FEDERAL GOVERNMENT OF NIGERIA AGRO-CLIMATIC RESILIENCE IN SEMI-ARID LANDSCAPES (ACReSAL) PROJECT FINAL REPORT RESETTLEMENT POLICY FRAMEWORK (RPF) OCTOBER 2021 RESETTLEMENT FRAMEWORK Table of Content Page List of Tables vi List of Figures vi List of Acronyms and Abbreviations vii Definition of Key Terms ix EXECUTIVE SUMMARY xiii ES 1.0 Introduction and Project Description xiii ES 2.0 Principles and Objectives Governing Resettlement xv ES 3.0 Processes For Preparing and Approving Resettlement Plans xviii ES 4.0 Potential Impact, Risks and Mitigation Measures xix ES 5.0 Legal/Institutional Guidelines, Requirements and Principles Governing xx Resettlement ES 6.0 Entitlement and Eligibility Criteria xx ES 7.0 Methods of Assets Valuation and Compensation xxii ES 8.0 Grievance Redress Mechanism xxii ES 9.0 Consultations and Stakeholder Participation xxiii ES 10.0 Livelihood Enhancement and Restoration xxiv ES11.0 RAP/ARAP Coordination and Implementation Arrangement xxiv ES12.0 Monitoring and Evaluation xxv ES13.0 Institutional and Implementation Arrangements xxv ES 14.0 Funding Arrangement xxvi CHAPTER ONE INTRODUCTION AND PROJECT DESCRIPTION 1 1.1 Background 1 1.2 Proposed Project Development Objectives 2 1.2.1 Project Subcomponents Entailing Land Acquisition 6 1.3 The Project Area 8 1.3.1 The Agro-Ecological Dimension 8 1.3.2 Agriculture 10 1.3.3 Forestry 11 1.3.4 Local Administration, Language and Religion 13 1.3.5 Household Income, Ethnic Groups and Poverty Level 14 1.3.6 Land Use Pattern 14 1.4 Relevant Environmental and Social Standards to the Project 15 1.5 Rationale for Resettlement Policy Framework (RPF) 15 1.6 Objective of the Resettlement Policy Framework (RPF) 16 1.7 Technical Approach 17 1.8 Specific Methodology on Task Basis 17 CHAPTER TWO PRINCIPLES, AND OBJECTIVES GOVERNING 19 RESETTLMENT 2.1 Resettlement Principles 19 2.2 Objectives 19 2.3 Scope of Application of ESS5 20 CHAPTER THREE PROCESSESS FOR PREPARING AND APPROVING RESETTLEMNT PLANS 22 3.1 Screening and Preparation of RAP 22 3.2 Planning and Implementation 23 3.3 Census and Socio Economic Survey 23 3.4 Determining ESS 5 Applicability 24 RESETTLEMENT FRAMEWORK 3.5 Resettlement Action Plan 25 3.6 RAP Approval and Clearance 26 3.7 Disclosure Requirements 27 CHAPTER FOUR POTENTIAL IMPACTS RISKS AND MITIGATION 28 MEASURES 4.1 Project Affected Persons 28 4.2 Potential Impacts and Risks 4.3 Framework to avoid or minimize Impacts and Risks to the Success of 30 ACReSAL Project 4.4 Mitigation Measures 31 4.4.1 Identification and Assistance to Vulnerable Groups 32 4.4.2 Assistance to vulnerable persons 32 4.4.3 Provisions to be made in RAPs 33 CHAPTER FIVE LEGAL/INSTITUTIONAL GUIDELINES, REQUIREMENTS AND 34 PRINCIPLES GOVERNING RESETTLEMENT 5.1 Land Ownership in Nigeria 34 5.2 Nigerian Legal/Institutional Guidelines and Requirements 34 5.2.1 Land Use Act of 1978 and Resettlement Procedures 35 5.2.2 Requirements of the Land Use Act 35 5.3 Land Acquisition Procedures in Nigeria 35 5.4 The World Bank Environment and Social Standards 37 5.4.1 Objectives of ESS5 38 5.4.2 Applicability of ESS5 39 5.5 International Standards for Land Acquisition and Resettlement 39 5.6 Gap Analysis between Nigerian Law and World Bank ESS5 and Gap 43 filling Measures 5.7 Key Ingredients of the Review of Nigeria Legislation and the 46 International Policy on Involuntary Resettlement CHAPTER SIX ENTITLEMENT AND ELIGIBILITY CRITERIA 50 6.1 Principle 50 6.2 Eligibility Criteria and Proof for Individual and Household 51 Compensation 6.3 Eligibility for Community/Village/Clan Compensation 52 6.4 Methods to Determine Cut-Off Date 53 6.5 Common complications in the Application of Cut-off Date 54 6.6 Defining Entitlements and Preparing an Entitlement Matrix 54 CHAPTER SEVEN METHODS OF ASSETS VALUATION AND COMPENSATION 58 7.1 Methods of Valuation for Different Categories of Assets/Entitlements 58 7.2 Description of Key Valuation Approaches and Compensation Terms 58 7.3 Valuation Methods for Categories of Impacted Assets 58 7.4 Arrangements for Compensation 61 7.5 Procedures for Delivery of Compensation 63 CHAPTER EIGHT GRIEVANCE REDRESS MECHANISM 64 8.1 Introduction 64 8.2 Objectives of GRM 65 8.3 Informing Parties on Levels and Channels of Grievance Uptake 66 8.4 Setting up a Grievance Redress Mechanism 66 8.5 Membership of the Grievance Redress Committee (GRC) 66 RESETTLEMENT FRAMEWORK .6 Expectation When Grievances Arise 67 8.7 Grievance Redress Process 68 8.8 Financing of the Grievance Redress Mechanism and Cost of 69 Remediation 8.9 World Bank Grievance Redress Service (GRS) 71 CHAPTER NINE CONSULTATIONS AND STAKEHOLDER PARTICIPATION 72 9.1 Purpose of Stakeholders Engagement 72 9.2 Project Stakeholders and how they were identified 74 9.3 Summary of the Consultations held in selected States Visited 74 9.4 Plan for Future Consultations and Communication 78 9.5 Mechanism for Future Engagement/Consultation of PAPs 78 9.6 Tools for Consultation of Stakeholders 79 CHAPTER TEN LIVELIHOOD ENHANCEMENT AND RESTORATION 80 10.1 Introduction 80 10.2 Approach 80 10.3 Vulnerability Categories 81 10.3.1 Criteria 81 10.4 Vulnerability Assessment 82 10.5 Monitoring 82 CHAPTER ELEVEN RAP/ARAP COORDINATION AND IMPLEMENTATION 83 ARRANGEMENT 11.1 Overview 83 11.2 Capacity Need and Training 84 CHAPTER TWELVE MONITORING AND EVALUATION 86 12.1 Introduction 86 12.2 Internal Monitoring 86 12.3 External/Independent Monitoring 87 12.4 Monitoring and Evaluation Indicators 88 12.5 Annual Audit 92 12.6 Completion Audit 92 12.6.1 Annual Audit 93 CHAPTER THIRTEEN INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 94 13.1 Institutional Arrangement 94 13.2 Coordination and Implementation of this RPF and other Resettlement 95 Issues 13.3 Resettlement Activities and Implementation 100 13.4 Capacity Building 102 13.5 RAP Coordination with Civil Works 104 CHAPTER FOURTEEN FUNDING ARRANGEMENT 106 14.1 Budget and Financing 106 14.2 RPF and RAP Implementation Budget 107 14.3 Sources and Funding Arrangement 109 REFRENCES 100 RESETTLEMENT FRAMEWORK ANNEXES 112 ANNEX 1 QUESTIONNAIRE FOR RESETTLEMENT POLICY FRAMEWORK 112 AGRO-CLIMATIC RESILIENCE IN SEMI-ARID LANDSCAPES (ACReSAL) ANNEX 2 ELEMENTS OF PREPARING A RESETTLEMENT ACTION PLAN 116 ANNEX 3 SCREENING FRAMEWORK FOR CENSUS OF AFFECTED ASSETS AND AFFECTED PERSONS 119 122 ANNEX 4 A SAMPLE GRIEVANCE LOG ANNEX 5 MINUTES OF THE MEETINGS HELD WITH DIFFERENT STATES’ 125 NEWMAP SPMUS AND OTHER RELEVANT STAKEHOLDERS ON ACRESAL PROJECT ANNEX 6 SUMMARY OF STAKEHOLDERS’CONSULTATION MEETINGS ON 147 GENDER BASED VIOLENCE ANNEX 7 HARMONIZED COMPENSATION RATES FOR ECONOMIC TREES 155 AND CROPS IN NORTH – WEST GEO-POLITICAL ZONE ANNEX 8 PHOTO GALLARY OF STAKEHOLDERS CONSULTATION MEETINGS 159 HELD IN THE SOKOTO, NIGER, NASARAWA, KANO AND GOMBE STATES ANNEX 9 SAMPLES OF LIST OF PARTICIPANTS AT THE STAKEHOLDERS’ 163 CONSULTATION MEETINGS FOR THE PROPOSED ACRESAL PROJECT LIST OF TABLES Table ES1 Adverse Impacts and Affected Groups xviii Table 1 Project Impact and Baseline Assessment Methodology 21 Table 2 Types of Adverse Impacts and Potentially Affected Groups 28 Table 3 Gaps between Nigerian Law and World Bank ESS5 and Gap 43 filling Measures / Actions Table 4 Eligibility Criteria for Compensation 51 Table 5 Entitlement Matrix 54 Table 6 Method of Valuation 61 Table 7 Implementation Plan for Grievance Mechanism 70 Table 8 Summary of Consultation Meetings and FGDs 75 Table 9 Vulnerability Assessment Tool 81 Table 10 Institutions and their Social Safeguard Responsibilities 83 Table 11 Process of monitoring of projects 89 RESETTLEMENT FRAMEWORK Table 12 Indicators to monitor and evaluate the implementation of 91 resettlement and compensation plans. Table 13 Resettlement Activities and Responsible Party 100 Table 14 Training /Capacity building focus 103 Table 15 Major Component Tasks and Schedule for the RAP Implementation 105 and Linkage with Civil Works Table 16 Resettlement Cost Estimation 106 Table 17 Indicative Outline of a RAP Budget 108 Table 18 Cost Assumptions 108 LIST OF FIGURES Figure 1 Eco-climatic zones of northern Nigeria 9 Figure 2 Subdivisions of Agro-ecological Subzones of Nigeria 10 LIST OF ABBREVIATIONS AND ACRONYMS ACReSAL Agro-Climatic Resilience in Semi-Arid Landscapes AIDS - Acquired Immunodeficiency Syndrome ARAP - Abbreviated Resettlement Action Plan BPE - Bureau of Public Procurement CA - Conservation Agriculture COVID-19 - Corona Virus Disease 2019 CBOs - Community Based Organizations CSOs - Civil Society Organizations DAI - Disclosure and Access to Information DP - Displaced Persons EA - Environmental Assessment ESF - Environmental and Social Framework ESIA - Environmental and Social Impact Assessment ESMF - Environmental and Social Management Framework ESMP - Environmental and Social Management Plan ESSs - Environmental and Social Standards FGN - Federal Government of Nigeria RESETTLEMENT FRAMEWORK FMEnv - Federal Ministry of Environment FGD - Focus Group Discussion FMWR - Federal Ministry of Water Resources GBV - Gender Based Violence GEM - Growth and Employment GHGs - Green House Gases GIS - Geographic Information System GRC - Grievance Redress Committee GRM - Grievance Redress Mechanism GRS - Global registered Share Ha - Hectare HIV - Human Immunodeficiency Virus IDA - International Development Association ICP - Investment Climate Program ICT - Information and Communication Technology IPR - Intellectual Property Rights ITES - Information Technology Enabled Services LGA - Local Government Authority LPRES - Livestock Productivity and Resilience Support Project M&E - Monitoring and Evaluation MDAs - Ministries Departments and Agencies NDVI - Normalized Difference Vegetation Index NEWMAP - Nigeria Erosion and Watershed Management Project NDC - Nationally Determined Contribution NGO - Non-Governmental Organization Non IPV - Non-Intimate partner violence OVC - Orphan and Vulnerable Children PAP - Project Affected Person PDO - Project Development Objective PIM - Project Implementation Manual PWDs - Persons with Disabilities FPMU - Federal Project Management Unit RAP - Resettlement Action Plan ROW - Right of Way RPF - Resettlement Policy Framework SEA - Sexual Exploitation and Abuse SH - Sexual Harassment SLM - Sustainable Land Management RESETTLEMENT FRAMEWORK SPMU - State Project Management Unit SSI - Semi Structured Interview STIs - Sexually Transmitted Diseases WB - World Bank SMOEs - State Ministry of Environment DEFINITION OF KEY TERMS Word / Term Definition Adoption A change of practice or change in the use of a technology promoted or introduced by the project. These technologies, practices and systemic approaches are envisaged to strengthen the absorptive, adaptive and transformative capacity of people, assets and systems with interlinked actions at farm level, along food value chains and at landscape level. Asset A complete count and description of all property that will be acquired. Inventory Bank World Bank Bunds Stone or earthen bunds form a barrier that slows down water runoff, allowing rainwater to seep into the soil and spread more evenly over the land. This slowing down of water runoff helps with building-up a layer of fine soil and manure particles, rich in nutrients. Catchment/ Any surface area from which runoff resulting from rainfall is collected and drained Watershed through a common point. It is synonymous with a drainage basin or catchment area. Catchment Management and conservation of all available natural resources in a management comprehensive way. It provides an effective framework for integrating different land-use and livelihood systems (e.g. forestry, pasture and agriculture), using water as the “entry point� in the design of interventions. Census Official enumeration and collection of demographic information of people and individuals in the sub-project locations of the Project. Children All persons under the age of 18 years according to international regulatory standard (convention on the rights of Child 2002). Community A group of individuals broader than households, who identify themselves as a common unit due to recognized social, religious, economic and traditional government ties or shared locality Compensation Payment in cash or in kind for an asset or resource acquired or affected by the project. Conservation A set of soil management practices that minimize the disruption of the soil's agriculture structure, composition and natural biodiversity. CA has proven potential to improve crop yields, while improving the long-term environmental and financial sustainability of farming. Critical water Infrastructure and associated water resources (small dams, reservoirs, water supplies drainage systems, etc.) in arid and semi-arid regions that are critical for human and livestock uses and are at risk of sedimentation from land degradation within the surrounding catchment. RESETTLEMENT FRAMEWORK Cut - off Date A day on and beyond which any person who occupies land or assets, or constructs assets on land, required for project use, will not be eligible for compensation. The date is often the day when the assessment of persons and their property in the project area commences Displacement Removal of people from their land, homes, farms, etc. as a result of a project's activities. Displacement occurs during the involuntary taking of lands and from involuntary restriction or access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of PAPs. Eligibility Definition of displaced persons and criteria for determining right for compensation and other resettlement assistance, including relevant cut-off dates. Entitlements The benefits set out in the resettlement instrument (e.g. ARAP, RAP etc.), including financial compensation and other forms of assistance provided to displaced persons in the respective eligibility category. Environmental An environmental assessment instrument (document) which establishes a and Social mechanism to determine and assess future potential environmental and social Management impacts of productive investments under the proposed NEWMAP project, and Framework then to set out mitigation, monitoring and institutional measures to be taken during (ESMF) design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument has been prepared as a separate and stand-alone document to be used in conjunction with the RPF. Grievance The processes established (a) under law, local regulations, or administrative Procedures decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement, as well as (b) specific grievance processes put in place as part of the design of a project. Host Communities receiving resettled people as a result of involuntary resettlement Communities activities Implementation The implementation schedule that outlines the time frame for planning, Schedule implementation, and monitoring and evaluation of the RAPs for sub- projects, if applicable. Involuntary Resettlement is involuntary when it occurs without the informed consent of the Resettlement displaced persons or when consent is given without having the power to refuse resettlement. Land The process whereby a person is compelled by a public agency to alienate all or Acquisition part of the land he/she owns or possesses, to the ownership and possession of that agency, for public purpose in return for a consideration. Lost Income Lost income opportunities refers to compensation to project affected persons for Opportunities loss of business income, business hours/time due to project Market Rate Highest rate over the last five years based on commercial terms. Market Value The most probable selling price or the value most often sought by buyers and sellers. It assumes buyers and sellers have reasonable knowledge, act competitively and rationally are motivated by self-interest to maximize satisfaction and both act independently and without collusion, fraud or misrepresentation. Physical A loss of residential structures and related non-residential structures and physical Displacement assets because such structures / assets are located in the project area. Private Persons who have legal title to structures, land or other assets and are property accordingly entitled to compensation under the Land Act. owners Project A person that loses assets and/or usage rights and/or income generation Affected capacities (e.g., land, structure, crops, businesses) because these Person (s) assets/rights/capacities are located in land to be acquired or used, for needs of the project. Not all PAPs are displaced due to the Project, but all are potentially affected in the maintenance of their livelihood. Project- A community that is adversely affected by the project. Affected Community Rehabilitation The provision of development assistance in addition to compensation such as Assistance land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons and Displaced Persons to improve their living RESETTLEMENT FRAMEWORK standards, income earning capacity and production levels; or at least maintain them at pre-Project levels Replacement The amount of compensation that would have to paid to replace an asset Cost including all cost associated with replacement of asset displaced by the ACReSAL project at the present time, according to its current worth. Resettlement The present document which is the overall Policy Framework for Compensation, Policy Resettlement and Rehabilitation of Project Affected Persons for the ACReSAL Framework Project. The Policy Framework describes the process and methods for carrying (RPF) out resettlement under the Project, including compensation, relocation and rehabilitation of project affected persons. Resettlement The resettlement action plans prepared for specific micro-projects. It is a Action Plan resettlement instrument to be prepared when project activities are identified, that (RAP) require land acquisition that leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. The RAP is prepared by the party impacting people and livelihoods in this manner and contains specific and legal binding requirements to be taken by that party to resettle and compensate the affected party before project activities causing this adverse impact are implemented. Resettlement The measures taken to mitigate any and all adverse impacts of the Project on PAP's property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation Resettlement Support provided to people who are physically displaced by a project. This may Assistance include transportation, food, shelter, and social services that are provided to affected people during their resettlement. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. Resilience The ability of people, assets, and systems in targeted landscapes to anticipate, respond to and recover from climatic hazards. Resilience-building involves strengthening three specific capacities: (i) absorptive capacity: the ability to prepare for, mitigate, or prevent negative impacts of climate hazards so as to preserve and restore essential basic structures and functions; and (ii) adaptive capacity: the ability to adjust, modify or change characteristics and actions to moderate potential future impacts from hazards so as to continue to function without major qualitative changes; and (iii) transformative capacity: the ability to create a fundamentally new system so as to avoid negative impacts from hazards. Resilience- A combination of at least two technologies and practices (agronomic, vegetative, enhancing’ structural, and management measures) to prevent further degradation and landscape restore already degraded lands; enhance resilience of both farmers and management landscapes; improve agricultural productivity and protect watersheds. practices Restrictions on limitations or prohibitions on the use of agricultural, residential, commercial or Land Use other land that are directly introduced and put into effect as part of the project. These may include restrictions on access to legally designated parks and protected areas, restrictions on access to other common property resources, restrictions on land use within utility easements or safety zones. Right of Way Right to make a way over a piece of land, usually to and from another piece of land. Security of Means that resettled individuals or communities are resettled to a site that they Tenure can legally occupy, where they are protected from the risk of eviction and where the tenure rights provided to them are socially and culturally appropriate. In no event will resettled persons be provided tenure rights that are in effect weaker than the rights they had to the land or assets from which they have been displaced. “Special This refers to special efforts provided to the vulnerable physically challenged assistance� to persons such as those with blindness, paralysis, difficulties with locomotion, vulnerable incapacity to work, etc., who are ill prepared but displaced by the project. The people “special assistance� must be given by qualified persons/relatives/agencies, who RESETTLEMENT FRAMEWORK can help care for an invalid, providing transitional support (e.g. moving expenses, temporary food supply, etc.). Squatters Squatters are landless household squatting within the public / private land for residential and business purposes. Stakeholders Stakeholders are people, groups, or institutions, which are likely to be impacted (either negatively or positively) by the proposed Project interventions or those who can influence the outcome of the Project. Sustainable An approach to agriculture that has three pillars: (a) sustainably increasing Land agricultural productivity and incomes; (b) adapting and building resilience to Management climate change; and (c) reducing and/or removing GHGs emissions, where possible Voluntary Land Communities or individuals may agree to voluntarily provide land for sub-projects Donation for desired community benefits with “informed consent and power of choice. Vulnerable People who may by virtue of gender, ethnicity, age, physical or mental disability, Persons economic disadvantage or social status are more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits. EXECUTIVE SUMMARY RESETTLEMENT FRAMEWORK ES 1.0 Introduction and Project Description Climatic variability and anthropogenic activities such as deforestation, extensive cultivation, overgrazing, cultivation of marginal land, bush burning, fuel wood extraction, charcoal production, faulty irrigation systems and urbanization are some of the major causes of desertification. Among the anthropogenic factors are poor land management, inadequate farming techniques and over-cultivation, overgrazing and the removal of natural vegetation; misuse of water resources; and poor environmental and ecosystem management. As in many other parts of the world, droughts-affected areas in Nigeria are characterized by low rainfall and high rainfall variability, high evaporation and potential evapotranspiration rate, Decline in quality of life, partly because of the decline in the quality of the rural communities is another significant impact of drought and desertification. This decline in rural communities is partly caused by lack of food security, lack of water security, lack of sustained availability of fuel and fodder and inadequate income generation. Crop failures are also significant impacts of drought and desertification on agriculture. These result in severe food shortages, rising prices of food, and possibly famine. The northern-most savanna region (Sahel) mainly in the far north-east of the country, is characterized by open grasslands and desert with tree cover less than ten percent. The Sudan savanna region is further south and has similar features but with tree cover up to 20 percent. The next two savanna agro-ecological zones (Northern and Southern Guinea) cover the balance of the northern states feature open woodland and grasses on 15-25 percent of the landscape. The fifth and southern-most Derived savanna agro-ecological zone covers most of the north-central states, where tree cover can reach 30 percent. Desertification following land disturbance and erosion is causing the drier savanna eco-systems in the north to expand southward, exacerbated by climate change. Hence, the Federal Government of Nigeria (FGN) has requested the World Bank assistance to support the preparation and implementation of Agro-Climatic Resilience in Semi-Arid Landscapes in Northern Nigeria. The proposed ACReSAL will support Government to restore 1million (25%) of a myriad of degraded landscapes in Northern Nigeria. The project will also help lift about 10,000,000 people out poverty from the Federal Government of Nigeria target of 100 million Nigerians. In addition, the program aligns with the Great Green Wall program. The proposed project will target selected States in arid and semi-arid area. The arid to semi-arid States are located in the Sahel, Sudan Guinea Savanna and Southern Guinea Ecosystem, characterized by dry-semi- arid conditions, low precipitation, and sparse vegetative cover. An integrated and participatory catchment management approach will be the operating framework for project implementation at field level. The proposed credit amount is US$ 700 million. As currently designed, the project is structured around four components, namely: Component A. Dryland Management. This component will implement integrated watershed management planning and addresses challenges of large-scale watershed degradation in northern Nigeria. It will support the following subcomponents:A1: Strategic Watershed Planning A2: Landscape Infrastructure. This subcomponent is expected to entail land acquisition. A3: Special Ecosystems Component B: Community Climate Resilience. This Component seeks to support communities to be more resilient and communities and household needs targeted investments to put new approaches into effect. It will support the following sub-components activities: RESETTLEMENT FRAMEWORK B1: Community Strengthening B2: Community Investments: This subcomponent is expected to entail land acquisition Component C: Climate Change Institutional Strengthening and Project Management. This component includes investments to improve the enabling institutional and policy foundation for multisectoral integrated landscape management, climate resilence, as well as support project management. This will include the following sub-components: C1: Institutional and Policy Strengthening C2: Project Management Component D: Contingency Emergency Response: This is a component that could be used as necessary to provide immediate support to an eligible crisis or emergency. The Project is classified as High Risk after considering, in an integrated manner, the risks and impacts of the Project. For this project, eight Environmental and Social Standards (ESSs) apply (i.e. all ESS except for ESS 7 and ESS9). Prior to project appraisal, there is need for the assessment of possible resettlement/displacement risk of the project at a broader level and considering that the Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL) is still at the preparatory stage and the details of the sub-projects (volume, scope, scale and/or actual nature of activities, etc.) are not known at this stage, it is therefore not possible in this situation to prepare a Resettlement Action Plan (RAP) or an Abbreviated Resettlement Plan (ARAP). Therefore, this Resettlement Policy Framework is prepared as a stand-alone document to provide guidance, and a procedure and process for preparing ARAP/RAP which may be carried out when the subcomponents’ locations are known and more detailed information on subcomponents becomes available. Other stand-alone safeguards documents prepared along with this RPF are the Environmental and Social Management Framework (ESMF) to provide guidance for addressing potential environmental and social impacts that may result from civil works, the Stakeholders Engagement Plan (SEP), the Labour Management Procedure (LMP), the Security Risk Assessment and Management Plan (SRA) and the Integrated Pest Management Plan IPMP). The RPF will provide planning and technical guidance during RAP preparation to address resettlement related risks and impacts. The Resettlement Policy Framework clarifies resettlement principles, organizational arrangements and design criteria to be applied during RAP implementation. Sub-project resettlement plans consistent with the RPF will subsequently be submitted to the Bank for approval after specific planning information becomes available. It should be noted that the policy is designed to mitigate direct social and economic harm caused by subproject land acquisition for its activities which will likely to result in economic and land physical displacements. This RPF is prepared in line with the requirement of the ESS5: Land acquisition, Restriction of land use and Involuntary Resettlement; and ESS10: Stakeholder Engagement and Information Disclosure. The RPF also referred to Government of Nigeria’s legal and institutional requirements. All identified gaps between these two requirements were clearly captured, and explanation given on how these gaps will be filled. The RPF shall serve as a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs) for sub-projects during the implementation of the comprehensive Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL).It is vital to RESETTLEMENT FRAMEWORK note that for each subproject supported under the Project that involves land acquisition or relocation of people, a separate Resettlement Action Plan (RAP) satisfactory to the Bank is required prior to signing a work order. RPF provides basic and binding principles that will be applied in all such situations. Basic principles state that: • If possible, all resettlements should be avoided exploring viable alternatives in Project design; • If this proves to be impossible, all adverse effects should be rendered to the barest minimum; • When unavoidable adverse effects and social impact occurs, all loss of property shall be compensated at full replacement costs or for land value “land for land� entitlement and Project Affected Persons (PAPs) livelihood restored at least to the level before the Project implementation if not better. • PAPs will be assisted in all phases of the project in their effort in livelihood restoration and living standards in real terms to the level prior to project implementation and resettlement or better. • All resettlement needs to be managed in accordance with national laws, ESS5 and ESS10, accepted international best practices and the basic principles of this document. • Special support and concern in resettlement process and during complete project implementation under this RPF is provided for affected vulnerable groups according to their specific vulnerability; • RAP will be prepared for all cases of resettlement under each sub-project. All resettlement activities should be conceived as sustainable development providing sufficient investment resources to enable principles and goals of resettlement defined by this RPF and RAPs. All relevant resettlement activities shall be part of the project cost and will be reflected in the project financing table of the PAD. ES 2.0 Principles, and Objectives Governing Resettlement Implementation of ACRESAL may potentially result in utilization of land and loss of access and property which might cause involuntary resettlement. Components’ A and B activities may require land that will likely affect. people in many ways. Those affected will have to be promptly. compensated for their loss of (land, property, or access) either in kind or in cash. The implementing agency and SPMUs will ensure that people or communities affected by Components’ A and B are fully and promptly compensated and/or resettled before commencements of civil works as required by ESS5. The applicability of ESS5 is established during the environmental and social assessment described in Environment and Social Standards 1 (ESS1). This ESS applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation. ESS5 applies to all components of the ACRESAL that result in involuntary resettlement, land acquisition and land access restriction, regardless of the source of financing. It also applies to other activities resulting in involuntary land acquisition and land access restriction, that in the judgment of the Bank, are a) directly and significantly related to the Bank-assisted project, b) RESETTLEMENT FRAMEWORK necessary to achieve its objectives as set forth in the project documents, and c) carried out, or planned to be carried out, contemporaneously with the project. The State Project Management Unit will ensure that where land acquisition is unavoidable for implementation of subcomponents A and B activities, this RPF will guide the preparation and implementation of Resettlement Action Plans (RAPs). ES 3.0 Processes for Preparing and Approving Resettlement Plans On completion of the detailed engineering designs, if the screening of the sub-project indicates involuntary resettlement impacts, a Resettlement Action Plan shall be prepared based on a census of the Project Affected Persons (PAPs) and socio-economic survey of PAPs. The census and socio-economic surveys of the project affected persons will be undertaken for every sub-project involving involuntary resettlement, to determine the magnitude of displacement and prospective losses, identify vulnerable groups for targeting, ascertain costs of resettlement, and prepare a Resettlement Action Plan for implementation. The project impacts, socio-economic and baseline conditions will be assessed based on the outcome of census, socio-economic survey and consultations with all directly and indirectly affected households. The impact and socio-economic conditions will be carried out both at household and community levels through various field surveys and stakeholder’s consultation meetings. The census and socio-economic survey shall be carried out using a structured questionnaire to record the details of the present occupants of land being acquired, their tenure status (primary land user or secondary land user), and the extent of land required for the proposed improvements. The instruments for data collection will contain an inventory of losses of each affected household, which will include details of potentially affected structures (i.e. houses), agricultural land, trees and other assets belonging to each household. The survey will also include inventory of businesses/ commercial structures as well as public and community structures. Where land acquisition or restrictions on land use are unavoidable, ACReSAL Project will, as part of the environmental and social assessment, conduct census, inventory of losses (IOL) and socio-economic survey (SES) to identify the persons who will be affected by the project, to establish an inventory of land and assets to be affected, to determine who will be eligible for compensation and assistance, and to discourage ineligible persons, such as opportunistic settlers, from claiming benefits. The social assessment will also address the claims of communities or groups who, for valid reasons, may not be present in the project area during the time of the census, such as seasonal resource users. As part of socio-economic survey, a wide range of consultations with different impacted groups as well as other stakeholders will be conducted to ascertain their views and preferences. Based on the outcome of these consultations the design changes, if required, and mitigation measures will be incorporated. Consultations will include women and their concerns and reactions, in particular to land tenure, livelihood impacts, delivery of compensation, and resettlement planning, will be addressed through appropriate mitigation plan. The Resettlement Action Plans will be prepared based on the findings of the census and socio-economic survey and consultations. It will include the findings of the census of project affected persons, and their entitlements to restore losses, socio economic characteristics of RESETTLEMENT FRAMEWORK the project affected persons, institutional mechanisms and implementation schedules, budgets, assessment of feasible income restoration mechanisms, allotment of land from land reserve and issue of land users’ certificate, development of resettlement sites and relocation, grievance redress mechanism, coordination of implementation in conjunction with civil works procurement and construction schedules and monitoring mechanism. The Resettlement Action Plans will comply with the principles outlined in this RPF adopted for the project. The RAP for sub-projects will be reviewed and endorsed by the World Bank and approved by the SPMU prior to invitation of bids for civil works. Allotment of land, disbursement of compensation payments and entitlements will be made prior to displacement and prior to handing over of the land parcels to contractors. This RPF shall be disclosed in-country to the general public for review and comment at designated locations in the participating States and in World Bank external website. The final list of sites approved by the States, the process of selection of the sites, and the RAPs/ARAPs are all subject to final review and clearance by the World Bank in order to ensure compliance with ESSs requirements. Individual RAPs that shall be prepared for each sub-project shall be based on the guidelines and procedures highlighted in this RPF and shall also be disclosed in the same manner as this RPF. ES 4.0 Potential Impacts Risks and Mitigation Measures In the context of this RPF, Project Affected Persons (PAPs) are those who stand to lose as a consequence of Subcomponents A2 and B2 interventions, all or part of their assets, including homes, communities, productive lands, resources such as forests, fishing areas or important cultural sites, commercial properties, tenancy, income-earning opportunities as well as social and cultural networks and activities. Such impacts may be permanent or temporary. This might occur through land expropriation and include restricted or reduced access to legally designated fishing areas, wetlands and protected areas. At this stage of ACReSAL preparation, accurate figures with regard to the amount of land- space to be used, exact location of and actual sub-project activities, and numbers of affected peoples, are not available. The socio-economic study/survey during RAPs/ARAPs preparation will provide more information on physical resettlement, social conditions of the potentially affected persons and even estimates before sub-project implementation. The potential risks and impacts associated with the project may include: (i) land acquisition, along the expanded Right-of-Way (RoW); (ii) permanent and/or temporary physical displacement of residential and commercial households HHs including the Common Property Resources (CPR); (iii) temporary economic displacement of some vendors and businesses along the RoW and in market areas where some rural roads will be constructed and/or rehabilitated; (iv) Loss of economic trees and crops; (iv) risk of GBV and road accidents. However, the overall impacts are expected to be positive. A summary of potential impacts and risk under ACReSAL components is given in Table ES1. RESETTLEMENT FRAMEWORK Table ES1: Adverse Impacts and Affected Groups No Type of Impact Description of Potential Impact Affected Group 1 Loss of fallow Acquisition of land for the project may Land owners, tenants, and agricultural affect agricultural land, fallow land and all squatters, farmers Land land owned and/or used for varying (livestock & crop), livelihood purposes pastoralists, hunters 2 Land use It is not inconceivable that land acquisition Farmer groups, alteration, will deplete reasonably the available land community and land depletion and for different land use and will trigger high users high cost for cost of land and conflict over land use land 3 Displacement Possible cases of involuntary resettlement Communities and will occur. This could alienate the people settlers from their associations, cultures and kinsmen 4 Loss of grazing Land clearing /use will deny herdsmen the Settled cattle herders ground pastoral grounds and pastures for their and transit pastoralists livestock and livelihoods 5 Loss of common Land acquisition and restriction is Vulnerable group, natural property expected to result to loss or disturbance to (women, children, common natural resources such as water physically challenged, bodies, forest materials, fisheries and aged) hunters, wildlife farmers 6 Loss of building Civil works and vegetative interventions Landlords, tenants, and aimed at construction and rehabilitation squatters, farmers Structures small - medium size dams, rebuilding and (livestock & crop), strengthening basic community pastoralists, hunters infrastructure including water point improvement, small-scale solar installations and common market infrastructure, etc. is expected to result to loss of buildings and structures. 7 Loss of sensitive This may range from artefacts to shrines Community cultural heritage and grave yards 8 Local conflicts Issues of compensation benefits may Host communities, result to conflicts among kinsmen and migrant workers, neighbours. The migration of strangers investors induced by the project development may also result to conflict between the host communities and migrants 9 Grievances, These impacts are envisaged as fallout of Farmers, government, court cases and poor implementation of involuntary community social unrest resettlement or due to dissatisfaction by the PAPs. It may not only affect the community but may stall project implementation and sustainability RESETTLEMENT FRAMEWORK 10 Residual loss of Some groups of persons may suffer Elderly, Widows and livelihood and adverse impacts more than others due to most poor female assets their physical incapacitation, age and headed households, gender. Also, certain people in crisis internally displaced affected areas may have relocated and persons may not return to participate in the RAP process until cut-off date. 11 Gender Based Violence, intimidation, sexual abuse, Women and girls Violence and forced prostitution by migrant workers or Sexual possibly by men of same households by Exploitation extra incomes from compensations. (GBV/SEA) 12 HIV/AIDs and Same as above Women and girls Other Transmittable Diseases. 13 Labour Potential migration of workers that might Youth, women, girls Influx/Child create conflict and other social ills with and children and/or Forced host communities. And potential use of Labour under age children for unsafe labour at the project sites. 