(P170664) RESETTLEMENT POLICY FRAMEWORK (RPF) FOR Adolescent Girls Initiative Learning and Empowerment Project (AGILE) FINAL REPORT January 2020 Page | i TABLE OF CONTENTS LIST OF TABLES ......................................................................................................................... iv LIST OF FIGURES ....................................................................................................................... iv LIST OF PHOTOGRAGHS ............................................................................................................v LIST OF ABBREVIATIONS AND ACRONYMS ...................................................................... vi DEFINITIONS OF TERMS USED IN THE REPORT ............................................................... vii EXECUTIVE SUMMARY ........................................................................................................... ix CHAPTER ONE: PROJECT DESCRIPTION .............................................................................0 1.1 Project Description ............................................................................................................0 Component 1: Safe Accessible Learning Spaces .................................................................1 Component 2: Enabling Families, communities and schools to support girls’ education .......1 Component 3: System strengthening and learning agenda ......................................................2 1.2 Component for which an RPF is required .........................................................................2 1.3 Methodology employed during the preparation of the RPF ..............................................3 CHAPTER TWO: PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PLANNING .....................................................................................................................................4 2.1 Principles of Resettlement Planning .................................................................................4 2.2 Objective and Rationale for the Resettlement Policy Framework (RPF) .........................5 2.3 Specific Applications of the ESS 5 in relation to the Project ............................................5 CHAPTER THREE: ASSESSMENTS OF ESTIMATED POPULATION OF PROJECT AFFECTED PERSONS ...................................................................................................................7 3.1 Identification of Project Affected Persons ........................................................................7 3.2 Process for Identifying PAPs ............................................................................................7 3.3 Assessment of potential PAPs ...........................................................................................8 3.4 Potential Impact of the Project on Peoples, Assets and Livelihoods ................................0 CHAPTER FOUR: ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF DISPLACED PERSONS .................................................................................................................2 4.1 Categories of Affected persons .........................................................................................2 4.2 Cut-off Date.......................................................................................................................3 4.2.1 Methods to Determine Cut-Off Dates ........................................................................3 4.3 Eligibility Criteria .............................................................................................................3 Eligibility will also be assessed using the following information: ..............................................4 4.4 Non-Eligible PAPs ............................................................................................................4 4.5 Community Engagement ...................................................................................................4 CHAPTER FIVE: ASSESSMENT OF LEGAL FRAMEWORK BETWEEN THE BORROWER AND WORLD BANK POLICY ON RESETTLEMENT .......................................6 5.1 Land Ownership in Nigeria. ..............................................................................................6 5.2 Nigerian Legal/Institutional Guidelines and Requirements ..............................................6 5.2.1 Land Use Act of 1978 and Resettlement Procedures.................................................6 5.3 International Guidelines ....................................................................................................9 Page | ii 5.3.1 World Bank’s ESS 5 and the AGILE Project ............................................................9 5.4 Nigerian Law and World Bank’s ESS 5 on Compensation – A Comparison ...................9 CHAPTER SIX: METHODS OF ASSETS VALUATION AND COMPENSATION ...............12 6.1 Identification and Categorization of Loss and Impact .....................................................12 Compensation for loss of revenue derived from both formal and informal activities ...........13 6.2 Method of Valuation .......................................................................................................14 6.3 Basis of Valuation ...........................................................................................................15 6.4 Mechanism for Voluntary Donation of Land (VLD): Procedure and Records ...............19 CHAPTER SEVEN: ORGANISATIONAL PROCEDURES ......................................................21 7.1 Project Coordination and Management ...........................................................................21 7.2 Compensation Process.....................................................................................................21 7.3 Procedures for Delivery of Entitlements .........................................................................22 7.4 Relationship with the World Bank’s Gender Strategy ....................................................23 7.5 Source of Funds ...............................................................................................................23 CHAPTER EIGHT: GRIEVANCE REDRESS MECHANISMS ................................................24 8.1 