity C/Servant 500,000 Poultry Care Taker 2 F Married 26 Igbo Xtianity Trading 60,000 Tenant 2yrs 3 M Married 30 Igala Xtianity Driver 60,000 Tenant 8yrs 4 F Single 28 Igbo Xtianity Trading 40,000 Tenant 5yrs 5 F Single 32 Igbo Xtianity C/Servant 18,000 Tenant 6yrs 6 F Married 48 Igbo Xtianity Trading 40,000 Tenant 10yrs 7 M Single 30 Igbo Xtianity Trading 40,000 Tenant 10yrs 8 F Married 33 Igbo Xtianity Trading 15,000 Tenant 2yrs 9 F Single 22 Kogi Xtianity Trading 30,000 Tenant 2yrs 10 F Married 35 Igbo Xtianity C/Servant - Tenant Yearly 11 M Single 30 Igbo Xtianity C/Servant - Tenant Yearly 4.2 Inventory of Affected Land and Structures and the PAPs in Neros/Aquinas based on 15m setback from Gully Edge 2 S/n PAP Land m Affected Assets Nature of Building materials Remarks Total Affe Fence Use Amenities cted 1. 900.130 8.35m X Fence and 2 Occupied by M2 33m bedroom and 3 tenants who bedroom flat share the flats bungalow, Latrine, in rooms. bathroom and All Block work with corrugated Residential kitchen iron sheet roof 2. 2 Dwarf To be occupied fence with by owner’s 2 rooms household self All block work with aluminum roof contain Residential 4 bedroom flat and tiled floor 2 2 3. 1140M 15x19m Residential All block work with aluminum roof Occupied by and tiled floor with the compound owner’s Fence & and a covered with interlocking stones. household and duplex There is a security house a security man. 50 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka attached to the fence. 2 2 4. 2,700M 1350m Residential All block work with aluminum roof Occupied by and tiled floor for the main priests and Fence and a duplex building and block work and some workers. and a line up of corrugated iron sheet, and screed rooms floor for the BQ. 2 5. 4342.83 22X19M Residential 2 bedroom self Occupied by 2 6M contain Bungalow in owner three places All block wall household 2 6. 1,140M 15.7 Residential Occupied by 0X1 tenants. A 1.4 2 Rooms self contain relative and the 2 M Bungalow and a All block wall with corrugated iron caretaker owns Poultry. sheet roof the poultry. 2 7. 900M Residential A duplex with a All block wall with aluminum roof Occupied by basement, Latrine & and tiled floor. The compound owner Bathroom, Kitchen covered with interlocking stones household 8. 900.130 Residential 2 four bedroom flats All block wall with aluminum roof Occupied by 2 M and a three bedroom and tiled floor. The compound tenants. flat. covered with interlocking stones 2 9. 900M Residential 2 four bedroom flats All block wall with aluminum roof Occupied by and a three bedroom and tiled floor. The compound owner flat. covered with interlocking stones household 2 10. 1200M - 3 rooms and palour No occupant. at lintel level now Not accessible overtaken by the All block work at lintel level. No as at time of erosion and forest. roof and no German floor. assessment. 11. 1000 Empty land 2 12. 900M 34x15m Residential Occupied by Three Bedroom Flat All block wall with aluminum roof owner and a basement and tiled floor. household Total Affected Area Appendix 6.1: Entitlement S/no. ID/N PAP Name Address Compensation (N) Assistance o. Se Age land Crop Building (N) Total x Entitlement A Owners 1 M 53 0 2 M 48 0 51 RAP for Nerose Plaza-Thomas Aquinas Gully Erosion Intervention Site, Awka 3 M 44 0 4 M 0 5 M 52 0 6 M 45 0 7 M 54 0 8 M 55 0 9 M 41 0 10 M 37 0 11 M 0 12 M 0 Subtotal B Tenants 14 1 F 45 0 15 2 F 26 0 16 3 M 30 0 17 4 F 28 0 18 5 F 32 0 19 6 F 48 0 20 7 M 30 0 21 8 F 33 0 22 9 F 22 0 23 10 F 35 0 24 11 M 30 0 Sub-total Total 52 Appendix 6.2: PAPs identifications Appendix 7.1: Some of the Stakeholders Consulted and Summary of the Meetings 53 54