14 Elite Capture Potential project benefits being high Women, Illiterate jacked by few elites. Farmers, vulnerable groups. ES 5.0 Legal/Institutional Guidelines, Requirements and Principles Governing Resettlement The Land Use Act, Cap 202, 1990 Laws of the Federation of Nigeria is the applicable law regarding ownership, transfer, acquisition and all such dealings on Land. The review of the legal documents considered the entitlement and eligibility criteria in cases of losses of assets including land, economic trees structures, employment and loss of businesses. Similarities and diversities on processes to be followed in land acquisition and displacement of persons, rates of compensation, entitlement structure, etc. In the event of divergence between the Nigeria Legislation and the World Bank Environmental and Social Standards, the more stringent and pro-poor law is to be followed in the implementation of this project. Since October 2018, all World Bank funded Investment Project Financing (IPF) is required to follow the Environmental and Social Framework (ESF) consisting of ten (10) Environment and Social Standards (ESSs). These ESSs set out their requirement for the borrowers relating to the identification and assessment of environmental and social risks and impacts associated with any project. The ESSs support the borrowers in achieving good international practice relating to environmental and social sustainability, assist them in fulfilling their national and international environmental and social obligations, enhance transparency and accountability and ensure sustainable development outcome through ongoing stakeholder engagement. RESETTLEMENT FRAMEWORK Among the 10 standards, ESS5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons. ACReSAL Project has prepared this RPF following the guidelines suggested under ESS5. ES 6.0 Entitlement and Eligibility Criteria The ACReSAL Project will support improvements in a myriad of degraded landscapes in Northern Nigeria through supporting efforts to manage water and wind erosion, improving soil carbon, manage overgrazing, diversification of shrub, tree, and medicinal plant species and agroforestry, etc.), protect surface and ground water sources, and facilitating alternative livelihoods away from water-intensive crops (including photovoltaic agriculture), alternative/sustainable energy systems, and unsustainable land and water management practices. Of the ten Environmental and Social Standards, eight (namely ESS 1, 2, 3, 4, 5, 6, 8 and 10) are relevant for the ACReSAL project along with OP. 7.50. Sub-projects may require sizable area of land and may lead to loss of assets and access to private livelihoods. Therefore, to meet the ESS5 requirements, the project is required to prepare and disclose a Resettlement Policy Framework (RPF) prior to appraisal to address issues which may arise from physical and economic displacements and or restriction of access to and/or use of communal natural resources. The RPF will ensure that prior to implementation of any subproject activities, Project-Affected People (PAP) are consulted, and appropriate mitigation measures are exhaustively considered; and if needed, site specific Resettlement Action Plan (RAP) commensurate to the scope of impact will be prepared. The RPF stipulates eligibility and provisions for compensating all types of losses (land, crops/trees, structures, business/employment, and workdays/wages). All eligible PAPs including non-titled or informal dwellers will be compensated for lost assets (crops, structures, trees and/or business losses) and will receive (i) compensation (as required, to match replacement value), and/or (ii) replacement land, structures, seedlings, other resettlement assistance such as shifting allowance, assistance with rebuilding structures, compensation for loss of workdays/income. Each PAP or entity will be considered eligible for compensation under the following eligibility criteria - PAPs or entity who: i) have. formal legal rights to land or assets, ii) do not have formal legal rights to land or assets but have a claim to land or assets that is recognized or recognizable under national law and, iii) have no recognizable legal right or claim to the land or assets they occupy or use if PAPs or the entities have been occupying the land prior to the census cut-off date. The classifications of PAPs who are entitled to compensation under the Project include: • Persons whose structures are in part, or in total, affected temporarily or permanently by the Project; • Persons whose residential or commercial premises and/or agricultural land (or other productive land) is in part, or in total, affected (permanently or temporarily) by the Project; • Persons whose businesses are affected in part, or in total, (temporarily or permanently) by the Project; RESETTLEMENT FRAMEWORK • Persons whose employment or hired labor or share-cropping agreement is affected, temporarily or permanently, by the Project; • Persons whose crops (annual and perennial) and/or economic trees are affected in part, or in total, by the Project; • Persons whose access to community resources or property is affected in part, or in total, by the Project. Other than PAPs any entities affected by the project within the RoW are entitled to the compensation. If any Common Property Resources (CPR) are affected or unavoidable, before affecting any CPRs all compensation must be paid to ensure that affected CPRs are reconstructed before dismantling. For example, if any schools are affected by the project, a new school must be constructed before demolishing the affected school. Some of these socially sensitive CPRs (churches, mosques, temples and graveyards) cannot be acquired by the Project. Only with community consultations and consent, these can be purchased and relocated. If these are not possible, the Project will have to by-pass these structures and choose an alternative RoW. ES 7.0 Methods of Assets Valuation and Compensation Arrangement The valuation procedures of all assets that will be affected will be conducted by a qualified civil engineer/valuer/surveyor. Compensation for loss of income and assets will be at full replacement cost such that the PAPs will experience no net loss and valuation methods have been developed for this. Project affected persons, communities, NGOs and relevant stakeholders shall participate in the valuation and resettlement/rehabilitation processes. The specific plans/mechanisms for consultation participation will be detailed in the RAP and shall include resettlement committees for PAPs and communities. Reliable estimates of the number of potential project-affected people are not possible to make at this point because of the uncertainty as to the locations and hectares of land that will be required for the project activities across the project areas. For each sub-project which might require physical resettlement / land acquisition, the number of PAPs will be established through RAPs which will be elaborated before sub-project implementation. Impacts that cannot be avoided will be addressed via adequate compensation and will be determined via social assessment during ARAP/RAP preparation stage. Specific mitigation measures will be determined during RAP preparation and may include the following: • Adequate and timely consultation of PAPs; • Adequate compensation of PAPs in line with the entitlement matrix in the RAP report. • Compensation of PAPs before the implementation of the project. • Income restoration measures to ensure that PAPs are restored to livelihoods and, • Training and sensitization of PAPs on livelihood program to ensure that they remain on sustainable footprint of livelihood. ES 8.0 Grievance Redress Mechanism The RPF acknowledges the need for setting a grievance redress mechanism to address and resolve complaints that will result from involuntary resettlement or from other project related complaints. As experienced in past projects, complaints and grievances may range from disputes over ownership and inheritance of the acquired lands to affected persons and assets RESETTLEMENT FRAMEWORK missed by censuses, the valuation of affected assets, compensation entitlements, complaints against noise, pollution, accident, GBV and other social and environmental issues. In view of this, ACReSAL will establish a procedure to deal with and resolve any queries as well as address complaints and grievances about any irregularities in the application of the guidelines adopted in this RPF for assessment and mitigation of social and environmental impacts through grievance redress mechanism (GRM). The GRM will deal with complaints and grievances related to both social/resettlement and environmental issues in this Project. Grievance redress committees (GRC) will be formed to receive and resolve complaints as well as grievances from aggrieved persons from the local stakeholders including the project- affected persons. Based on consensus, the procedure will help to resolve issues/conflicts amicably and quickly, saving the aggrieved persons from having to resort to expensive, time- consuming legal actions. There will be 3 levels at which aggrieved PAPs or grievant can channel their complaints for redress. These shall include 1) the project site level, 2) the project management unit level and 3) the state project steering committee level. It is however, the right of the PAP to take a matter to the court of law as the final arbiter if he/she felt dissatisfied with the resolution(s) obtained from the grievance redress mechanism set up by this Project. ES 9.0 Consultations and Stakeholder Participation During preparation of the RPF, the consultants visited selected sample states, namely Sokoto, Niger, Nasarawa, Kano and Gombe to consult with relevant stakeholders build trust, legitimacy, harness inputs and concerns that will help the implementation of the project and provide useful guides for subsequent consultations during the stage of preparation of site- specific RAPs/ARAPs by the respective participating states. During the consultations with different stakeholders, they opined that ACReSAL Project will address the issues of desertification, land degradation as well as dramatically improve the living standards and livelihood opportunities of local people with local economy and socio-cultural environments, trade and commerce, transport development, infrastructure expansion, establishment of small and medium scale industries and urbanization. Consultation is key to the success of the project. Consultations with affected people and communities are the starting point for all resettlement related activities. Experience indicates that involuntary resettlement generally leads the affected population to facing severe problems in the socio-economic life making them apprehensive towards the Project. This Project aims to provide a two-way communication channel between the stakeholders and the Federal Government of Nigeria. In keeping with the same, the process of public consultation and participation in the project was initiated in the preparation of this RPF and will continue all through the project implementation phase. During preparation of RPF, ACReSAL has conducted two (2) consultation meetings with different stakeholders in each of the five states visited, namely Sokoto, Niger, Nasarawa, Kano and consultations held at this stage showed that stakeholders are happy with the project. The consultation meetings facilitated stakeholders’ understanding of how they might be affected by the project and their potential roles in project implementation and impact management. Again, it provided opportunities for stakeholders to express their opinions and concerns in relation to the project and for these opinions and concerns to be considered in the management decisions and for the implementation of the project. ES 10.0 Livelihood Enhancement and Restoration RESETTLEMENT FRAMEWORK The Goal of the Livelihoods Restoration Program is the sustainable livelihood of vulnerable PAPs and households. The definition of vulnerable PAPs in this RPF include the elderly (aged PAPs of 65 years and above), female headed households affected by the project, widow/widowers, orphans, persons with disabilities and the poorest among PAPs defined as those to whom the affected asset represent their only or major source of livelihood. The following measures will ensure that vulnerable livelihoods are restored or even improved compared to what existed before project implementation. The basic approach to be used includes: • Establishing local skills and identify gaps in community skill base; • Establishing pre-project livelihood activities and access to finance; • Establishing potential livelihood activities associated with the Project; • Providing choice to impacted households on livelihoods training ensuring local capacity for food security; • Providing training and sensitization for local households; • Providing management and oversight for local economic development activities; and • Ensuring implementation of monitoring and evaluation programme. ES 11.0 RAP/ARAP Coordination and Implementation Arrangement The preparation and implementation of RAP shall require close collaboration among all the project stakeholders. A properly constituted structure for the project implementation is imperative and agreement must be reached from the onset with the relevant parties. The institutional arrangement shall be designed to involve other federal and state MDAs and local programs concerned with water resources management commission and the national hydrological services agency, works, agriculture, regional and town planning, erosion control and land degradation management, local government, local communities and CSOs also need to be involved in each stage of the project. The Federal PMU shall have an oversight role, but actual resettlement planning and implementation shall be the States’ PMUs responsibility. Following after the pattern laid out for the project, some key institutions at the state levels that have been identified that will have a part to play in the execution of the resettlement activities include the State Ministry of Environments (SMOEs); Ministry of Lands, Survey, Urban and Regional Planning; Ministry of Agriculture; Ministry of Water Resources; Ministry of Women Affairs and Local Government Level Institutions. While most of them do not have direct links with resettlement, some of them, by operation or statutory functions, will have related responsibilities with resettlement on the ACReSAL project. However, interference from Government officials, especially in the areas of staff recruitment, is one challenge that is envisaged in these linkages. This will be mitigated by ensuring that qualified are eligible staff are recruited into the SPMUs. The capacity assessment exercise carried out for this RPF shows that the Federal Ministry of Environment (FMEnv) has some level of experience in Safeguard implementation from previous World Bank funded projects such as the FADAMA, APPEALS Project, NEWMAP etc. However, the need for training cannot be overemphasized. Essentially, some form of training will be required for the ACReSAL Project because the staff of the SPMUs may comprise team members that do not have experience working on World Bank projects or knowledgeable in the ESF. These underscore the need for training of Project staff in operational procedure and RESETTLEMENT FRAMEWORK also in preparing safeguards instruments and implementing the World Bank Environmental and Social Standards. ES 12.0 Monitoring and Evaluation Monitoring and evaluation are intended to help ensure that the resettlement action plan is prepared and implemented according to the resettlement policy framework. This will be a continuous process in the implementation of this RPF and the subsequent ARAPs/RAPs and will include internal and external monitoring. The objective of M&E is to assess the degree at which guidance provided in this RPF are followed, determine the performance of each subcomponent RAP and to identify early gaps and issues that the mitigation measures described in the plan are not able to address. ACReSAL will establish procedures to monitor and evaluate the implementation of the plan and will take corrective action as necessary during implementation to achieve the objectives of this RPF and fulfill adaptive management requirement stipulated in the ESF. The extent of monitoring activities will be proportionate to the project’s risks and impacts. For all subprojects rated moderate, substantial and high social risks, the Federal Government of Nigeria will retain competent Social Safeguard Officers to monitor the implementation of resettlement plans, design corrective actions as necessary, provide advice on compliance with this RPF and produce periodic monitoring reports of implementation as well as compliance to the SPMU, PMU and the World Bank. Affected persons will be consulted during the monitoring process and be informed about monitoring results in a timely manner. External monitoring shall entail the engagement of an independent M&E auditor. This is with a view to providing remedial measures to forestall a setback to project success. The monitoring indicators are also described in this RPF. ES 13.0 Institutional and Implementation Arrangements ACReSAL by design is a multi sectoral operation. Thus, project implementation would follow the NEWMAP model and be implemented through existing NEWMAP Project Management Units (PMUs) already in place at the Federal Ministry of Environment and State Departments of Environments. However, given the multi-sectorial nature of this operation, the institutional arrangement of ACReSAL will be led by the Federal Ministry of Environment in collaboration with the Federal Ministry of Water Resources and the Federal Ministry of Agriculture and Rural Development. Focal Persons from each ministry and consultant will be retained to constitute the Federal Project Management Unit. The Federal Steering committee and the Federal Technical Committee will provide overall policy and technical guidance respectively. In each state, state project management unit will similarly integrate relevant state ministry capacities and hired consultants. In each state a, a steering committee and state technical committee will carry out functions similar to those at the federal level. At the community level, a project implementation committee headed by the relevant local government officer will ensure local implementation and coordination with relevant MDAs while individual site committee will coordinate implementation The Federal Ministry of Environment established Federal Project Management Unit that has been implementing the NEWMAP Project shall continue to provide technical support to new and existing State PMUs and ensure implementation of this RPF, subsequent resettlement plans that may be crafted and overall monitoring & evaluation and reporting of project performance to the World Bank. The primary responsibility for project design and execution RESETTLEMENT FRAMEWORK depends on the States, through a State Project Management Unit (SPMU). The State PMUs shall provide awareness, mobilization and facilitation, project appraisal, approval and disbursement, capacity building, monitoring and evaluation, reporting to FPMU. The PMU shall set up a Social Safeguard Unit with staff trained in resettlement, which shall ensure and supervise the implementation of this RPF and preparing RAPs/ARAPs in each State as needed. The skills required for strengthening the State PMUs has been identified, with regard to managing resettlement issues associated with ACReSAL Project. Institutional arrangement consists of Programme Steering Committee (PSC) at state level; State Project Management Unit (SPMU) at project level; and site Implementation Committee at the field level. ES 14.0 Funding Arrangements It is the responsibility of the participating States (SPMUs) to fund the cost of involuntary resettlement associated with their sub-projects. This includes cost of preparation of RAP, payment of compensation entitlements, livelihood restoration for vulnerable PAPs, training, funding of grievance redress committee, monitoring and evaluation as well as management. The budget for resettlement cannot be realistically determined now until the time of preparation of RAP. However, estimated cost for land acquisition and economic tress etc., are provided in Annex 7. Some of the costs (e.g. professional services, site preparation, construction, etc.) can be financed from the Bank loan, while other costs (e.g. compensation payments, acquisition of land) shall be paid out of counterpart funds. The State Project Coordinator will be responsible for ensuring the prompt provision and efficient flow of the budgeted funds for resettlement to the various subprojects. CHAPTER ONE INTRODUCTION AND PROJECT DESCRIPTION 1.1 Background Drought and desertification impact directly or indirectly on all aspects of human life and the environment including the ecological, health, geo-chemical, hydrological and socio-economic facets (Olagunju, 2015). Climatic variability and anthropogenic activities such as deforestation, extensive cultivation, overgrazing, cultivation of marginal land, bush burning, fuel wood extraction, charcoal production, faulty irrigation systems and urbanization are some of the major causes of desertification. Among the anthropogenic factors are poor land management, inadequate farming techniques and over-cultivation, overgrazing and the removal of natural vegetation; misuse of water resources; and poor environmental and ecosystem management. As in many other parts of the world, droughts-affected areas in Nigeria are characterized by low rainfall and high rainfall variability, high evaporation and potential evapotranspiration rate. Other aspects of the characteristics of desertification affected areas of the country include rise in the reflective capacity (albedo) of the surface for solar radiation, a considerable and permanent loss of perennial plants, especially woody shrubs and trees, considerable soil erosion and impoverishment by wind, gully and sheet erosion of soils by occasional heavy rainfalls, and overgrazing and inadequate forage in RESETTLEMENT FRAMEWORK relation to vegetative resources. Decline in quality of life, partly because of the decline in the quality of the rural communities is another significant impact of drought and desertification. This decline in rural communities is partly caused by lack of food security, lack of water security, lack of sustained availability of fuel and fodder and inadequate income generation. Crop failures are also significant impacts of drought and desertification on agriculture. These result in severe food shortages, rising prices of food, and possibly famine. The Sahel savanna region mainly in the far north-east of the country, is characterized by open grasslands and desert with tree cover less than ten percent (Fasona et al., 2014). The Sudan savanna region is further south and has similar features but with tree cover up to 20 percent (World Bank, 2020). The next two savanna agro-ecological zones (Northern and Southern Guinea) cover the balance of the northern states feature open woodland and grasses on 15-25 percent of the landscape (World Bank, 2020). The fifth and southern-most Derived savanna agro-ecological zone covers most of the north-central states, where tree cover can reach 30 percent (World Bank, 2020). Desertification following land disturbance and erosion is causing the drier savanna eco-systems in the north to expand southward, exacerbated by climate change. Nigeria, with the support of various International Organizations, has been working on combating desertification and land degradation. This is done in coordination with the Great Green Wall Initiative which started in 2005. The Great Green Wall is a coordination effort to combat desertification through an integrated approach to enhance ecosystem services and food security in view to achieving development, particularly alleviating poverty. Some achievements in Nigeria include: (i) Public awareness on the threat of desertification, land degradation and deforestation has been raised by 58% through a sustained communication campaign; (ii) a National Action Plan to Combat Desertification has been developed; (iii) about 24,000 ha of degraded land have been rehabilitated through afforestation, oasis rehabilitation, sand dune fixation and rangeland conservation; (vi) the livelihoods of over 6 million affected people have been improved through the provision of drought resilience infrastructure (ACReSAL Concept Note, 2020). However, the 24,000 ha of degraded land rehabilitated is of little value compared to the 350,000 ha per year of desertification. Hence, the Federal Government of Nigeria (FGN) has requested World Bank assistance to prepare Agro-Climatic Resilience in Semi-Arid Landscapes in Northern Nigeria. The proposed ACReSAL will support Government to restore 1million (25%) of a myriad of degraded landscapes in Northern Nigeria. The project will also help lift about 10,000,000 people out of poverty from the Federal Government of Nigeria target of 100 million Nigerians. In addition, the program aligns with the Great Green Wall program. The proposed project will target selected States in arid and semi-arid area. The sates include: Bauchi, Borno, Gombe, Jigawa, Kano, Katsina, Kebbi, Sokoto, Yobe, and Zamfara. Others are Federal Capital Territory, Plateau, Adamawa, Taraba, Niger, Kwara, Kogi, Benue and Kaduna states. The arid to semi-arid States are located RESETTLEMENT FRAMEWORK in the Sahel, Sudan Guinea Savanna and Southern Guinea Ecosystem, characterized by dry-semi-arid conditions, low precipitation, and sparse vegetative cover. An integrated and participatory catchment management approach will be the operating framework for project implementation at field level. The proposed credit amount is US$ 700 million. 1.2 Proposed Project Development Objectives The project development objective (PDO) is to increase the adoption of sustainable landscape management practices in targeted watersheds in northern Nigeria and strengthen Nigeria’s long-term framework for integrated landscape management. The proposed project will target selected States in arid and semi-arid areas. The arid to semi-arid States are located in the Sahel, Sudan Guinea Savanna and Southern Guinea Ecosystem, characterized by dry-semi-arid conditions, low precipitation, and sparse vegetative cover. An integrated and participatory catchment management approach will be the operating framework for project implementation at field level. Appropriate modern technology will be leveraged throughout the project activities, including managing the disruption of the ongoing COVID-19 pandemic and helping build back better and smarter. Project implementation would follow the NEWMAP model and be implemented through existing NEWMAP Project Management Units (PMUs) already in place at the federal Ministry of Environment and State Departments of Environments. Synergy with FADAMA and TRIMING operations/locations would be an important factor in site selection. The PMUs in participating States and at the national level would be strengthened where necessary to deliver all project activities. The proposed operation is well aligned with the range of COVID 19 intervention actions of Nigeria. Biodiversity loss contributes to zoonotic diseases, especially those whose pathogenesis have their roots in the natural environment. This proposed project will support process documentation of wildlife markets, illegal trading, ecosystems degradation/simplification link to the proliferation of zoonotic reservoirs and transmission to human in perspective of prevention over a mosaic of landscape in Nigeria. Land restoration in a sustainable manner will restore the environment and create livelihood opportunities post COVID-19. The project has four components: : Component A. Dryland Management. This component will implement integrated watershed management planning and addresses challenges of large-scale watershed degradation in northern Nigeria. It will support the following sub-components: A1. Strategic Watershed Management: This subcomponent will support large-scale integrated watershed management planning. Plans will be prepared for up to 20 RESETTLEMENT FRAMEWORK watersheds, covering all of northern Nigeria. Rapid initial versions will be prepared in less than a year, with refined updates to be prepared throughout the project lifetime. The planning will be carried out using analytical approaches and through development of a modern knowledge base (including collation of existing data from in-situ and earth observation and biophysical surveys). Extensive participatory stakeholder consultations will be fundamental. The multisectoral planning process will prioritize project investments, expected to include those related to information, institutions, and those required for desertification control, sustainable land and water management in drylands, and improved natural resource-based livelihoods. The strategic watershed plans will also provide a framework and guidance to the micro-watershed-level planning in Component B and will be a foundation for the longer-term dryland management framework of Nigeria supported under Subcomponent C1. A2. Landscape Infrastructure: This subcomponent will support large landscape-level investments, as prioritized in the strategic watershed plans. These may include those related to water resources management (e.g., surface and groundwater storage, managed aquifer recharge, riverbank restoration, gully rehabilitation, and. irrigation), to nature-based solutions for environmental management (e.g., stabilization of sand dunes, vegetation management, reforestation), and to agriculture investments at large scale. Some investments will be supported that have been already identified and prepared under NEWMAP, provided they are consistent with ACReSAL objectives and requirements. A3. Special Ecosystems: Investments under this subcomponent will support better management and conservation of special ecosystems in all participating states, including wetlands, desert oases, and protected areas. Investments could include those related to wetland improvements, monitoring systems, inventories of the current status of these ecosystems1, stabilization and restoration of wetlands, forest reserves and oases. Traditional uses of wetlands and oases have been impacted by overuse of water for agriculture and other uses. The project will support investments for community work in restoration activities (e.g., including women and youth participation in restoration action plans such as tree planting), creation of demostration gardens, knowledge sharing of traditional uses of wetlands and oases, and pest management, among others. Actions to increase application of current policies and regulations applicable to special ecosystems, the review or improvement of these policies and capacity building of institutions responsible for their management and conservation are included under Subcomponent C1. Component B: Community Climate Resilience. Most of the challenges of dryland management are to be found at the local level, where they constitute the day-to-day reality of communities and farmers. Communities need support to be more resilient 11 The Wetlands Act requires states to perform inventories of the status of wetlands and riverbanks to define priority interventions in these areas. RESETTLEMENT FRAMEWORK and communites and households need targeted investments to put new approaches into effect. The criteria for selecting communities are laid out in the PIM. In targeted micro-watersheds, this component will support the following sub-components: B1. Community Strengthening: This subcomponent aims to strengthen the capacity of communities for sustainable natural resource use and management. Support will be provided to “local project implementation committees�, or their local equivalent. Building on the outcomes of the higher-level strategic watershed planning (Subcomponent A1), micro-watershed planning will be supported to prioritize investments. Particular attention will be paid to addressing gender inequalities and the needs of vulnerable and marginalized groups to promote peace building. B2. Community Investments: This subcomponent aims to finance physical investments as prioritized through the micro-watershed planning process. Although the menu of potential investments will vary from community to community badsed on their own priorities, three groups can be described: • Landscape restoration in community-selected degraded areas, using an approach pioneered by FAO in both northern Nigeria and other dry land areas in western Africa, using the Delfino plow which mimics the traditional half-moon water harvesting technique. It is composed of hybrid agroforestry models on communal lands which include plant species chosen by the communities, which produce non-timber forestry products, such as: acacia (gum Arabic), balanites, fodder, beekeeping, nuts, mushrooms, and mixed planting with grains such as millet and sorghum. Improved pasture and rangeland management and restoration could also be included. Prioritized community infrastructure investments will be supported. • Support to farmers at the household level to optimize climate-smart rain fed agriculture and farmer-led irrigation. Investments could include water and soil conservation, optimizing farm management (improved crop varieties, Integrated Pest Management; soil and water testing technologies), controlling invasive species, and supporting value chains. • Support to farmers at the household level to optimize farmer-led irrigation. This could include small-scale solar-powered irrigation. Component C: Climate Change Institutional Strengthening and Project Management. This component includes investments to improve the enabling institutional and policy foundation for multisectoral integrated landscape management, climate resilence, as well as support project management. It will include the following sub-components: C1. Institutional and Policy Strengthening: This subcomponent aims to improve the enabling institutional and policy foundation for integrated landscape management and climate change resilence in Nigeria – with an initial focus on ACReSAL activities but RESETTLEMENT FRAMEWORK also for a longer-term national framework for dryland management. Although only some states will be initially eligible for physical investments (Tier 1 states), all states in northern Nigeria are eligible for technical assistance under subcomponent C1 (Tier 2 states). This subcomponent will include support for monitoring infrastructure, institutional infrastructure, knowledge products, policy environment, capacity-building and outreach, and payments for ecosystem services (PES). C2. Project Management: This subcomponent intends to support overall project monitoring and management. It will provide support for key consultancies (e.g. to support project monitoring and management, watershed implementation support, and capacity-building), as well as incremental operating costs (for specialized expertise, project-related travel, meetings, documentation, etc.) as well as systems for improving remote preparation and supervision of investments (e.g. through use of satellite imagery, drones, cameras, videoconferencing, etc.). It will also support the development of monitoring systems and dashboards and improving workflow processes to facilitate coordination across agencies at the central and state levels and public versions to improve transparency and outreach. The monitoring systems and documentation of lessons learned on an ongoing basis will be used to support adaptive project management, especially to identify activities that can be scaled up depending on implementation performance and feedback. Component D: Contingency Emergency Response Components (CERC): A Contingency Emergency Response Component (CERC) is a financing mechanism available to Borrowers in IPF operations to access funds rapidly to respond to an eligible crisis or emergency (natural resources and climate change disasters and emergencies). This component will enable quick deployment of uncommitted funds to address natural or man-made crises and emergencies during project implementation. This component will remain dormant until it is activated in an emergency situation. The component would then allow redistribution of uncommitted and undisbursed funds to finance emergency and recovery needs. A CERC is a financing mechanism available to Borrowers in IPF operations to access funds rapidly to respond to an eligible crisis or emergency (includes disasters and health emergencies). This component will enable quick deployment of uncommitted funds to address these natural or man-made crises and emergencies during project implementation. The CERC will be prepared under the provisions of Paragraph 12 of IPF Policy for projects in situations of urgent need for assistance which enables suspension of E & S and Fiduciary provisions to enable rapid allocation of the funds for emergencies. This component will remain dormant until it is activated in an emergency situation. The component would then allow redistribution of uncommitted and undisbursed funds to finance emergency and recovery needs. In such instances, a CERC Operational Manual will be developed, which would require approval from the World Bank and RESETTLEMENT FRAMEWORK adoption by the Government. The manual would describe the procedures and criteria for activation, eligible expenditures, and specific implementation arrangements. 1.2.1 Project Subcomponents Entailing Land Acquisition As currently designed and presented in section 1.2, the project is structured around four components. It is expected that subcomponent A2 and B2 are likely to require land take. While the scope, magnitude and significance of land taken by these subcomponents will be determined by site specific screening exercises, the following are activities to be undertaken by each of the subcomponent: Subcomponent A2: This subcomponent under component A will finance civil work activities associated with: i) sand dune control, ii) woodland management, iii) large- scale agricultural investments, gully rehabilitation and iv) water resources management. The sand dune control activities will support efforts aimed at halting the movement of shifting sand dunes and prevent their encroachment onto communities, infrastructure, agricultural land, and wetlands. Investments will support the planning, design, and establishment of straw checker boards and the seeding and planting of vetiver, indigenous shrubs, and grass on moving and semi-stabilized sand dunes. The Woodland management activities will support improved seed quality, Establishment and management of woodlands, Sustainable rural energy production and use; while the large scale agriculture investment could include support to IPM, large-scale irrigation. The water resources management activities will implement investments to improve the long-term conservation and management of water resources. Under the water resource management activity, it is likely that the project will support: i) rehabilitation of existing / construction of small scale dams/small-scale multipurpose reservoirs and irrigation development, ii) Flood and sedimentation control structures and, iii) Identification and development of recharge areas to protect groundwater resources. Subcomponent B2: This subcomponent under component B will support activities associated with i) community infrastructure, ii) community-led landscape restoration, iii) community infrastructure, iv) community-led landscape restoration and, v) community-managed support at the farm level. The community infrastructure activities include a) improving market access through shared transport logistics and provision of timely market information on crops and NTFPs; (b) constructing small-scale community storage and agro-processing facilities; and (c) establishing community nurseries for selected agroforestry species (i.e., high- quality restoration seeds and propagation material of well-adapted species with preference given to native species identified by communities) The community-led landscape restoration will supported: (a) the use of high-quality RESETTLEMENT FRAMEWORK restoration seeds and propagation material of well-adapted native species in the right place and at the right time; (b) the combined use of a mixture of fodder grasses and legumes, and woody species to maximize vegetation cover and respond to pressing feed needs as early benefits while tree seedlings are growing; (c) the use of mechanized land preparation techniques for larger scale, soil permeability, and efficient rainwater harvesting; (d) a participatory approach based on communities’ involvement, needs and their agreed preferences for species and restoration objectives and the development of non-timber forest product value chains for income generation in rural areas, benefiting to a large degree women and youth; and (e) innovative biophysical and socio-economic monitoring systems for baselines and assessments of progress in the course of implementation. It is expected that about 400,000 ha will be restored through these investments. Community-managed support at the farm level. Under this activity, the project will finance a diverse range of investments targeted at household improved water management, and climate-smart agricultural activities. The specific investments targeted under this activity are currently unknown. However, only investments that are environmentally, socially, and economically feasible will be financed under this activity, and these investments will be screened by the PIU in line with this Resettlement Policy Framework and consistent with the provision of ESS5 to be eligible for investment. 1.3 Project Area 1.3.1 The Agro-Ecological Dimension Northern Nigeria accounts for approximately 75% of the country’s land area and includes the north-central, north-east and north-west geopolitical zones of the country (Oladipo, 2018). It is located between longitudes 3 0 and 150 E latitudes 90 and 140 N, stretching from the Sokoto plains in the west to the Chad Basin in the east (Oladipo, 2018). The extreme Northern part of the region share boundaries with the semi-arid and arid zone of the Niger Republic (Oladipo, 2018). This is an area targeted by the government to support national food security, as it constitutes the main grain basket of Nigeria. The major crops grown are grain legumes, cereal, root crops and tubers. It is also the major livestock production area in Nigeria. To meet the rapidly increasing demand for food by an ever-expanding human population (estimated to grow by 2.5% annually), it is expected that crop production must expand at a 4% annual rate, while livestock production must expand by more than 3% annually between now and 2025 (Oladipo, 2018). This substantial growth requirement means both an emphasis on intensification and potentially more extensive production, pushing into marginal areas and inducing greater vulnerability to climate change and variability; all of which requires targeted and effective investment to make the region more resilient and productive. Using the derived eco-climatic index of AbdulKadir et al. (2015) the arid and semi-arid areas of northern Nigeria stretch from northwest about (Lat. 10°20’N) through the RESETTLEMENT FRAMEWORK central portion (Lat. 11012’N) to about Lat. 9027’N along the northeast as portrayed in Figure 1. This eco-climatic condition covers the entire Borno, Gombe, Jigawa, Kebbi, Kano, Katsina, Sokoto, Zamfara and Yobe States, and northern parts of Adamawa, Bauchi, Kaduna and Niger States and largely corresponds to the northwest and northeast geo-political zones of Nigeria. This ecological zone is characterized by strong climatic variations and an irregular rainfall that ranges between 600 mm and 1,000 mm with coefficients of variation ranging from 15 to 30 percent (Oladipo, 2018). Agriculture is predominantly rain-fed and depends on 3 to 4 months of summer rainfall. The succession of dry years and wet years is a typical feature of the climate of the arid and semi-arid areas of Nigeria. The 1972/73 droughts remain some of the most catastrophic ecological disasters ever experienced in the region (Oladipo, 2018). Despite all efforts to control the phenomena, droughts have remained intractable and their propensity to obliterate the survival lynchpin of the affected states. Figure 1: Eco-climatic zones of northern Nigeria (AbdulKadir et al., 2015) RESETTLEMENT FRAMEWORK Figure 2: Subdivisions of Agro-ecological Subzones of Nigeria (after Cervigni, et al., 2013) As a result of rapidly fluctuating rainfall conditions that often result in drought and consistent reduction in land productivity, the arid and semi-arid areas of northern Nigeria are very vulnerable to both climate change and desertification. But these are also areas of high carrying capacity, supporting high percentage of the cattle, livestock, donkeys, camels and horses. The affected States also play a prominent role in the agricultural production of the country, producing a large proportion of grains (corn, millet and sorghum), cow peas and rice, as well as large number of vegetables such as tomatoes and onions. 1.3.2 Agriculture Agriculture and forests are natural capital (including land, forests, landscapes, water, and fisheries) is a direct source of income and employment for a large share of Nigeria’s people. Climate change affects the ability of natural capital to deliver its wide range of products and services (including food, fodder, timber, and the regulation of water cycles), some of them vital. Sustaining and managing natural capital is very critical to the ability of a country to invest in the other types of capital in a sustainable fashion. Agriculture in the country is highly concentrated on crop production, which accounts for 90% of output. Fishery, forestry and livestock, account for the remaining 10% RESETTLEMENT FRAMEWORK (Oladipo, 2018). The livestock sub-sector in Nigeria currently accounts for about 10% percent of agricultural GDP and 5% of the country’s total GDP (Cervigni et al., 2013). Though agriculture makes up a sizeable portion of economic activities in Nigeria, the sector’s impact on government and export revenues is relatively small, accounting for only 4.8% of total foreign earnings in 2016. In spite of this, the country’s agricultural potential is high, because Nigeria has 82 million hectares of arable land, and so far, only 34 million hectares have been cultivated. In Nigeria, (including the arid and semi- arid areas of north), agricultural production is diverse: common crops include rice, cassava, maize, sugar, sorghum, yam, cashew and a broad range of horticultural products. The livestock sector has an estimated 19 million head of cattle, the largest herd in Africa. Cervigni et al. (2013) estimated that Nigeria has about 56.5 million goats, 6.6 million pigs, 35.5 million sheep, and 192 million poultry. The rapidly growing poultry sector supplies an estimated 140 million birds annually. Agricultural production is dominated by about 15 million smallholders who account for over 90 percent of the national food production. Over 90% of agricultural production is rain-fed. Smallholders, mostly subsistence producers account for 80% of all farm holdings (Oladipo, 2018). These smallholders, mostly women, farm an average of 1 to 2 hectares per smallholder, usually with little or limited mechanization, access to fertilizers, and preservation or storage facilities. Both crop and livestock productions remain below potentials (UNDP/GEF, 2017). The agricultural sector, including livestock, in the arid and semi-arid areas of northern Nigeria has been very sensitive to climate change. It has been affected by floods, droughts and erratic rainfall. In general, the agriculture sector can be significantly impacted by climate change. Empirical studies in recent years indicate that more than 50% of the performance of crop production can be explained by the climatic variability linked with the temporal weather conditions. Depletion of water resources and unpredictable rain patterns are having a significant impact on production systems and in places leading to desertification. This means that the agricultural systems in the region will need to adapt to ensure provision of adequate food for a growing population and increase export crops production to generate foreign exchange. 1.3.3 Forestry Forests, and the broader landscapes of which they are part, are key sources of livelihoods for millions of people living in the arid and semi-arid areas of Nigeria. The varied roles of forests and trees include, among other things, delivering clean and reliable water supply, protecting against landslides, erosion and land degradation, providing or enhancing the habitat of aquatic and terrestrial animals, providing a range of products for household use or sale, and providing employment. Given that forest resources directly contribute to more than 1 billion of the 1.2 billion people living in extreme poverty (World Bank, 2002), climate change impacts on forests can be expected to hit the poorest the hardest, thus making already vulnerable people even more so. Climate variability and change, combined with land conversion (which is often RESETTLEMENT FRAMEWORK fuelled by climate change), will affect the productivity of these ecosystems and their ability to sustain livelihoods. Specific forestry statistics for the arid and semi-arid northern Nigeria are scanty. Thus the following discussion is based on the national situation for the sector. Recent analysis by Ofoegbu (2014) indicates that the forest sector is an important sector of the Nigerian economy and has been a major contributor to the national GDP, albeit with a declining influence. The forestry sector contributed two-third of GDP and provides employment for about 568,000 people in the 1970s, but this declined to only about 2% in recent years. The current (Business-As-Usual) forest management practices indeed have failed to harness the full benefit of Nigeria’s forest estate. Poor management practices have compromised the ability of the forestry sector to contribute optimally to the overall well-being of the Nigerian populace. This has also led to high rate of deforestation and forest degradation in the country. Nigeria’s forests have been dwindling at an annual rate of 3.5% during the last three decades due largely to pressure from agriculture, industry, human settlement and infrastructure. In addition, extraction of forest products, illegal logging, cutting trees for fuel wood and charcoal, and grazing of livestock have also contributed to the degradation of forests. Between 1990 and 2015, Nigeria lost about 35% of its remaining forest resources and over 50% of other wooded land (FAO 2015 Global Forest Resources Assessment), making it a country with the highest rate of deforestation in the world. These competing land uses have adverse environmental, social and economic effects on long term sustainability of forest ecosystems as well as human wellbeing. The high rate of forest loss in the country is having negative effect on rural livelihood and development of the forest industry sector of the country’s economy. The total area occupied by reserved forests in Nigeria is less than 10 per cent of the total landmass. The value of lost forest cover has been estimated at US$750 million annually at 1989 prices (FGN, 2010). The trend is being aggravated by growing climatic variability. Climate change and climate variability are threatening the delivery of a range of crucial goods (wood and non-wood) and environmental services from forests on which a large proportion of the people in the arid and semi-arid areas of northern Nigeria fully or partly depend. The impacts of the climatic variability include the difficulty of tree replanting, retardation of the regeneration process, death of trees, and loss of habitat as well as depreciation of species diversity. The situation is also causing a lot of environmental challenges such as desert encroachment, erosion, and loss of biodiversity, and water scarcity. These have substantially increased the vulnerability of rural livelihood and various key economic sectors to climate change risk. Hence there is the growing recognition among stakeholders that the current model of management in the country’s forestry sector is socially, env ironmentally, and economically unsustainable. RESETTLEMENT FRAMEWORK 1.3.4 Local Administration, Language, Religion, Population, Social Cohesion and Conflict Resolution There is a fairly homogenous traditional administrative system in the region with the Emir as the head in the local government traditional council. Thus, following the Emir are District heads, Village heads and Wards heads. Hausa and Fulani are the predominant languages across board in the region, with different states having various languages and dialects peculiar to their States. However, about 65% of the respondents can speak English to different categories of proficiency. Islam, Christianity and traditional religion are practiced in various degrees across all the States surveyed. The official published population statistic for Nigeria is the National Population Census statistics of 2006 which puts Nigerian population at 140, 431,790; made up of 71,345,488 males and 69,086,302 females; representing 50.8% and 49.2%, respectively. However, the United Nations demographic survey (2016) indicates that the country is now about 186 million with an average population density of 205.3 persons per sqkm. This makes Nigeria the largest country by population, in Africa. Presently, Nigeria’s annual average population growth rate is 2.7, while the average urban growth rate is 4.7 (UN, 2014, cited in Final Report (RPF) (2018) for Livestock Productivity and Resilience Support Project (LPRES)). Nigeria has more than 250 ethnic groups (Okehie-Offolie & Sadiku, 1996); the larger of which are the Hausa and Fulani who are predominantly from the Northern part of Nigeria and they represent approximately 29% of the population. Nigerian citizens cooperate with each other in order to survive and prosper. Socially cohesive society encourages participation and social inclusion of the people. Social Cohesion in Nigeria using five major indicators of Identity, Trust, Equity & Social Justice, Patriotism and Self-Worth & Future Expectation shows that Nigerians remain resilient and committed to working together for a better country (Africa Polling Institute, 2019). Land disputes and sharing of land resources are potential areas of conflict in the Regions. These potential conflict issues have implications for land tenure. To resolve this and related issues a number of ways are usually employed to resolving such conflicts in the communities. These include community meetings, elders-in-council, dialogue, council of chiefs, appeals and summons, elders’ assembly, religious leaders, juju priests, youth council, women groups, the police and courts. Conflict resolution could attract penalties such as warnings, restitutions, fines, seizures of assets and ostracization. 