Introduction .....................................................................................................................24 8.2 Expectation When Grievances Arise...............................................................................24 8.3 Grievance Redress Mechanism .......................................................................................25 8.4 Grievance redress process ...............................................................................................26 8.5 Management of Reported Grievances .............................................................................27 8.6 Grievance Log and Response Time ................................................................................28 CHAPTER NINE: ARRANGEMENTS FOR FUNDING RESETTLEMENT AND IMPLEMENTATION PROCESS .................................................................................................29 9.1 Costs, Budgeting, and Financing ....................................................................................29 9.2 Financial Flows, Arrangements, and Contingencies .......................................................31 9.3 Implementation Process ..................................................................................................33 9.3.1 Implementation Schedule.........................................................................................33 9.3.2 Preparation and Review of RAPs during Project Implementation ..........................33 9.3.3 Annual Performance Audit ......................................................................................34 CHAPTER TEN: STAKEHOLDER ENGAGEMENT, CONSULTATION AND DISCLOSURE ...............................................................................................................................35 10.1 Introduction .....................................................................................................................35 10.2 Disclosure ........................................................................................................................38 10.3 Consultation Summaries from Visited States..................................................................39 CHAPTER ELEVEN: ARRANGEMENTS FOR MONITORING AND EVALUATION.........42 11.1 Monitoring.......................................................................................................................42 11.2 Evaluation........................................................................................................................42 11.3 Indicators for Monitoring and Evaluation .......................................................................43 11.3.1 Monitoring Indicators ..............................................................................................43 11.3.2 Evaluation Indicators ...............................................................................................43 11.4 Completion Audit ............................................................................................................44 Page | iii ANNEX 1: RESETTLEMENT PLAN ......................................................................................45 ANNEX 2: CONSULTATION AND SITE VISITS PHOTOS ................................................50 ANNEX 3: AVAILABLE DATA ON THE EDUCATIONAL FACILITIES FOR THE PILOT STATES .....................................................................................................................................69 LIST OF TABLES Table 3. 1: Assessment of estimated population, Types of Land Acquisition and Restrictions on Access that are Covered under ESS 5 ..............................................................................................0 Table 3. 2: Positive and negative social impacts associated with the AGILE project ..................0 Table 5. 1: Comparison of Nigerian Law & World Bank’s ESS 5 regarding compensation .......9 Table A.1: List of Stakeholders consulted in Kano State ...........................................................56 Table 5.2: List of Stakeholders consulted in Christ School, Ado Ekiti, Ekiti State ...................60 Table 5.3: List of Stakeholders consulted in Christ Girls, Ado Ekiti, Ekiti State ......................61 Table 5.4: List of Stakeholders consulted in Mary Immaculate School, Ado Ekiti. ..................62 Table 5.5: List of Stakeholders consulted in St. Louis School, Ikere Ekiti, Ekiti State .............64 Table 5.6: List of Stakeholders consulted in Methodist Girls High School, Ifaki Ekiti. ............65 Table 5.7: List of Stakeholders consulted in Mary’s AGGS School, Ikole Ekiti. ......................67 Table 5.8: List of other Stakeholders consulted in Ekiti State....................................................68 Table 6. 1: Matrix of compensation packages by type of asset lost and ownership right ..........13 Table 6. 2: Physical Loss of Access to Assets ............................ Error! Bookmark not defined. Table 6. 3: Loss of Income and Livelihood ................................ Error! Bookmark not defined. Table 6. 4: Impacts arising from Disturbance/Disruptions ......... Error! Bookmark not defined. Table 6. 5: Method of Valuation .................................................................................................16 Table 8. 1: Grievance Redress Procedure for Resettlement Cases proposed for the AGILE Project ........................................................................................................................................................26 Table 8. 2: Format for Grievance Redress proposed for the AGILE Project .............................28 Table 9.1: Resettlement Aspects Eligibility for Financing out of the Bank Loan…… ………34 Table 10. 1: Mechanism for Consultation with and Participation of Displaced Person in the AGILE Project Cycle ..................................................................................................................................37 LIST OF FIGURES Figure 1. 1: Project Components ................................................ Error! Bookmark not defined. Figure 8. 1: Summary of the Grievance Redress Process ...........................................................27 Figure 9. 