1.3.5 Household Income, Ethnic Groups and Poverty Level Farming (crop cultivation and animal husbandry) is the main livelihood in the communities. Thus, in cases where production is low, income from farming activities appears to be quite unsustainable, and it can be assumed that many of the people in the Semi-arid Landscapes are living in poverty. In general, a high percentage of farmers are low-income earners sustaining their livelihoods below the world absolute poverty line of USD 1.25 per day (UN, 2000; World Bank, 2010) with infertile farmlands and limited information and resources with which to adapt to changes in the climate. RESETTLEMENT FRAMEWORK According to Oxfam, the average poverty index for the region is about 70.25% (Oxfam, 2017). In recent years, Nigeria has seen a surge in the number of Internally Displaced Persons (IDPs) especially in the northern part of the country. The affected populations have one thing in common — being internally displaced and vulnerable (Onyenike, 2020). The recent surge in the number of Internally Displaced Persons (IDPs) is not unconnected with the activities of Boko Haram and armed bandits in the region. The most numerous ethnic group in northern Nigeria is the Hausa-Fulani, the overwhelming majority of whom are Muslim. Other major ethnic groups of the north are the Nupe, Tiv, and Kanuri. 1.3.6 Land Use Pattern An average of about 93% of total landholding in the zone is used for agriculture (Oladipo, 2018). Consistent with the profile of small holder farmers in Nigeria, available land to most farmers is typically below 4ha. Extensive free-range grazing is common, which suggest the predominance of free-range open grazing. Other land uses in the region are for residential purposes, water reservoir/dam, irrigation infrastructure, and public institutions and infrastructure. In most of the communities, farmers own their farmlands. Private and community land ownership dominate the land tenure system in the sub region. However, title to land remains a problem in the area like the rest of the country. Land ownership is largely by inheritance or communally owned land, hence fragmentation of land due to land tenure system being practiced. In some instances, land is acquired by lease, lending or purchase. On an average land size per household is about 2 hectares while farm size per household for those who have large farm holdings is about 40.15 hectares allocated to agriculture. Average value at which land is leased for agriculture is N2, 500 – N5, 000 for 1 line, and N7, 500 – N20, 000 for 1 hectare. Individual landowners also donate lands to acquaintances for farming and development purposes. Although the scenarios painted above holds in northern Nigeria, the government still acts as the owner of all lands by the Land Use Act 1978. What this means is that the government can acquire land from anywhere including individual lands through land acquisition procedure and revocation of rights. Traditionally there has been a division between sedentary farmers made up of the Manga and the Hausa people, and the nomadic pastoralists known as Fulani. However this has diminished and both groups now engage in livestock and crop production, although the priority for Fulanis is still the rearing of cattle, while for the Manga and Hausa, it is crop production (Adams and Mortimore, 1997). 1.4 Relevant Environmental and Social Standards to the Project The Project is classified as High Risk after considering, in an integrated manner, the risks and impacts of the Project. For this project, all eight Environmental and Social Standards (ESSs) are relevant except for ESS 7 and ESS9. The relevant ESSs and policies are as follows: • Environmental and Social Standard 1: Assessment and Management of Environmental and Social Risks and Impacts; RESETTLEMENT FRAMEWORK • Environmental and Social Standard 2: Labor and Working Conditions; • Environmental and Social Standard 3: Resource Efficiency and Pollution Prevention and Management; • Environmental and Social Standard 4: Community Health and Safety; • Environmental and Social Standard 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement; • Environmental and Social Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources; • Environmental and Social Standard 8: Cultural Heritage; and • Environmental and Social Standard 10: Stakeholder Engagement and Information Disclosure. • OP.7.50 Project on International Water Ways. 1.5 Rationale for Resettlement Policy Framework (RPF) Prior to project appraisal, there is need for the assessment of possible resettlement/displacement risk of the project at a broader level and considering that the Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL) is still at the preparatory stage and the details of the sub-projects (volume, scope, scale and/or actual nature of activities, etc.) are not known at this stage, it is therefore not possible in this situation to prepare a Resettlement Action Plan (RAP) or an Abbreviated Resettlement Plan (ARAP). Therefore, this RPF will provide technical guidance during project preparation to address resettlement related risk, and guide preparation of future RAPs. The Resettlement Policy Framework clarifies resettlement principles, organizational arrangements and design criteria to be applied during project implementation. Sub- project resettlement plans consistent with the RPF will subsequently be submitted to the Bank for approval after specific planning information becomes available. It should be noted that the policy is designed to mitigate harm caused by displacement or land acquisition occurring in the process of ACReSAL Implementation. The RPF is prepared in line with the requirement of ESS5: Land acquisition, Restriction of land use and Involuntary Resettlement; and ESS10: Stakeholder Engagement and Information Disclosure. The RPF shall also refer to Government of Nigeria’s legal and institutional requirements. Any identified gaps between these two requirements is clearly captured in this RPF, and an explanation offered of how these gaps will be filled. The RPF shall serve as a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAPs) for sub-projects during the implementation of the comprehensive Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL). It is vital to note that for each subproject supported under the Project that involves land acquisition or relocation of people, a separate RESETTLEMENT FRAMEWORK Resettlement Action Plan (RAP) satisfactory to the Bank is required prior to signing a work order. 1. 6 Objective of the RPF The RPF provides policies and procedures to determine requirements of the World Bank’s ESS5 on Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement, to assess potential risks and impacts, to identify detailed steps to develop appropriate mitigation measures, including mitigation and compensation for the impact caused under the project. Specifically, the RPF covers the following: a. Reviews the existing national legal and regulatory framework of Nigeria and compares it with World Bank’s ESS 5 on Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement for identifying gaps and providing gap filling measures. b. Describes and defines the process for preparing RAP/s, cut-off dates for tittle and non-title holders, valuation process of impacted assets/ properties etc. c. Provides the principles and methods to be used in valuation of loses, and a description of eligibility and entitlements. d. Identifies the consultation mechanism and approaches to be adopted while preparing and implementing RAPs including public disclosure. e. Describes and defines monitoring and evaluation arrangement and roles and responsibilities of different stakeholders. f. Outlines the legal framework, eligibility criteria of displaced population, valuation methodology, compensation provision, and entitlement matrix and implementation process. g. Outlines implementation arrangement including schedule and grievance redress mechanism h. Outlines principles and objectives governing resettlement preparation and implementation i. Explains the due diligence procedures in case of project interventions linked to activities financed by ACReSAL. j. Capacity development of the Project Staff and related government agencies and local industries to identify the impacts and manage the related risks in accordance with ESS 5. 1.7 Technical Approach Generally, the RPF is prepared in accordance with the provisions of ESS5 and Nigerian guidelines/laws. Since the aim of the Resettlement Policy Framework (RPF) amongst other things is to provide the guideline and procedures to be followed in the preparation of individual RAP when specific project location, activities and designs would have been sufficiently known, there is the need at this time to have as much as possible adequate understanding/information on the legal and regulatory framework RESETTLEMENT FRAMEWORK that underpins involuntary resettlement within the jurisdictions of parties involved in the project. To that extent we collected information and reviewed all available documents on land tenure, involuntary resettlement and compensation from World Bank, Federal Government of Nigeria (Land Use Act), State laws on land expropriation and community laws/rules that guide land ownership and uses. Similarly, stakeholder identification and robust consultations were carried out during the preparation of the RPF. The categories of identified stakeholders are elaborated in chapter eight (8) (Public Consultation). 1.8 Methodology The distinct phases for preparing RPF include: Public Consultation, Data Gathering e.g. for baseline conditions, institutional arrangement, capacity building, etc. which involved reconnaissance survey/visits to States; and identification of potential impacts; preparation of the RPF and sub-project guidelines screening. This RPF is applicable to the ACReSAL project in the Northern States made up of 19 states, subdivided into North West (Jigawa, Kano, Kaduna, Katsina, Kebbi, Sokoto and Zamfara), North East (Adamawa, Taraba, Yobe, Borno, Bauchi and Gombe) and North Central (Niger, Kwara, Benue, Kogi, Nasarawa and Plateau) plus FCT. In preparing the RPF the consultant carried out the following tasks: Task 1: Literature Review • Review of relevant Nigerian and World Bank ESSs and procedures regarding land take and involuntary resettlement. • Reviewed laws and regulations relating to the agencies responsible for implementing resettlement activities in the sub-projects; • Identified gaps, between local laws covering resettlement and the World Bank’s resettlement policy, and provided measures for addressing such gaps; • Reviewed some previous RPFs prepared for other recent World Bank projects in Nigeria and elsewhere (other countries), where there have been a greater number of resettlements and affected populations (e.g. the draft RPF for NEWMAP, RPF of LPRES, APPEALS and other agricultural projects etc.); • Reviewed and incorporated relevant data on population and social characteristics in the project areas. • National Bureau of Statistics (2009) Social Statistics in Nigeria • The Nigeria Land use Act • Forestry Act • Nigeria’s National laws and/or regulations on environmental assessments Task 2: Field Work and Data Gathering • Undertook social survey in five out of the nineteen states where the project will likely be implemented, namely, Sokoto, Kano, Niger, Nasarawa and Gombe RESETTLEMENT FRAMEWORK states to obtain relevant information. This was helpful in defining the content of the RPF. Issues such as the identification of existing land conflicts and/or patterns of conflict in the project area, how conflicts are being resolved, the existence and effectiveness of the existing grievance redress systems were addressed. • Undertook Public Consultations with the appropriate stakeholders including private sector farmers and MDAs to better appreciate the baseline conditions, capacity gaps, institutional arrangement at the state levels, the nature and extent of likely social impacts as well as who would likely be impacted by the project and how, etc. • Persons to be potentially affected by the project activities were consulted during the process. Task 3: Development and Preparation of Resettlement Policy Framework Report This involves the following line of actions: • Analysis of social groups and population in the participating states that may be affected by the project • General description of project impacts, avoidance measures and mitigation measures • Description of eligibility conditions for entitlement of compensation • Description of entitlement for categories of affected assets • Description of valuation framework • Description of framework for preparing Grievance Redress Mechanism • Procedure for assessing capacity need for RAP implementation CHAPTER TWO PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT 2.1 Resettlement Principles Involuntary land acquisition, restrictions on land use and involuntary resettlement caused by infrastructure projects, if unmitigated, could give rise to severe economic, social, and environmental risks and impacts such as adverse impacts on production systems, loss of productive assets or income sources, access to land, the performance of community institutions and social networks, kin groups ability to live and work together, and cultural identity and traditional authority. In anticipation of these social risks and impacts, ESS5 provides risk mitigation measures to address and mitigate these impoverishment risks and impacts. Implementation of ACRESAL may potentially result in utilization of land and loss of access and property which might cause involuntary resettlement. Components’ A (subcomponent A2) and B (subcomponent B2) activities may require land that will likely affect people in many ways. Those affected will have to be promptly. compensated for their loss of (land, property, or access) either in kind or in cash. The RESETTLEMENT FRAMEWORK implementing agency and SPMUs will ensure that people or communities affected by Components’ A and B are fully and promptly compensated and/or resettled before commencements of civil works as required by ESS5. The implementing agency and SPMUs shall not sign contract and mobilize contractors without i) completing 95% of compensation and resettlement assistance payments in the impact location(s)/corridor(s), ii) submitting completion of compensation and resettlement assistance payments report to the Bank and, iii) obtaining the Bank’s clearance on the report. 2.2 Objectives The objectives of ESS5 are as follows: • To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 2.3 Scope of Application Of ESS5 The applicability of ESS5 is established during the environmental and social assessment described in Environment and Social Standards 1 (ESS1). This ESS applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation: a. Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law, b. Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land if failure to reach settlement would have resulted in expropriation or other compulsory procedures, RESETTLEMENT FRAMEWORK c. Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project. d. Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project specific cut-off date, e. Displacement of people as a result of project impacts that render their land unusable or inaccessible. f. Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and cropping areas, g. Land rights or claims to land, or resources relinquished by individuals or communities without full payment of compensation, h. Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for, the project. ESS5 applies to all components of the ACRESAL that result in involuntary resettlement, land acquisition and land access restriction, regardless of the source of financing. It also applies to other activities resulting in involuntary land acquisition and land access restriction, that in the judgment of the Bank, are a) directly and significantly related to the Bank-assisted project, b) necessary to achieve its objectives as set forth in the project documents, and c) carried out, or planned to be carried out, contemporaneously with the project. The Project will ensure that where land acquisition is unavoidable for implementation of the project (which is expected to be the case for subcomponents A (A2) and B (B2) activities), this RPF will guide the preparation of Resettlement Action Plans (RAPs). For example, the RPF will apply to all civil works (such as construction or rehabilitation of storage, warehouses, training facilities, and construction of irrigation system ), as well as other maintenance works which may require land take or economic displacement hence trigger involuntary resettlement. All project affected persons (PAPs) will be promptly compensated for their lost assets at full replacement costs, and in the event of resettlement, be provided with supplementary assistance to help them improve, or at least restore, their livelihoods and standards of living to pre- displacement levels. In all cases after the compensation or resettlement has taken place, the PAPs will be “no worse-off if not better off�. The Project will: i) screen all activities and whenever subprojects or activities are expected to lead to the taking of land and to involuntary resettlement, ii) prepare a Resettlement Action Plan proportionate to the impacts and based on the principles stated in this RPF and, iii) submit the RAP to the World Bank for approval. RESETTLEMENT FRAMEWORK CHAPTER THREE PROCESSES FOR PREPARING AND APPROVING RESETTLEMENT PLANS 3.1 Screening and Preparation of RAP On completion of the detailed engineering designs, if the screening of the sub-project indicates involuntary resettlement impacts, a Resettlement Action Plan shall be prepared based on a census of the Project Affected Persons (PAPs) and socio- economic survey of PAPs. The screening of subprojects for social impacts based on the detailed design and sub-project components envisaged shall be determined by the PIU social specialist. The applicable RAP resulting from the screening exercise shall be prepared by an independent consultant while the implementation of the RAP will be undertaken by the SPMU. Extent of land being acquired and impact to private and public structures will be identified during screening and accordingly suitable modifications/changes in design should be explored to minimize social impacts. Based on the screening and any modifications to minimize impacts, if it is evident that the sub-project will involve involuntary resettlement, a census and socio-economic survey will have to be carried out. The census and socio-economic surveys of the project affected persons will be undertaken for every sub-project involving involuntary resettlement, so as to determine the magnitude of displacement and prospective losses, identify vulnerable groups for targeting, ascertain costs of resettlement, and prepare a Resettlement Action Plan for implementation. The project impacts, socio-economic and baseline conditions will be assessed based on a census, socio-economic survey and consultations with all directly and indirectly affected households. The impact and socio-economic conditions RESETTLEMENT FRAMEWORK will be carried out both at household and community levels through various field surveys and stakeholder’s consultation meetings. The instruments for data collection will contain an inventory of losses of each affected household, which will include details of potentially affected structures (i.e. houses), agricultural land, trees and other assets belonging to each household. The survey will also include inventory of businesses/ commercial structures as well as public and community structures. Table 1 presents the methodology that will be adopted in the surveys/census for data collection for impact assessment and preparation of the Resettlement Action Plan. Table1: Project Impact and Baseline Assessment Methodology Unit Level Data Collection Tools and Techniques Household Level • Household’s census/interviews • Inventory of losses survey (structures, trees and other assets) • Inventory of businesses/commercial units • Affected agricultural plots survey • Livelihood assessment survey • Gender assessment survey • Communication needs assessment survey • Impacts of road intersections survey • Vulnerable persons Community Level • Inventory of community structures • Village profiles for livelihood impact assessment survey • Stakeholders and community consultation meetings • Focus group discussion • Stakeholders meetings with SPMU • Vulnerable groups 3.2 Planning and Implementation Where land acquisition or restrictions on land use are unavoidable, ACReSAL Project will conduct census, inventory of losses (IOL) and socio-economic survey (SES) to identify the persons who will be affected by the project. These exercises will establish an inventory of land and assets to be affected, to determine who will be eligible for compensation and assistance, and to discourage ineligible persons, such as opportunistic settlers, from claiming benefits. The social assessment will also address the claims of communities or groups who, for valid reasons, may not be present in the project area during the time of the census, such as seasonal resource users, who RESETTLEMENT FRAMEWORK though are not part of the resident community, but are part of the community of resource users who depend on the resource for part of their livelihood, income and food and are well known to other members of the community (such as herders, grazers, fishers, or hunters). In conjunction with the census, the ACReSAL Project will establish a cutoff date for eligibility. Information regarding the cut-off date will be well documented and will be disseminated throughout the project area at regular intervals in written and (as appropriate) non-written forms. This will include posted warnings that persons settling in the project area after the cutoff date may be subject to removal. 3.3 Census and Socio-Economic Survey The census and socio-economic survey shall be carried out using a structured questionnaire to record the details of the present occupants of land being acquired, their tenure status (primary land user or secondary land user), the extent of land required for the proposed improvements, in order to: (i) assess the magnitude of impact to private assets; and (ii) to assess the extent of physical and/or economic displacement, as well as standard of living, inventory of assets, sources of income, level of indebtedness, profile of household members, health and sanitation, perceived benefits and impacts of the sub-project and resettlement preferences of those who require to relocate. This information would facilitate the preparation of a resettlement action plan to mitigate adverse impact. The purpose of the baseline socio-economic survey of affected persons is to capture the socio-economic characteristics of the affected persons and to establish monitoring and evaluation parameters. The key socio-economic indicators will be used as a benchmark for monitoring the socio-economic status of project affected persons. The survey shall cover all PAPs and the survey shall also collect gender-disaggregated data to address gender issues in resettlement. As part of socio-economic survey, a wide range of consultations with different impacted groups as well as other stakeholders will be conducted to ascertain their views and preferences. Based on the outcome of these consultations the design changes, if required, and mitigation measures will be incorporated. Consultations will include women and their concerns and reactions, in particular to land tenure, livelihood impacts, delivery of compensation, and resettlement planning, will be addressed through appropriate mitigation plan. 3.4 Determining ESS 5 Applicability Once subcomponents A (A2) and B (B2) detours impact locations/corridors are identified and the decision is made on the determination of associate facilities, if any, the second step is to undertake a census and inventory of assets in the full area of influence of the subcomponents and determine whether ESS5 applies to the proposed subprojects activities (including any associated facilities, if any). The screening RESETTLEMENT FRAMEWORK exercises for each subproject including any associated facility activity (ies) should provide answers to the following questions: • How much land area is required for advancing the components, including its activities and its associated facilities – if any? If the subcomponents do not need any land, ESS5 is not or will not be applicable If activities of subcomponent A and B requires private and public land to advance their activities, ESS5 is applicable. • Are inhabited dwellings involved? Wherever inhabited dwellings may potentially be affected by subprojects A detours and B, a documented effort will be made to relocate the activity to avoid any impact on such dwellings and to avoid displacement/relocation accordingly. However, in as much as such impacts prove unavoidable, the project will prepare the required RAPs. • Who owns the land? If part of the land has private owners and the Project intends to acquire the land using eminent domain, ESS5 is applied. If, however, all privately owned land is going to be sold voluntarily in the open market and the government is not going to use its right of eminent domain and if the potential PAPs have the option to refuse land acquisition or purchase, ESS5 is not applied. • If the Project requires publicly owned land, is this land subject to customary claim, squatters, or encroachers? If all the land required for the project is state owned and is not subject to competing customary claims, grazing rights, or squatters or encroachers, ESS5 is not applied. However, if the land is state- owned but is subject to competing claims, ESS5 is applied, • How is the land, including publicly owned land, currently used? This question helps to determine the scope of resettlement and livelihood issues in the case of private land and to identify possible temporary or seasonal use of state- owned land, even though the land may appear to be empty, • What is the rough estimate of resettlement impacts to result from subcomponents A and B land requirements? This question helps the Project assess the scale of resettlement and/or economic displacement and determine the proportionality and appropriateness of resettlement instrument to use, • Will the Project be able to identify, before subproject approval, all the land required for components? This question helps determine the proportionality and timing of resettlement instrument required for the sub-project. If all the land parcels required for the components cannot be identified before subproject approval, specific provisions will need to be included in the RAP prepared for the sub-component to ensure that any additional land is acquired and economic displacement compensated in accordance with ESS5, this RPF and specific provisions of the component RAP, that stakeholders are aware of the issues and that any additional land acquisition is minimized and well supervised. • If activities of subcomponents of the Project are in a legally designated park or protected area, will the access of the people living inside or around the park be RESETTLEMENT FRAMEWORK restricted? If yes, ESS5 becomes relevant and a process framework is required, leading to agreed mitigation measures before the restrictions can be imposed. The screening process for resettlement/livelihoods impact will be coordinated with the overall subcomponents screening exercises. 3.5 Resettlement Action Plan The Resettlement Action Plan will be prepared based on the findings of the census and socio-economic survey and consultations. It will include the findings of the census of project affected persons, and their entitlements to restore losses, socio economic characteristics of the project affected persons, institutional mechanisms and implementation schedules, budgets, assessment of feasible income restoration mechanisms, allotment of land from land reserve and issue of land users’ certificate, development of resettlement sites and relocation, grievance redress mechanism, coordination of implementation in conjunction with civil works procurement and construction schedules and monitoring mechanism. The resettlement action plan should be structured as per the outline in Annex 2 and will be detailed as needed depending upon the magnitude and nature of impacts. The Resettlement Action Plans will comply with the principles outlined in this RPF adopted for the project. The RAP for sub-projects will be reviewed and endorsed by the World Bank and approved by the SPMU prior to invitation of bids for civil works. Allotment of land, disbursement of compensation payments and entitlements will be made prior to displacement and prior to handing over of the land parcels to contractors. 3.6 RAP Approval and Clearance Once the magnitude of impacts of subprojects activities are determined, the proportionality of impacts mitigation measures is agreed upon and the required planning instruments are prepared, the following approval and clearance steps/procedures should be followed: • For each subcomponent activities (including any associated facilities-if any) a Subproject- or component-specific RAP needs to be submitted to the Bank for approval as a condition of its financing of the respective subproject or component. The RAP must contain or cover all minimum elements of RAP stated in ESS5, • For each subproject, evidence of satisfactory RAP implementation report including payment/delivery of all compensations must be provided to and for the Bank clearance before the site can be cleared and construction can start. • If subcomponents activities impose restrictions of access to legally designated parks or protected areas, the Project will submit a Process Framework (PF) as a condition for subproject approval. The PF must contain or cover all minimum elements of PF stated in. RESETTLEMENT FRAMEWORK • If subcomponents activities (including any associated facilities – if any) impose restrictions of access to legally designated parks or protected areas, the specific plans of action describing the mitigation measures agreed to by the affected communities need to be submitted by SPMU for World Bank approval before the restrictions can be imposed. • The RAP shall be approved by the World Bank, prior to disclosure and implementation. 3.7 Disclosure Requirements As a standard practice, the Project safeguard documents including RPF and RAP/s released for disclosure are accompanied by making available the registers of comments and suggestions from the public that are subsequently documented by the SPMU in a formal manner. SPMU will continue applying the similar approach to disclosure for any additional safeguard appraisal materials that will be prepared as part of the project development. The RPF and RAP will be disclosed in compliance with relevant Nigerian regulations and the relevant World Bank’s ESSs (ESS5 and ESS10). It will be disclosed in-country at designated centers such as Ministry of Agriculture and Rural Development, Federal Ministry of Environment, State Ministry of Land and Survey, State Ministry of Environment, other stakeholders in the nineteen states of northern Nigeria and at strategic locations in the affected communities. It will also be disclosed in 2 daily newspapers for 21 days as required by the Nigerian extant laws. Electronic copies of the safeguard documents will be placed on the project website and also, the World Bank will disclose the document on its website. This will allow stakeholders with access to Internet to view information about the planned development and to initiate their involvement in the public consultation process. The website will be equipped with an on-line feedback feature that will enable readers to leave their comments in relation to the disclosed materials. The mechanisms which will be used for facilitating input from stakeholders will include grievance redress mechanism developed for this project, press releases and announcements in the media, notifications of the aforementioned disclosed materials to local, regional and national NGOs as well as other interested parties. RESETTLEMENT FRAMEWORK CHAPTER FOUR POTENTIAL IMPACTS RISKS AND MITIGATION MEASURES 4.1 Project Affected Persons In the context of this RPF, Project Affected Persons (PAPs) are those who stand to lose as a consequence of the project (most likely from Components A (A2) and B (B2) interventions), all or part of their assets, including homes, communities, productive lands, resources such as forests, fishing areas or important cultural sites, commercial properties, tenancy, income-earning opportunities as well as social and cultural networks and activities. Such impacts may be permanent or temporary. This might occur through land expropriation and include restricted or reduced access to legally designated fishing areas, wetlands and protected areas. At this stage of ACReSAL preparation, accurate figures with regard to the amount of land-space to be used, exact location of and actual sub-project activities, and numbers of affected peoples, are not available. The socio-economic study/survey during RAPs/ARAPs preparation will provide more information on physical resettlement, social conditions of the potentially affected persons and even estimates before sub- project implementation. Table 2 provides a generic category of losses/disturbance/disruptions which could arise from the various ACReSAL sub-projects and potentially affected persons/groups. Table 2: Types of Adverse Impacts and Potentially Affected Groups S/No Type of Impact Description of Potential Impact Affected Group 1 Loss of fallow Acquisition of land for the project will affect Land owners, and agricultural agricultural land, fallow land and all land tenants, squatters, Land owned and/or used for varying crops and farmers (livestock & livelihood purposes crop), pastoralists, and hunters. 2 Land use It is not inconceivable that land acquisition Farmer groups, alteration, will deplete reasonably the available land for community and land depletion and different land use and will trigger high cost users high cost for land of land and conflict over land use 3 Displacement Possible cases of involuntary resettlement Communities and will occur. This could alienate the people settlers RESETTLEMENT FRAMEWORK from their associations, cultures and kinsmen 4 Loss of grazing Land clearing /use will deny herdsmen the Settled cattle ground pastoral grounds and pastures for their herders and transit livestock and livelihoods pastoralists 5 Loss of common Land acquisition and restriction is expected Vulnerable groups, natural property to result to loss or disturbance to common (women, children, natural resources such as water bodies, physically forest materials, fisheries and wildlife challenged, aged) hunters, farmers 6 Loss of building This impact may occur because the project Households and and will to a large extent, involve climate resilient community Structures civil works and vegetative interventions as members who have well as new constructions, though, this will legal rights to the be carried out in a manner that avoids land they occupy, demolition of structures to a large extent. illegal occupants and squatters. 7 Loss of Use of farm land to rebuild and strengthen Women, youth, crop employment basic community infrastructure including farmers water point improvement, small-scale solar installations, bioenergy, post-harvest management and shared storage will lead to loss and/or depletion of land for land based agricultural livelihood 8 Loss of sensitive This may range from artefacts to shrines Community cultural heritage and graveyards 9 Local conflicts Issues of compensation benefits may result Host communities, to conflicts among kinsmen and neighbours. migrant workers, The migration of strangers induced by the investors project development may also result to conflict between the host communities and migrants 10 Grievances, These impacts are envisaged as fallout of Farmers, court cases and poor implementation of involuntary government, social unrest resettlement or due to dissatisfaction by the community PAPs. It may not only affect the community but may stall project implementation and sustainability 11 Residual loss of Some groups of persons may suffer adverse Elderly, Widows livelihood and impacts more than others due to their and most poor assets physical incapacitation, age and gender. female headed Also, certain people in crisis affected areas households, may have relocated and may not return to RESETTLEMENT FRAMEWORK participate in the RAP process until cut-off Internally displaced date. persons 12 Gender Based Violence, intimidation, sexual abuse, forced Women and girls Violence and prostitution by migrant workers or possibly Sexual by men of same households by virtue of Exploitation extra incomes from compensations. (GBV/SEA) 13 HIV/AIDs and Same as above Women and girls Other Transmittable Diseases. 14 Labour Potential migration of workers that might Youth, women, girls Influx/Child create conflict and other social ills with host and children and/or Forced communities. Potential use of underage Labour children for unsafe labour at the project sites. 15 Elite Capture Potential project benefits could be high Women, Illiterate jacked by few elites. Farmers and vulnerable groups 4.2 Potential Impacts and Risks Displacement risks and impacts of the proposed ACReSAL Project may be fully ascertained largely during each subproject preparation and implementation phase. The ACReSAL Project will finalize the sub-project selection based on the community needs and assessment. Actual project impacts will be identified based on Census, Inventory of Loses (IOL) and Socio-Economic Survey (SES). The potential risks and impacts may include: (i) land acquisition along the expanded right-of-Way (ROW); (ii) permanent and/or temporary physical displacement of residential and commercial households including the Common Property Resources (CPR); (iii) temporary economic displacement of some vendors and businesses along the ROW and in market areas where some rural roads will be constructed and/or rehabilitated; (iv) Loss of trees and crops and (iv) Increased risk of GBV. Due to the nature and scale of the Project, the number of sub-projects, the project is classified as ‘high’ for environmental and social risks and as defined under bank ESF. The risk categorization also takes into account the limited capacity of SPMUs on E&S risk management, in particular with regard to the provisions of Bank’s ESF and specifically, the ESS5. However, the overall impacts are expected to be positive and include the followings: a. Increase in production, employment and per capita income; RESETTLEMENT FRAMEWORK b. Creates avenue for export purposes; c. There will be more contribution to GDP and revenue to the States and communities/farmers; d. Breed improvement will enhance animal stock, food security and sufficiency; e. Conflict minimization is expected through improvement in artificial insemination and cross breeding methods. 4.3 Framework to avoid or minimize Impacts and Risks to the Success of ACReSAL Project From the experience of similar projects and the concerns from stakeholder consultations conducted, this RPF in line with the World Bank ESSs provides guidance to impact avoidance and minimization. The Bank’s ESS5 require that as much as reasonably practicable, involuntary resettlement should be avoided or minimized. In line with this, the SPMUs will control these risks by avoiding/minimizing some of the impacts through the following considerations: a. Early consultation with potential PAPs and project communities, where their suggestions could help to avoid adverse impacts. b. Design changes that avoid encumbrances or impacts. c. Use of existing right of way that minimizes encumbrances for infrastructure facility routing such as road rehabilitation; d. Offering host communities, the opportunity to participate in the planning process of the sub projects including issues on land acquisition. 4.4 Mitigation Measures Impacts that cannot be avoided and minimized will be addressed via adequate compensation and will be determined via social assessment during ARAP/RAP preparation stage within the location for land acquisition/investment. The framework for the compensation/resettlement will then be applied incorporating the following: a) institutional arrangements; b) resettlement/ compensation eligibility criteria. c) valuation procedures; d) implementation procedures; e) financial responsibilities; and f) monitoring and evaluation plan. Livelihood restoration measures will consider issues such as: a) income; b) other non- monetary sources of livelihood; c) constraints and opportunities for income generation. d) number of persons notable to revert to previous occupation; and e) existing skills of affected persons. PAPs will be consciously consulted and engaged to continuously participate in all involuntary resettlement planning issues that would lead to the preparation of Resettlement Plans. RESETTLEMENT FRAMEWORK 4.4.1 Identification and Assistance to Vulnerable Groups The principles adopted under resettlement process entails special measures and assistance for vulnerable affected persons, such as female-headed households, disabled persons, aged people, migrants and the poor. Vulnerable persons among the PAPs will be identified and special assistance offered during the compensation implementation process. For such groups, the negative impacts of the project interventions may worsen their conditions due to displacement, compensation, and resettlement process. ACReSAL will identify and assess vulnerable persons through census and the RAP process when subcomponents scope and activities are properly identified and confirmed. Vulnerable people to be considered under the Project include: • The elderly, age-above 65 years • Widows; • dependent persons, • small-scale female farmers/women migrant farmers and herdsmen, • unmarried aged women and/or widow-female-headed households • orphaned and street children • Physically/mentally challenged/ highly depressed persons; • Affected Persons who are too ill, bedridden, hospitalized or affected by HIV/AIDS; • Unemployed youth; • Migrant without proper land documents. 4.4.2 Assistance to Vulnerable Persons RAPs for various subprojects will include specialized assistance and support for vulnerable persons, depending on the circumstances of vulnerability and needs. Assistance to vulnerable people may include but not limited to the following: • Financial management training to support better and effective utilization of compensation funds; movement assistance including secured transport and rent subsidy. This may be mainstreamed through component C activities of the project • Logistical support for vulnerable households to assist them access their compensation benefits, e.g. transport to bank to cash compensation cheques; and • Assistance in building: providing materials, workforce, or building houses 4.4.3 Provisions to be made in RAPs RESETTLEMENT FRAMEWORK RAPs to be prepared for subprojects will include measures for identifying and assisting vulnerable people at the census stage. Upon identification, further assessment will be conducted to identify the cause and impacts of their vulnerability, either through direct interviews by the RAP consultant or the state project coordinator or social officer at the project inception stage of the RAP/ARAP preparation stage. This is to ensure participation and early identification to ensure that their disability/vulnerability may be known upfront and appropriate measures put in place to minimize the project adverse impacts on them. Female-headed households are also considered a vulnerable group. Any negative impact of a sub-project on female-headed households will be treated on a priority basis. The resettlement plan will formulate measures to ensure that socio-economic conditions, needs and priorities of women are identified, and the process of land acquisition and resettlement does not disadvantage women. It will ensure that gender impacts are adequately addressed and mitigated. Women focus groups discussions will be conducted to address specific women issues. During disbursement of compensation and provision of assistance, priority will be given to female-headed households. CHAPTER FIVE RESETTLEMENT FRAMEWORK LEGAL/INSTITUTIONAL GUIDELINES, REQUIREMENTS AND PRINCIPLES GOVERNING RESETTLEMENT 5.1 Land Ownership in Nigeria A range of diverse cultural and traditional practices and customs characterize the complex land ownership in Nigeria. The land tenure system in Nigeria is essentially an intricate mix of traditional customary land ownership and the national legislation known as the Land Use Act (LUA) 1978. However, the Land Use Act (LUA) of 1978, reviewed under Cap 202, 1990 is the legal framework for land acquisition and resettlement in Nigeria. Most Community Driven Projects are land based. To this end, various interests and titles to particular pieces of land may be impacted. Therefore, an analysis of the legal framework for the project will be carried out in the RAP and this will consider the various land holding arrangements in the assessment of entitlements and compensations for the various interests for lands acquired. Below is a broad land ownership classification in Nigeria: 1. Community land (Ancestral Land): owned by all the people. 2. Communal land: consists mostly of under-developed forests and owned by nobody. Those who clear it first claim ownership. 3. Clan or family land: owned by clans and families 4. Institutional land: land allocated to traditional institutions such as traditional authorities and chiefs. 5. Individual land: land acquired by an individual, which may be inherited by the immediate family, depending on customary practices or purchased or allocated by the government Apart from the above classifications, there are also: a. Leasehold Tenure System. A wide range of arrangements are possible, ranging from very short terms to the 99-years b. Gift Tenure System. c. Sharecropping: a legal arrangement with regard to agricultural land in which a landowner allows a tenant to use the land in return for a share of the crops produced on that land Although the scenarios painted above holds in Nigeria, the government still acts as the owner of all lands by the Land Use Act 1978. What this means is that the government can acquire land from anywhere including individual lands through land acquisition procedure and revocation of rights. 5.2 Nigerian Legal/Institutional Guidelines and Requirements RESETTLEMENT FRAMEWORK 5.2.1 Land Use Act of 1978 and Resettlement Procedures The Land Use Act, Cap 202, 1990 Laws of the Federation of Nigeria is the applicable law regarding ownership, transfer, acquisition and all such dealings on Land. The provisions of the Act vest every Parcel of Land in every State of the Federation in the Executive Governor of the State. He holds such parcel of land in trust for the people and government of the State. The Act categorized the land in a state to urban and non-urban or local areas. The administration of the urban land is vested in the Governor, while the latter is vested in the Local Government Councils. At any rate, all lands irrespective of the category belongs to the State while individuals only enjoy a right of occupancy as contained in the certificate of occupancy, or where the grants are “deemed�. Thus, the Land Use Act is the key legislation that has direct relevance to resettlement and compensation in Nigeria. Relevant Sections of these laws with respect to land ownership and property rights, resettlement and compensation are summarized in this section. The concept of ownership of land as known in the western context is varied by the Act. The Governor administers the land for the common good and benefits of all Nigerians. The law makes it lawful for the Governor to grant statutory rights of occupancy for all purposes, such as a g r i c u l t u r a l ( including g r a z i n g a n d ancillary activities), residential a n d other purposes. But the limit of such grant is 500 hectares for agricultural purpose and 5, 000 hectares for grazing with the consent of the Governor. The Statutory rights of Occupancy are for a definite time (the limit is 99 years) and may be granted subject to the terms of any contract made between the state Governor and the Holder. The local Government, under the Act is allowed to enter, use and occupy for public purposes any land within its jurisdiction that does not fall within an area compulsorily acquired by the Government of the Federation or of relevant State; or subject to any laws relating to minerals or mineral oils. 5.2.2 Requirements of the Land Use Act The State is required to establish an administrative system for the revocation of the rights of occupancy, and payment of compensation for the affected parties. So, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each State that determines disputes as to compensation payable for improvements on the land. (Section 2 (2) (c). In addition, each State is required to set up a Land Allocation Advisory Committee, to advise the Local Government on matters related to the management of land. The holder or occupier of such revoked land is to be entitled to the value of the RESETTLEMENT FRAMEWORK unexhausted development as at the date of revocation. (Section 6) (5). Where land subject to customary right of Occupancy and used for agricultural purposes is revoked under the Land Use Act, the local government can allocate alternative land for the same purpose (section 6) (6). If local government refuses or neglects within a reasonable time to pay compensation to a holder or occupier, the Governor may proceed to effect assessment under section 29 and direct the Local Government to pay the amount of such compensation to the holder or occupier. (Section 6) (7). Where a right of occupancy is revoked on the ground either that the land is required by the Local, State or Federal Government for public purpose or for the extraction of building materials, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. Unexhausted improvement has been defined by the Act as: anything of any quality permanently attached to the land directly resulting from the expenditure of capital or labour by any occupier or any person acting on his behalf and increasing the productive capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or trees, fencing walls, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce. Developed Land is also defined in the generous manner under Section 50(1) as follows: Land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes. It follows from the foregoing that compensation is not payable on vacant land on which there exist no physical improvements resulting from the expenditure of capital or labour. The compensation payable is the estimated value of the unexhausted improvements at the date of revocation. 5.3 Land Acquisition Procedures in Nigeria Land acquisition procedure in all the states of Nigeria is similar and derives from the national legislation- the Land Use Act 1978. According to sections 28 and 29 of the legislation, the compulsory land acquisition needs to follow these steps: a. Individuals/organizations request land from the State Governor, who in turn instructs the Commissioner of Land to obtain the land through compulsory land acquisition. b. The Commissioner of Land instructs the Surveyor General to demarcate the land and conduct a land survey i.e. identifies the owner and establishes the compensation entitled under the national legislation. RESETTLEMENT FRAMEWORK c. After the Commissioner of Land has reviewed and approved the survey results, the Director of Land issues a public announcement/notice to the concerned communities that invites all right holders to identify themselves to the authorities. d. After the end of the public disclosure period a final survey is conducted to confirm the findings of the land survey and/or register any changes. e. After the survey results have been either accepted by the right holders or confirmed by the Director of Lands, compensation is paid, and the land becomes the possession of the State government, which then in turn can issue a certificate of occupancy to the investor. To conduct this process the State Government is required to establish a Land Use and Allocation Committee that reviews and solves disputes related to the compensation amounts. In addition, the State Government is required to set up a Land Allocation Advisory Committee, to advise the Local Governments on how to identify and allocate replacement land, when customary rights of occupancy on agriculture land are expropriated. The State Government has further the right to take over the process if the Local Government doesn’t solve this issue in a reasonable time. As the land is held in trust by the State Government, there is no compensation foreseen for the land as such, but for the “unexhausted improvement�, which is defined as anything of any quality permanently attached to the land directly resulting from the expenditure of capital or labour by any occupier or any person acting on his behalf, and increasing the productive capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or trees, fencing walls, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce.� Consequently, developed land is defined in section 50(1) as “land where there exist any physical improvement road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes�. In sum, the provisions of the Land Use Act with a view on compensation are: a. Compensation is not paid for fallow or undeveloped land i.e. with no physical improvements resulting from expenditure, capital or labour. b. Compensation is estimated based on the value of improvements. c. The provision of Section 6(5) of the Act, which defines that the “holder� and the “occupier� of customary right of occupancy are entitled for this compensation, is rather confusing and vague as it fails to acknowledge that the holder of the certificate of occupancy might be different from the occupier /user of the land, just as the user of improvement on land (e.g. house) may be a tenant rather than the owner, who is the holder of certificate of occupancy. d. When the right of occupancy is revoked in respect of a part of a larger portion of land, compensation shall be computed in respect of the whole land for an RESETTLEMENT FRAMEWORK amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked less a proportionate amount calculated in relation to the area not affected by the revocation; and any interest payable shall be assessed and computed in the like manner. e. When there are buildings, improvement or crops on the portion revoked, the compensation amount shall follow the principle outlined above. The Act makes no clear description of how the public or the PAPs will be consulted in the process of involuntary resettlement and again remains rather vague by saying “there shall be a public notice so that those who have interest in the affected land will indicate their interest�. Considering that the ACReSAL Project will be implemented on public and private land, the SPMU will conduct detailed consultations with customarily recognized or legally titled landowners and any non-titled affected people, such as squatters, tenants, and herders that may have access to these areas. In respect of herders, the SPMU and the state government in consultation with affected herders will allocate alternative grazing area and cash compensation paid in case of temporary loss of income while other assistance like movement/ rental allowance will be provided to tenants. 5.4 The World Bank Environment and Social Standards Since October 2018, all World Bank funded Investment Project Financing (IPF) are required to follow the Environmental and Social Framework (ESF) consisting ten (10) Environment and Social Standards (ESSs). These ESSs set out their requirement for the borrowers relating to the identification and assessment of environmental and social risks and impacts associated with any project. The ESSs support the borrowers in achieving good international practice relating to environmental and social sustainability, assist them in fulfilling their national and international environmental and social obligations, enhance transparency and accountability and ensure sustainable development outcome through ongoing stakeholder engagement. Among the 10 standards, ESS5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons. FPMU has prepared this RPF following the guidelines suggested under ESS5. 5.4.1 Objectives of ESS 5 a. To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. b. To avoid forced eviction. c. To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation RESETTLEMENT FRAMEWORK for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. d. To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. e. To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. f. To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 5.4.2 Applicability of ESS5 ESS5 will apply as the direct social and economic impacts of a project that are permanent or temporary and are caused by the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (iv) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. The ESS5 also applies in case any subproject activities found as ‘linked’ or ‘associated facility’. This ESS5 requirements and provisions apply to all components of ACReSAL Project that result in involuntary resettlement, regardless of the source of financing. In addition, ESS5 applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation: a. Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law; b. Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land, if failure to reach settlement would have resulted in expropriation or other compulsory procedures; c. Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage RESETTLEMENT FRAMEWORK where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project; d. Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project specific cut-off date; e. Displacement of people as a result of project impacts that render their land unusable or inaccessible. f. Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and cropping areas; g. Land rights or claims to land or resources relinquished by individuals or communities without full payment of compensation; and h. Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for, the project. International standards and approaches to access and value assets and land involving compulsory acquisition or displacement is gradually being adopted in Nigeria based on lessons learned from early investments that caused significant resistance by public and private actors in Nigeria. Consultations with varied stakeholders for this RPF reveal that most states in Nigeria have improved on the valuation rate it uses for assets, which is a departure from the obsolete gazetted rate contained in the Land Use Act of 1978. The current rates used by individual states are varied but under this project, the participating states have committed to complying with the requirements of the World Bank Environmental and Social Standards (ESS). The World Bank ESS5 applies to all components of this Project including activities resulting in involuntary resettlement that are (a) directly and significantly related to the project, (b) necessary to achieve its objectives as set forth in the project documents and (c) carried out, or planned to be carried out, contemporaneously with the investments. The Bank’s ESS5 covers direct economic and social impacts caused by the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether the affected persons must move to another location. To address these impacts a RPF and subsequent RAPs are prepared to ensure that the displaced persons are (i) informed about their options and RESETTLEMENT FRAMEWORK rights pertaining to resettlement, (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the investment. If the impacts include physical relocation, the RPF and RAPs include measures to ensure that the displaced persons are compensated through (i) Land for land compensation or any other in-kind compensation agreed to with the community (ii) provided assistance (such as moving allowances) during relocation; and (iii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. Where necessary, the RPF and RAPs shall also include measures to ensure that displaced persons are (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living and (ii) provided with development assistance in addition to compensation measures as outlined above (iii) such as land preparation, credit facilities, training, or job opportunities. Attention should be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. The implementation of the land acquisition and resettlement activities shall be linked to the implementation of the investments to ensure that displacement does not occur before necessary measures for resettlement are in place. These measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. Taking of land and related assets shall take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. As indicated for displaced people whose livelihoods are land-based, preference should be given to land-based resettlement strategies and affected persons provided with land for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fraction of the RESETTLEMENT FRAMEWORK affected asset and the residual is economically viable; (b) active markets for land, housing, and labour exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. Displaced persons may be classified in one of the following three groups: a. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the RAP; and c. those who have no recognizable legal right or claim to the land they are occupying. Persons covered under para. (a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under para. (c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in ESS5, if they occupy the project area prior to a cut-off. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons are provided compensation for loss of assets other than land. 5.5 Gap Analysis between Nigerian Law and World Bank ESS5 and Gap filling Measures In Table 3, a comparison between Nigerian Land law and the WB ESS 5 is shown. Whereas the law relating to land administration in Nigeria is wide and varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank’s ESS 5 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by an announced cut -off date. The Table provides assessment of key relevant clauses in the Nigerian extant law regarding involuntary resettlement/land acquisition and that of the World Bank ESS 5 and provides solutions to existing gaps. The Nigeria Land Use Act and World Bank ESS 5 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons prior to the commencement of works. Thus all land to be acquired by the government for this project will be so acquired subject to the Laws of Nigeria and the Bank ESS 5 Table 3: Gaps between Nigerian Law and World Bank ESS5 and Gap filling Measures / Actions RESETTLEMENT FRAMEWORK Category Nigerian Law World Bank ESS5 Measures to Filling the Gaps Minimization No requirement to Involuntary Design of footprints of consider all options resettlement should (actual and specific resettlement of project design in be avoided where designs) of project- order to minimize feasible, or related activities, the need for minimized, particularly commercial resettlement or exploring all viable farmland, will be displacement alternative project undertaken to minimize designs resettlement. Information It’s lawful to revoke PAPs are required PAPs shall be and or acquire land by to be meaningfully meaningfully consulted Consultation the governor after consulted and and engaged in the issuance of notice. participate in the resettlement process No consultation is resettlement required. process Timing of The law is silent on Compensation Compensation and Compensati timing of payment implementation to resettlement on take precedence implementation to take before constructionplace before or displacement construction or displacement Livelihood Makes no Requires that Livelihood restoration restoration proscription on vulnerable PAPs be measures will be put in livelihood rehabilitated place for vulnerable restoration PAPs measures Grievance The land use and Requires that a A grievance redress Process allocation grievance redress committee (GRC) shall committee mechanism be set be established early appointed by the early constituting and existing local Governor is vested the representative redress process shall with all disputes/ of PAPs and, be considered to grievances and prefers local address issues of compensation redress project induced matters mechanism. The grievances. PAPs or law court is the last their representatives resort when shall be members of available the GRC. mechanism or outcome is unsatisfactory to PAP. RESETTLEMENT FRAMEWORK Owners of Compensation for Compensation for Compensation for the economic an amount equal to the market value of market value of the trees and the value as the yield plus the yield plus the cost of crops prescribed by the cost of nursery to nursery to maturity (for appropriate officer of maturity (for economic tree) and the government economic tree) and labour labour Community Compensation in Land for land Land for land land with cash to the compensation or compensation or any customary community, chief or any other in-kind other in-kind right leader of the compensation compensation agreed community for the agreed to with the to with the community benefit of the community community Agricultural Entitled to Land for land Land for land land alternative compensation compensation agricultural land2 Fallow land No compensation Land for land Land for land compensation compensation subject subject to land to land holding right holding right Statutory Cash compensation Recommends land- Recommends land-for- and equal to the rent for-land land compensation or customary paid by the compensation or other form of right Land occupier during the other form of compensation at full Owners year in which the compensation at replacement cost. right of occupancy full replacement was revoked cost. Land Entitled to Are entitled to Are entitled to some Tenants compensation some form of form of compensation based upon the compensation whatever the legal amount of rights whatever the legal recognition of their they hold upon recognition of their occupancy. land. occupancy. Squatters Not entitled to Are to be provided Are to be provided settlers and compensation for resettlement resettlement migrants land but entitled to assistance in assistance in addition compensation for addition to to compensation for crops. compensation for affected assets; but no affected assets; but compensation for land 2 Nigerian Land Use Act 1978 RESETTLEMENT FRAMEWORK no compensation for land Owners of Cash compensation Entitled to in-kind Entitled to in-kind “Non- based on market compensation or compensation or cash permanent� value of the cash compensation compensation at full Buildings building (that at full replacement replacement cost means depreciation cost including including labour and is allowed) labour and relocation expenses, relocation prior to displacement. expenses, prior to displacement. Owners of Resettlement in any Entitled to in-kind Entitled to in-kind “Permanent� other place by way compensation or compensation or cash buildings of reasonable cash compensation compensation at full and alternative at full replacement replacement cost installations accommodation or cost including including labour and Cash labour and relocation expenses, Compensation relocation prior to displacement. based on market expenses, prior to value. displacement. Refusal to No categorical The taking of land The project must accept statement and related assets provide a means compensation may only proceed if satisfactory for or when PAP the project has resolving the dispute cannot be deposited funds concerning the offer of found equal to the amount compensation in a offered as timely and equitable compensation plus manner. 10 percent in a secure form of escrow or other interest-bearing deposit Attention to Does not have any Special attention Special attention will vulnerable provision to give will be taken by the be taken by the project groups special attention to project for the for the vulnerable the vulnerable vulnerable groups groups’ i.e. additional groups like women, i.e. additional grant, grant, access to disables or livelihood training, finance, livelihood disadvantaged job opportunities training and job group during construction opportunities during etc. construction and RESETTLEMENT FRAMEWORK movement allowance where required. 5.6 Key Ingredients of the Review of Nigeria Legislation and the International Policy on Involuntary Resettlement Following the review and gap analysis contained in Table 3, the following conclusions can be made: a. In the event of divergence between the Nigeria Legislation and the World Bank Environmental and Social Standards, the more stringent and pro-poor provision is to be followed in the implementation of this project. b. That entitlement value for affected land and assets varies with the type of asset which are identified as follow: o State (urban and non-urban) owned Land State owned land would be allocated free by the Governor or Local Government (perhaps except for processing and registration fees). The State Agency would be expected to pay compensation/resettlement assistance to acquire land in this category in cases where the state-owned land is being used by landlords or squatters, settled upon or otherwise being used. o Privately owned Land Privately owned property would have to be acquired at the full replacement cost. The guiding principle is that whoever was using the land to be acquired would be provided other land of equal size and quality. o Assets held under Customary Law According to Nigeria law, assets held under customary rights are in the Local Government jurisdictions only and would have to be valued according to the following method and compensation paid for: i. The ACReSAL SPMU would compensate for assets and investments, including labour, buildings, and other improvements, according to the provisions of the resettlement plan which will be based on Replacement Cost Approach. Estimated rates and standard for crops, economic trees, land, structures, building materials etc., is provided in annex 7. Compensation rates would be based on full replacement costs as of the date and time that the replacement is to be provided; ii. Compensation would not be made to PAPs moving into the project area after the entitlement cut-off date. Also, any improvements made after the cut-off date will not be compensated for in compliance with this policy. Under customary law land belongs to chiefdoms, towns and villages; RESETTLEMENT FRAMEWORK iii. The permanent and temporary losses of any such land will be covered by community compensation, which will be in-kind or in cash, only. However, because the Bank’s ESS5 makes no distinction between statute and customary rights, not only assets and investments will be compensated for, but also land; Thus, a customary landowner will be compensated for the land and investments on the land, and land user on state / community owned land will be compensated for assets, investments, loss of access etc. at market rates at the time of the loss. ACReSAL will ensure implementation of the following for different interventions: Project design: ACReSAL SPMU will try to avoid involuntary land acquisition, voluntary land donation or restrictions on land use. For this purpose, ACReSAL will consider feasible alternative project designs to avoid or minimize land acquisition or restrictions on land use, especially where this would result in physical or economic displacement. The overall principle will be to balance the environmental, social, and financial costs and benefits, while paying particular attention to impacts on the women, poor and vulnerable. When land acquisition or restrictions on land use (whether permanent or temporary) cannot be avoided, ACReSAL will offer affected persons compensation at replacement cost, and other assistance as may be necessary to help them improve or at least restore their standards of living or livelihoods to the pre- project level. Compensation and benefits for affected persons: All lands proposed to be acquired, requisitioned, affected structures, trees, business, community property and crops under the ACReSAL Project will be compensated as per replacement cost consistent with both government and ESS 5 or for land value “land for land� entitlement. Compensation standards for categories of land and fixed assets will be disclosed and applied consistently (See Annex 7 for compensation of land, crops trees, and other assets; these may have to be adjusted for inflation). Compensation rates may be subject to upward adjustment if there are delays in compensation payment. In all cases, a clear basis for calculation of compensation will be documented, and compensation distributed in accordance with transparent procedures using the Replacement Cost Approach (RCA) based on current market rate, through focused group discussion and stakeholder consultation process. Public services and facilities: Public services and facilities interrupted and/ or relocated due to relocation will be fully restored and re-established at their original location or a relocation site prior to commencement of work by the SPMU in collaboration with relevant public service provider. All compensation, relocation, restoration and rehabilitation provisions of this RPF are applicable to public services and facilities and the SPMU shall bear the financial cost of relocating all public facilities affected by the ACReSAL Project. These may include but are not limited to schools, religious centers, markets, health centers, parks, community centers, local RESETTLEMENT FRAMEWORK government administration, water supply, shrine and graveyards. However, for graveyard, the consent of the religious persons, local persons as well and local administration will be sought to mitigate the impact. Impacts on religious sites will be avoided as much as possible. Vulnerable PAPs: All vulnerable PAPs including disabled-headed, elderly-headed and poor household etc., are entitled to livelihood restoration/ improvement support in the form of cash, job-placement, and additional financial support in the form of grants for investments in business or re-employment related equipment and buildings, as well as organizational and logistical support to establish the PAP in an alternative income generation activity. Affected Women and Female Headed Households: To ensure a clear understanding and due consideration of specific relocation and/ or resettlement impacts on displaced women and to safeguard their livelihoods, specific provisions for women will be adopted for the resettlement process, including (i) enumeration of all women and, if applicable, of their status as heads of household or otherwise vulnerable persons; (ii) collection of gender disaggregated socio-economic data; (iii) consultation of women in joint or separate meetings; (iv) due consideration of grievances lodged by women; and (iv) provision of compensation and/ or new titles to women if they are titled or recognized owners of lost assets, and provisions of restoration and rehabilitation measures to women, if households are female headed or women’s livelihood is directly concerned. The RAP for relevant activities will detail the scope of impacts on women and where required gender action plans will be prepared, implemented and monitored within or outside RAPs. Community Engagement: The SPMU will engage with affected communities through the process of stakeholder engagement described in ESS10 on Stakeholder Engagement and Information Disclosure. Decision-making processes related to resettlement and livelihood restoration will include options and alternatives from which affected persons may choose. Disclosure of relevant information and meaningful participation of affected communities and persons will take place during the consideration of alternative project designs, and thereafter throughout the planning, implementation, monitoring, and evaluation of the compensation process, livelihood restoration activities, and relocation process. Grievance Mechanism: The SPMU will ensure that a grievance mechanism for the project is in place, in accordance with ESS10 as early as possible in project development to address specific concerns about compensation, relocation or livelihood restoration measures raised by displaced persons (or others) in a timely fashion. A separate GRM for the management of Gender Based Violence (GBV) and labour management will be developed for ACReSAL in line with the guidelines of ESS 2 and ESS 10, as specified in the LMP and SEP.. Where possible, such grievance RESETTLEMENT FRAMEWORK mechanisms will utilize existing formal or informal grievance mechanisms suitable for project purposes, supplemented as needed with project-specific arrangements designed to resolve disputes in an impartial manner. CHAPTER SIX ENTITLEMENT AND ELIGIBILITY CRITERIA 6.1 Principle The involuntary taking of land results in relocation or loss of shelter and loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the PAPs must move to another location. in kind and cash. Meaningful consultations with the affected persons, local authorities and community leaders will therefore allow for establishment of criteria by which PAPs will be deemed eligible for compensation and other resettlement assistance. All PAPs residing in or whose asset(s) is/are in impact location or impact corridor 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: a. Person who have formal right to land (including customary and traditional rights recognized under Nigerian law); b. Persons with temporary or leased rights to use land; and c. 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. d. Businesses within the impact location/corridor Those covered under (a) and (b) above are to be provided compensation for the loss, and other assistance in accordance with paragraph 10 of the ESS5. Persons covered under (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this RPF, if they occupy the project area prior to a cut-off date established by the project authorities in close consultation with the potential PAPs, local community leaders and the respective local authorities and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in (a), (b) or (c) above, irrespective of their status or 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 land or had use of it, before the entitlement cut- off date. RESETTLEMENT FRAMEWORK The principles adopted entails special measures and assistance for vulnerable affected persons, such as female-headed households, disabled persons, migrants and the poor. PAPs affected through land acquisition, relocation loss of residence and structures, and business enterprise are entitled to a combination of compensation measures and resettlement assistance, depending on ownership right and lost assets. PAP will be entitled to compensation and resettlement assistance that will help in the restoration of their livelihoods to at least, pre-project standards. 6.2 Eligibility Criteria and Proof for Individual and Household Compensation This RPF stipulates eligibility and provisions for compensating all types of losses (land, crops/trees, structures, business/employment, and workdays/wages). All PAPs including non-titled or informal dwellers will be compensated for lost assets (crops, structures, trees and/or business losses) and will receive (i) compensation (as required, to match replacement value), and/or (ii) replacement land, structures, seedlings, other resettlement assistance such as shifting allowance, assistance with rebuilding structures and compensation for loss of workdays/income.. Assets built after the cut-off date are not eligible for compensation (Table 4). Table 4: Eligibility Criteria for Compensation PAP Classification Eligible for Compensation No Compensation Assistance Those with legal Land or asset at full For land, assets, Assistance ownership right ( replacement cost and structure on the as needed individual, clan land after the cut- or community) off-date Those with Land and assets at For land, assets, Assistance temporary or full replacement cost and structure on the as needed leased rights at land after the cut- cut-off date off-date Those with no Only for structures Not qualified if Assistance legally recognized built / improvement moved into the as needed right but arrived on the land at full location after the before cut-off date. replacement cost cut-off date. Those who arrived None None None after Cut-off-date Those with Assets and lost For business Assistance business income as a result of located in as needed located within the lost business during community after the Community project duration. cutoff- date and Based on the outside the affected average monthly net area. profit RESETTLEMENT FRAMEWORK The SPMU will consider various forms of evidence as proof of eligibility as stated in this RPF to cover the following: a. PAPs with formal legal rights, documented in the form of land title registration certificates, leasehold indentures, rent receipts, and building and planning permits among others. Also, unprocessed/unregistered formal legal documents will be established in the RAP. b. PAPs with no formal or recognized legal rights-criteria for establishing non- formal, undocumented or unrecognized claims to eligibility shall be established paying attention to each situation and its peculiarities. Alternative means of proof of eligibility will include: o Affidavit signed by landlords and tenants; and o Witnessed or evidence by recognized traditional authority, customary heads, community elders, family heads and elders and the general community. During the preparation/implementation of RAPs, PAPs recent passport photograph or a digital image capture will be taken, PAPs contact address, Phone Number, and Name of Next-of Kin will be collected and documented for use as means of eligibility for identification of PAPs during screening for compensation. In this project, the absence of formal titles should not constitute a barrier to resettlement assistance and rehabilitation. Where legally permissible, the resettlement plan should include measures to ensure that documentation of ownership or occupancy, such as title deeds and lease agreements, and compensation (including the bank accounts established for payment of compensation), are issued in the names of both spouses or of single female heads of households, as relevant to each situation. In circumstances in which local customary tenure systems do not give women equal opportunities or rights with regard to property, alternative steps are taken to ensure that access of women to security of tenure is equivalent to that of men and does not further disadvantage women. 6.3 Eligibility for Community/Village/Clan Compensation Community compensation will be in cash or in-kind for a community as a whole in the form of reconstruction of the structure to at least the same standard or equivalent better standard to that being built by the program in the area to serve the same function. In the case of individuals using community land, they will only be compensated for the assets invested on the land, while the community will provide them with alternative land for their farming. Where there is no available land, a proper livelihood plan will be developed and implemented for affected persons to restore livelihood. Communities (districts, villages and clans) permanently losing land and/or access to assets and or resources under customary rights will be eligible for RESETTLEMENT FRAMEWORK compensation. Example of community compensation could in cash or kind which could include construction of marketplaces, community lock up shops, community hall, and employment for locals within the projects sites as well as sinking of boreholes, rehabilitation/construction of schools and health centres. The rationale for this is to ensure that the pre-project socio-economic status of communities were restored and/or improved upon. The local community leaders will play a crucial role in identifying community needs with full consultation and participation of community members. Where an affected asset/land belongs to a family group or an association, it will be advised that as much as possible, the asset should be reallocated to each eligible member/owner so that each person be captured and compensated separately. Where this arrangement is not possible or desirable, the household or association may agree within themselves and present one person among them to be recognized as the PAP. In that case, compensation will be paid to the person to whom the family had agreed to represent their common interest. The PAP is the one whose identification/photograph will be captured during census and inventory. It is important to note that the eligibility may be claimed collectively e.g. as a community or religious group. Communities permanently losing land and/or access to assets and or resources under statutory/customary rights will be eligible for compensation. Example of community compensation includes public toilets, marketplaces, taxi parks, schools and health centres. The rationale for this is to ensure that the pre-project socio-economic status of communities adversely impacted is also restored. The local community leaders will play a crucial role in identifying users of land. 6.4 Methods to Determine Cut-Off Date Cut-off date is the date after which eligibility for compensation or resettlement assistance will not be considered. To avoid an influx of outsiders to subproject areas and misuse of the compensation policy, the day when the assessment of persons and their property in the project area is completed will serve as the cut-off date for eligibility and no new arrivals in the project area or assets created after the cut-off date will be eligible for compensation after this date. Given its importance therefore, this cut-off date must be effectively communicated to the project affected persons through the community leaders and using prevailing and effective medium of public communication in the community and in local languages as well as other appropriate means of reach-out such as radio advertisement during the community awareness campaigns. The detailed census of PAPs will be appended to the RAP/ARAPS. Subprojects should only be approved if they include at least a preliminary RAP and budget. Special attention shall be taken to secure the sites from opportunistic invasion. These measures should include close consultation with the recognized PAPs, signs that RESETTLEMENT FRAMEWORK inform general public of intended use of site and security patrols to identify opportunistic invaders. 6.5 Common complications in the Application of Cut-off Date The application of cut-off date sometimes become controversial especially if there is a delay between the time the census is carried out and the start and completion of the project. However, the World Bank’s ESS5 recognizes that individuals and households who occupy project-affected areas after the cut-off date are not eligible for compensation. A common complication encountered with respect to cut-off dates involves historic cut- off dates, which were established when a project was ready for development but which, due to project delays, has become outdated. In such situations, natural population growth (for example, grown children from previously eligible households) may result in new households eligible for resettlement benefits and assistance that were not listed in the original survey. It is good practice for planners to make provision for population movements as well as natural population increase. If there is a significant time lag between the completion of the census and implementation of the resettlement or livelihood restoration plan (such as more than three years), a repeat census and inventory and evaluation of assets are undertaken, and the resettlement plan updated accordingly. There is also the complication of unfinished structures which were later finished at or after the time of census / cut-off date. Unfinished structures should be identified during mapping prior to setting of cut-off date. Thus, unfinished sites should be secured, and unused materials piled at the site should be noted and the cut -off survey can estimate investment which should be compensated for in lieu of expenses (including labour) incurred until the cut - off date. Diligent efforts should be made to ensure that the claims of individuals or groups who, for valid reasons, are not present at the time of the census but who have a claim to land or assets, are addressed. Nevertheless, if works are not initiated two years or more after declaration of a cut-off date, a new census and evaluation of properties must be carried out. 6.6 Defining Entitlements and Preparing an Entitlement Matrix The basis of what is to be paid as compensation will be determined by identifying the most appropriate entitlement for each loss. Based on the entitlements, options for resettlement will be selected in accordance with Bank ESS5. The RAP planner will prepare an entitlement matrix with respect to both temporary and permanent displacement. This matrix will set the measure for the payment for all RESETTLEMENT FRAMEWORK losses or impacts. It will also list the type of loss, criteria for entitlement and define entitlements as presented in Table 5. Based on this comparison, entitlement matrix is designed to assist the process by bridging the gaps between requirements under Nigeria Law and the World Bank ESS5. The higher of the two standards is followed in this entitlement matrix, since this procedure also satisfies the requirements of the lesser standard. The missing values in the entitlement matrix will be determined at the time the resettlement plans (RAPs) are being negotiated and prepared. Table 5: Entitlement Matrix Type of Entitled Person Description of Entitlement Loss Permanent loss of 1.1 (a)Legal 1.1 (a) Cash compensation at land owners of replacement value based on 1.1 Cultivable/ land market rate plus 10% compulsory residential (b)Occupancy/ acquisition surcharge /commercial land Hereditary tenant (b) & (c) Compensation will be paid and a (c) Land Owners: proper livelihood plan will be developed customary rights and implemented for affected persons for restoration of livelihood and assistance for relocation. 2. Damage to land 2.1. (a)Legal 2. 1 (a) & (b) Restoration of land to pre- (such as abutting owner/s construction condition or cash sub-project site) (b) Village/s or compensation at prevailing rates for 2.1. By excavation clan/s with necessary bulldozer/ tractor hours to etc. from borrows customary restoring level and/or truckloads of earth for earth for ownership for fill construction. 2.2. (a)Legal 2.2 Provision of water course to connect 2.2 By severance owner/s severed segment with source of water of agricultural (b) Village/s or holding clan/s with customary ownership 3. Loss of income 3.1. Cultivator 3.1. Estimated net income for each lost and livelihood occupying land cropping season, based on land record 3.1. Temporary averages of crops and area planted in the loss of access to previous four years land for cultivation 3.2. Loss of 3.2. (a) Owner/s of 3.2. (a) Cash compensation for loss of agricultural crops, crops or trees. agricultural crops at current market value and fruit and wood Includes crops of mature crops, based on average trees. trees owned by production. RESETTLEMENT FRAMEWORK 3.3 Loss of income encroachers/ Compensation for loss of fruit trees for by agricultural squatters average fruit production for next 15 years tenants because of (b) /tenant to be computed at current market value. loss of land they Compensation for loss of wood-trees at were cultivating 3.3 Persons current market value of wood (timber or (Tenant/User) firewood, as the case may be). working on the affected lands 3.2. (b) Full compensation to tenants for loss of their crops/trees as per due share or agreement (verbal or written) (c) provide alternative land for farming 3.3 A proper livelihood plan will be developed and implemented for affected persons to restore livelihood. (permanent, short-term or long-term agricultural labor (this will be in addition to their shares in crop/tree compensation) where no alternative land exist. 4. Permanent loss 4.1. (a)Owners of 4.1. (a) Cash compensation for loss of of Structures the structures built-up structures at full replacement whether or not the costs 4.1 Residential and land on which the Owners of affected structures will be commercial structure stands is allowed to take/reuse their salvageable structures legally occupied materials for rebuilding/rehabilitation of (b) Renters structure. In case of relocation, transfer allowance to cover cost of Shifting (transport plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. (b) Onetime 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, 4.2. School, 4.2. Complete rehabilitation/restoration by Religious, and church, water the SPMU; or, Cash compensation for community channels, restoring affected cultural/community structures /facilities pathways, and structures and installations, to the recognized patron/custodian. RESETTLEMENT FRAMEWORK other community structures/ installations 5. Special provision 5.1 Women 5. Needs based special assistance to be for vulnerable APs headed provided either in cash or in kind. 5.1. Re- households, establishing and/or disabled or elderly enhancing persons and the livelihood landless 5.2 Change in 5.2. (a) Vulnerable 5.2 (a) & (b). Restoration of livelihood Livelihood for APs, particularly (vocational training) and subsistence women and other Women enrolled in allowance @ agreed rate per day for a vulnerable APs that a vocational total of 6 months while enrolled in a need to substitute training facility vocational training facility their income 5.2. (b) owner/s because of adverse whose landholding impact has been reduced to less than 5 acres 6. Loss of grazing Cattle Rearers Relocation to new grazing area and area where possible assist the cattle herdsmen to locate new grazing fields. Consider possible compensation for loss income for the period of locating new grazing area. Loss of access to Recognized Compensation and assistance to be rivers or lakes/ fishermen/women discussed with PAP such as cash access to fishing who substantially compensation, livelihood restoration livelihood rely on fishing for including micro credit to start alternative their livelihood business or to get access to alternative fishing grounds/ forming cooperatives with others Unanticipated The Project team will deal with any unanticipated adverse impact due consequences of the Project during and after project to project implementation in the light and spirit of the principle of the intervention or entitlement matrix. associated activity CHAPTER SEVEN METHODS OF ASSETS VALUATION AND COMPENSATION ARRANGEMENT RESETTLEMENT FRAMEWORK 7.1 Methods of Valuation for Different Categories of Assets/Entitlements The scope of valuation in this RPF covers all categories of impacts/assets identified during the social assessment and described in the entitlement matrix. The essence is to ensure appropriate procedure and fair compensation to the project affected groups that are in tandem with best practices which ESS5 supports. Therefore, the basis of this valuation is derived from the ESS5 of the World Bank and the Land Use Act 1978 of Nigeria. The valuation will estimate asset compensation rates based on full replacement cost without depreciation (Table 6). The replacement cost approach is based on the premise that the costs of replacing productive assets is based on damages caused by project operations. 