1: Flow of Funds for Resettlement and Rehabilitation ................................................33 Page | iv LIST OF PHOTOGRAGHS Plate 5.1: Group Photograph with Mrs. Lauratu Ado Diso, Permanent Secretary Kano State Ministry of Education ....................................................................................................................53 Plate 5.2: Group Photograph with the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association and Environmental and Social Standard Consultants at the Government Girls Secondary School, Yargaya; Kano State .........................................................53 Plate 5.3: Government Girls Secondary School, Yargaya; Kano State ......................................54 Plate 5.4: Photograph with Dr. Halima Rabiu Abdullahi, Executive Secretary, Agency for Mass Education, Kano .............................................................................................................................54 Plate 5.5: Consultation with the Principal, Government Girls Secondary School, Yargaya; Kano State by the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association, Environmental and Social Standard Consultants ...........................................................................54 Plate 5.6: Consultation with the Kano State Ministry of Education Officials by the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association, Environmental and Social Standard Consultants .....................................................................................................................55 Plate 5.7: An overview of the Christ School, Ado-Ekiti.............................................................61 Plate 5.8: An overview of the Christ Girls School, Ado-Ekiti....................................................62 Plate 5.9: An overview of the Mary Immaculate School, Ado-Ekiti ..........................................63 Plate 5.10: An overview of the St. Louis School, Ikere-Ekiti......................................................65 Plate 5.11: An overview of the Methodist Girls High School, Ifaki Ekiti ...................................66 Plate 5.12: An overview of the Mary’s Anglican Girls Grammar School, Ikole Ekiti ................67 Plate 5.13: TESCOM Officials ....................................................................................................68 Plate 10. 1: Lack of furniture ......................................................................................................40 Plate 10. 2: Dilapidated Classroom & Classroom converted to Toilet .......................................41 Plate 10. 3: Group Photograph with the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association and Environmental and Social Standard Consultants at the Government Girls Secondary School, Yargaya; Kano State .........................................................41 Plate 10. 4: Pictures in Consultation of Ministry officials and Consultants with Mary Immaculate Girls School Principal and PTA, Ekiti state...................................................................................41 Page | v LIST OF ABBREVIATIONS AND ACRONYMS AGILE Adolescent Girls Initiative Learning and Empowerment BESDA Better Education Service Delivery for All CCT Conditional Cash Transfers CCTV Closed Circuit Television EFA Education for All EMIS Education Information Management System ESS Environmental and Social Standard ESP education sector plan GER gross enrolment ratio IDP Internally Displaced Person IOM International Office of Migration JSS Junior Secondary School KGIS Keeping Girls in School KNGEP Kano State Girls Child Education Policy LGA Local Government Area LUA Land Use Act MPA Multi-phase Programmatic Approach NECO National Examination Council SSCE Senior Secondary School Examination OOS Out-Of-School PAP Project Affected Person PAF Project Affected Families RAP Resettlement Action Plan RPF Resettlement Policy Framework SCD Systematic Country Diagnostics SBMC School Based Management Committee SEB Secondary Education Board SESP State Education Sector Project SGBV Sexual Gender Based Violence SMOE State Ministry of Education SPEB State Primary Education Board SSS Senior Secondary School SUBEB State Universal Basic Education Board TEP Transitional Education Plan UBE Universal Basic Education UNHCR United Nations High Commissioner for Refugees UNICEF United Nations International Children’s Fund WDR World Development Report Page | vi DEFINITIONS OF TERMS USED IN THE REPORT Unless the context dictates otherwise, the following terms shall have the following meanings: TERMS MEANING Census a field survey carried out to identify and determine the number of Project Affected Persons (PAP) or Displaced Persons (DPs) and adversely impacted Assets. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures emanating from consultations with affected communities. Compensation Payment in kind, cash or other assets given in exchange for the (1) acquisition of including structures and fixed assets thereon or (2) restriction on use of that land. Cut-off date date of the census of PAPs or DPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation. Displaced Persons persons who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets (or the use thereof) under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Displaced Persons are physically relocated. These people will have their: standard of living adversely affected, whether or not the Displaced Person must move to another location ; lose right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood. Land acquisition the repossession of or alienation of land, buildings or other assets thereon for purposes of the Project Market Value means the most probable selling price or the value most often sought by buyers and sellers Project Affected “are persons affected by land use or acquisition needs of the AGILE Project. Person(s) (PAPs) These person(s) are affected because they may lose, be denied, or be restricted access to economic assets, lose shelter, income sources, or means of livelihood. These persons are affected whether or not they must move to another location. Replacement cost means replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to Nigerian law for sale of land or property. In terms of land, this