7.2 Description of Key Valuation Approaches and Compensation Terms (a) Replacement Cost Approach (RCA): Replacement cost is the market value of the affected asset plus transaction cost. The RCA assumes that cost and value are related. It involves finding the estimate of the gross replacement cost of an asset which is the estimated cost of constructing a substitute structure or buying an alternative land in a location and size of equal value at current market prices. (b) Market Comparison Approach (MCA): This involves the direct comparison of the property’s value determining features with those of immediate and surrounding vicinity that sold recently. This method simply arrives at the value of an asset by taking an estimate of similar asset (in size, frame and location) sold in recent time to arrive at the cost of the asset to be acquired or demolished by a project. It is most desirable when cash compensation is the choice compensation. 7.3 Valuation Methods for Categories of Impacted Assets 1. Land The following land asset types identified under Nigeria law in this policy framework include: a. State (urban and non-urban) owned Land State owned land will be allocated free by the Governor or Local Government (perhaps except for processing and registration fees). The State Agency will be expected to pay compensation to acquire land in this category in cases where the state-owned land is being used by landlords or squatters, settled upon or otherwise being used. b. Assets held under Customary Law According to Nigeria law, assets held under customary rights are in the Local Government jurisdictions only and will be valued according to the following method and compensation paid for. RESETTLEMENT FRAMEWORK The project will compensate assets and investments, including buildings, and other improvements, according to the provisions of the resettlement plan. Compensation rates will be replacement cost as determined by surveys of recent transactions of similar assets in the same area as of the date and time that the replacement is to be provided. Under customary law land belongs to chiefdoms, towns and villages. The permanent loss of any such land will be covered by community compensation, which will be in-kind only. A customary landowner or land user on state owned land will be compensated for land, assets, investments, loss of access etc. at replacement rates at the time of the loss. c. Privately owned Land In the event of permanent land acquisition of titled land, the first premise is provision of replacement land. The guiding principle is that whoever was using the land to be acquired will be provided other land of equal size and quality. In the case where no alternative land is available within a reasonable distance such as to minimize disruption to other aspects of socio-economic life, cash compensation at full replacement value should be provided using the MCA method. This should be valued based on the prevailing market value in the locality to purchase an equally productive plot of land in the same locality. In addition, any associated costs of purchasing the land i.e., taxes, registration fees will need to be included in the compensation. Also, the PAP will be compensated for any permanent improvements made to the land (for instance irrigation structures). This will be calculated based on the price of making the permanent improvement at current prevailing market rates for labor, equipment and materials. Where land lost is only a small proportion of total land owned by the PAP, but renders the remaining land as unusable, the compensation provided should be calculated based on the total land affected (i.e., the actual land lost plus the remaining unusable land). If land is required temporarily, standing crop will be compensated at fully matured market rate or government rate, whichever is higher. The compensation will be paid to the sharecroppers rather than the owner, where the tiller is not the owner (e.g. tenant or share cropper). There will hence be no adjustment in the terms of the rent of share cropping agreement. 2. Structure/Building The replacement cost approach will be adopted for the valuation of dwellings and structures. To use replacement cost approach relevant data to be captured during RAP preparation include: • Location details of the affected land (boundaries of the area/section of the land); • Affected immoveable properties (detailed measurement of building/structure and materials used); RESETTLEMENT FRAMEWORK •Property details including construction information such as number of rooms, type of roof, wall, fence walls, gates, pavements, interior ancillary decoration, etc. • Prices of items collected in different local markets used to construct different types of structures (e.g. poles, bricks, rafters, bundles of straw, corrugated iron sheets, doors etc.), including labour required. • Categorizing temporary structures based on constructional details (wall materials), size of structure and use of structure; • Costs for transportation and delivery of these items to the acquired/ replacement land or building site. • Social profile/data on affected household (owner, tenants, dependents and livelihood) Compensation will be made for structures that are (i) abandoned because of relocation or resettlement of an individual or household, or (ii) directly damaged by subproject activities. 3. Fruit trees/Farm crops/Woodlots Impacts associated with losses of income from any of the above items will be calculated as follows: a. Compensation for fruit tree is cash compensation for average fruit production for 3 years at current market value. Although government rate prepared by NTDF exists, market research will be conducted by appropriate experts (independent quantity survey) to determine if the government rate is in tune with current market rate. Where this rate is different from current market rate, the later will be used to fulfil the condition “current market rate� of ESS5. b. Compensation for farm crops is at full market value of crop yield per hectare. This entails conducting an inventory of size of hectares farmed by each PAP and the type of crop. The existing market value of crop yield per hectare will be determined and adjusted (as may be necessary for inflation) during RAP preparation so that end result will be reminiscent of prevailing market price at the time of RAP compensation. c. Compensation for woodlot is Cash compensation at current market value. All woodlot attracts a flat rate using market rate. The valuation methods for categories of impacted assets are shown in Table 6 below Table 6: Method of Valuation S/No Type of Loss Comparative Sales Based on the open Method market value of Comparable recent transaction 1. Loss of Buildings, Replacement Cost Full replacement cost structures and other Method or Comparative value as if new – recent civil works sales Method (which construction cost rates RESETTLEMENT FRAMEWORK ever gives a commensurate value) 2. Loss of Business Comparative method Based on the average Income and Loss of monthly net profit Business Goodwill 3. Loss of income from Comparative sales Based on the comparable rent and expenditure method rent payment, rent incurred for alternative advance paid accommodation during reinstatement period 4. Expenditure incurred Comparative Method Based on truck/transport for transfer of hiring charges moveable properties and temporary Structures 5. Loss of Wages, -Loss Comparative Method Based on Current Fees of Fees from and Wages Apprentice, - Loss of Job Training 6. Loss of access to Comparative Method Based on Crop land used for compensation Agriculture Resettlement assistance; Economic Rehabilitation assistance 7.4 Arrangements for Compensation A Compensation and Relocation Committee will be set up and be responsible for planning, coordinating and monitoring of compensation and relocation activities. The compensation process for the subproject will involve several steps to be carried out in accordance with the resettlement and compensation plan and the RAP. This will be in accordance with the individual project resettlement and compensation plans as outlined below: 1. Public Participation This process seeks the involvement and concerns of the PAPs and the communities in a participatory approach with the project, from the beginning to implementation. Public participation with local communities is an ongoing process throughout resettlement planning and this will have taken off at the screening stage. PAPs will be notified during the identification of subprojects and consulted with as part of the screening process. RESETTLEMENT FRAMEWORK The subsequent socio-economic survey will record all relevant information about the PAPs, and ensure that this is accurately reflected in the RAP in order to allocate the appropriate compensation. Periodic monitoring will ensure that PAPs have been consulted and that compensation and relocation has been carried out satisfactorily. This will ensure that no affected individual household is simply “notified� one day that they are affected in this way. 2. Notification Landowners will be notified by the State Agency that their property is required for development of the subproject. The user will be informed through both a formal notification, both written and verbal, to be delivered in the presence of the community heads and the Coordination Committee. To ensure that any sensitive areas are accurately identified during this procedure, all necessary community heads, religious leaders, other elders and individuals will accompany the project team to the site. 3. Documentation of Holdings and Assets The SPMU officials and the local community will arrange meetings with the project affected persons to discuss the compensation process. For each individual or household affected, the project officials completes a compensation dossier containing necessary personal information on, the affected party and those individuals considered as household members, total land holdings, inventory of assets affected, and information for monitoring future arrangements. The dossier shall be confirmed and witnessed by village/community officials and will be kept up-to-date. This is necessary because it ensures monitoring of an individual over time. All claims and assets should be documented in writing. 4. Agreement on Compensation and Preparation of Contracts The types of compensation shall be clearly explained to the individual or household involved. The SPMU will draw up a contract, listing all property and/or land being surrendered, and the types of compensation (cheque and/or in-kind). A person selecting in-kind compensation has an order form, which is signed and witnessed. The compensation contract and the grievance redress mechanisms are to be read aloud in the presence of the affected party and the representative of the local government chairman (or his/her representative), the project officials, and other community leaders prior to signing. 5. Compensation Payments All handing over of property such as land and buildings and compensation payments will be made in the presence of the affected party, representative of the state RESETTLEMENT FRAMEWORK environmental agency, representative from the State Project Management Unit, NGO and the community officials. 7.5 Procedures for Delivery of Compensation The procedure for delivery of compensation will be detailed in each RAP/ARAP. The SPMUs will follow approved procedures ensuring that: a. Full payment of compensation is carried out before possession of acquired sites and before civil works begin. b. SPMUs formally make offers to Project Affected Persons (PAPs) and allow them to accept or reject compensation for transparency sake, offer a counter claim and seek redress under the grievance procedures established c. Land/Asset valuation committee communicates the amount to be paid to the acquiring agency and the Ministry of lands will ensure that the amounts are fair and adequate. d. Cheques in the name of the beneficiary or deposits to the beneficiary’s bank account shall be the preferred and first mode of payment; however payment may be by banker’s draft where the amounts involved are “minimal�. SPMUs shall make arrangements with nearest bank to effect payments by banker’s draft; e. Payments are made to the affected person personally by the State Agency in the presence of Land/Asset Valuation Committee and an independent witness of the affected person/opinion leader f. Proper receipts are issued and copies given to the affected person, the Finance Department of the State Agency and the Land/Asset Valuation committee; g. Comprehensive reports on payment made are submitted for review by Management of the SPMUs and the Land/Asset Valuation committee. CHAPTER EIGHT GRIEVANCE REDRESS MECHANISM 8.1 Introduction Grievance Redress Mechanism (GRM) is a proactive alternative dispute resolution arrangement. It is not inconceivable that grievances or complaints may arise as fallout of RAP implementation. Going through the court (judicial system) by aggrieved PAPs for redress may take longer periods and many times, are accompanied with court injunctions which adversely affect project implementation. Therefore, establishing a GRM is a proactive measure for addressing and resolving complaints out of court. This grievance redress mechanism takes into consideration existing grievance redress systems already in place as indicated in the Stakeholders Engagement Plan (SEP) prepared for ACReSAL Project. RESETTLEMENT FRAMEWORK As experienced in past projects, complaints and grievances may arise during implementation of the resettlement and compensation programme and may be related to but not limited to the following issues: a. Disputed ownership of a given asset by two or more affected individuals having claim on the same land and inheritance of the acquired lands to affected persons, b. Incomplete census as well as inadequate valuation of affected assets, c. Compensation entitlements, complains against noise, pollution, accident, d. Errors related to identification and disputes on boundaries between affected individual(s) in specifying their land parcels and associated development. e. Disagreements on plot/asset valuation. f. Divorces, successor, and family issues resulting into ownership dispute or dispute share between heirs or family. g. Where affected individual(s) opt for a resettlement-based option, disagreement on the resettlement package (the location of the resettlement site does not suit them). GBV /sexual harassment of locals as a result of labour influx and other social and environmental issues. Cases related to GBV shall be treated in a private and confidential manner, limiting information to what the survival or complainant is freely willing to provide. A separate register shall be opened for this category of cases and shall ONLY be accessed by the GRC secretary and the GRM focal person at the PIU. The complainant (if a survival) shall be attended to with empathy, assurance of safety and confidentiality. In the event that the complainant is not willing to divulge any information, this view should be respected by the GRM officer, and the complainant referred to the appropriate nearest medical centre, approved available GBV service provider or police, depending on the complainant’s choice. Such a complaint should be reported to the World Bank Task Team as well by the PIU GRC within 24 hours. h. Losses not identified correctly. i. Delay in disbursement of assistance and improper distribution of assistance; j. Non-inclusion of community members in paid labour/workforce; k. Unrealistic Corporate Social Responsibility (CSR) expectations from the client or contractors by community members; l. Omission of eligible PAPs; m. Uncompensated loss of assets; n. Delay in execution of sub-projects leading to breakdown of trust; o. Non-implementation or discrepancies in the implementation of LRP/SEP/LMP and other documents as stipulated in the project; In view of this, the SPMU will establish a procedure to deal with and resolve any queries as well as address complaints and grievances about any irregularities in the application of the guidelines adopted in this RPF for assessment and mitigation of social and environmental impacts through grievance redress mechanism (GRM). The RESETTLEMENT FRAMEWORK GRM will deal with complaints and grievances related to both resettlement and other social and environmental issues beyond resettlement in this Project. Grievance redress committees (GRC) will be formed to receive and resolve complaints as well as grievances from aggrieved persons from the local stakeholders including the project-affected persons. Based on consensus, the procedure will help to resolve issues/conflicts amicably and quickly, saving the aggrieved persons from having to resort to expensive, time-consuming legal actions. The procedure will, however, not pre-empt a person’s right to go to the courts of law. 8.2 Objectives of GRM The fundamental objectives of the GRM, implemented through the GRC serving as a para-legal body, are to resolve any resettlement-related grievances locally in consultation with the aggrieved party to facilitate smooth implementation of the social and environmental action plans. Another important objective is to democratize the development process at the local level and to establish accountability to the affected people. In other words, the grievance mechanisms: a. Provide a way to reduce risk for projects. b. Provide an effective avenue for expressing concerns and achieving remedies for communities and promote a mutually constructive relationship. c. Prevent and address community concerns and assist larger processes that create positive social change. d. cut down on lengthy litigation, which may hinder effective implementation of projects 8.3 Informing Parties on Levels and Channels of Grievance Uptake There will be 3 levels at which aggrieved PAP or grievant can channel his/her complaints for redress. These shall include 1) the project site level, 2) the project management unit level and 3) the state project steering committee level. It is however, the right of the PAP to take a matter to the court of law as the final arbiter if he/she felt dissatisfied with the judgments obtained from the grievance redress committees set up by this Project. PAPs shall be communicated early during RAP/ARAP public consultation and census about the existence of the GRM and sufficient information provided to them on the grievance uptake channels. This RPF requires that each participating state should clearly indicate in the RAP/ARAP report how PAPs were informed about the channels of grievance redress uptake. Subject to site peculiarity, during RAP/ARAP stage, SPMUs are to set up grievance redress mechanisms at the following levels: • Site/Community Level; • Project Management Unit Level; • State Steering Committee Level: RESETTLEMENT FRAMEWORK 8.4 Setting up a Grievance Redress Mechanism During the time of development of sub-projects ARAP/RAP, the participating states PMU shall establish a Grievance Redress Mechanism that incorporates the use of existing local grievance redress mechanism available in the community. It will be effective and result oriented to work with existing and functional local structures of dispute resolution than to design an entirely new one which may be alien to the people. However, field survey to be conducted by the SPMU through the independent RAP/ARAP consultant will among other things ascertain the strength of the existing local grievance redress structure and where need be, the existing GRM can be restructured and strengthened for adaptation for this project context. 8.5 Membership of the Grievance Redress Committee (GRC) The specific composition of the GRC will vary depending upon location and context. In general membership of the GRC for the 3 levels of grievance uptakes shall comprise as follow: GRC at the Site/Community Level • The traditional Ruler/District head or a person appointed by him from his council; • The village head; • The Woman leader in the community or her secretary; • A woman leader of an affinity association; • 2 Representatives of PAPs: one male and one female; • 2 members of the site committee: one male and one female; • Social livelihood officer of the SPMU to serve as the secretary of the committee GRC at the PMU Level It is recommended that the state project coordinator shall constitute a team within the SPMU to receive, hear and address complaints arising from the project. The team will be headed by the Social and Livelihood Officer. Membership of the team shall be as follow: • Social Livelihood Officer; • Communication officer/ Public relations officer; • Environmental Safeguard officer • Monitoring and Evaluation officer, and • The Project Engineer GRC at the State Steering Committee Level The committee at this level shall be headed by the Permanent Secretary in the Ministry of Agriculture, while the State Project Coordinator of ACReSAL shall serve as the secretary of the committee. Membership of the GRC at this level shall constitute as follows: RESETTLEMENT FRAMEWORK • The Permanent Secretary Ministry of Agriculture; • Director Ministry of Land & Survey • Director Ministry of Agriculture; • Director Ministry of Environment • The State Project Coordinator of ACReSAL • Representative of the State’s Citizen Mediation Centre/Public Ombudsman/office of Public Defender if available in such state 8.6 Expectation When Grievances Arise When local people present a grievance, they generally expect to receive one or more of the following: 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 In voicing their concerns, they also expect to be heard and taken seriously. Therefore, the contractors, or government officials must assure people that they can voice grievances and work to resolve them without conflict. According to the SEP for the ACReSAL Project, to address these challenges, it will be included in the contract agreement of the construction companies and contractors to work with their host communities and to fund GRM arising between contractors and their employees, and the communities. 8.7 Grievance Redress Process At the time that the individual resettlement plans are approved, and individual compensation contracts are signed, affected individuals and communities will have been informed of the process for expressing dissatisfaction and seeking redress. The grievance procedure will be simple and administered as far as possible at the local levels to facilitate access, flexibility and ensure transparency. All the grievances will be channeled via the Resettlement and Compensation Committee for each sub project at the sub-project level. 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. Annex 4 contains grievance redress forms that could be used for grievance mechanism. In its simplest form, grievance mechanisms can be broken down into the following primary components: a. Registration The first step is the presentation of a grievance at the uptake point at any level. The social contact person or secretary of the committee will receive grievance from the complainant, register and acknowledge receipt of grievance to the grievant within 2 days. The registration form will capture the following data: 1) Case number, 2) Name RESETTLEMENT FRAMEWORK of the complainant, 3) Date of the grievance, 4) Gender, 5) Complete address, 6) Category of the grievance, 7) persons involved, and impacts on complainant life, 8) Proofs and witnesses, and 9) Previous records of similar grievances. b. Verification The verification determines among other things whether the matter has relationship with the project activities, and whether the matter can be handled/resolved at the level where it is presented. This will determine if the matter should be referred to the next level or not. Part of the investigations may also be to assess the cost of lost or risk involved in the grievance. c. Processing The processing step is when options for the approach to resolving the case are weighed and determined. Parties involved in the case are brought together for the first attempt at resolution with suggestions from the parties on practical steps to be taken which may also involve site visit for physical inspection and determination of the claim. d. Feed back All responses to the complainant in a grievance redress process that moves beyond a unit level must be communicated in writing and/or by verbal presentation to the complainant. This will include a follow up on the corresponding authority where cases are referred, to ascertain the status of reported cases. Feedback on outcome of each case should get to the complainant through the secretary of committee or social contact/safeguard person. It is expected that reported complaints at each level will be resolved and determined within 10 days from date of receipt of the complaint. Grievance resolution will be a continuous process in subproject level activities and implementation. The SPMU will keep records of all resolved and unresolved complaints and grievances (one file for each case record) and make them available for review as and when asked for by the Bank and any other interested persons/entities. The SPMU will also prepare periodic reports on the grievance resolution process and publish these on the ACReSAL website. The format in Annex 4 will be used for periodic grievance reporting. The ACReSAL project intends to strengthen the GRM through information and communication technology to ensure that all complaints including those of sexual exploitation and abuse are immediately reported to the Project. ACReSAL will integrate the GRM on a web-based dashboard, to adequately and promptly address any potential grievances related to the Project activities. The complaints registered in this system will be managed by the Grievance Redress Committee (GRC) Secretary that will liaise immediately with any complainant for immediate resolution. RESETTLEMENT FRAMEWORK If the GRM receives a case on sexual exploitation and abuse related to the project, it will be will be addressed using survival-centered and ethical approach and the complainant referred to relevant service providers. The Project will keep the information confidential to protect privacy of GBV and SEA/SH complainants. In cases, where the perpetrator(s) is linked to project activities then the contractor will take appropriate actions as per the provision of the contractor’s contract agreement and under the effective law in Nigeria. ACReSAL will report activities and outcomes of GBV and SEA surveillance and management to the World Bank on a regular basis. 8.8 Financing of the Grievance Redress Mechanism and Cost of Remediation The ACReSAL Project shall be responsible for the funding of logistics for the GRC by allocating10 -15% of the total cost of RAP compensation and resettlement assistance for GRM related cost as well as the eventual compensation or resettlement remediation that aggrieved party may be entitled to. Where grievance relates to issues between the contractors, their workers and employees and the community, the contractor shall fund the GRM. The aggrieved party has the choice to take his/her case to the court, but he/she will be responsible for legal costs associated with the case if he/she loses the case in the court, while the project will be responsible for the cost of the judicial process if the aggrieved individual wins the case. Table 7 below show the implementation plan for the GRM. Table 7: Implementation Plan for Grievance Mechanism Steps Process Description Completion Responsible Time frame Agency/Person 1 Receipt of Document date of 1 day Secretary to GRC complaint receipt, name of at project level complainant, village, nature of complaint, inform the SPMU 2 Acknowledgement By letter, email, phone 1-2 days Social safeguard of grievance officer at SPMU 3 Screen and Visit the site; listen to the 5 days GRC including Establish the Merit complainant /community; the social of the Grievance and assess the merit safeguard officer & the aggrieved PAP or his/her representative 4 Implement and Where complaint is 10 days or at PC-PMU and monitor a redress justified, carry out a time Social Safeguard action resettlement redress in specified in Officer RESETTLEMENT FRAMEWORK line with the entitlement writing to the matrix/ESS5 aggrieved PAP 5 Extra intervention Review the redress 2 weeks of PC-PMU for a dissatisfied steps and conclusions, receiving scenario provide intervention status report solution 6 Judicial Take complaint to court No fixed Complainant adjudication of law time 7 Funding of GRC logistics and No fixed time The ACReSAL grievance process training, redress Project compensation, court (government or process investor) 8.9 World Bank Grievance Redress Service (GRS) Communities and individuals who believe that they are adversely affected by Sub- project interventions may submit complaints to existing project-level GRM or the WB Grievance Redress Service (GRS). Project affected communities and individuals may also submit their complaint to the World Bank’s independent Inspection Panel, which determines whether harm occurred, or could occur, because of non-compliance with WB safeguards policies and procedures. Details of the procedures to submit complaints to the WB’s corporate GRS, is available in the GRS website: http://www.worldbank.org/en/projects-operations/products-and-services/grievance- redress-service. For information on how to submit complaints to the WB Inspection Panel, please visit www.inspectionpanel.org. Any disclosure instrument on GRM will provide addresses of the GRS and the Inspection Panel. RESETTLEMENT FRAMEWORK CHAPTER NINE CONSULTATIONS AND STAKEHOLDER PARTICIPATION 9.1 Purpose of Stakeholders Engagement During preparation of the RPF, the FPMU consultants visited selected states, namely, Sokoto, Niger, Nasarawa, Kano and Gombe states to identify the initial impacts and risks. During screening and the consultations with different stakeholders, community people opined that the ACReSAL Project will dramatically improve the living standards and livelihood opportunities lifestyle of local people with local economy and socio- cultural environments, trade and commerce, transport development, infrastructure expansion, establishment of small and medium scale industries and urbanization. The consultants conducted 5 consultation meetings between January and February 2021 with relevant MDAs, SPMUs, CSOs, and Women Groups, Vulnerable / Physically Challenged Groups, Crop / livestock farmers and Traditional Local Institutions, among others in each of the five (Sokoto, Niger, Nasarawa, Kano and Gombe) states visited and covered over 300 people. During the consultations with different stakeholders, they opined that ACReSAL Project will address the issues of desertification, land degradation as well as dramatically improve the living standards and livelihood opportunities of local people (see Annex 8 for details). Baseline information on agro-ecology and socio-economic characteristics of the participating states is given below, based on literature review and local people’s opinions from consultation meetings. Consultations with affected people and communities are the starting point for all resettlement related activities because it affords PAPs 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 problems will be solved as well as the likelihood of development opportunities occurring in more equitable fashion to the broad benefit of all communities in the project. The process of stakeholder and community consultations were deliberately planned and carried out during preparation of this RPF. Consultations which began at this stage of the RPF will continue during the RAP/ARAP preparation stage up to the project implementation stage. The consultation process will ensure that all those identified as stakeholders are consulted. Early and official information about the project will be shared with the public, to enable meaningful contribution, and enhance the success of ACReSAL. The ACReSAL Project will ensure the following engagement procedures: a. ACReSAL will maintain and disclose as part of the environmental and social assessment, a documented record of stakeholder engagement, including a RESETTLEMENT FRAMEWORK description of the stakeholders consulted, a summary of the feedback received and a brief explanation of how the feedback was taken into account, or the reasons why it was not. b. ACReSAL will engage with stakeholders throughout the project life cycle, commencing such engagement as early as possible in the project development process and in a timeframe that enables meaningful consultations with stakeholders on project design. The nature, scope and frequency of stakeholder engagement will be proportionate to the nature and scale of the project and its potential risks and impacts. c. ACReSAL will engage in meaningful consultations with all stakeholders and will provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. d. The process of stakeholder engagement will involve the following, (i) stakeholder identification and analysis; (ii) planning how the engagement with stakeholders will take place; (iii) disclosure of information; and (iv) consultation with stakeholders; (v) addressing and responding to grievances; and (vi) reporting to stakeholders. The thrust of the consultations carried out in preparing this RPF are to: a. notify key stakeholders about the project set up and development objectives; b. obtain useful data and local information that will be useful in the RPF/RAP preparation (e.g. social structures and local grievance redress procedures); c. establish and maintain a two-way process of dialogue and understanding between the project and its stakeholders; d. create ownership and elicit broader inputs and suggestions that will ensure project sustainability and success; e. explore the adequacy, workability and familiarity with the RPF; f. ascertain the extent to which the RPF interfaced with the State procedures and the system of property valuation; g. determine the capacity or awareness within the relevant institutions generally of RPF; h. Find out the existing capacity and/or availability to facilitate the application of or compliance with the RPF; and i. Identification of the relevant project affected persons. 9.2 Project Stakeholders Identification Stakeholders are people, groups, or institutions, which are likely to be impacted (either negatively or positively) by the proposed Project interventions or those who can influence the outcome of the Project. A stakeholders mapping was conducted prior to conducting consultation meetings. The RPF team worked in conjunction with the RESETTLEMENT FRAMEWORK FPMU – NEWMAP in identifying the stakeholders. For the ACReSAL Project, the stakeholders include groups, institutions and MDAs who will be affected by the project and/or those that have responsibilities in project implementation. In addition to the list stated below for identified stakeholders, it is expected that more stakeholders at the state and community level will be identified at the RAP/ARAP development stage. Among the identified stakeholders at this stage include: 1. Federal Ministry of Environment (FMEnv); 2. State Ministries of Agriculture and Rural Development 3. State Ministries of Livestock and Fisheries 4. State Ministries of Environment 5. State Project Management Units of NEWMAP 6. State Ministries of Land and Survey 7. State Ministries of Water Resources 8. Department of Climate Change 9. State Ministries of Women Affairs and Social Development 10. Department of Forestry 11. Livestock farmers/ Livestock Farmers Associations, 12. Crop farmers /Crop Farmers Associations 13. Meyetti-Allah 14. Civil Society Organizations (CSOs) 15. Local Government Chairmen in the respective states 16. Traditional Rulers 17. State Veterinary Departments 18. Women Groups /Physically Challenged groups 9.3 Summary of the Consultations held in selected States Annexes 5 and 6 give the details of the discussions, concerns and responses of stakeholders in the public consultations held across the states visited during the preparation of RPF. The account of 5 states namely, Sokoto, Niger, Nasarawa, Kano and Gombe provides global details of the nature of discussions, major concerns and inputs of stakeholders in the participating states. The selection of these five states also considered the regional peculiarities and dissimilarities with respect to involuntary resettlement among the states, agro-climatic clusters, accessibility and security. A summary of consultation meetings is given below: Table 8: Summary of Consultation Meetings S/N0 Date Venue Main Participant Groups Number of Participants Male Female 1. 25th Jan. Sokoto Hon. Commissioner for 57 10 2021 SPMU Environment, Permanent Conference Secretaries of the relevant MDAs, RESETTLEMENT FRAMEWORK Room and State Project Coordinator Deputy NEWMAP, Heads of Governor’s Departments, Agencies, of all Conference relevant ministries such as Water Room, Resources, Agriculture, Land and Cabinet Housing, Animal Health, Works, Office, Local Government and Rural Sokoto Development, Finance, CSOs/CBOs/NGOs etc. 2. 27th Jan. Niger Permanent Secretary Ministry of 56 16 2021 SPMU Finance; Ministry of Agriculture Conference and Rural Development; Head of Room and Service Civil Service Commission; Legbo Representatives from the State Kutigi ADP; Ministry of Water Conference Resources; Perm Sec Ministry of Room, Environment and Forestry; PC, Minna, NEWMAP; HOD Environment and Niger climate change; Niger State Planning Commission and Land and Housing 3. 29th Jan TA’AL Commissioner for Environment; 36 11 2021 Conference Commissioner for Land; Source of Hotel, Lafia, Hope Foundation; Director Nasarawa Climate change; PC- NEWMAP; State Borehole Drillers Associations Directors of Different line Ministries, representatives of different CBOs and Women groups. 4. 1st Feb. Kano PC NEWMAP Hon. 42 16 2021 NEWMAP Commissioner for Environment SPMU Kano State, Hon Commissioner Conference for Women Affairs, Permanent Room and secretary Ministry of Agric Ten-By-Ten Director Land Director Pollution Restaurant control, Director Planning and Conference Monitoring Ministry of Room, Environment Heads of Kano Kano Departments, agencies, of all relevant ministries such as Environment, Water Resources, Agriculture, Land and Housing, RESETTLEMENT FRAMEWORK Animal Health, Works, Local Government and Rural Development, Finance, CSOs/CBOs/NGOs, visiting consultants etc. 5. th 5 Feb Maidugu PC NEWMAP, Hon. 81 24 2021 Palace Commissioner for Environment Banquet Gombe State, Hon Commissioner Hall, Gombe, for Women Affairs, Permanent Gombe State secretary Ministry of Agriculture, Director Lands, Director Pollution control, Director Planning and Monitoring Ministry of Environment Heads of Departments, agencies, of all relevant ministries such as Environment, Water Resources, Agriculture, Land and Housing, Animal Health, Works, Local Government Chair persons, CSOs/CBOs/NGOs, etc. 6 Total number of participants 272 77 The major outcomes of the various consultations is summarized below: a. In determining and designing of the sub-projects as envisaged under ACReSAL an inclusion of the relevant stakeholders’ and beneficiaries’ opinions of the project is essential. b. For Sustainability, ACReSAL should run without interference from State Governments in the day –to-day running of the affairs. The sustainability of the project may not be guaranteed if successive government does not favour the project. c. Objective criteria shall be used in selecting priority sites d. Land is very important to the people as such will support the project in gaining back land that is useable which had been taken over by desertification and degradation earlier. e. In the course of civil works members of the host community should be given priority to assist main contractors and communities themselves should be allowed to monitor the adequacy (quality) of works in the ACReSAL project in their domain. f. Ensure use of competent and qualified contractors, especially in the construction works at the various sites. RESETTLEMENT FRAMEWORK g. Though resettlement and compensation issues are noted in the development work of our various governments, it is not as comprehensive like the resettlement policy framework of the World Bank and as such the Government shall be made to adhere to that of the World Bank, otherwise compensation may not get to PAPs. h. Any irregularity in the compensation system such as disfranchisement or denial of rights and elite capture will likely cause conflict. i. PAPs should be compensated before work starts at the various sites j. Proper understanding of roles between MDAs in the entire management of the project is necessary. There is need for line ministries in the States to interface in their responsibilities to achieve good performance for the project. k. Amongst the States, there seem to be a good arrangement in place for dealing with land acquisition, which include a system of land acquisition. However, while NEWMAP States have more considerable experience in resettlement issues especially as it concerns consultation with potential PAPs, others, do not seem to have. l. There is need for capacity/awareness within the relevant institutions of Bank resettlement issues, the extent to which this interfaces with the existing States’ procedures and the system of property valuation as well as the ability to facilitate the application of or compliance with the RPF. m. Inform project affected communities about GBV risks through a dedicated communications campaign. n. Define and reinforce GBV requirements in procurement processes and contracts. o. Training throughout the life cycle of the project, thus a Stakeholder Engagement Plan of the project should be drawn up. p. Create an effective GRM with multiple channels to receive complaint. This should have specific procedures for GBV cases reported confidentially with safe and ethical documenting. A parallel GRM for substantial and High-risk projects can also be created for lodging complaints. 9.4 Plan for Future Consultations and Communication This RPF recommends that consultation should continue before, during and after project implementation. The requirements and phasing of consultations are as follows: • Consultation on the finalization of RPF – to include: o Circulation of the draft RPF for comments to relevant institutions and stakeholders o Public disclosure of Final RPF (cleared by WB) in-country at designated center’s accessible to stakeholders and at the WB info shop prior to appraisal • During the preparation of individual A/RAP RESETTLEMENT FRAMEWORK o PAPs, groups and communities will be consulted and informed about their rights and entitlements with respect to their range of impacts o Consultation should include census of PAPs o Cut-off date should be announced to the community at the end of the census exercise to avoid opportunistic entrants into the land. o Consultation of the ACReSAL SPMU and implementing government agencies on relevant policy terms such as replacement value, livelihood restoration measures, vulnerable group, etc. • During the Implementation of the A/RAP o PAPs will be informed about the date/schedule of resettlement/compensation o They should be involved in site selection, screening and planning for land and housing compensation o PAPs should be notified on the start off time of project implementation to enable them to relocate their assets early and without losses • During audit/monitoring and evaluation of the A/RAP to determine the livelihood restoration performance of the PAPs o PAPs will be consulted to assess the condition of their livelihood prior and after the implementation of RAP. This will take place 6 months after A/RAP or 2 years after RAP implementation. 9.5 Mechanism for Future Engagement/Consultation of PAPs PAPs shall be consulted via the use of the existing recognized traditional structures in which consultation is conducted through the village/community leadership. This means of engagement is widely acceptable and an effortless way to reach all the groups in the community based on the existing traditional governance structure and the provision of the SEP. The use of social gatherings such as Women Associations, Village Meeting Structure, Cooperative Groups, Churches and Mosques will be important for dissemination of information to PAPs, and finally, there is the need to segment consultations into smaller targeted groups. This is premised at giving a voice to less advantaged groups, minority settlers and groups in the resettlement planning. To do this effectively, the attendance records of the various groups having phone numbers and contacts will be used to call or reach out to PAPs, including coordinating them for group meetings as and when necessary. As stated in the SEP prepared for this project, the ACReSAL SEP and this engagement process will be domesticated by the participating States and updated by the SPMUs to ensure effectiveness of SEP implementation. 9.6 Tools for Consultation of Stakeholders Depending on the target stakeholder and objective of consultation at any point, one or a combination of the following tools should be used. Stakeholder Consultation Tools RESETTLEMENT FRAMEWORK Project affected persons and groups Focus group discussions, • Livestock Farmer groups questionnaire, worship center’s, • Traders community town hall meetings, Print • Landowners, tenants, squatters materials, texting by phone • Herdsmen • Vulnerable group/women • Crop Farmers Government Agencies/Ministries, Phone calls, e-mails, visit, meetings, Contractors electronic media CHAPTER TEN LIVELIHOOD ENHANCEMENT AND RESTORATION 10.1 Introduction The ACReSAL Project is prepared to implement livelihood enhancement and restoration as necessary in line with applicable international best practices. The goal of the Livelihoods Restoration Program is to sustainably improve the livelihood of vulnerable PAPs and households. This livelihood restoration package is not an alternative to compensation entitlement to PAPs but seeks to ensure that vulnerable PAPs are provided with sustainable livelihood measures/alternatives. The definition of vulnerable PAPs in this RPF include the elderly (aged PAPs of 65 years and above), female headed households affected by the project, orphans, persons with disabilities and the poorest among PAPs defined as those to whom the affected asset represent their only or major source of livelihood. RESETTLEMENT FRAMEWORK The Objectives of the Program are: • Provision of a menu of rural (access to replacement land and diversification) and urban (food processing and selling, retail businesses, services and etc.) livelihood restoration activities for land-, wage- and enterprise-based activities to vulnerable PAPs; • Provide English literacy, financial literacy and business plan training to the vulnerable PAPs regardless of livelihoods training; • Ensure technical skills training for identified needs within long-term operations work; • Ensure access to inputs and market to the vulnerable PAPs and also improve their standard of living. 10.2 Approach The basic approach to be used includes: • Establishing local skills and identify gaps in community skill base; • Establishing pre-project livelihood activities; • Establishing potential livelihood activities associated with the Project; • Providing choice to impacted households on livelihoods training ensuring local capacity for food security; • Providing training and sensitization for local households; • Providing management and oversight for local economic development activities; and • Ensuring implementation of monitoring and evaluation programme. 