may be categorized as follows; (a) “Replacement cost for agricultural land” means the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c) any registration and transfer taxes; Replacement cost for the prevailing cost of replacing affected structures, in an area and of the quality houses and other similar to or better than that of the affected structures. Such costs shall include: structures (a) transporting building materials to the construction site; (b) any labour and contractors’ fees; and (c) any registration or transaction costs Resettlement the measures to ensure that Displaced Persons who may require to be physically Assistance relocated are provided with assistance during relocation, such as moving Page | vii allowances, residential housing or rentals, whichever is feasible and as required, for ease of resettlement The Resettlement This has been prepared as an instrument to be used throughout the AGILE Policy Framework Project implementation. The RPF will set out the resettlement and (RPF) compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The Resettlement Action Plans (“RAPs”) for the AGILE Project will be prepared in conformity with the provisions of this RPF. Page | viii EXECUTIVE SUMMARY Project Description The World Bank is supporting the Federal Government of Nigeria to implement the Adolescent Girls Initiative Learning and Empowerment Project to reduce gender gap in secondary education completion rate and labour market transition among adolescent girls in participating states. The proposed Project Development Objective (PDO) is to: Improve access and transition of quality secondary education and participation in market-relevant skills training in participating states. Within this framework, the project is structured around three components: Component 1 Component 2 Component 3 Safe accessible learning Enabling Families, communities and Project management, spaces schools to support girls’ education system strengthening, and learning ▪ 1.1: Create new learning ▪ 2.1. Providing financial support spaces (Expansion of JSS + package to families • Project management SSS + teacher package) and M&E ▪ 2.2. Community engagement, ▪ 1.2: Improve learning Promoting Social and behavioural • System strengthening conditions (School change • Learning agenda improvement grants: ▪ Subcomponent 2.3 Empowering girls Rehabilitation of JSS/SSS with life skills and market relevant and school materials) skills Need for the preparation of RPF In line with Component 1, Safe accessible learning spaces; subcomponents 1.1 and 1.2, which will address access gaps by constructing new JSS and possibly SSS classes in schools and renovating or expanding existing ones in schools, resettlement issues may arise; land may need to be acquired, people who may have occupied some derelict/abandoned school and classrooms for use as shelter or storage may be displaced and there may be some economic displacement. As the locations of schools and facilities are not currently known, it is not possible to determine the exact nature or extent of any physical and/or economic displacement that may occur. Hence, a Resettlement Policy Framework (RPF) is prepared to address involuntary resettlement in the project at this stage because the scope, scale, locations and number of sub-projects have not been fully defined. However, the participating states will undertake the preparation of site-specific Resettlement Action Plans (RAPs) or Abbreviated Resettlement Action Plans (ARAPs) when sufficient details and specific site engineering designs of the prioritized sub-projects are fully determined. The methodology employed during the preparation of the RPF includes desktop review, field visits and consultations with potential project affected persons (PAPs), workshops, etc. Project Location Page | ix The interventions of the project will prove beneficial for the communities and residents and adolescent girls living within the project’s Pilot participating States. It would be in phases and subsequent phases could involve scaling-up the project to cover more states. Categories of PAPs Project affected persons (PAPs) are defined as “persons affected by land acquisition, relocation, or loss of incomes associated with (a) acquisition of land or other assets, and (b) restriction of access to legally designated parks and protected areas.” At this stage of preparation, it is not possible to quantify the estimated likely number of PAPs since the subprojects have not yet been identified. However, they can be categorized as affected individuals, affected household, or affected local communities. There are three categories of affected persons who are eligible for coverage under ESS5 namely; category (a) affected persons who have formal legal rights to land or assets; category (b): affected persons who do not have formal rights to land or assets, but who have a recognized or recognizable claim; and category (c): affected persons who have no recognizable legal right or claim to the land or assets they occupy or use. The project team commenced engagement with potential affected communities, including host communities, through the process of stakeholder engagement described in ESS10. Stakeholder engagement is the ongoing process by which the Borrower, the AGILE Project Management Team in each participating state, identifies and communicates with the people affected by its decisions and activities, and others with an interest in the implementation and outcomes of its decisions. It considered the different access and communication needs of various groups and individuals, especially those more vulnerable or disadvantaged. The identified stakeholders include; Adolescent girls and students including any with disabilities, Selected School Authorities, MDAs, International /Donor Agencies, traditional leaders etc. Eligibility Criteria for Compensation The primary requirement for eligibility is that PAPs are enumerated at their place of work or residence located within the AGILE Project or sub-project area during the RAP census. Where PAPs are not, for one reason or the other, enumerated during the census, or in cases of disputed eligibility, PAPs will be expected to provide proof of their presence in the project area during the census