10.3 Vulnerability Categories Vulnerability may be viewed in two stages: pre-existing vulnerability and transitional hardship vulnerability. Pre-existing vulnerability includes that stage which would be present with or without Project development. Transitional hardship vulnerability occurs when those directly affected by the Project, whether predisposed or not, are unable to adjust to new conditions due to shock or stress related to Project activities. The Vulnerability Program would be designed to address both, pre-existing vulnerability and transitional hardship vulnerability, and not only households in the pre-existing stage. 10.3.1 Criteria Criteria used to assess vulnerability include pre-Project poverty, household composition, income, food supply, housing; social support, health, disability and level of food insecurity Table 9 can be used as a basis for identification and assessment of vulnerable households and individuals. RESETTLEMENT FRAMEWORK Table 9: Vulnerability Assessment Tool Household Vulnerability Category Indicators True False 1. Pre-Project No Farm Extreme Poverty- No Land the Pre-Disposed No Job No Business 2. Household Elders and/or Children only or Composition Women and Children only or Disabled or Diseased only3 4 3. Income None from Farm None from Job None from Business None from Rental 4. Food Have no Stored Food Claim to be eating one meal or less/day 5. Housing Homeless or Living in Charitable Housing 6. Social Support No Extended Family Support No Community/Neighbourhood support 7. Health HH has ->1 Disabled, diseased, drug addict or prostitute. 10.4 Vulnerability Assessment The primary objective of the vulnerable persons assessment and assistance measures is to avoid the occurrence of project-induced vulnerability, and if it occurs, to mitigate this through preventive and follow-up measures. Criteria used to assess Project-induced vulnerability include pre-Project poverty, household composition, income, food supply, housing, social support, and health. The criteria are used to establish household vulnerability relative to local conditions. Vulnerability thus becomes locally defined as those households that are recognized to be in a tricky situation against the background of general poverty in the area. 10.5 Monitoring Vulnerable household monitoring is integral to the general resettlement monitoring framework. All vulnerable households should be tracked from registration to self- sufficiency in the Project database. Assistance measures will also be tracked from recommendation to completion in the Project database. A watch-list of households should be tracked in the database and visited on the ground at least once a quarter. Each follow up visit will be recorded in the database flagging changes to indicators that are problematic. RESETTLEMENT FRAMEWORK CHAPTER ELEVEN RAP/ARAP COORDINATION AND IMPLEMENTATION ARRANGEMENT 11.1 Overview The implementation of this RPF would rest on the National Project Coordination Office. The office will be responsible for disclosure and implementation of the report as required by law and will translate the principles to the respective participating states (SPMU) as guideline during the preparation and implementation stage of the sub- project RAPs. Specific roles of the various institutions and MDAs in the implementation of the RPF and the subsequent RAPs /ARAP are as specified in the table 10 below: Table10: Institutions and their Social Safeguard Responsibilities Category Roles & Responsibilities Federal • Preparation of RPF that meets the requirement of the World Bank Project • Responsible for setting up a Social Safeguard Unit. Management • Social Safeguard Specialist who will have the overall responsibility of Unit providing technical assistance to the SPMUs such as review of TOR (FPMU) and RAP reports and implementation of this RPF. RESETTLEMENT FRAMEWORK Category Roles & Responsibilities • Ensuring that State agencies adhere to the ESS5 guideline of the Bank Federal • Provide Policy Guidance, Ministerial Coordination and Institutional Government Changes regarding Environmental & Social issues of the project MDAs through the steering committee (Federal • Ensure that the disclosure policy of the government of Nigeria is Ministry of adhered to by the project. Environment) State Ministry • Provide project related policy decisions and guidance regarding land of Lands, acquisition and compensation Survey and • Ensuring compliance at State Level, on matters of Land Acquisition Urban and compensation and other resettlement issues Development, • Set up a functional Safeguards Unit in the SPMU SPMU • Responsible for preparation of ToR for ARAP/RAP Safeguards • Review all RAPs /ARAPs documents prepared by consultants and Unit ensure adequacy under the World Bank Environmental and Social Standards. • Ensures that the beneficiaries comply with social safeguard guidelines given in this RPF • Prepare compliance reports with statutory requirements; • Ensure that PAPs are compensated and carried along in line with this RPF • Review and approve the Contractor’s Implementation Plan for the environment • Liaise with various Central and State Government agencies on environmental, resettlement and other regulatory matters; World Bank • Assess and monitor implementation process of the RPF/ARAP • Review and clearance of ToR for ARAP/RAP • Responsible for disclosure of RPF/ARAP on the Bank’s external website • Responsible for final review and clearance of RPF/ARAP Local • Liaising with the SPMU to set up LGA Implementation Units and Ward government Facilitation Teams, which shall be responsible for ensuring participation of community and PAPs in resettlement implementation process • The LG will also be responsible for verifying adequacy of resettlement location and provide approval for such sites, providing additional resettlement area if the designated locations are not adequate, provide necessary infrastructures in relocated areas, engage and encourage carrying out comprehensive and practical awareness campaign for the proposed sub-projects, amongst the various relevant grass roots interest groups. • The Local Government Council must be fully briefed and enlightened in the process and steps to be taken in the RPF/ARAP and the overall project execution. RESETTLEMENT FRAMEWORK Category Roles & Responsibilities NGOs/CSOs • Assisting in their respective ways to ensure effective response actions, conducting scientific researches alongside government groups to evolve and devise sustainable environmental strategies and livelihood restoration measures. • Organizing, coordinating and ensuring safe use of volunteers in a response action, and actually identifying where these volunteers can best render services effectively • Providing wide support assistance helpful in management planning, institutional/governance issues and other livelihood related matter, Project impacts and mitigation measure, Awareness campaigns. Grievance Responsible for receiving, registration, verification and processing of Redress grievances and complaints related to the project, including giving Committee feedback to aggrieved persons and the project management. 11.2 Capacity Need and Training RPF and A/RAP preparation process and implementation are a high skilled area that requires trained and experienced experts. The capacity screening exercise carried out for this RPF shows that FPMU has some level of experience in Safeguard implementation from previous World Bank funded projects such as the FADAMA, NEWMAP, etc. However, some form of training will be required for the ACReSAL project because the staff of the SPMU may constitute of team members that do not have experience working on World Bank projects. Also, some states that were not part of the NEWMAP such as Adamawa, Bauchi, Benue, Jigawa, Kebbi, Kwara, Taraba, Yobe and Zamfara states are expected to join the ACReSAL Project and will have to form new SPMUs. The environmental and social safeguards training will help ensure that the requirements of the ESSs and subsequent social safeguard are clearly understood and followed by all project personnel throughout the project period. The SPMU will ensure, in collaboration with the FPMU that these training are provided to all Project personnel. The social training program will be finalized before the commencement of the project. The training will be provided to the SPMU staff, RAP consultants, construction contractors, and other staff engaged in the Project. Training will cover all staff levels, ranging from the management and supervisory to the skilled and unskilled categories. The scope of the training will cover general environmental and social awareness and the requirements of the ESS5 and other ESSs, with special emphasis on sensitizing the project staff to the social and genders aspects of the area. A training program is proposed below which can be realigned based on the needs. The training will focus on the following, inter alia: Priority States E&S Module Cost Timeline Adamawa, Bauchi, Introduction to World Bank ESF 2,000,000.00 3 days Benue, Jigawa, guidelines and ESSs (ESS5) on Kebbi, Kwara, resettlement and other World Bank Taraba, Yobe and operational policies Zamfara state Same as above Screening method and Social 500,000.00 1 day Surveys RESETTLEMENT FRAMEWORK Same as above Preparation and review of RPF and 1,500,000.00 2 days A/RAP and RAP Implementation process Same as above Land acquisition and resettlement 1,500,000.00 2days and Compensation Laws and procedures in Nigeria Same as above Compensation and supplementary 500,000.00 1 day assistance Same as above Grievance Mechanism and handling 2,000,000.00 2days Procedures Same as above Internal and External Monitoring 2,000,000.00 3 days procedures and reporting Total 10,000,000.00 14 days CHAPTER TWELVE MONITORING AND EVALUATION 12.1 Introduction Monitoring and evaluation are intended to help ensure that the resettlement action plan is prepared and implemented according to the resettlement policy framework. This will be a continuous process in the implementation of this RPF and the subsequent ARAPs/RAPs and will include internal and external monitoring. The objective of M&E is to assess the performance of the RAP and to identify early gaps and issues that the mitigation measures described in the plan are not able to address with a view to providing remedial measures to forestall a setback to project success. The safeguards officer in the SPMUs shall play a key role in reporting compliance and the progress of implementation to the SPMU, FPMU and the World Bank. The RPF underscores the importance of monitoring and evaluation of the sub projects under the Project. It also highlights mechanisms for internal and external monitoring which are described below. 12.2 Internal Monitoring During project preparation, and as part of the RAP, ACReSAL will develop a monitoring and reporting framework for resettlement activities. Central to this framework are the census of PAPs and the inventory of assets that constituted the basis for the agreed RAP. For those areas with minor resettlement, the SPMU Safeguard section will report at least quarterly on the implementation schedule, delivery and usage of any resettlement compensation, relocation of marketers and RESETTLEMENT FRAMEWORK transporters, and their pre- and post-move sales, extent of community involvement and efficiency of resettlement agencies in fulfilling their obligations In the areas where a RAP is required because of land acquisition or significant numbers of displaced persons, the Social Safeguards Officer will provide a quarterly progress report on the various resettlement activities. The report will provide detailed explanation of resettlement progress, fund allocation, and issues and problems arising, as well as solutions devised, during implementation. In addition, the report which shall be in a tabular format will have comparisons on the following: a. Estimated and actual extent of compensation delivered b. The number of structures demolished c. The number of new homes, shops, market stalls and other required structures built and all other matters deemed pertinent for facilitating resettlement and project progress. d. Number. of sub-projects requiring preparation of a RAP; e. Number of households, and number of individuals (women, men and children) and number of identified vulnerable PAPs, physically or economically displaced by each sub-project; f. Length of time from sub-project identification to payment of compensation to PAPs; g. Timing of compensation in relation to commencement of physical works; h. Amounts of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind); i. Number of people raising grievances in relation to each sub-project; j. Number of unresolved grievances k. Improvements in livelihoods and well-being of PAPs. 12.3 External/Independent Monitoring External monitoring will entail the engagement of an independent firm/consultant in the audit of the adherence and effectiveness of safeguards implementation by the SPMU. The purpose of independent monitoring of RAP/ARAP is to provide verification of key concerns in resettlement, such as compliance with resettlement policies, implementation progress, the extent of effective consultation and participation of local populations, and the direction and extent of changes of income and livelihood among displaced persons. The SPMUs will engage an independent firm or consultant to conduct this periodic external assessment of resettlement progress. The SPMU will develop a detailed monitoring work plan for the terms of reference, based on the resettlement plan submitted to and approved by the World Bank. The SPMU will review and approve the questionnaire and inventory forms developed by the consultant, as well as the research methods, analytic techniques, and reporting formats proposed by the consultant or firm. RESETTLEMENT FRAMEWORK The following activities are the standard functions of the external monitors: a. Verification of internal reports, by field check b. Interview a random sample of PAPs in open-ended discussions to assess their knowledge and concerns regarding the resettlement process, their entitlements and rehabilitation measures. c. Observe the functioning of the resettlement operation at all levels to assess effectiveness and compliance with the RAP. d. Check the type of grievance issues and the functioning of grievance redress mechanisms by reviewing processing of appeals at all levels and interviewing aggrieved PAPs. e. Survey the standards of living of the PAPs (and that of an unaffected control group where feasible) before and after implementation of resettlement to assess whether the standards of living of the PAPs have improved or been maintained. f. Advise project management unit regarding possible improvements in the implementation of the RAP. 12.4 Monitoring and Evaluation Indicators Several objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social well-being. The establishment of appropriate indicators in the RAPs/ARAPs is essential since what is measured is what will be considered important. Indicators will be created for affected people, for key stakeholder groups, and for special categories of affected groups such as women headed households, disable persons, marginalized persons etc. The following key indicators will be monitored periodically by SPMUs. 1. Input indicators include the resources in terms of people, equipment and materials that go into the RAP. Examples of input indicators in the RAP include: the sources and amounts of funding for various RP activities; and the establishment of the Land Acquisition Team. 2. 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: the creation of grievance mechanisms; the establishment of stakeholder channels so that they can participate in RAP implementation; and, information dissemination activities. 3. Output indicators concern the activities and services, which are produced with the inputs. Examples of output indicators in the RP include a database for tracking individual plot compensation, and the payment of compensation for loss of land or assets. RESETTLEMENT FRAMEWORK The monitoring indicators to be used for different RAPs are developed to respond to specific site conditions, however, Table 11 shows the different monitoring aspects and their potential indicators. Table 11: Process of monitoring of projects S/NO Monitoring Potential Indicators Aspects 1. Delivery of • Entitlements disbursed, compared with number and Entitlements category of losses set out in the entitlement matrix. • Disbursements against timelines. • Identification of the displaced persons losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, been included. • Timely disbursements of the agreed transport costs, relocation costs, income substitution support, and any resettlement allowances, according to schedule. • Documented evidence of land donation • Documented evidence of land acquisition completed with transfer of title • Documented evidence of land requisition/rented • Percentage of compensation paid for land acquisition/requisition or rented • Restoration of social infrastructure and services. • Affected businesses receiving entitlements, including transfer and payments for net losses resulting from lost business. 2. Consultation • Strategy for consultation and information disclosure is prepared • Consultations organized as scheduled • Project information’s are disclosed • Affected, interested, disadvantage and vulnerable groups are identified • views of disadvantage and vulnerable groups are considered during designing the entitlement and special measures are taken RESETTLEMENT FRAMEWORK • Schedules are planned for the various stakeholder engagement activities • Knowledge of entitlements by the relevant stakeholders including project affected people • If tribal people are affected, separate consultation has to be conducted with them 3. Grievances • Operationalization of the grievance redress mechanism proposed with RPF. • Operationalization of the GRM for labor and GBV • Information on the resolution of the grievances • Process by which people affected by the project can voice their grievances and concerns • Process to document complaints and concerns • Grievance recording (e.g. MIS, grievance log book • Stipulated timeframes for acknowledgement and resolution of complaints • Awareness raising, or communications efforts to inform stakeholders about the GM • Appeals process • Provisions to analyze complains and share feedback with management • GM reports published and frequency Communication • Number of general meetings (for both men and women). and • Percentage of women out of total participants. Participation • Number of meetings exclusively with vulnerable groups. • Number of meetings at new sites. • Level of participation in meetings (of women, men, and vulnerable groups). • Number of meetings between hosts and the displaced persons. • Level of participation in meetings (of women, men, and vulnerable groups). • Level of information communicated—adequate or inadequate. • Translation of information disclosure in the local languages. • Information disclosure. Budget and • Social Safeguard Specialist/expert appointed and mobilized Time Frames on schedule for the field and office work. • Capacity building and training activities completed on schedule. • Achieving resettlement implementation activities against the agreed implementation plan. RESETTLEMENT FRAMEWORK • Funds allocation for resettlement to implementing agencies on time. • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the resettlement action plan. • Social preparation phase as per schedule. Livelihood • Types of training and number of participants in each. Income and • Number of displaced persons who have restored their Restoration income and livelihood patterns (women, men, and vulnerable groups). • Number of new employment activities. • Extent of participation in rehabilitation programs. • Degree of satisfaction with support received for livelihood programs/activities. • Percentage of displaced persons who improved their income (women, men, and vulnerable groups) • Percentage of displaced persons who improved their standard of living (women, men, and vulnerable groups) • Number of displaced persons with replacement agriculture land (women, men, and vulnerable groups) • Quantity of land owned/contracted by displaced persons (women, men and vulnerable groups Table 12 outlines indicators to monitor and evaluate the implementation of resettlement and compensation plans. Table 12: Indicators to monitor and evaluate the implementation of resettlement and compensation plans. Monitoring Indicators Evaluation Indicators 1. Outstanding Compensation or 1. Outstanding individual compensation Resettlement Contracts not completed or resettlement contracts before next agricultural season 2. Communities unable to set village-level 2. Outstanding village compensation compensation after two years contracts 3. Grievances recognized as legitimate out of 3. All legitimate grievances rectified all complaints lodged. 4. Pre- project production and income (year 4. Affected individuals and/or before land used) versus present households compensated or production and income of resettlers, off- resettled in first year who have farm-income trainees, and users of maintained their previous standard of improved mining or agricultural living at final evaluation. techniques. RESETTLEMENT FRAMEWORK 5. Pre-project production versus present 5. Equal or improved production production (crop for crop, land for land) household 6. Pre-project income of vulnerable 6. Higher income of vulnerable individuals identified versus present individuals indicates efficient project income of vulnerable groups. performance. 12.5 Annual Audit The annual audit of RPF implementation will include: • A summary of the performance of each sub-project vis-à-vis its RAP; • A summary of compliance and progress in implementation of the process frameworks; • A presentation of compliance and progress in the implementation of the RPF. • Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced; • Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lesson for future resettlement activities and recommending correction in the implementation; • Ascertain whether the resettlement entitlement were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions • Annual audit reports will be submitted for scrutiny to World Bank 12.6 RAP Completion Audit After implementation of each RAP an audit will be carried out to determine whether the efforts to restore the living standards of the affected population have been properly designed and executed according to the timetable in the RAP. This completion audit will verify that all physical inputs earmarked in the RAP have been delivered and all services provided. These audits will also evaluate if the mitigation actions prescribed in the RAP have had the desired effect. The baseline conditions of the affected parties before the relocation will be used as a measure against their socio-economic status after the resettlement. These audits will verify results of internal monitoring and assess whether resettlement objectives have been met irrespective of whether livelihood and living standards have been restored or enhanced. The RAP implementation/completion audits will also assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation. Finally, the audit will ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions. To be effective, the completion audits will take place after all RAP activities have been completed including development initiatives, but before the completion of financial commitments to the programme. This will allow for flexibility to undertake any corrective action that the auditors may recommend before the project is completed. RESETTLEMENT FRAMEWORK Completion audits typically take place three to five years after resettlement impacts and might need to be repeated three years after to inform whether the suggested corrective actions were successful. Reference documents for each RAP Completion Audit are the following: • Resettlement Policy Framework. • The socio-economic baseline relevant to the component-specific RAP. • Resettlement Action Plan(s). The Completion Audit has the following specific objectives: • General assessment of the implementation of the RAP against the objectives and methods set forth in the RAP, prior to commencement of civil works. • Assessment of compliance of implementation with applicable international policies. • Assessment of the fairness, adequacy and promptness of the compensation and resettlement procedures as implemented. • Evaluation of the impact of the compensation and resettlement program on livelihood restoration, measured through income, employment, assets (e.g. land, houses, businesses, livestock), productivity of land and crop yields, health, education and access to services, social and cultural factors, with an emphasis on the requirement that PAPs be left no worse off, and ideally better off, as a result of displacement. • Identification of potential corrective actions necessary to mitigate the negative impacts of the program, if any, and to enhance its positive impacts. 12.6.1 Annual audit The annual audit of RPF implementation will include: a. A summary of the performance of each sub-project vis-à-vis its RAP b. Level of compliance and progress in implementation of the process frameworks. c. A presentation of compliance and progress in the implementation of the RPF. d. Assess whether resettlement objectives have been met; consider if livelihood and living standards have been restored or enhanced. e. Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced. f. Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lesson for future resettlement activities and recommending correction in the implementation. g. Ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions. h. Annual audit reports will be submitted for scrutiny to World Bank. RESETTLEMENT FRAMEWORK CHAPTER THIRTEEN INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 13.1 Institutional Arrangement For efficient and smooth implementation of the ACReSAL project, suitable institutional arrangements are necessary to manage and implement the RAP and other relevant ESF documents. All RAPs to be prepared under this RPF need to include an analysis of the institutional framework for the operation and the definition of organizational responsibilities. This analysis of the institutional framework will cover the following areas: • the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; • an assessment of the institutional capacity of such agencies and NGOs; and • any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. The organizational framework which forms the core of every RAP identifies the agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies’ capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. The ACReSAL Project RPF is built on institutional arrangements amongst public agencies and with local communities and project affected persons. These include the followings: Federal level: The primary focal point for the project will be a Federal Project Management Unit (Federal-PMU). The Federal-PMU will coordinate and provide oversight at federal level and will comprise of a Federal Project Coordinator and key technical staff i.e. social specialist, environment specialist, procurement specialist, financial specialist, M&E specialist, geotechnical, road and urban engineers. In addition, the Federal-PMU will be supported by a Project Management Consultancy (PMC), which will provide assistance in key areas of investment preparation quality review, portfolio management, procurement, and financial management. This assistance can also be extended to the State level. In addition the Federal-PMU may RESETTLEMENT FRAMEWORK from time to time recruit consultants (individuals, institutions or firms) as necessary to strengthen program planning and management. State level: State implementation arrangements will be similar to existing World Bank financed projects such as Community Social Development Project, Nigerian Agro Processing Productivity Enhancement and Livelihood Support Project and NEWMAP, with each participating State establishing a State PMU that will work directly with local governments and community level. This requires synergies with existing Bank projects in the various states where there are such project. The State-PMUs will include a State Project Coordinator, social specialist, environmental specialist, procurement specialist, communication specialist, financial specialist, M&E specialist, an engineer, a GIS specialist and a social expert. Site level: Much of components A and B, (Dry land Management and Community Climate Resilience) will be implemented at site-level, through sub-projects. At the community level, a Project Implementation Committee, headed by the relevant local government officer, will ensure local implementation and coordination with relevant MDAs while at individual sites, site committees will coordinate implementation. In addition, each sub-project site will include a community working group that will include traditional leaders, religious leaders, community level organizations and LGA officers that will provide community auditing of project activities. The institutional arrangement shall be designed to involve other federal and state MDAs and local programs concerned with water resources management commission and the national hydrological services agency, works, agriculture, regional and town planning, erosion control and land degradation management, local government, local communities and CSOs also need to be involved in each stage of the project. 13.2. Coordination and Implementation of this RPF and other Resettlement Issues The Federal PMU shall have an oversight role, but actual resettlement planning and implementation shall be the States’ PMUs responsibility State Level Institutions Also following after the pattern laid out for the project, below are some key institutions at the state levels that have been identified that will have a part to play in the execution of the resettlement activities. It should be noted that although a number of institutions, at the state levels have been identified that will have a role to play in the execution of the resettlement issues of ACReSAL. While most of them do not have direct links with resettlement, some of them, by operation or statutory functions, will have related responsibilities with resettlement on the ACReSAL project. 1. Project Management Unit (PMU) RESETTLEMENT FRAMEWORK a. Co-ordinate all policies, programmes and actions of all related agencies in the States; b. Ensure the smooth and efficient implementation of the project’s various technical programmes; c. Cooperate through a Steering Committee that provides guidance to the technical aspects of all project activities; d. Maintain and manage all funds effectively and efficiently for the sub- projects; e. Plan, coordinate, manage and develop ACReSAL projects to ensure success; and f. Organize the necessary orientation and training for the departmental 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. To achieve this, ACReSAL will have in each State, Steering Committee (Board) and Project Management Unit (SPMU) for coordinating the day to day activities with the relevant line departments. Specifically with regard to Environmental and Social issues, the PMU, through its Safeguards Unit, will liaise closely with other relevant MDAs in preparing a coordinated response on the environmental and social aspects of the ACReSAL sub-projects. An officer of the SPMU will be designated as the Social Safeguards Specialist (Livelihood & Social Safeguard Specialist) Officer to oversee the implementation of this Safeguard instrument (this RPF) as well as any other social provisions as deemed fit for project implementation as per the regulations of the World Bank and Government of Nigeria and the respective State governments. The roles and responsibilities of the Social Safeguard Specialist (Livelihood & Social Safeguard Specialist) include: a. Initiate Resettlement Action Plan (whenever the project involves displacement of homes or businesses) or land acquisition of any kind); b. Ensure Social Assessment (SA) (analysis of social conditions related to the subproject such as income levels, local organization, conflicts identified, leadership); c. Ensure/Carry out Social Mobilization Plan (assigning a role to the affected community and providing appropriate incentives for people to participate); d. Ensure Communication Plan; e. Ensure development of Livelihood Enhancement Plan (especially where livelihoods are affected adversely by the project, or stakeholders are economically vulnerable); f. Review all Documents prepared by consultants and ensure adequacy under the World Bank Environmental and Social Standards including the ESS5; RESETTLEMENT FRAMEWORK g. Co-ordinate application, follow up processing and obtain requisite clearances required for the project, if required; h. Prepare compliance reports with statutory requirements; i. Develop, organize and deliver training programme for the SPMU staff, the contractors and others involved in the project implementation, in collaboration with the PMU; j. Review and approve the contractor’s Implementation Plan for the social impact measures as per the RAP/ARAP and any other supplementary studies that may need to be carried out by the SPMU in relation to resettlement issues; k. Liaise with the Contractors and the SPMU on implementation of the RAP; l. Liaise with various National and State Government agencies on environmental, resettlement and other regulatory matters; m. Continuously interact with the NGOs and Community groups that will be involved in the project; n. Establish dialogue with the affected communities and ensure that the environmental concerns and suggestions are incorporated and implemented in the project; o. Review the performance of the project through an assessment of the periodic environmental monitoring reports; provide a summary of the same to the Project Manager, and initiate necessary follow-up actions; and p. Provide support and assistance to the Government Agencies and the World Bank to supervise the implementation. 2. State Ministry of Environment By the provision of acts, edicts and laws the states have also set up State Ministry of Environments (SMOEs) as the regulatory bodies to protect and manage the environmental issues in the states. The functions of the SMOEs include: a. Enforcement of all environmental legislations and policies; b. Coordination and supervision of environmental assessment studies; c. Minimization of impacts of physical development on the ecosystem; d. Preservation, conservation and restoration to pre-impact status of all ecological processes essential to the preservation of biological diversity; e. Protection of air, water, land, forest and wildlife within the states; f. Pollution control and environmental health in the states; and g. Co-operation with FMEnv and other agencies to achieve effective prevention of abatement of trans-boundary movement of waste. 3. Ministry of Lands, Survey, Urban and Regional Planning The Ministry processes all instruments evidencing ownership and possession of real estate in the states and also keeps in custody all real estate instruments, records, and their management. Generally, the Ministry advises Government as well as manages RESETTLEMENT FRAMEWORK Lands and all other landed properties belonging to the State Government situated within and outside the State. Thus amongst other things, the Ministries will: a. Be responsible for the acquisition of Land for projects; b. Recommend to the Governor on the allocation of States (Acquired) lands to individuals and organizations as well as the management of all State Lands; c. Be responsible for the preparation of Certificates of Occupancy which evidence the grant of State lands and the transfer of interest by the customary land holders. The Land Use and Allocation Committee is also an organ of this Ministry; d. Undertake research and carries out inspections and valuation of landed properties for all purposes with a view to advising the various Ministries/Establishments e.g. Compensation Valuation for acquisitions of Right of Ways, general acquisition of Land, Valuation for Insurance purposes, Valuations for Asset sharing, Valuation of Share Equities in Joint Ventures and Memorandum of Agreements, etc., and e. Be responsible for the making of Surveys of all Government lands. 4. Ministry of Agriculture a. Responsible for regulating agricultural research, agriculture and natural resources, forestry and veterinary research all over Nigeria; b. organizing and managing the agriculture sector, facilitate agribusiness for increased food security and employment along commodity value chains, and c. promoting agro-industrial development to contribute to the socio-economic development of the country. 5. Ministry of Water Resources a. provide sustainable access to safe and sufficient water to meet the cultural and socio-economic needs of all in a way that will enhance public health, food security and poverty reduction b. formulation and implementation of Water Resources Policy Programme; c. development and support for irrigated agriculture for food security; collection, storage, analysis and dissemination of hydro-meteorological and hydrological data; d. monitoring and evaluation of projects and programmes for effective performance; e. supply of adequate and potable water for domestic and industrial uses; f. provision of adequate sanitation and maintenance of water quality g. exploration and development of undergrounded water resources; h. formulation and review, from time to time, of National water legislation; i. liaison with all relevant national and international agencies on all matters relating to water resources development; and j. support of studies and research on the nation’s underground and surface water resources potentials. RESETTLEMENT FRAMEWORK 6. Ministry of Women Affairs a. guarantees equal access to social, economic and wealth creation opportunities to all, irrespective of gender, b. places premium on protection of the child, the aged and persons with disabilities; c. focuses attention of key operators in both private and public sectors on mainstreaming the concerns of these groups of people; and d. initiate policy guidelines and lead the process of gender equality and mainstreaming at both project and national levels 7. Local Government Level Institutions a. Responsible for coordinating 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; b. Responsible for the appraisal of dwellings and other buildings affected by the project; c. Provide additional resettlement area if the designated locations are not adequate. d. Provide necessary infrastructures in relocated areas; e. Engage and encourage carrying out comprehensive and practical awareness campaign for the proposed project, amongst the various relevant grass roots interest groups; f. Participating in sensitization of all communities; g. Participate in resolving grievances; and h. Monitor implementation of sub-projects and activities of Operational Officers; 8. Community and other Institutions a. Ensure Community participation by mobilizing, sensitizing community members; b. Assist in resolving grievances of PAPs; c. Ensures that social values are not interfered with; d. They may have complaints that need to be resolved in the execution of the sub- project; e. Support and assist in the mobilization of the various relevant grass roots interest groups that may have complaints that need to be resolved in the execution of the project with a view to avoiding conflicts and grievances; f. Oversees the development needs of the entire community; g. Ensure Community participation by mobilizing, sensitizing community members; and h. Support and assist in the mobilization of the various relevant grass roots interest RESETTLEMENT FRAMEWORK 9. World Bank a. Maintains an oversight role to ensure compliance with the environmental and social standards, review and provide clearance and approval for each project site. b. Maintain an oversight role of the supervision of the RPF/RAP/ARAP implementation, and may conduct spot checks as necessary. c. Conduct regular supervision missions throughout the project implementation, and monitor the progress of the project construction. d. Recommend additional measures for strengthening the management framework and implementation performance. e. In case the WB considers the implementation not to be acceptable and no improvements can be expected, it will require that institutional capacity building measures be taken to strengthen the PMUs. 13.3 Resettlement Activities and Implementation A detailed, time-bound implementation schedule will be included in each RAP, which will include the specification of the sequence and time frame of the necessary activities for land acquisition, release of funds to the acquiring agency, payment of compensation for various categories of loss and relocation, demolition of structures and transfer of land, grievance redress, and monitoring and evaluation. Table 13 presents the various resettlement activities and its corresponding responsible party. Table 13: Resettlement Activities and Responsible Party N0. Activity Responsible Actors 1. Liaising with World Bank/Project FPMU Supporters 2. Coordination of Activities FPMU 3. Preparation and Disclosure of RPF FPMU/World Bank 4 SPMU, communities, NGOs / CBOs, Selection of Sub-Projects World Bank 5. Selection of sub-project sites SPMU/Relevant MDAs/World Bank 6. Vetting of request for compulsory Ministry of Lands, Ministry of Physical acquisition of land, oversight of land Planning and Urban Development expropriation and land issuance of titles and Ministry of Environment to resettled PAPs 7 Social Impact studies (conduct social SPMU through Resettlement impact assessment and property impact Consultant studies) 8. Identify vulnerable people when SPMU through Resettlement developing RAPs and ARAPs Consultant RESETTLEMENT FRAMEWORK 9. Marking of affected properties, Inventory SPMU and Local Government of affected properties, Notifications, Authority Request for proof of eligibility, Consultations 10. Ministry of Physical and Urban Valuation of Affected Properties Development, SPMU 11 Organize and implement census of SPMU through Resettlement affected people and census and valuation Consultant of affected assets in the framework of the development of a RAP or ARAP 12. Consultations, Planning and Preparation SPMU/Consultants of RAP 13. Review of RAPs and ARAPs FPMU and World Bank 14. Disclosure of RAP SPMU/ World Bank 15. Internal Monitoring SPMU, 16 FMEnv, SoME, NGOs/ CBOs, External Monitoring and Approval Communities, World Bank 17. Preparation of Monitoring and Evaluation SPMU Report of RAP and Disclosure 18. Establishing of Resettlement and SPMU, Ministries of Land, Physical Rehabilitation Committees Planning and Urban Development/ - Utilities Committee to conduct an Land and Allocation Committees, inventory of properties with utility Ministry of Women Affairs and services Poverty Alleviation, Ministry of - Grievance Committee establish Agriculture procedures for dispute resolutions - Payment Committee establish payment modalities 19. SPMU/ Resettlement and Disclosure of values, Making offers, Rehabilitation Committee/ Ministry of Processing of payments Finance 20 Release of funds for payment Ministry of Finance, SPMU 21. Payment Committee (SPMU/ Resettlement Committee, Ministry of Women Affairs and Poverty Compensation Payments Alleviation 22. Grievance Committee (PMU/ Ministry of Justice/ Ministry of Lands/ Resettlement and Rehabilitation Grievance and dispute resolutions Committee 23. Representing government for any law SPMU, State Attorney General’s court redress cases Office RESETTLEMENT FRAMEWORK 13.4 Capacity Building Based on the assessment of the institutional capacities of the different ministries and agencies involved, it is recommended that a capacity building and training programme be enshrined in the overall project management and support for the stakeholders, especially the PMUs and the relevant MDAs as well as the communities and the NGOs/CBOs. The ESF is new to ACReSAL Project staff, as it is to all other implementing agencies. During implementation of the program, ACReSAL staff, NGO/consulting firms, contractors and relevant officials will be trained on ESF as part of the capacity development under components A and B of this program. Environmental and social safeguards training will help ensure that the requirements of the ESS and subsequent social safeguard are clearly understood and followed by all project personnel throughout the project period. The SPMU will ensure that these training are provided to all Project personnel. The social training program will be finalized before the commencement of the project. The training will be provided to the ACReSAL staff, construction contractors, and other staff engaged in the Project. Training will cover all staff levels, ranging from the management and supervisory to the skilled and unskilled categories. The scope of the training will cover general environmental and social awareness and the requirements of the ESS5 and other ESSs, with special emphasis on sensitizing the project staff to the social and genders aspects of the area. A training program is proposed below which can be realigned based on the needs. Table 14: Training /Capacity building focus Contents Participants Responsibility Schedule Introduction to World FPMU, SPMU, World Bank Prior to preparation Bank ESF implementing agency and ACReSAL and the start of and contractors RAP implementation ESF guidelines and FPMU, SPMU ACReSAL with Prior to the start of RPF implementing agency support of WB the Project and contractors Safeguard activities Team Screening method, Selected ACReSAL FPMU/SPMU/ Prior to the start of social survey staff, Consulting safeguard the Project procedure and RAP firm/NGO specialist activities preparation Training on ESS2, FPMU, SPMU, FPMU Prior to the start of ESS10 and ESS5 selected contractors’ the field activities crew RESETTLEMENT FRAMEWORK Preparation and FPMU, SPMU, FPMU Prior to the start of review of RPF and Design, Monitoring the field activities RAP and supervision consultant Grievance Contractors, SPMU FPMU Prior to the start of Mechanism and consulting the construction handling procedure firms/NGO, activities Construction crew Internal and External SPMU, Consulting FPMU Before and during Monitoring firms, Contractors the construction procedures and activities reporting Nigerian extant laws SPMU, Consulting FPMU Prior and during the on land acquisition, firms, Contractors construction resettlement and activities compensation Training on RAP SPMU, Livelihood FPMU Prior to the start of implementation for Specialist, Consulting civil construction the PMU firms, NGOs activities Again, it is the responsibility of the Social Safeguard Unit that shall be set up to ensure that all identified members of the implementation team are trained prior to implementation of resettlement and compensation. The training should focus on the following, inter alia: • Relevant Nigerian laws and policies relating to land acquisition and resettlement; • Compensation and supplementary assistance; • RAP Implementation process; • Introduction to social and resettlement aspects learning basic concepts and policy, legal and other relevant statutory requirements in Nigeria and World Bank 13.5 RAP Coordination with Civil Works The resettlement program will be co-coordinated with the timing of civil works. The required coordination 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 measures would ensures that no PAP or affected household is displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for the PAPs or community affected. The project will adhere to the following important principles in its implementation: - No construction should be undertaken unless PAPs have received their RESETTLEMENT FRAMEWORK resettlement entitlements in accordance with this RAP. - Information sharing and consultations 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; - target dates for start and completion of civil works, and - dates of possession of land that PAPs are using. The approval of RAPs would depend on the confirmation that the resettlement plans contain acceptable measures that link resettlement activity to civil works in compliance with the Bank’s ESF Table 15: Major Component Tasks and Schedule for the RAP Implementation and Linkage with Civil Works Activities Expected Number of Months REMARK S Month 10 Month 11 Month 12 Month 14 Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Consultation /Community participation and Information to people affected, cut-off date announcement, census and socio-economic survey, analysis date and identification of impacts, of impacts, Restoration assistance measures and preparation of RAP RAP Report Approval Disclosure of RAP RESETTLEMENT FRAMEWORK RAP Implementation including payment of Compensation and/or supplementary assistance Rehabilitation/civil works - commencement of project construction operations. Follow-up visit by responsible stakeholders/SPMU Income Restoration Assessment CHAPTER FOURTEEN FUNDING ARRANGEMENT 14.1 Budget and Financing In line with the legal framework of the RPF, compensation and resettlement assistance will be paid by Ministry of Finance through the Ministry of Environment and SPMU to all categories of eligible persons. At this preparatory stage, subproject specific locations are currently unknown. In view of the above, reliable estimates of the number of potential project-affected persons are not possible to make at this point. Notwithstanding, this RPF is prepared to provide guidance and process for preparing an abbreviated resettlement action plan (ARAP) or a full Resettlement Action Plan (RAP). ARAP depending on the magnitude of adversely affected persons at a given subproject site. Final Resettlement cost estimates and budget will consider items covered in the following matrix: Table 16: Resettlement Cost Estimation RESETTLEMENT FRAMEWORK Resettlement a • Cost of census and survey of PAPs and inventory of assets Compensation n • Cost of information and consultation cost d • Compensation for lost assets (land, structures etc.) • Cost of replacement land • Cost of preparation of replacement farmland Relocation a • Cost of moving and transporting movable items transfer n • Cost of replacement housing d and • Cost of site and infrastructure development services • Subsistence allowance during transition • Cost of replacement businesses and downtime Income • Cost estimates for income restoration plans (e.g. training, small restoration plan business, community enterprise, etc.) • Cost of incremental services (extension, health, education) • Environmental enhancement package (forestry, soil conservation, grazing land etc.) Administration • Physical facilities (office space, staff housing, etc.) costs • Transport/vehicles, materials • Disclosures • Operational staff (managerial, technical) and support staff • Training and monitoring • Technical assistance • Evaluation by independent agency • Grievance Redress Mechanism • Implementation costs 14.2 RPF and RAP Implementation Budget The budget for resettlement will be determined based on field assessments, prevailing asset values, and actual experience from on sub-project RAPs to ensure that adequate funds for resettlement are allocated during the course of project implementation. At this stage, it is not possible to estimate the exact number of people who may be affected since the technical designs and details of the specific sites and sub-projects have not yet been developed, it is not possible at this stage to produce a detailed budget for RAP implementation. However, estimates of compensations for land, crops, economic trees, structures etc has been provided in Annex. When these locations are known, and after the conclusion of the site specific socio-economic study, information on specific impacts, individual and household incomes and numbers of affected people and other demographic data will be available, then a detailed and accurate budget for each RAP/compensation will be prepared. RESETTLEMENT FRAMEWORK Each RAP must include a detailed budget, using the indicative template. The RAP will include a detailed budget for the payment of compensation and implementation of the various resettlement aspects for a particular subproject, including amongst others, costs of surveys, land acquisition, loss of livelihood, and loss of crops and other property, and allowances/in-kind assistance for the vulnerable members of the community. This would enable facilitating the preparation of a detailed and accurate budget for resettlement and compensation. The SPMUs will prepare the resettlement budget and will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the project. This budget will be subject to the approval of the World Bank. Further to the budget funding, some of the costs of resettlement (e.g. professional services, site preparation, construction, etc.) can be financed from the Bank loan, while other costs (e.g. compensation payments, acquisition of land) cannot be financed from the Bank loan and shall be paid out of counterpart funds. . An indicative RAP budget outline is presented below. Table 17: Indicative Outline of a RAP Budget S/N Item Cost (N) Total A1 Compensation Agricultural Crops / Economic Trees Scared tree / Shrines Graves Structures/ Buildings Land Business Disruptions Sub-total B Additional Mitigation Livelihood restoration measures/assistance for vulnerable groups Grievance Redress Management Sub-total C Implementation Capacity building/Institutional strengthening Disclosure Sub-total E Add Contingencies (5%) Grand Total RESETTLEMENT FRAMEWORK Table 18: Cost Assumptions S/N Item Costs Assumptions 1 Compensation for loss of For land acquisition purposes, based on Land per Ghanaian average market hectare cost, or from similar projects 2 Compensation for loss of Includes costs of labor invested and Crops Per average of highest price of staple food hectare of crops and Ghanaian market farm lost Prices 3 Compensation for loss of Those affected would be provided with access to pastoralists shared access, or alternate routes If (decision agreed through consultation applicable and participation of all) 4 Compensation for loss of Data provided from the revised socio- access to fishing If economic study will determine market resources. applicable values of catch, fish products etc. 5 Compensation for This compensation may be in-kind or Buildings and cash. Costs for basic housing needs Structures If should include ventilated pit latrines, applicable outside kitchen, and storage. 