period in order to be eligible for compensation. A census would be carried out to identify the persons who will be affected by the project to determine who is eligible for assistance and benefits, and to discourage the inflow of ineligible people. It will be necessary to assess the level of asset loss as either temporary or permanent and assign economic values to them. To effectively do this, a survey will be done in form of interviews, group discussions and review of existing documentary evidence etc., for assets that will be lost in the Project. Legal Framework for Land Acquisition A range of diverse cultural and traditional practices and customs characterize land ownership in Nigeria. It could be classified as community land, communal land, clan or family land, institutional Page | x land, or individual land. The legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978, reviewed under Cap 202, 1990. The World Bank’s ESS 5, which addresses land acquisition and resettlement, was adopted in 2018. The RPF for the AGILE project will be aligned with the World Bank Standards which indicates best practices to restore livelihoods of people affected by the implementation of the project. Hence, where there are gaps between the Land Use Act (1978) and the World Bank Policy (ESS 5), in regard to compensation of PAPs, the World Bank’s policy will apply. The differences between the Land Use Act and the Bank’s ESS 5 are mostly in rehabilitation measures, which are neither proscribed nor mandated in the Act. Thus, it is noted in this RPF that in the event of divergence between the two, the World Bank ESS 5 shall take precedence over Nigeria Land Use Act. Guiding Principles for Resettlement Planning Two basic principles of the Bank standards affect resettlement costs: resettlement must be minimized; and those affected by Bank projects should not bear the resettlement costs. On the AGILE project the Federal Government of Nigeria through the Federal Ministry of Education is the sovereign borrower and ultimately responsible for meeting financial obligations. However, the project spans across different states thus, other sources of funds and mechanisms for timely delivery is outlined in figure 9.1. Furthermore, for each subproject, a detailed implementation schedule of the various activities to be undertaken will be included in each project’s RAP. Each participating States Project Implementation Unit (PIU) in coordination with the Federal has the overall responsibility for implementing the Resettlement Policy Framework and for ensuring that all compensation, resettlement and rehabilitation activities are satisfactorily completed before providing approval for disbursement of funds for subprojects in the case of Resettlement Action Plans/Abbreviated Resettlement Action Plans (RAPs/ARAPs). The key roles of the PIU are summarized in section 7.1. The compensation process for subprojects will involve several steps to be carried out in accordance with the measures set out in the subproject RAPs/ARAPs. These steps include the following: • Public participation with local communities • Notification of Landowners • Documentation of Holdings and Assets • Agreement on Compensation and Preparation of Contracts • Compensation Payments Grievance Redress Mechanism (GRM) The AGILE Project Office will undertake a consultative process for the project that will provide ample opportunity to redress complaints informally, in addition to the existing, administrative and legal procedures. The potential sources of grievance are stated in section 8.1. The major steps involved in the proposed grievance redress mechanism (GRM) for AGILE Project includes reception and registration, resolution, appeals, and monitoring. Valuation and Arrangements for Compensation Page | xi Compensation for loss of revenue will be derived from both Formal and Informal Activities along the proposed project areas. Once individual sub-project impacts are identified, and valuation of individual structures is completed, detailed compensation rates for different structures will be included in the resettlement plan, and the plan will be submitted to the World Bank or its designated representative for review and no-objection. Valuation of assets affected by the AGILE projects will be conducted by a qualified surveyor. In Nigeria, the Land Use Act establishes the general principle for the calculation of the value of assets to be taken when occupancy rights are revoked. Valuation procedures, method and basis for valuation have been outlined in sections 6.3-6.5 respectively. Stakeholder Engagement and Consultation Stakeholder engagement is an inclusive process conducted throughout the project life cycle. Where properly designed and implemented, it supports the development of strong, constructive and responsive relationships that are important for successful management of a project’s environmental and social risks. For this RPF, “stakeholder” refers to individuals or groups who are either “project-affected parties” or “other interested parties”. Mechanism for Consultation in the AGILE Project Cycle is presented in table 10.1. Consultation Summaries from Visited States are presented in section 10.3. The Federal Ministry of Education will disclose this RPF by making copies available at its Head Office, relevant MDAs, relevant Local Government Council, and other stakeholders of the State Education Sector. The participating State Government through the State Ministry of Education will also submit it to the FMEnv who will formally announce through Newspaper Advertisement, the Public Disclosure in the above-mentioned locations and in its Offices in Abuja and the participating States. Monitoring and Evaluation Monitoring and evaluation are fundamental components of the Resettlement Policy Framework and they will be carried out on a continuous basis. Monitoring will take place during the implementation of the resettlement policy framework and will consist of both internal and external monitoring. Monitoring and evaluation indicators have been outlined in sections 11.3.1 and 11.3.2 respectively. A completion 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. Page | xii CHAPTER ONE: PROJECT DESCRIPTION 1.1 Project Description The World Bank is supporting the