6 Compensation for Trees Includes costs of labor invested and Per average of highest price of trees (and Year, Per tree products) and tree Ghanaian market prices 7 Cost of Relocation This cost reflects the moving Assistance/Expenses Per and transportation household Allowance 8 Cost of Restoration Assumed to be higher than the of Individual GDP/capita in Nigeria Income 9 Cost of Restoration of These costs reflect the Household Income livelihood restoration program of the RAP 10 Cost of Training Farmers, This is a mitigation measure involving pastoralists and other capacity building and involves PAPs PAPs and affected communities RESETTLEMENT FRAMEWORK 14.3 Sources and funding arrangement The respective State Government shall provide resources for compensation payments relating to land acquisition and physical assets replacement/resettlement issues. The SPMU will determine an appropriate Resettlement Budget based on subproject impacts, valuation reports and mitigation plan. The State Project Coordinator will be responsible for ensuring the prompt provision and efficient flow of the budgeted funds for resettlement to the various subprojects prior to commencement of civil works. Appropriate measure will be developed, utilizing gender-disaggregated socioeconomic information from the RAP census surveys, to ensure that men and women are compensated equally. The resettlement budget and financing will cover funds for compensation of private property, community infrastructure replacement and improvement, assistance to top-up compensation, training and the management of resettlement expenses, including those for the SPMU and other stakeholders for external monitoring. REFERENCES AbdulKadir, A., Usman, M. I. and Shaba, A. H., (2015): An integrated approach to delineation of the eco-climatic zones in Northern Nigeria. J. Ecol. Nat. Env. 247 -255. Adams, W. M., and Mortimore, M. J. (1997). Agricultural Intensification and Flexibility in the Nigerian Sahel. The Geographical Journal Environmental Transformations in Developing Countries Volume 163.2, pp. 150-60. Africa Polling Institute (2019) Nigeria Social Cohesion Survey 2019. Cervigni, R., Riccardo, V., and Monia, S, eds. (2013): Toward Climate-Resilient Development in Nigeria. Directions in Development. Washington, DC: World Bank. Fasona, M., Oloukoi, G., Olorunfemi,F., Elias, P., and Adedayo, V. (2014). Natural Resource Management and Livelihoods in the Nigerian Savanna. Penthouse Publications. Ibadan, Nigeria. FAO (2015) Global Forest Resources Assessment. FAO Forestry Paper No. 1∗∗UN Food and Agriculture Organization, Rome Federal Republic of Nigeria (2016) Agro Processing; Productivity Enhancement and Livelihood Improvement Support Project. Resettlement Policy Framework Final Report. FGN (2010): National Environmental Economic and Development Study (NEEDS) for Climate Change in Nigeria - https://unfccc.int/files/adaptation/application/pdf/ nigerianeeds .pdf Final Report of Resettlement Policy Framework (RPF) (2017) for the Nigeria Erosion and Watershed Management Project – Additional Financing (NEWMAP-AF) (P164082) by Federal Ministry of Environment. Final Report Resettlement Policy Framework (RPF) (2018) for Livestock Productivity and Resilience Support Project (LPRES), Department of Animal Husbandry Services Federal Ministry of Agriculture and Rural Development Government of the People’s Republic of Bangladesh (2020) Resettlement Policy Framework (RPF) for Western Economic Corridor & Regional Enhancement Program (We CARE Program) by Local Government Engineering Department (LGED) Land Use Act (1978), The Complete 2004 Laws of Nigeria accessed 23 May 2021. (Land Use Act 1978) Ofoegbu, C. (2013): An analysis of the role of green economy in promoting innovative forest development in Nigeri9a: A synthesis from the literature. Int. J. Res. Earth and Env. Sci. Okehie-Offolie & Mathew Sadiku, (1996) Diversity and Culture in Multiethnic Nigeria Oladipo, E. (2018) Household Vulnerability to Climate Change in the Arid and Semi-Arid Northern Nigeria. Report submitted to the World Bank RESETTLEMENT FRAMEWORK Onyenike, P. O. (2020). Internal Displacement in North West & North Central Nigeria: What can we learn from the numbers? https://towardsdatascience.com/internal-displacement-in- north-west-north-central-nigeria Oxfam (2017). United Nations Millennium Development 2000 and World Bank World Development Indicators 2010 Inequality in Nigeria,’ Report published by Oxfam on May 17, 2017 National Bureau of Statistics [NBS] (2009) Federal Government of Nigeria (FGN) National Literacy Survey Nigeria-2009. National Population Commission (2006) National Population Census statistics of 2006. Federal Republic of Nigeria Official Gazette 2009 Abuja. UNDP-GEF (2017) Annual Performance Report of the UNDP Global Environmental Finance Unit. United Nations Development Programme United Nations Demographic Survey (2016) Demographic and Social Statistics - the United Nations World Bank (2020): Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL) (P175237). Porject Concept Note submitted to Fedral Ministry of Finance, Abuja, Nigeria. World Bank (2018) Guidance Note For Borrowers - Environmental & Social Framework for IPF Operations ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement World Bank (2017) Environmental and Social Framework. International Bank for Reconstruction and Development World Bank (2002): Sustaining forests. A World Bank strategy (available at http://siteresources. worldbank.org/INTFORESTS/214573-113990657527/20632625/Forest_Strategy_ Booklet.pdf). RESETTLEMENT FRAMEWORK ANNEX 1 QUESTIONNAIRE FOR RESETTLEMENT POLICY FRAMEWORK AGRO-CLIMATIC RESILIENCE IN SEMI-ARID LANDSCAPES (ACReSAL) The RPF is prepared before the proposed project is appraised setting out the resettlement and compensation priniciples, organizational arrangments and design criteria to be applied to meet the needs of the peo[le who maybe affected by the project, when project activities are identified. The Resettlement Action Plan (RAP) is prepared consistent with the provision of the RPF. Please we humbly request that you respond to the following questions to facilitate the preparation of the RPF for Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL). Thanks for yor coperation. SURVEY INSTRUMENT/CHECKLIST FOR ACReSAL PROJECT Questions/Probes Screening Checklist Sources Section 1: Perception, Concerns and Understanding of Project After background What is your perception about the project? MDA, SPMU, introduction, probe Community, CSOs for stakeholders What are your expectations from this project? Community, CSOs understanding of the If this project will result in land acquisition, what will be your Community, CSOs project concerns? Do you have other concerns about this project? Community, CSOs Section2: Regulations and Policies Description of the What are the legislations, policies conventions regulating the CSOs, SPMU, Legal framework operations of agricultural production, management and MDA trade? Probe for/collect data for: • National legislations • State laws • WB/international legislations/treaties Stakeholders, • Probe for exhaustive list of stakeholders and their CSOs, SPMU, Institutions and stakes in this project MDA, other capacities • Who are the primary stakeholders (direct stakeholders beneficiaries/actors)? • Who are the secondary stakeholders (indirect beneficiaries and those who have some form of stakes, roles and/or interests)? • Probe for the functions of each stakeholder agency RESETTLEMENT FRAMEWORK • Is there any organogram that shows stakeholder relationship or reporting command within the FMARD? • To what level do these institutions have what they need to function? • What are the main constraints (probe for equipment and material deficiency, funding of research and operations, technical capacity, number of staff/shortage of skill staff, lack of training ) • Identify Capacity Needs Section3: Roles/Functions of Institutions Are Civil Society Groups prominent in this area/State? Community, SPMU, MDA What are the known Civil Society Groups in this State? Community, SPMU, MDA What are the roles Civil Society groups play in land acquisition Community, and compensation matters in this area/state? SPMU, MDA Are there local mechanisms for settling land disputes? Community, CSO What roles do the traditional institutions play in land dispute Community matters? Section 4: Stakeholder Institutional Roles and Capacity (probe for existence & capacity gap/need) State Ministry of probe for existence & capacity gap/need FPMU, SPMU Agriculture Department of probe for existence & capacity gap/need FPMU, SPMU Climate Change Department of probe for existence & capacity gap/need FPMU, SPMU Forestry Ministry/Department probe for existence & capacity gap/need FPMU, SPMU of Land & Survey River Basin probe for existence & capacity gap/need FPMU, SPMU Development Authority Ministry of probe for existence & capacity gap/need FPMU, SPMU Environment Local Government probe for existence & capacity gap/need FPMU, SPMU Authority Department of probe for existence & capacity gap/need FPMU, SPMU Livestock Meyetti-Allah probe for existence & capacity gap/need Community, SPMU, CSO Ministry of Women probe for existence & capacity gap/need FPMU, SPMU Affairs and Social Development Section 5: Social Assessment and Socioeconomics Categories of • Herdsmen? CSO, Community, potential stakeholder • Crop farmers? SPMU, MDA groups identified • Livestock farmers? (probe for others and how ACReSAL will • Women in farming cooperative? affect each group) • Association of Water Users? • Agricultural input seller’s association? • Association of Physically challenged Farmers RESETTLEMENT FRAMEWORK • Indicate the major environmental concerns/ problems in the semi-arid region of Nigeria especially in the rural areas • Give brief summary of the problem of desertification in the state and how it is been tacked? • Indicate ongoing projects/programs aimed at the aforementioned problems • Which locations in the state are susceptible to environmental problems (rural or urban locations) Land • Which institution/agency or department handles land CSOs, SPMU, acquisition and resettlement matters? MDA • What are the types of livestock rearing/grazing in place? (open grazing, controlled/confined) • What are the types of crops grown? • What is the size of land available for livestock rearing/grazing? (Probe for available land for livestock in the state and in specific clusters) • Is there a need for additional land acquisition under this project (i.e in view of what is planned to achieve)? • Will private land or community land be affected? • What is the nature of land ownership in this state/area (expected outcome: inheritance, family land, communal land, Government, leased land, Gift from community leader or right owners? • In what ways are land owners legally or formally recognized (expected outcome: Statutory right of occupancy, customary right, community recognition by approval of community head, land documentation agreement, gentleman agreement ) • What is the process for land acquisition for small land holding? • What is the process for land acquisition for commercial land holding? Major Challenges • Probe for challenge to land acquisition, land conflicts, Department of • Also probe for major pests and disease vectors, Land Management availability or none of veterinary services, early warning State Ministry of and response system to epidemics/disease vectors, etc. Land and Survey, Farmers Right of Women • Do women have right to land ownership? • Are there any cultural or religious restriction (s) to women CSO, Community, ownership/use of land? Women group • Is culture a barrier to women participation in agriculture? • Do women involve in livestock production? • How do women engage in livestock value chain transactions? (expect: as individual holders, as cooperatives) probe for the dominant practice in the project area/state • What is the percentage of women in agricultural production? • Any special preference for women backed up by a known policy? RESETTLEMENT FRAMEWORK • Do women have equal access as the men in community decision making? Vulnerable Groups • Who are the people/groups that may be worse affected Women group (more than others) by the activities of this project? Physically • Do you have physically disadvantage people as crops or challenged livestock business owners? If yes, what are the major groups challenges of this group? • How will this project affect them differently? Impacts of this • Try to mention the areas of targets of this intervention and intervention probe for the envisaged impacts from the stakeholders. CSOs, • As follow up question for example: Community Positive Impacts: Livestock farmers; o Are there positive impacts expected from the intervention? If yes, list them. Livestock Negative Impacts: Associations o Will the project lead to land depletion? o Will it result to farmer-herder clash/conflict? o Will it lead to loss of land and other productive assets? Crop farmers and o How many people will be affected by physical Associations displacement resulting from this project? o How many businesses, shops and people will be affected by this project? o What will be the impacts on youths? o What will be the impacts on widows and single parent mothers? Grievance Redress • Probe for the structure of conflict resolution at the cluster CSO, Community, level, community level and State Ministry of Agriculture Livestock farmers; level (if any) Crop farmers • Has the local Conflict Resolution Mechanisms been Livestock effective in resolving land conflicts? Associations, • Is the existing GRM optimal/efficient? Crop Farmers • If sub-optimal, what is/are the challenges? Associations • In what way do the herders rear their cattle to avoid destruction of public crops and assets? Department of • How can the activities of cow encroachment on farms be Land Management avoided or controlled State Ministry of Land and Survey, Compensation rate • Does this state have gazette for payment of Department of gazette compensation for crops, economic trees and land Land (request for the document) Management; • When was the existing gazette prepared? (Are the rates obsolete or in terms with prevailing economic State Ministry of reality?) Agriculture • How is land unit measured/recognized in this place (square meter, acre, or hectare? • How much does it cost to acquire a unit of land for lease? • How much does it cost to acquire a unit of land for outright purchase? RESETTLEMENT FRAMEWORK ANNEX 2 ELEMENTS OF PREPARING A RESETTLEMENT ACTION PLAN Reference: ESS5—Annex 1 1. Description of the project. General description of the project and identification of the project area. 2. Potential impacts. Identification of: (a) the project components or activities that give rise to displacement, explaining why the selected land must be acquired for use within the timeframe of the project; (b) the zone of impact of such components or activities; (c) the scope and scale of land acquisition and impacts on structures and other fixed assets; (d) any project-imposed restrictions on use of, or access to, land or natural resources; (e) alternatives considered to avoid or minimize displacement and why those were rejected; and (f) the mechanisms established to minimize displacement, to the extent possible, during project implementation 3. Objectives: The main objectives of the resettlement program. 4. Census survey and baseline socioeconomic studies. The findings of a household- level census identifying and enumerating affected persons, and, with the involvement of affected persons, surveying land, structures and other fixed assets to be affected by the project. The census survey also serves other essential functions: a) identifying characteristics of displaced house-holds, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; b) information on vulnerable groups or persons for whom special provisions may have to be made; c) identifying public or community infrastructure, property or services that may be affected; d) providing a basis for the design of, and budgeting for, the resettlement program; e) in conjunction with establishment of a cutoff date, providing a basis for excluding ineligible people from compensation and resettlement assistance; and f) establishing baseline conditions for monitoring and evaluation purposes RESETTLEMENT FRAMEWORK As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: g) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; h) the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; and i) social and cultural characteristics of displaced communities, including a description of for-mal and informal institutions (e. g ., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities 5. Legal framework. The findings of an analysis of the legal framework, covering: a) the scope of the power of compulsory acquisition and imposition of land use restriction and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available grievance redress mechanisms that may be relevant to the project; c) laws and regulations relating to the agencies responsible for implementing resettlement activities; and d) gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS5, and the mechanisms to bridge such gaps. 6. Institutional framework. The findings of an analysis of the institutional framework covering: a. the identification of agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons; b. an assessment of the institutional capacity of such agencies and NGOs/CSOs; and c. any steps that are proposed to enhance the institutional capacity of agencies and NGOs/CSOs responsible for resettlement implementation 7. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cutoff dates. 8. Valuation of and compensation for losses. The methodology to be used in valuing losses to deter-mine their replacement cost; and a description of the proposed types and levels of compensation for land, natural resources and other assets under local RESETTLEMENT FRAMEWORK law and such supplementary measures as are necessary to achieve replacement cost for them. 9. Community participation. Involvement of dis-placed persons (including host communities, where relevant): a) a description of the strategy for consultation with, and participation of, displaced persons in the design and implementation of the resettlement activities; b) a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; c) a review of the resettlement alternatives presented, and the choices made by displaced per-sons regarding options available to them; and d) institutionalized arrangements by which dis-placed people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 10. Implementation schedule. An implementation schedule providing anticipated dates for displacement, and estimated initiation and completion dates for all resettlement plan activities. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 11. Costs and budget. Tables showing categorized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies . 12. Grievance redress mechanism. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from dis-placement or resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 13. Monitoring and evaluation. Arrangements for monitoring of displacement and resettlement activities by the implementing agency, supplemented by third-party monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of results for a reasonable period after all resettlement activities have been completed; using the results of resettlement monitoring to guide subsequent implementation . 14. Arrangements for adaptive management. The plan should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcome. RESETTLEMENT FRAMEWORK ANNEX 3 SCREENING FRAMEWORK FOR CENSUS OF AFFECTED ASSETS AND AFFECTED PERSONS Annex 3.1: Affected Plot Sheet Reference: Reference: ……………………………………………………………………………… Location: - County: ……………………District: …………Town: ……………………. GPS Coordinates: ……………………Surface: …………………………………… m2 Description of soil: ……………………………………………………………………. …………………………………………………………………………………………. …………………………………………………………………………………………. Perennial Crops: 1 Owner: …………………………………………………. 2 Owner: …………………………………………………. Annual Crops: 1 Owner: …………………………………………………. 2 Owner: …………………………………………………. Trees: 1 Owner: …………………………………………………. 2 Owner: …………………………………………………. Structures: Movable structures: ………………. Owner: ………………………. Immovable structures: ……………. Owner: ………………………. Buildings: ………………………… Owner: ………………………. Users: User 1: ……… Surface used: …….. Regime of tenure: ……………. User 2: ……… Surface used: …….. Regime of tenure: ……………. User 3: ……… Surface used: …….. Regime of tenure: ……………. User 4: ………Surface used: …….. Regime of tenure: ……………. Valuation proposal (details of calculation on attached sheet): Crops: …………………………………………………………………………………. ………………………………………………………………………………………… Structures: ……………………………………………………………………………… …………………………………………………………………………………………. Proposed distribution of compensation: User 1: ………………………………………………………………………………… User 2: ………………………………………………………………………………… User 3: ………………………………………………………………………………… User 4: ………………………………………………………………………………… Prepared By: …………………………………. ….Date: ………………………………. Annex 3.2: Affected Building Sheet Reference: ……………………………………………………………………………… Location: - County: ……………………District: …………Town: ……………………. GPS Coordinates: ………………………….. Photograph number: ……………………. Owner:- RESETTLEMENT FRAMEWORK Full Name: ……………………………………………………………………… Address : ……………………………………………………………………… …………………………………………………………………………. Description:- Permanent:…………Non permanent: ………………… Surface: ………………… m2 Number of rooms: ………………… Walls: Material: ………….. Condition: …………………………… Roof: Material: …………. Condition: ………………………….. Floor: Material: ………… Condition: ………………………….. Annexes outside: Latrine: Material: ………….. Condition: …………………………… Bathroom: Material: ………….. Condition: …………………… Kitchen: Material: ………….. Condition: …………………………… Others: ………………….Material: …………..Condition: …… Additional features: ……………………………………………………….. ……………………………………………………………………………… Permanently Inhabited: ….By: ……………….Regime of occupation: ………………… Periodically Inhabited:By: ………………… Regime of occupation: ………………… Vulnerable group: a) Women-headed Household………….. b) Family with physically and mentally……………. c) Family with aged members……………. d) Family with income below poverty line……………. e) Family losing more than the economic threshold of their land through acquisition/negotiation………… Valuation proposal (details of calculation on attached sheet): …………………………… …………………………………………………………………………………………………………… ………………………………………………………………………………………………………… Proposed distribution of compensation: User 1: ………………………………………………………………………………….. User 2: ………………………………………………………………………………….. User 3: ………………………………………………………………………………….. User 4: ………………………………………………………………………………….. Prepared By: …………………………………. ….Date: ………………………………. Annex 3.3: Affected Household Sheet Household Reference: ……………………………………………… Location: - County: ……………………District: …………….Town:………………… Reference of Affected Asset:- Type: - Structure: ….. Plot: ….Crop: ……… (Tick one) Reference of Affected Asset Sheet: ……………………………………………………. Household Information:- Head of Household: - Name: …………………..Age: ………..Sex …………. Identity Document: - Type: …………………Number: ……………………… Composition of Household:- RESETTLEMENT FRAMEWORK Number Name Relationship with Household Sex Age Head 1 2 3 Socio-Economic Information:- Head of Household: …………………………………………………………………… Occupations: - Primary: ………………. Secondary: …………………………………… Other members of Household:- Number: …………... Occupation: ……… Highest education level attained: ………… Number: …………... Occupation: ……… Highest education level attained: ………… Total Estimated Household Cash Income: …………………………………………….. Education level of Household Members:- Number: …… Level: …………………………… Number: …… Level: ……………………………. Number: …… Level: …………………………… Number: …… Level: …………………………… Project Impact:- Assessment of the Impact of the Loss of the Affected Asset on Household’s Livelihood: ………………………………………………………………………………………… Amount of land owned; ……………………………………………………………….. Details of income loss due to loss of land; …………………………………………….. Proposed Compensation or Resettlement Package:- Household’s Wishes: …………………………………………………………………… …………………………………………………………………………………………. Proposed Package: ……………………………………………………………………… Proposed Livelihood Restoration Package:- Household’s Wishes: …………………………………………………………………… …………………………………………………………………………………………. Proposed Package: ……………………………………………………………………… ………………………………………………………………………………………….. RESETTLEMENT FRAMEWORK ANNEX 4 Annex 4a: A SAMPLE GRIEVANCE LOG 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 GRIEVANCE REDRESS FORMS Annex 4b. Sample Grievance Redress Form and Agreed Resolution Format RESETTLEMENT FRAMEWORK Grievance Form Grievance Number: Copies to forward to: Name of the Recorder; (Original)-Receiver Party: LG & Community: (Copy)- Responsible Party: Date: Information About Grievance Define the Grievance………………………………………………………………………………… Information about the Complainant Forms of Receipt: Name □ community Information Meetings Phone Line □ Mail Village/ Local Govt. Area □ Informal Signature of Complainant and Date □ Other DETAILS OF GRIEVANCE (addition to list could be made as appropriate) 1. Access to Land and 3. Damage to 4. Decrease or Resources 2. Damage to Infrastructure or Loss of 5. Traffic Community Assets Livelihood Accident a) Road b) Bridge /Passageways a) Injury c)Power/Telephone b) a) Fishing Lines Damage grounds d) Water sources, to b) Lands a) House canals and water a) Agriculture property c) Pasturelands b) Land infrastructure for b) husbandry c) d) House c) Livestock irrigation and animals c) Beekeeping Damage e) Commercial d) Means of e) Drinking water d) Small scale to site livelihood f) Sewerage System trade livestock f) Others e) Other g) Others e) Other e) others 6. Incidents 9. Construction Regarding Camp and Expropriation Community and Relations Compensation 7. Resettlement 8.Employment and a) Nuisance from 10. Others (Specify) Process(Specify) Recruitment(Specify) dust (Specify) b) Nuisance from noise c) Vibrations due to explosions d) Misconduct of the project personnel /worker d) Complaint follow up e) Others Annex 4c: Template of a Claim Registration and Follow-up Form Prepared by: Date: Aggrieved person: Full name: Residence: RESETTLEMENT FRAMEWORK Project registration number: Reason for the claim (detailed description of the aggrieved person’s version): Composition of the mediation committee: Chair (name, position): LG Chairman/Community Leader/representative (name, position): Project (name, position): Other elders (name, position): Report of mediation efforts: Agreed solution: Implementation of the agreed solution: Close-out: In case no settlement is reached: Reason why no settlement could be reached: Follow-up by claimant: Appendix 4d: Quarterly Grievance Report Complainant’ s complain and Name, gender communicati commitment complainant complainant complainant and location expectation and date of Agreement with dates resolution submitted Method of Decisions Reason if Nature of Progress Case No. on to the pending) with and pending (solved/ petition Date of to of ANNEX 5 MINUTES OF THE MEETINGS HELD WITH DIFFERENT STATES’ NEWMAP SPMUS, TOP GOVERNMENT OFFICIALS AND OTHER RELEVANT STAKEHOLDERS ON ACRESAL PROJECT RESETTLEMENT FRAMEWORK Annex 5a: Minutes of the Meeting Between Sokoto State NEWMAP SPMU and Consultants on ACReSAL Project Held at NEWMAP Office Conference Room, Sokoto On 25th January 2021 at 8:00 am S/N AGENDA DESCRIPTION 1.0 Date 25th January 2021 2.0 Time 8.00am 3.0 Language of English and Hausa Communication 4.0 Attendance Alh Ibrahim Umar the PC Sokoto NEWMAP, Project Officers of the SPMU and visiting consultants as indicated in the attendance sheet. 5.0 Opening The Christian and Muslim Prayers were recited by volunteers. Prayer 6.0 Agenda Current status with necessary NEWMAP officers Concerns relating to effectiveness and adaptability from NEWMAP to ACReSAL Questions and Answers session 7.0 Opening Ibrahim Umar NEWMAP Sokoto SPMU welcomed all the participants at the Remarks meeting; he also introduced all his staff in Sokoto state NEWMAP SPMU to the consultants. 8.0 Consultant’s • The consultant gave a general overview of the ACReSAL Project which Speech according to him involves how to increase the adoption of climate resilient landscape management practices and livelihoods in targeted arid/semi-arid watersheds in Northern Nigeria. He mentioned how the project will give emphasis on desertification, drought, and flood control and watershed management practice in Northern Nigeria. He gave a general description of how some MDAs will be relevant to the project implementation and what are expected of them. Thereafter, each of the visiting Consultants gave a brief on their specific assignments with respect to the project. • Dr. Damilola and Mrs. Mary Bishop on Labour policy issues, Gender and Vulnerable group and GBV; • Prof Agwu Ekwe spoke on the Resettlement Policy Framework; • Barr, Ihuoma Igbanigbor spoke on the Stakeholders Engagement Policy Framework; and RESETTLEMENT FRAMEWORK 9.0 Questions/ • Ibrahim Umar PC NEWMAP Sokoto SPMU gave the general status of Answers/ the SPMU with respect to the NEWMAP Project implementation, Comments/ capacity of their staff and available resources on ground for the project. Contributions He lamented that e delay in getting approvals from World Bank hinders the speedy project implementation in NEWMAP and therefore requested that strategies should be in place to resolves such scenarios in ACReSAL for the project to be implemented successfully without unnecessary delays. He assured the consultants of the readiness to support the incoming project in the state. Each of the consultants mentioned what they would require to know from NEWMAP staff and other Stakeholders in the State as follows: • Prof Agwu Ekwe Agwu- Resettlement Policy Framework: He wants information on laws, compensation, economic trees, land use, right to land, land acquisition, handling resettlement issues, land conflicts, rights of women, farmer-herder issues, vulnerable group, policies/legal frame work, security challenges and effects in the State • Barr Ihuoma Igbinigbor – Stakeholders Management Plan. She emphasized on consultation and engagement with stakeholders, and requires information on grievance redress mechanisms, challenges faced, resolved • Mary Bishop - Gender and Sexual Based Violence. She wants data on Law/ penalties for gender-based violence. • Damilola Adeshina - Labour Management Plan. He wants information on Recruitment procedure and labour laws in the State. 10.0 Closing/ The meeting was adjourned by 10:12am Eighteen (18) participants attended Adjournment the meeting (number of participants on the attendance sheet) Annex 5b: Minutes of the Meeting with Sokoto State Top Government Officials and NEWMAP SPMU Held at the Deputy Governor’s Conference Room, Cabinet Office, Sokoto on 25th January 2021 At 11:00 am RESETTLEMENT FRAMEWORK S/N AGENDA DESCRIPTION 1.0 Date 25th January 2021 2.0 Time 9am – 2pm 3.0 Language of English and Hausa Communication 4.0 Attendance Alh. Ibrahim Umar the PC Sokoto NEWMAP, Project Officers of the SPMU and visiting consultants as indicated in the attendance sheet. 5.0 Opening The Christian and Muslim Prayers were recited by volunteers. Prayer 6.0 Agenda Current status with necessary NEWMAP officers Concerns relating to effectiveness and adaptability from NEWMAP to ACReSAL Questions and Answers session 7.0 Opening Ibrahim Umar NEWMAP Sokoto SPMU welcomed all the participants at the Remarks meeting; he also introduced all his staff in Sokoto state NEWMAP SPMU to the consultants. 8.0 Consultant’s o The consultant gave a general overview of the ACReSAL Project that Speech involves how to increase the adoption of climate resilient landscape management practices and livelihoods in targeted arid/semi-arid watersheds in Northern Nigeria. He mentioned how the project will give emphasis on desertification, drought, and Flood control and watershed management practice in Northern Nigeria. He gave a general description how some MDAs will be relevant to the project implementation and what are expected of them. o Each of the visiting Consultants gave a brief on their specific assignments with respect to the project: o Prof. , Dr. Damilola spoke on the Labour Policy Framework with Mrs. Mary Bishop on Gender Based Violence issues, while Prof Agwu Ekwe spoke on the Resettlement Policy Framework, Barr, Ihuoma Igbanigbor spoke on the Stakeholders engagement Policy Framework 9.0 Questions/ • Mallam Mu’azu Madawaki Permanent Secretary Ministry of Environment Answers/ requested for a guiding template from the Consultants that will guide the Comments/ respective MDAs on the specific issues and areas of interest by the Contributions consultants to be given to the staff of those MDAs for detailed inputs. He also lamented on the delays with approval from the World Bank that hinders speedy implementation in the NEWMAP Project in the State. He therefore urged the consultants to pass this concern to the appropriate quarters and ensure that, this is not repeated during the ACReSAL project in order to have a successful and speedy project implementation. Prof. • Agwu Ekwe spoke on the Resettlement Policy Framework and emphasized that his work will be centred on issues concerning displacement and compensations activities, likely PAPs and impacts of the project on PAPs and other vulnerable groups, etc. • Aliyu Tureta Director Animal services Ministry for Agric, Sokoto State expressed happiness with the incoming ACReSAL Project as it is coming at the right time in the right direction considering the drought and RESETTLEMENT FRAMEWORK desertification issues facing the States in Northern Nigeria especially Sokoto State. He called on the consultants to help draw a policy that will curtail and minimize indiscriminate cutting down of trees for firewood purposes as it is the root cause for drought and desertification. He mentioned some of the activities being currently undertaken under his Ministry like Fadama III Project, USAID projects, IFAD, OCP Africa in the areas of Agro-climatic resilience in the state such as using drought resistant seed varieties, agro support inputs, etc. • The PC Sokoto NEWMAP suggested that the discussion should be segmented based on the areas to be covered by each consultant in order to make area-specific inputs. He also reiterated the need to speed up process of approval by the World Bank in order to fast-track project implementation in the State. • The Commissioner for Environment suggested that a template be sent to each of the respective MDAs to guide them to make informed and specific inputs. • Dr. Nasiru from Department of Animal health suggested that waste from abattoirs should be captured under animal waste management policy discussion. • Malam Mu’azu from Ministry for Water Resources asked specifically on how ACReSAL project is relevant to his ministry. In response to this question, Dr. Odili Ojukwu responded that all water resources such as Rivers, Dams, Lakes etc., which are meant for agricultural purposes such as irrigation, fisheries, etc., will be relevant in the project. • Musa Dikko Director Planning and Statistics Ministry for Environment expressed readiness to support the project and how a community sensitization is already on-going to sensitize people on the use of alternative energy sources in place of firewood. 10.0 Closing/ The meeting was concluded at 1:47pm with closing prayers by volunteers. Forty- Adjournment nine (49) participants attended the meeting Annex 5c: Minutes of the between Niger State NEWMAP SPMU and Consultants on ACReSAL Project Held at NEWMAP Conference Room, Minna on 27th January 2021 at 8.20 am S/N AGENDA DESCRIPTION 1.0 Date 27th January 2021 2.0 Time 8.20am RESETTLEMENT FRAMEWORK 3.0 Language of English and Hausa Communication 4.0 Attendance Safeguards Consultants and NEWMAP SPMU staff – see attendance for details 5.0 Opening The Christian and Muslim Prayers were recited by volunteers. Prayer 6.0 Agenda i. Provide General Overview of ACRESAL Project ii. Seek Challenges from SPMU with NEWMAP Implementation in Niger State iii. Questions and Answers 7.0 Opening The project coordinator (PC) Niger State NEWMAP, Alhaji Usman Garba Ibeto, Remarks welcomed the consultants to the meeting. This was followed by the introduction of the NEWMAP SPMU staff in attendance. 8.0 Consultant’s • The consultant gave a general overview of the ACRESAL project. According Speech to him, NEWMAP is winding up in June and would be replaced by ACRESAL project. ACRESAL project is a way of increasing Agricultural and Climatic resilience in Northern Nigeria with the view of improving food production, reducing global warming, improve livelihood and reduce poverty. He mentioned that 19 States of the Northern Nigeria may benefit from the Project, 5 of these states were selected for initial stakeholders’ consultations. The selection criteria were based on accessibility, security, agro cluster and climatic influence. The States selected were Sokoto, Niger, Nasarawa, Gombe and Kano. • He also introduced the Safeguards Consultants that are part of the visit and consultation efforts as follows: • Prof Agwu Ekwe Agwu – Resettlement Expert • Barr Ihuoma Igbanigbor – Stakeholders Engagement Expert • Mary Bishop - Gender Based Violence Expert • Dr Damilola Adeshina - Labour Management Expert 9.0 Questions/ The Consultants further encouraged NEWMAP SPMU to state the challenges Answers/ they may have encountered with NEWMAP implementation in the state. These Comments/ challenges will be taken into consideration and addressed in the development Contributions of the safeguard’s instruments associated with the ACRESAL project. In his response Alhaji Usman Garba Ibeto, Niger State NEWMAP Project Coordinator stated challenges the State faced regarding their operations in the State as follows: • Delays in clearance and no objection from World Bank in the areas of designs • Need for support staff • Non provision and attendance of training of NEWMAP staff [capacity building/institutional training]. Training should be both general and based on area of specialization. • Review/performance allowance for NEWMAP staff • Interference from Government officials especially in the areas of staff recruitment Each of the other consultants mentioned what they would require to know from NEWMAP staff and other Stakeholders in the State as follows: • Prof Agwu Ekwe Agwu- Resettlement Policy Framework: He wants information on laws, compensation, economic trees, land use, right to RESETTLEMENT FRAMEWORK land, land acquisition, handling resettlement issues, land conflicts, rights of women, farmer-herder issues, vulnerable group, policies/legal frame work, security challenges and effects in the State • Barr Ihuoma Igbinigbor – Stakeholders Management Plan. She emphasized on consultation and engagement with stakeholders, and requires information on grievance redress mechanisms, challenges faced, resolved • Mary Bishop - Gender and Sexual Based Violence. She wants data on Law/ penalties for gender-based violence • Dr Damilola Adeshina - Labour Management Plan. He wants information on Recruitment procedure and labour laws in the State. Dr Odili Ojukwu further solicited for the support of NEWMAP SPMU staff so as to get all the information required by the consultants for robust safeguards reports. He further stated that all the issues raised by the PC and other NEWMAP SMPU staff will be considered accordingly and appropriately to avoid a repeat on the ACRESAL Project. Alhaji Usman Garba Ibeto also promised to support the consultants by ensuring the documents and information required for their complete reports from appropriate quarters are obtained within 24 hours 10.0 Closing/ The meeting ended at 9:45 am, with a closing prayer offered by Miss Chinelo Adjournment Umeokafor Annex 5d: Minutes of the Meeting with Niger State Top Government Officials and NEWMAP SPMU Held at the Legbo Kutigi Conference Room, Minna on 27th January 2021 at 10:15 am S/N AGENDA DESCRIPTION 1.0 Date 27th January 2021 2.0 Time 10.15am 3.0 Language of English and Hausa Communication 4.0 Attendance See attendance list for details 5.0 Opening Prayer The Christian and Muslim Prayers were recited by volunteers. 6.0 Agenda i. Presentation of General Overview of ACRESAL Project ii. Seek Information from Stakeholders on Possible Project Impacts, Challenges and Constraints with ACRESAL Project Implementation in Niger State RESETTLEMENT FRAMEWORK iii. Questions and Answers 7.0 Opening The Permanent Secretary of the Ministry of Environment and Forestry Remarks (Engineer Lucky Shekonago) representing the Commissioner of Environment welcomed the Safeguards Consultants and all the Stakeholders present. 