Federal Government of Nigeria to implement the Adolescent Girls Initiative Learning and Empowerment (AGILE) Project to reduce gender gap in secondary education completion rate and labour market transition among adolescent girls in participating states. Girls’ education is a strategic development priority to facilitate healthier educated women, who can participate more in the formal labour market, and earn higher incomes, to support better health care and education for their children. All these factors combined can help lift households out of poverty and support sustainable development. In Nigeria, girls have to overcome barriers to education caused by poverty, cultural norms and practices, substandard service delivery, poor infrastructure, and fragility. Hence, the proposed project aims at addressing these key constraints - the low human capital indicators in education, particularly in northern Nigeria and rural areas for the Nigerian Government. Addressing these gaps and disparities, by investing in the education of girls and by expanding their economic opportunities will be critical for the Nigerian Government to revitalize the economy and put the country on a path towards sustainable development (Nigeria SCD, 2018). Towards this end, multi-sectoral approaches to overcome these challenges, include: • Providing scholarships or conditional cash transfers (CCTs) • Reducing distance to school • Ensuring gender-sensitive curricula and pedagogies • Hiring qualified female teachers • Building safe and inclusive learning environments • Ending child/early marriage • Addressing violence against girls and women. The proposed Project Development Objective (PDO) is to: Improve access and transition of quality secondary education and participation in market-relevant skills training in participating states. It aims to achieve its objective by addressing the critical binding constraints adolescent girls face with respect to education. The project will use a comprehensive approach to address these constrains by using the school, family and community platforms to empower adolescent girls. The approach will consist of interventions aimed at keeping girls in school and provide opportunities for them to, acquire critical life skills and market relevant skills not currently offered in schools. Achievement of the PDO will be measured by the following key performance indicators: ▪ Percentage of girls transiting to Junior or Senior Secondary School Page | 0 ▪ Percentage of girls completing Junior or Senior Secondary Schools ▪ Number of girls who complete market-driven skills training ▪ Number of poor beneficiaries (lowest quintiles) receiving cash transfers Percentage of beneficiaries registered in CCT program who are complying with stated educational co-responsibilities. Project Components1 Within this framework, the project is structured around three components: Component 1 Component 2 Component 3 Safe accessible learning Enabling Families, communities and Project management, spaces schools to support girls’ education system strengthening, and learning ▪ 1.1: Create new learning ▪ 2.1. Providing financial support spaces (Expansion of JSS + package to families • Project management SSS + teacher package) and M&E ▪ 2.2. Community engagement, ▪ 1.2: Improve learning Promoting Social and behavioural • System strengthening conditions (School change • Learning agenda improvement grants: Rehabilitation of JSS/SSS ▪ . Empowering girls with life skills and school materials) and market relevant skills Figure 1. 1: Project Components Component 1: Safe Accessible Learning Spaces Aims to improve completion of quality secondary education for adolescent girls by addressing critical demand and supply constraints with respect to accessible learning space and improve learning conditions. Sub-component 1.1. Create new Learning Spaces: The component will address access gaps by constructing new JSS and SSS Classrooms in schools and renovating or expanding existing schools through Ministry of Education. To improve quality, the component will provide continuous professional development for teachers through colleges of education. Sub-component 1.2. Improve learning conditions: School grants will be provided to School Based Management Committees to improve learning environment as well as address the school’s needs identified by the school community including mothers’ club. This will be provided through the Ministry of Education. Component 2: Enabling Families, communities and schools to support girls’ education Sub-Component 2.1: Providing financial support package to families 1 The following project components have slightly changed since they were consulted on – they however reflect the project components that were discussed with stakeholders and that informed the RFP> Page | 1 This component aims to provide financial support package to families to incentivize girls transition to and attendance of secondary school. This will be implemented by state ministries of education in partnership with private sector. Sub- Component 2.2: Community engagement, Promoting Social and behavioural change This component will support behavior and social norms change on the value of girls’ education and empowerment through media and by engaging traditional and religious leaders to serve as advocates. Traditional and religious leaders will be engaged via the Network of Traditional and Religious Leaders on Keeping Girls in School (KGIS Network). The component will support the formation of Mothers association and boys’ clubs to support and monitor school attendance of teachers and students and feed into the School Based Management Committee (SBMC) accountability framework. Sub-component 2.3. Empowering girls with life skills and market relevant skills This component aims to empower and prepare adolescent girls to successfully navigate the different stages of life by equipping them with life skills (negotiation skills, conflict resolution, self-esteem leadership skills, financial literacy and adolescent health and nutrition) etc. It will also provide market-relevant skills training and a graduation grant upon senior secondary school completion. It will be implemented through collaborations with NGOs and private sector. Component 3: System strengthening and learning agenda Sub-component 3.1. System strengthening: This component aims to provide technical support to Federal and state governments in institutional strengthening, policy review and improve their capacity at the federal, state and local government levels Support will be provided to ensure effective project implementation and coordination, monitoring and evaluation and efficiency in service delivery. Sub-component 3.2. Learning agenda and Impact evaluations: Impact evaluations, studies, pilot programs will be supported to facilitate learning that will enable scale up to other phases of the MPA. Learning will be facilitated from multi-dimensional approaches and allow lessons to be more easily applied to other operations. 1.2 Component for which an RPF is required In line with Component 1, Safe accessible learning spaces, and subcomponents 1.1. and 1.2, which will address access gaps by constructing new JSS and possibly SSS classes in schools and renovating or expanding existing ones in schools, resettlement issues may arise. Land may need to be acquired, and people who may have occupied some derelict/abandoned school and classrooms for use as shelter or storages may be displaced. There are potential livelihood activities around the unused areas, as such, economic displacements may prevail. As the locations of schools and facilities are not currently known, it is not possible to determine the exact nature or extent of any physical and /or economic displacement that may occur. Hence, a Resettlement Policy Framework (RPF) is prepared to address involuntary resettlement in the project at this stage because the scope, scale, locations and number of sub-projects have not been fully defined. However, the participating states will undertake the preparation of site-specific Resettlement Action Plans (RAPs) or Abbreviated Resettlement Action Page | 2 Plans (ARAPs) when sufficient details and specific site engineering designs of the prioritized sub- projects are fully determined. 1.3 Methodology employed during the preparation of the RPF The following approach was adopted in the preparation of the RPF: •Desktop Review: This consisted of the review of relevant documentation (both print and electronic) available and they include the Concept Project Information Document t (PID), reports, documents, relevant national legislations, as well as World Bank’s ESS 5. These reviews provided information on the national legislations that regulate land related issues in the country, with reference to compulsory land acquisition and highlighted the Bank policy on involuntary resettlement. • Field visits and consultations with potential PAPs: The visits and the consultations provided the opportunity to: • See some of the potential project intervention sites and to discuss with the local communities about the project and its requirements for land and any social issues the potential beneficiaries may wish to raise; • Identify specific interests and discuss potential roles and responsibilities of stakeholders that would facilitate their participation, ownership and sustainability of the project. • Assess the potential project areas & likely resettlement issues that may arise as a result of the subproject. The consultations took the form of interviews with representatives of relevant government agencies and focus group discussions with potential project beneficiaries at the community level. The list of persons interviewed (Attendance list) and the summary of community consultations are attached as Annex 2. • Stakeholder Workshop: A Stakeholder Workshop is proposed to be convened to discuss the Draft Report with the representatives of the various stakeholders. The comments/ observations of the workshop and those that may subsequently come from the World Bank will be incorporated in the Final Report to improve the quality. ` Page | 3 CHAPTER TWO: PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PLANNING At this stage of project preparation, the project is not financing activities that will involve land acquisition, restrictions on land use, or involuntary resettlement. Nonetheless, risks still remain as a result of Component 1, Safe accessible learning spaces and subcomponents 1.1 and 1.2, which intends to create new learning spaces, construct, renovate/expand existing schools and new schools as may be justified. Furthermore, there exist the possibilities of displacements of people who may have occupied derelict or abandoned schools identified for rehabilitation/expansion. Since this sub-component intends to expand classrooms and erect fences round the school compounds there may be possibilties of ongoing livelihood activities around the unused areas. As such, a Resettlement Policy Framework (RPF) will need to be prepared. 2.1 Principles of Resettlement Planning It is a generally accepted principle that infrastructure projects entailing land acquisition and that impose restrictions on land use can have adverse social and economic impacts on communities and persons. Project-induced land acquisition or restrictions on land use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. The term “involuntary resettlement” refers to these impacts. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. Although the Project intends to expand on existing lands housing primary and junior secondary schools, there might be possibilities of acquiring lands through community voluntary donations or use of schools or classrooms that had been abandoned by the school authorities, which may have been occupied by other persons including possibly internally displaced persons. Thus, the intended project activities under component 1 may lead to possible displacements of “these potential persons. Involuntary resettlement and land tenure matters are highly sensitive issues in community development and if not addressed adequately can easily become a source of conflict for individuals and communities and give rise to severe economic, social and environmental risks particularly in the fast-growing participating states on the project in the country. Poor planning can result in productive systems being impacted; impoverishment to communities due to loss of productive assets or income sources; increased competition for resources