8.0 Consultant’s The consultant gave an overview of the ACRESAL project. He stated that Speech ACRESAL is a new project being considered for Northern States and designed as an extension of NEWMAP. It is a community-based project that will change socioeconomic position of project States, standard of living and overall wellbeing of the project communities. He added that the Project will address desertification and remedying of the degraded landscapes in participating States, as well as improve the quality of lives and reduce poverty. It is a multi-sectorial project and will ensure sustainability by engaging the community/grass root for ownership. He stated that safeguards clearance is essential by World Bank before a new project is approved. Thus, before engaging in any project, the issues affecting the environment and the people must be effectively. The Consultant therefore stated that the essence of the meeting was to explain the ACRESAL project to the stakeholders and solicit their feedback on how the project can affect them, ask questions concerning impacts, and any feedback is welcomed 9.0 Questions/ Permanent Secretary Ministry of Finance (Alhaji Akilu) asked if the Proposed Answers/ project is a Grant or Credit for the State and what is the expected counterpart Comments/ contribution. Contributions He also advised that the Project should involve Traditional Council and people living with disabilities Andrew Jagaba: Promised to provide support in term of enactment of laws pertaining to the Environment Alhassan Umar Ministry of Agriculture and Rural Development said Ministry of Livestock should be involved. He stated that there are laws addressing agrochemicals, policies, on water, land and air management and would be made available to the consultants. Yahaya Suleiman: Head of Service said Erosion issues is widespread in the State especially in Zungeru as a result of Hydro Dam construction Project. He promised to provide support regarding data relating to Labour Procedure management plan and the supply of labour needed. Aminu Liman of Civil Service Commission made a commitment to give information regarding Labour engagement in the State Mrs Hasana Harba from ADP is concerned with deforestation. She stated that provision of alternative energy source in the State will address deforestation Mr. Oliver climate change officer in SPMU sees climate change as a distinct sector in ACReSAL. Mr. Philemon Danladi from Ministry of Water Resources called for the need to address unemployment to stop illegal mining, establishment of institution to educate farmers on waste disposal regulations, regulate the use of water and drilling of borehole Perm Sec Ministry of Environment and Forestry (Engineer Lucky Shekonago): expressed the need for the use of Domestic Renewable Energy Technology. Adisa Musa Women leader wanted women and children to be carried along in the project. Suleiman Yahaya from Head of Service: advised the Project Consultant to work with the existing structure already in place for effectiveness and urged RESETTLEMENT FRAMEWORK the community to participate in the project actively in terms of manpower and assistance. . Alhaji Suleiman Garba Ibeto PC, NEWMAP said duplication of projects should be avoided during implementation and schedule of duty should be clearly spell out for the Climate change officer and Natural resources officer. Adamu Garba Ministry of Agriculture said that there are existing structures in the Ministry regarding farmers’ group such as REVAMP, SUFON, Women in Agriculture and that Project desk officer are already in place for the value commodity crops e.g. rice, cashew. Eng Adamu Athama State from Ministry of Water resources called for the for corporate management, sewage management plan provision of PPE; and synergy between ministry and communities. He also called for the need for new policies on water sanitation and hygiene development to check leakages. Isa Mohammed HOD Environmental and climate change advised on the provision of rural electrification project to improve the livelihood of the community, development of renewable energy, afforestation programs, and alternative source of energy to discourage deforestation. He pointed out the use of animal waste and methane emission as alternative source of energy to reduce GHGs emission. Mohammed Abdulkabir Shaaba Niger State Planning Commission said that the project can be mainstreamed by developing documents and make them available to consultants. Mainstream the project by developing policy documents and make available to the consultants Jubril from Ministry of Land and Housing promised to offer support to get relevant information relating to land acquisition, and rates of compensation, and site selection. Responses to the Inputs: In his response, the Consultant said 700 million dollar funding is proposed for the project by the World Bank. Negotiations regarding costs are still expected between the World Bank, the Federal Government and the States. Additionally, eligibility of states will be determine by the following: 1. The State must set aside one million dollars for the project. 2. The State must prepare a commitment plan in the things they need to do as the project proceeds; and 3. State must commit to a resettlement action plan – compensation and grievance redress mechanism He also appreciated the suggestions from the stakeholders and also promised to include their suggestions in the report by the consultants. 10.0 Closing/ The meeting closed at 1:15 pm with a closing prayer by a volunteer. Adjournment RESETTLEMENT FRAMEWORK Annex 5e: Minutes of the Meeting between Nasarawa State NEWMAP SPMU and Consultants on ACReSAL Project, Held at Ta’al Conference Hotel, Lafia, Nasarawa State, 29th January 2021 S/N AGENDA DESCRIPTION 1.0 Date 29th January 2021 2.0 Time 7.40am 3.0 Language of English and Hausa Communication 4.0 Attendance Safeguards Consultants and NEWMAP SPMU staff – see attendance for details 5.0 Opening The Christian and Muslim Prayers were recited by volunteers. Prayer 6.0 Agenda i. Provide General Overview of ACRESAL Project ii. Seek Challenges from SPMU with NEWMAP Implementation in Niger State iii. Questions and Answers 7.0 Opening The project coordinator (PC) Nasarawa State NEWMAP, Mr Kwakaha Remarks Johnathan, welcomed the consultants to the meeting. The NEWMAP SPMU staff and the consultants were given the opportunity to introduce themselves. The following ACRESAL consultants were in attendance: 8.0 Consultant’s The consultant gave an overview of the ACRESAL project. In his remark, the Speech Consultant stated that NEWMAP winds down in June and will be replaced by ACRESAL. The NEWMAP structure at both the federal and state levels (FPMU and SPMU) will be retained for ACRESAL project. Hopefully, Nasarawa and other 18 States will be a recipient of ACRESAL projects. The meetings with the SPMU and stakeholder’s engagement are being held so as to have a solid framework for safeguards compilation. The target audience for the consultation engagement are the decision makers in the State. The Consultant also emphasized the need for SPMU staff to indicate areas of challenges with NEWMAP implementation so as to prevent a carry over to the ACRESAL Project. Each of the consultants were given the opportunity to state what they require from NEWMAP SPMU staff in order to get an all-encompassing and robust report. RESETTLEMENT FRAMEWORK 9.0 Questions/ In his response, the PC (Mr Kwakaha Johnathan) noted that Climatic change Answers/ has affected the North generally. Therefore, the North will benefit immensely Comments/ from ACRESAL project. Furthermore, he mentioned some hiccups they Contributions experienced with NEWMAP, which include: • Delay in Bank (No objections) approval of engineering designs. • Accommodation problem • Latent issues regarding political interference • No prompt response from Bank to mails, and recruitment advise, • Poor allowances • Understaffing • No time frame for work to be executed. Activities should be time based Dr Damilola Adeshina asked the PC what projects they might consider if ACRESAL is approved for the state. The PC stated that if ACRESAL is approved, they might consider the following projects: • Watershed management Project • Development of supplements for ruminant animal and other livestock • Development of organic fertilizers and crop resistant seeds • Provision of Transportation – tricycles for the community • Sensitization on trees planting Dr Degree Umar noted that • The use of FONGO has helped in project management and improved management expectations • No case of GBV/GRM has been reported Mrs Sa’adatu Akwe added that • M7E baseline survey consultant was engaged, draft report was submitted • Community members of the affected sites were well sensitized and cooperating Jibrin Mairiga emphasized that • Head of Departments and staff on the project should be trained on due process regarding the project. Bartholomew B. Odeh (SLO) said that: • The social and livelihood activities is in progress and there are mutual undertakings between focal NGO and the affected communities through sensitization and mobilization to create awareness on project implementation. • On the case of GBV no such case has been reported for now because of the activities of FONGO in the communities • The focal NGO are performing their roles as expected by liaising and reporting to SLO by updating their activities to SPMU. 10.0 Closing In his response, the Consultant noted that the issues raised will be properly Remarks addressed. He also thanked everyone for their contributions The PC promised to support the consultant to get all the information and documents needed for their report 11.0 Closing/ The meeting ended at 8:45 am Adjournment RESETTLEMENT FRAMEWORK Annex 5f: Minutes of the Meeting with Nasarawa State Top Government Officials and NEWMAP SPMU, Held at Ta’al Conference Hotel, Lafia, Nasarawa State on 29th January 2021 S/N AGENDA DESCRIPTION 1.0 Date 29th January 2021 2.0 Time 11.00am 3.0 Language of English and Hausa Communication 4.0 Attendance Safeguards Consultants and NEWMAP SPMU staff – see attendance for details 5.0 Opening The Christian and Muslim Prayers were recited by volunteers. Prayer 6.0 Agenda i. Provide General Overview of ACRESAL Project ii. Seek Challenges from SPMU with NEWMAP Implementation in Niger State iii. Questions and Answers 7.0 Opening The project coordinator (PC) Nasarawa State NEWMAP, Mr Kwakaha Remarks Johnathan, welcomed the consultants to the meeting. The NEWMAP SPMU staff and the consultants were given the opportunity to introduce themselves. The following ACRESAL consultants were in attendance: 8.0 Consultant’s The consultant gave an overview of the ACRESAL project. In his remark, Dr Speech Ojukwu stated that NEWMAP winds down in June and will be replaced by ACRESAL. The NEWMAP structure at both the federal and state levels (FPMU and SPMU) will be retained for ACRESAL project. Hopefully, Nasarawa and other 18 States will be a recipient of ACRESAL projects. The meetings with the SPMU and stakeholder’s engagement are being held so as to have a solid framework for safeguards compilation. The target audience for the consultation engagement are the decision makers in the State. The Consultant also emphasized the need for SPMU staff to indicate areas of challenges with NEWMAP implementation so as to prevent a carry over to the ACRESAL Project. Each of the consultants were given the opportunity to state what they require from NEWMAP SPMU staff in order to get an all-encompassing and robust report. 9.0 Questions/ The Commissioner for Environment - Mr Musa Ibrahim Abubakar asked the Answers/ following questions: Comments/ 1. How would RED Plus and NEWMAP be reconciled with ACRESAL, will Contributions it not create a clash of interest? 2. Would the structure of SPMU be maintained or will ACRESAL usher in new staff entirely? The Commissioner for Land Prof Salisu Ali-Zanga said RESETTLEMENT FRAMEWORK 1. Nasarawa has the third largest land availability for farmers in the country. 2. The climate and the terrain in Nasarawa are favourable for farming. 3. The land owners have a good relationship with the government. 4. The Ministry operates by engaging in advocacy contact with the traditional, political and religious leaders before land acquisition. 5. Rates are available for land charges. Available rates are in A, B and C categories. He promised the Ministry will make the rates available for the consultants. Asibi Omeri Agabo, MNI, ED of the Source of Hope Foundation emphasized the followings: 1. Ministry of women affair is key. 2. The project should encourage women’s participation and children friendliness. 3. The program should encourage income generation via large scale livestock production. Also, according to Bashir Mohammed Umar The program should capture fishermen. This is due to effects of water pollution. Daud Galdima stated that: The resettlement program should ensure moving the affected people into a well-defined structures and provision of adequate funds for people being resettled. Atinuke Cemmang – Director Climate change MENR emphasized the need for Sensitization on issues pertaining to deforestation and its effects on ozone layer depletion as well as climate change. Peter A. Esla, Chairman Borehole Drillers Association said that there is need to: Ensure boreholes are drilled by expert and let the community ensure maintenance of their boreholes. Hannatu David Luka emphasized the need to: Ensure communicating with community in their native language. Responses to the Inputs: In his response, the consultant commended the effort made by the State to rid the environment of impurities and this is what ACReSAL stands for. He noted that with the way ACReSAL will be ran, there would be no clash of interest with all the stakeholders and the structure of NEWMAP SPMU will be maintained for States already on the NEWMAP projects. He added that women, vulnerable groups and people with disabilities will be adequately represented in ACReSAL projects. Dr Ojukwu and Prof Abdulahi Namakka also commented that the program will also capture fishermen who depend on the water as a source of their livelihood. In his response to Hannatu David Luka, Dr Ojukwu said the services of the language experts like Gambo Abdulahi would be used so as to communicate effectively with the local community and that all the inputs are noted and will be considered for incorporation into the reports. RESETTLEMENT FRAMEWORK The consultants also addressed all the questions and comments from the Commissioners, Directors and Permanent Secretaries and from the SPMU. 10.0 Closing In his response, the Consultant noted that the issues raised by the different Remarks stakeholders will be properly addressed. He also thanked everyone for their contributions. The PC promised to support the consultants to get all the information and documents needed for their report. 11.0 Closing/ The meeting ended at 2.00pm. Adjournment Annex 5g: Minutes of the Meeting between Kano State NEWMAP SPMU and Consultants on ACReSAL Held at NEWMAP Office Conference Room, Kano on 1st February 2021 at 8:00 am RESETTLEMENT FRAMEWORK S/N AGENDA DESCRIPTION 1.0 Date 1st February 2021 2.0 Time 8.00am 3.0 Language of English and Hausa Communication 4.0 Attendance In attendance was Alh Ahmad Shuaibu the PC Kano NEWMAP, officers of the SPMU and visiting Consultants as indicated in the attendance sheet for the meeting. 5.0 Opening Prayer The Christian and Muslim Prayers were recited by volunteers. 6.0 Agenda i. Current status with necessary NEWMAP officers ii. Provide General Overview of ACRESAL Project iii. Seek Challenges from SPMU with NEWMAP Implementation in Niger State iv. Questions and Answers 7.0 Opening Remarks Alhaji Ahmad Shu’aibu NEWMAP Kano SPMU welcomed all the participants at the meeting; he also introduced all the consultants and their mission in Kano state. He then asked all the participants to introduce themselves starting with visiting consultants followed by Kano NEWMAP SPMU staff. 8.0 Consultant’s The consultant gave a general overview of the ACReSAL Project that Speech involves how to increase the adoption of climate resilient landscape management practices and livelihoods in targeted arid/semi-arid watersheds in Northern Nigeria. He mentioned how the project will give emphasis on control of desertification, drought, and flood control and watershed management practice in Northern Nigeria. He gave a general description on how some MDAs will be relevant to the project implementation and what are expected of them. Each of the visiting Consultants gave a brief on their specific assignments with respect to the project. Mrs. Mary Bishop talked on Labour policy issues, Gender and Vulnerable Group and GBV, while Prof Agwu Ekwe spoke on the Resettlement Policy Framework, Barr, Ihuoma Igbanigbor spoke on the Stakeholders engagement 9.0 Questions/ i. Alh. Shuaibu PC NEWMAP Kano SPMU gave the general status of Answers/ Kano SPMU with respect to the NEWMAP Project implementation, their Comments/ staff and available resources on ground for the project. He explained Contributions that delays in getting approvals from World Bank hinders the speedy project implementation of NEWMAP and advised that strategies should be in place to resolves such scenarios in ACReSAL for the project to be implemented successfully without unnecessary delays. ii. Malam Mukhtar the Environmental Safeguards officer reiterated the need to design mechanisms that will ensure speedy project implementation in ACReSAL to avoid the hiccups with approvals from World Bank that were experienced in NEWMAP. iii. Salisu Muhammad Procurement Officer also called on the consultants to ensure policy documents to be developed captured procurement RESETTLEMENT FRAMEWORK issues that will speed up project implementation and addressed issues of funding in basket for all participating states to grab by WB instead in an envelope allocated exclusively for each participating state. iv. Ms Zainab Ja’afar Baba Livelihood Officer of the SPMU called on the consultants to ensure they addressed challenges experienced in the implementation of NEWMAP project to avoid reoccurrence in ACReSAL project. v. Engr. Buhari the Project engineer for the Kano SPMU called on the consultants to address issues of unnecessary delays of approval from the World Bank. 10.0 Closing/ The meeting was concluded at 10:50am with closing prayers by volunteers Adjournment Annex 5h: Minutes of the Meeting with Kano State Top Government and NEWMAP SPMU, Held at Ta’al Conference Hotel Kano State on 1st February 2021 S/N AGENDA DESCRIPTION 1.0 Date 1st February 2021 2.0 Time 11.00am 3.0 Language of English and Hausa Communication RESETTLEMENT FRAMEWORK 4.0 Attendance In attendance were Dr. Kabiru Ibrahim Getso Hon. Commissioner for Environment Kano State, Malama Zahra’u Umar Hon Commissioner for Women Affairs, Permanent Secretaries, Heads of Departments, agencies, of all relevant ministries such as Environment, Water resources, Agriculture, Land and Housing, Animal Health, Works, Local government and rural development, Finance, CSOs/CBOs/NGOs, visiting consultants etc. 5.0 Opening Prayer The Christian and Muslim Prayers were recited by volunteers. 6.0 Agenda i. Current Projects implementation structures (in contributing MDAs – Environment, Agriculture, Lands and housing, Works, Women Affairs, Water Resources, Animal Health and Livestock, Information, Local government and Rural Development) ii. Applicable Relevant and Appropriate Requirements (ARARs) (particularly for Environment, Agriculture, Land, Water resources and social Issues) iii. Concerns relating to ACReSAL at two levels among contributing MDAs: a. Level I: MDAs Concerns on the project b. Level II: Concerns of Communities relating to State/FGN project implementation methods. 7.0 Opening Remarks Dr. Kabiru Ibrahim Getso Hon. Commissioner for Environment Kano State welcomed all the participants at the meeting; he also introduced all the consultants and their mission in Kano state. He then asked all the participants to introduce themselves starting with visiting consultants followed by other stakeholders at the meeting. 8.0 Consultant’s The consultant gave a general overview of the ACReSAL Project that Speech involves how to increase the adoption of climate resilient landscape management practices and livelihoods in targeted arid/semi-arid watersheds in Northern Nigeria. He mentioned how the project will give emphasis on desertification, drought, and flood control and watershed management practice in Northern Nigeria. He gave a general description how some MDAs will be relevant to the project implementation and what are expected of them. Each of the visiting Consultants gave a brief on their specific assignments with respect to the project. Mrs. Mary Bishop on Labour policy issues, Gender and Vulnerable Group and GBV; Prof. Agwu Ekwe spoke on the Resettlement Policy Framework and Bar., Ihuoma Igbanigbor spoke on the Stakeholders engagement Policy Framework. 9.0 Questions/ i. Permanent secretary Ministry of Agric kano state expressed his Answers/ happiness on the incoming ACReSAL project especially to Kano State Comments/ considering the desert encroachment faced by some parts of Kano Contributions State. He urged the consultants to do a thorough job that will ensure policy issues peculiar to Kano state are not left out in the draft of the ACReSAL project. ii. Malam Sani Abdu, Director Land matters enquired if the project would involve land acquisition? Prof. Agwu responded that it will that’s why he was there to ensure Kano state extant laws and policies with respect to land acquisition are reviewed in order to come up with a holistic and most suitable draft document with respect resettlement issues in the RESETTLEMENT FRAMEWORK project. He therefore assured the consulting team the readiness to support the exercise by making all relevant land acquisition laws and policies in the state available to the consultants. iii. Abba Adamu Takai, Director Pollution control, Kano state Ministry for Environment assured the consulting team their readiness to support the project by providing all relevant documents available in his ministry, like the draft Kano State Environmental Pollution and control Law, etc. iv. Dr. Saleh Garba Ahmad Director Planning and Monitoring Ministry of Environment assured the consultants his department is ready to provide all necessary support for the success of the exercise. v. Commissioner for Environment spoke on the need to address the challenges of delay in getting approvals from World Bank on projects like NEWMAP that hinders speedy project implementation. 10.0 Closing/ The meeting was concluded at 1:50pm with closing prayers by Adjournment volunteers. Forty-three (43) participants attended the meeting (insert the number on attendance sheet) Annex 5i: Minutes of the Meeting between Gombe State NEWMAP SPMU and Consultants on ACReSAL Held at Maidugu Palace Banquet Hall, Gombe on 5th February 2021 at 8:30 am S/N AGENDA DESCRIPTION 1.0 Date 5th February 2021 2.0 Time 8.00am 3.0 Language of English and Hausa Communication 4.0 Attendance Safeguards Consultants and NEWMAP SPMU staff – see attendance list for details 5.0 Opening Prayer Opening Prayer was said by Professor Mohammed Abdullahi. RESETTLEMENT FRAMEWORK 6.0 Agenda i. Current status with necessary NEWMAP officers ii. Provide General Overview of ACRESAL Project iii. Seek Challenges from SPMU with NEWMAP Implementation in Niger State iv. Questions and Answers 7.0 Opening Remarks The Project Coordinator (PC) Gombe State NEWMAP, Engr. Mohammed Garba, welcomed the consultants to the meeting. This was followed by the introduction of the NEWMAP SPMU staff in attendance. 8.0 Consultant’s The Consultant gave a general overview of the ACRESAL project. Speech According to him, NEWMAP is winding up in June and would be replaced by ACRESAL project. ACRESAL project is a way of increasing Agricultural and Climatic resilience in Northern Nigeria with the view of improving food production, reducing global warming, improve livelihood and reduce poverty. He mentioned that 19 States of the Northern Nigeria will benefit from the Project, 5 of these states were selected for initial stakeholders’ consultations. The selection criteria were based on accessibility, security, agro cluster and climatic influence. The States selected were Sokoto, Niger, Nasarawa, Gombe and Kano. He also introduced the Safeguards Consultants that are part of the visit and consultation efforts as follows: Dr Odili Ojukwu- Environmental and Social Management Framework - Prof Abdulahi Namakka - Animal Waste Management Plan Dr Usman Ibrahim - Integrated Pest Management Plan Prof Agwu Ekwe Agwu - Resettlement Policy Framework Barr Ihuoma Igbanigbor – Stakeholders Management Plan Mary Bishop - Gender and Sexual Based Violence Sarah Aloma- Labour Management Plan Dr Odili Ojukwu further encouraged NEWMAP SPMU to narrate the challenges they may have encountered with NEWMAP implementation in the state. These challenges will be taken into consideration and addressed in the development of the safeguards instruments associated with the ACRESAL project. 9.0 Questions/ In his response Engr. Mohammed Garba, Gombe State NEWMAP Project Answers/ Coordinator stated challenges the State faced regarding their operations in Comments/ the State as follows: Contributions i. Delays in clearance and no objection from World Bank in the areas of designs ii. Need for support staff iii. Non provision and attendance of training of NEWMAP staff [capacity building/institutional training]. Training should be both general and based on area of specialization. iv. Review/performance allowance for NEWMAP staff v. Interference from Government officials especially in the areas of staff recruitment Inputs From Other Consultants Each of the other consultants mentioned what they would require to know from NEWMAP staff and other Stakeholders in the State as follows: RESETTLEMENT FRAMEWORK • Dr Usman Ibrahim - Integrated Pest Management Plan, requires information regarding trainings on IPMP Legislations and IPM Laws and Regulations from Ministries of Agric and Health. • Prof Abdulahi Namakka - Animal Waste Management Plan. Needs information on General pests of livestocks, Pests and Diseases prevalent in Gombe state, management of pests and vet diseases, prevention/control, conventional control and local control methods, effects of control methods on the environment – air, land, water, capacity building. • Prof Agwu Ekwe Agwu- Resettlement Policy Framework: He wants information on laws, compensation, economic trees, land use, right to land, land acquisition, handling resettlement issues, land conflicts, rights of women, farmer-herder issues, vulnerable group, policies/legal frame work, security challenges and effects in the State. • Barr Ihuoma Igbinigbor – Stakeholders Management Plan. She emphasized on consultation and engagement with stakeholders, and requires information on Grievance Redress Mechanisms (GRM), challenges faced, resolved. • Mary Bishop - Gender and Sexual Based Violence. She wants data on Law/ penalties for gender based violence. • Sarah Aloma - Labour Management Plan. She wants information on Recruitment procedure and labour laws in the State. Responses: The consultants further solicited for the support of NEWMAP SPMU staff so as to get all the information required by the consultants for robust safeguards reports. They further stated that all the issues raised by the PC and other NEWMAP SMPU staff will be considered accordingly and appropriately to avoid a repeat on the ACRESAL Project. Engr. Mohammed Garba also promised to support the consultants by ensuring the documents and information required for their complete reports from appropriate Ministries are obtained within 24 hours 10.0 Closing The meeting ended at 9:15 am. Annex 5j: Minutes of Meeting with Gombe State Top Government and NEWMAP SPMU, held at the Maidugu Palace Banquet Hall, Gombe on 5th February 2021 at 9.45 am S/N AGENDA DESCRIPTION 1.0 Date 5th February 2021 2.0 Time The meeting started at 9:45 am 3.0 Language of English and Hausa Communication 4.0 Attendance Safeguards Consultants and NEWMAP SPMU staff – see attendance list for details 5.0 Opening Prayer Opening Prayer was said by Alhaji Suleiman Abdullahi 6.0 Agenda i. Current Projects implementation structures (in contributing MDAs – Environment, Agriculture, Lands and housing, Works, Women Affairs, Water Resources, Animal Health and Livestock, Information, Local government and Rural Development) RESETTLEMENT FRAMEWORK ii. Applicable Relevant and Appropriate Requirements (ARARs) (particularly for Environment, Agriculture, Land, Water resources and social Issues) iii. Concerns relating to ACReSAL at two levels among contributing MDAs: iv. Level I: MDAs Concerns on the project v. Level II: Concerns of Communities relating to State/FGN project implementation methods. 7.0 Opening / The Commissioner of Environment (Dr Hussaina Danjuma Goje) Welcome welcomed the Safeguards Consultants and all the Stakeholders Remarks present. 8.0 Consultant’s The Consultant gave an overview of the ACRESAL project. He stated that Speech ACRESAL is a new project being considered for Northern States and designed as an extension of NEWMAP. It is a community-based project that is expected to change the socioeconomic situation of project States, improve the standard of living and overall wellbeing of the project communities. The consultant added that the Project will address desertification and remedying of the degraded landscapes in participating States, as well as improve the quality of lives and reduce poverty. It is a multi-sectorial project and will ensure sustainability by engaging the community/grass root for ownership. He stated that safeguards clearance is essential by World Bank before a new project is approved. Thus, before engaging in any project, the issues affecting the environment and the people must be effectively considered. The consultant therefore stated that the essence of the meeting was to explain the ACRESAL project to the stakeholders and solicit their feedback on how the project can affect them, ask questions concerning impacts, and any feedback is welcome. RESETTLEMENT FRAMEWORK 9.0 Questions/ Inputs From Attendees: Answers/ • Commissioner of Environment (Dr Hussaina Danjuma Goje) asked if the Comments/ proposed project is a Grant or Credit for the State and what is the Contributions expected counterpart contribution. She also wants to know how the NEWMAP and ACReSAL project will be incorporated and the areas ACReSAL is looking at. • Barrister Obel Yaji: pleaded for more time in order to provide required information and documents that were required by the Consultants concerning the Agricultural Sector. • Aminu Babayo: wants to know if there would be any documents distributed to the stakeholders to enable them go through them, so as to provide necessary information. • Jidda David: wants to know if the project will enhance the fish farmers being a sector in the Ministry of Agriculture, to aid the fish farmers in the labour market. • Bima S. Umar: asked if there's any component that has to do with alternative source of energy. • Mohammed Dantata: suggested if women groups and some cooperatives can be empowered with skills, like the production of charcoal from the rural areas, so as to reduce forest desertification. Responses to the Inputs: In his response, the Consultant said that 700 million dollar funding is proposed for the project by the World Bank. Negotiations regarding costs are still expected between the World Bank, the Federal Government and the States. Additionally, States qualification for the project will include the following: 1. The State must set aside one Million dollars for the project 2. The State must prepare a commitment plan in the things they need to do as the project proceeds 3. State must commit to a resettlement action plan – compensation and grievance redress mechanism 4. The State must address the Security/Conflict Situation 5. Formation of Interim multi-sectoral State Project Management Unit (SPMU) 6. Provision of office space for the SPMU The consultants also appreciated the suggestions from the stakeholders and also promised to include their suggestions in the report by the consultants. 10.0 Closing The meeting closed at 12:30 pm with a closing prayer. ANNEX 6 SUMMARY OF STAKEHOLDERS CONSULTATION MEETINGS ON GENDER BASED VIOLENCE RESETTLEMENT FRAMEWORK Representatives SPMU, Commissioner for Ministry of Women Affairs, Director of Women Dev, NGOs, of Stakeholders CSOs, NLC, Women Leaders, Farmers Associations, Local Government Representative. Dates 25th January, 2021 29th January, 2021 1st February, 2021 2nd February, 2021 5th February, 2021 Time 11a.m-1pm Venues of each meetings and Dates Deputy Governor’s Conference Room, Cabinet Office, Sokoto, Sokoto State on 25th January 2021 Legbo Kutigi Conference Room, Minna, Niger State on 27th January 2021 TA’AL Conference Hotel, Lafia, Nasarawa State on 29th January 2021 Ten – by – Ten Restaurant Conference Room Kano, Kano State on 1st February 2021 Maidugu Guest Palace GRA Gombe, Gombe State, 5th February 2021 Mode of Communication English Language and Hausa Summary of matters discussed at Focused Group Discussions Opening remarks The purpose of the stakeholders meeting was introduced to the Lead Consultant, who took time in explaining the Project, the instrument to be prepared by different consultants and reasons for the Stakeholders consultation. A separate consultation was held with women A separate consultation was held with women in a safe in a safe space environment by the GBV space environment by the GBV consultant, collaboratively consultant, collaboratively exploring different exploring different GBV risks and mitigatory measures on GBV risks and mitigatory measures on previous and proposed project. previous and proposed project. NO ISSUES/ SOKOTO NASARAWA NIGER KANO GOMBE RESPONSE CONCERNS 1. Risk of Labor Labor influx Projects also Presence The state Displaceme • Labor influx influx and child and child faces the of Almajiri records the nt of families must be Labor Labor risk is risk of child children in highest and children minimized by anticipated labor the state amount of as a result of engaging the from shared because the who are out out of insurgency services of experience state is of school school has led to the locals of past grappling and have children tripling of within the projects. with influx of resulted in and child child headed community However, Almajiri street headed household, • Awareness on children from begging households street raising, NEWMAP nearby tend to . They begging, trainings, project this states and come would view child labor. capacity has not displacemen around this project These building, been t of children project as an children are prevention experience from IDPs sites. avenue to soft targeted education, d because camps for sensitization RESETTLEMENT FRAMEWORK project site work and radicalizatio activities and is located in earn money n, violence strengthenin an urban and g of existing area. Since Women exploitation. community- the project marry early based sites are yet and hence Previous organization to be they have projects • collaboration identified small make use of with rural areas children these community are filled who are not children on leaders, with child eligible to sites in women and headed work on attempt to contractors households project site. support educating , orphans. However, them them against they financially the use child continue instead of labor on the push their begging project children to • Contractors work will liaise with community to attest the age of conduct of all local hires, and maintain a list of same. 2. Insecurity Insecurity Since this Recently No issues Despite • Partnering Challenge challenge project is insecurity of ongoing with the differs from centered on challenge insecurity awareness locals for agriculture in the state however of GBV in amongst security how would has there is the state, community. security become an presence of Rape of information Women and challenge be issue. miscreants minors, early • Seek advice young girls tackled Young Girls and local marriage is on safest tend to be because and women thieves who still on the and best the victims women are are not safe can steal or increase. routes to mostly rape afraid to go to move vandalize Victims do usage to their about equipment, not speak up from farmer farms from and or come • Engage headers fear of being agricultural forward security attacks and attacked. products. because of personnel bandits on Notably deeply when the their farm women do seated need arises not work distrust land • Alternate Schools are directly with stigmatizatio n and safe route located in would be RESETTLEMENT FRAMEWORK distant men on the abandonme provided for areas, same farm. nt road users working on the roads would be inconvenie ncing for road users particularly elderly and children 3. Lack of GBV cases Uncoordina Weak In Gombe, • GBV capacity of The are not well ted Multi- referral link there exists mapping institutions to community handled Sectoral exists a clear with clearly handle GBV has just one despite the Referral amongst functional documented issues Shelter for presence of Mechanism service referral referral survivors NGOs. The . providers. pathway in pathway serving the existing Although the state would be 19 local NGOs do While there are Women in provided government not render efforts are lots of rural • Capacity which is wide range made to NGOs in communities • Well overwhelm of services support and the state, may not be documented ed. for survivors protect survivors able to service Absence of victims of cannot their access GBV providers service sexual access services by would be providers violence services the state. available and victims, • Liaising with shelters for survivors of NGOs, survivors other forms CSOs of SGBV do • Safe ethical not enjoy consideratio similar n support and treatment. Services such psychosoci al support and shelters are not available 4. Sexual Vulnerable High Risk of From SEA/SH Measures • There would Exploitation women and SEA/SH previous has been must be put be an and Abuse/SH girls could during projects documente in place to accessible project change in be taken d from prevent functional because of power advantage the abject dynamics different project GRM for the poverty and distorted projects by workers from ACRESAL RESETTLEMENT FRAMEWORK of by project poor living family life project mingling with project with workers. condition balance as workers vulnerable multiple amongst partners and women channels of women and working on From contractors Project entry. This young girls projects get previous just to workers would be more projects, secure a should be made known money educated workers which space to to project and pre- end up empowers sell on community informed buying them to project sites members before goods from indulge in or during and project project alcohol women empowerm commencem workers. abuse and food ent. ent that • Mandatory multiple sex vendors on Unaccompa and frequent partners nied girls credits trainings for and which adolescents, project results to single heads workers and fights at the of community end of the households, members on day child GBV mothers, • Sensitization child spouses, and women and awareness girls living creation for with workers and disabilities community because of members socio- economic • Well difficulties experienced they would consultants do anything who to earn a understand living the including dynamics of going all out to look for culture and project norms as it workers. impacts on women and girls would be used during the projects • Signing of COCs with penalties for defaulters 5. Forced Labor There is a Low Risk but Low Risk Guardians Low Risk but • Contractors risk of project but project could project will ensure RESETTLEMENT FRAMEWORK involuntary should be on should be engage in should be on that no or the look out on the look their wards the look out forced labor compulsory out forced labor exists in the Labor, project by bonded labor or gathering similar documents Labor- and contracting appropriate arrangeme proof nt majorly •A consent from guardians section will be part of the employee signed employment contract. Contractors will ensure that if labor is sourced from any sub- contracting agency, the workers are not subject to coercion and forced labor conditions 6 Women are not Most Lack of Women are Consultants Women • Provision carried along consultant voice and not carried should go don’t show would be during project are representati along into the up and made where prejudiced on for communitie except for during speak up there would that women as s sourcing documentation northern men tend to projects for the during be quota for purposes. women hijack because women consultation employment don’t projects and everyone instead of because of both participates even when thinks giving the project gender on because of they are developme men to get consultants the projects their represented, them. This fail to ntal project understand • Continuous husbands, they is because has nothing the delicate consultation religion. indirectly the women Hence, they control the to do with are nature, they throughout are not assigned the women. coached by place the lifecycle consulted. women the men on women of the project Efforts representativ Secondly, what to say during particularly should be e consultatio and not say consultation for women made by ns should most times. s. They always fail to and young consultant be done in to reach out see that the girls RESETTLEMENT FRAMEWORK to the native cultural • On this women. language of pattern project the people arrogates women because more would be not all authority women are and powers carried along literate. to men in and would society the have a say, imbalance in with their the social representativ relations. es in any of Therefore, any the formed consultant committees working on • Project ACRESAL would project prevent should know staging of this women by beforehand, all going into stakeholders the ’ community consultation • Project s meeting would should be prevent held separate staging of between women by women and going into men if the he/she truly community wants to get • Existence of the best. a GRM to lay any grievances. 7. Other issues Women are Women are Women are Women are In some • We practice raised: free to own free to own free to own free to own communities prevention and inherit and inherit and inherit and inherit , most are and has put 1. Women are properties properties properties properties not allowed measure in disenfranchised the religion the religion the religion the religion to work by place that protects protects protects protects their such them in this them in this them in this them in this spouses occurrences 2. Who ensures regard. regard regard regard because of would not accountability of culture and happen on project workers? religion. the project. Often on Also, women These previous do not includes: How can projects, inherit lands • Training of workers be nobody from project reported for checkmates parents. workers on RESETTLEMENT FRAMEWORK any workers However, GBV, causes misconduct once the she can and s? project acquire one consequenc starts, and if she es even when pleases. • Signing a complains code of are made conduct to nothing is abide by the done zero tolerance of GBV on the project, with stiff penalties measures for defaulters • Open channels to access the GRM system and a GRM committee in place 8. Male Jealousy Men guard Low Risk as Marital Project Gombe • Project their wives this issue Jealousy workers records the would judiciously was not exists as may be highest sensitize and would raised men and perceived attack of workers to not want women are as threats violence in respect any project not allowed when they terms of cultures and worker to mingle come male norms of the mingling openly. around jealousy as land with their their wives. women are • Project women kept indoors would restrict fraternization between community members and workers Recommendations for ACReSAL 1) Integrate Gender Based Violence (GBV) risk management in project’s ESMP and Contractors’ ESMP (c-ESMP). 2) Inform project affected communities about GBV risks through a dedicated communications campaign 3) Conduct GBV service mapping in the project area for effective referral and response. This coordination will be aimed at minimizing duplication of efforts since these data already exist and fostering greater coherence of approaches and programmes RESETTLEMENT FRAMEWORK 4) Strengthen NEWMAP capacity to prevent and respond to GBV in the project 5) Hire a GBV specialist on the ACRESAL project 6) Define and reinforce GBV requirements in procurement processes and contracts 7) Separate toilet and shower facilities for men and women and add GBV-free signage at the project site 8) GBV risks must be evaluated and updated throughout the project life cycle 9) Training throughout the life cycle of the project, thus a Stakeholder Engagement Plan of the project should be drawn up 10) Create an effective GRM with multiple channels to initiate complaint. This should have specific procedures for GBV cases confidentiality reporting with safe and ethical documenting. A parallel GRM for substantial and High-risk projects can also be created for lodging complaints ANNEX 7 HARMONIZED COMPENSATION RATES FOR ECONOMIC TREES CROPS, STRUCTURES AND LAND AREA IN NORTH – WEST GEO-POLITICAL ZONE RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK Estimated Cost for Assets S/N Category Description Unit Rate (Naira) RESETTLEMENT FRAMEWORK 1 House Works onsite include the construction of bungalow Determined by Estate with modern finishing, mud house and zinc Surveyor and Civil batchers. Engineer valuation of quality and cost of materials including building land 2 Land Area Land to be valued in square meter N1,250/sqm 3 Economic The valuation will be based on the Harmonized Specific to each Trees Rates for Economic Trees and Cash Crops for economic tree as Compensation Assessment in the three (3) Geo- specified by the NTDF Political Zones and the Federal Capital Territory of Nigeria by National Technical Development Forum (NTDF) on Land Administration Estimated Cost for Materials Category Materials Unit Amount per House Asset (₦) 1 Zinc Sheet 2,160 2 Corrugated aluminum sheet (Cameroon zinc) Sheet 4,800 3 2 x 4 x 18 purlin Length 1,800 4 2 x 3 x18 purlin Length 1,080 5 2 x 2 x 18 purlin Length 840 6 1x12 x12 (Planks) Length 2,160 7 Bamboo Length 900 8 Un-plastered wall Square meter 4,200 9 Plastered wall Square meter 5,400 10 Painted wall Square meter 7,200 11 Concrete M^3 24,000 12 Wooden door Each 30,000 13 Wooden window Each 21,600 14 Zinc doors Each 7,800 15 Ceramic tiles Square meter 6,000 16 PVC tiles Square meter 3,000 17 Cemented floor Square meter 10,800 18 Concrete pillar Each 24,000 19 Excavated soil M^3 1,320 20 1.5 inch galvanized pipe Length 8,400 21 2.5 inch galvanized pipe Length 9,600 22 Metal door Each 42,000 23 Aluminum window 1.2 x 1.2 Each 32,000 24 Small Aluminum window 1.2 x.6 Each 26,000 25 Double iron gate Each 312,000 26 Small iron gate Each 96,000 27 Long span aluminum roofing sheet Square meter 5,400 28 Round mud house no door and windows 180,000 29 Round block house no door and windows 240,000 30 Zinc house Square meter 4,400 ANNEX 8 PHOTO GALLARY OF STAKEHOLDERS CONSULTATION MEETINGS HELD IN THE SOKOTO, NIGER, NASARAWA, KANO AND GOMBE STATES RESETTLEMENT FRAMEWORK Plate1: Stakeholders’ Consultation (with relevant MDAs, NEWMAP-SPMU, CSOs and Women groups) in Sokoto State for the proposed ACReSAL Project held on 25th January 2021 Plate 2: Meeting of Consultants with the NEWMAP-SPMU Niger State on the proposed ACReSAL Project RESETTLEMENT FRAMEWORK Plate 3: Stakeholders’ Consultation (with relevant MDAs, NEWMAP-SPMU, CSOs and Women groups) in Niger State for the proposed ACReSAL Project held on 27th January 2021 Plate 4: Meeting of Consultants with the NEWMAP-SPMU Nasarawa State on the proposed ACReSAL Project Plate 5: Stakeholders’ Consultation (with relevant MDAs, NEWMAP-SPMU, CSOs and Women groups in Nasarawa State for the proposed ACReSAL Project held on 29th January 2021 RESETTLEMENT FRAMEWORK Plate 6: Meeting of Consultants with the NEWMAP-SPMU Kano State proposed ACReSAL Project Plate 7: Stakeholders’ Consultation (with relevant MDAs, NEWMAP-SPMU, CSOs and Women groups in Kano State for the proposed ACReSAL Project held on 1st Februray 2021 RESETTLEMENT FRAMEWORK Plate 8: Meeting of Consultants with the NEWMAP-SPMU Gombe State on the proposed ACReSAL Project Plate 9: Stakeholders’ Consultation (with relevant MDAs, NEWMAP-SPMU, CSOs and Women groups in Gombe State for the proposed ACReSAL Project held on 5th Februray 2021 ANNEX 9 RESETTLEMENT FRAMEWORK SAMPLES OF LIST OF PARTICIPANTS AT THE STAKEHOLDERS’ CONSULTATION MEETINGS FOR THE PROPOSED ACRESAL PROJECT RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK RESETTLEMENT FRAMEWORK