due to migration; and negative impacts on cultural identity, traditional authority and community empowerment. Hence, the project has agreed to adhere to the Environmental and Social Standard (ESS) 5 of World Bank which requires that the involuntary resettlement should be avoided. Where involuntary resettlement is unavoidable, the Project shall minimize and adopt appropriate measures to mitigate adverse impacts on the potential displaced persons (and on host communities receiving displaced persons-if any). Development of a resettlement framework is necessary to ensure that appropriate mechanisms are in place to manage the impacts adequately under the Project. Page | 4 2.2 Objective and Rationale for the Resettlement Policy Framework (RPF) The objective of this RPF is to set out the policies, principles, institutional arrangements, schedules and indicative budgets that will take care of anticipated land acquisition and economic and physical involuntary resettlement. The objectives are as follows: a) To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. b) To avoid forced eviction.2 c) 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. 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. 2.3 Specific Applications of the ESS 5 in relation to the Project Prior to project appraisal, there is need for the assessment of possible resettlement/displacement issues of the project at a broader level since specific location for implementation are not known at this stage. The ESS 5 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 or state 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; 2 Forced eviction is defined as the permanent or temporary removal against the will of individuals, families, and/or communities from the homes and/or land which they occupy without the provision of, and access to appropriate forms of legal and other protection including all applicable pr ocedures and principles in the WB’s Environmental and Social Standard 5. Page | 5 (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; 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. Page | 6 CHAPTER THREE: ASSESSMENTS OF ESTIMATED POPULATION OF PROJECT AFFECTED PERSONS The number of estimated people likely to be affected or displaced by the project activities as noted in the project component has not been ascertained yet. However, the process by which project affected persons (PAPs) would be identified has been outlined in this chapter. 3.1 Identification of Project Affected Persons Project affected persons (PAPs) are defined as “persons affected by land acquisition, relocation, or loss of incomes associated with (a) acquisition of land or other assets, and (b) restriction of access to legally designated parks and protected areas.” At this stage of preparation, it is not possible to quantify the estimated likely number of PAPs since the subprojects have not yet been identified. However, the likely displaced persons can be categorized into three groups, namely: i. Affected Individual – an individual who suffers loss of assets of investments, land and property and/or access to natural and/or economic resources as a result of the subprojects and to whom compensation is due. For example, an individual/ person that may have occupied abandoned schools, or used it as storage areas for agricultural produce, shops, including use of schools as IDP camps, or a person who farms on a land, or has built a structure (irrigation structure) that is now required by subproject, etc. ii. Affected Household – a household is affected if one or more of its members is affected by project activities, either by loss of property shop or kiosk or farm, land, loss of access or otherwise affected in any way by project activities. This provides for: any members in the households, men, women, children, dependant relatives and friends, tenants; b) vulnerable individuals such as girls with disabilities (varied types of disability – beyond the physical) Separated and unaccompanied girls associated with displaced people, students from IDP camps, Students who are HIV positive, Child-headed households, Single-mother headed households, Widowed mothers, Girls who are survivors of violence. iii. Affected local communities – A community will be affected if project activities affect its socio-economic and/or social-cultural relationships or cohesion. For example, project activities could lead to loss of welfare or cultural cohesion (particularly on this project, if there will be resettlement of internal displaced person from a school location to the neighboring community) etc. 3.2 Process for Identifying PAPs A census should be carried out to identify the persons who will be affected by the project to determine who is eligible for assistance and benefits, and to discourage the inflow of ineligible people. It will be necessary to assess the level of asset loss as either temporary or permanent Page | 7 and assign economic values to them. To effectively do this, the survey will undertake asset inventory for PAPs. This will be done through interviews, group discussions and review of existing documentary evidence (such as permits and licenses) for assets to be lost in the Project. There will be a review of whether the asset is individually owned or belongs to a group. The involuntary taking of land results in relocation or loss of shelter, loss of assets or access to assets of loss of income sources or means of livelihood, whether or not the PAPs must move to another location or not. Therefore, meaningful consultations with affected persons (directly or through representatives), women, girls & youth groups, vulnerable groups, local authorities and appropriate NGOs allows for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. 3.3 Assessment of potential PAPs Thus, in line with the ESS5 table 3.1 gives an assessment of estimated population that may be displaced and likely categories of displaced persons to the extent feasible. Page | 8 Table 3.1: Assessment of estimated population, Types of Land Acquisition and Restrictions on Access that are Covered under ESS 5 Activity Nature of Impact Examples of such impacts in schools Building Rehabilitation / Construction on • Temporary or permanent land take (even (voluntary , purchased or acquired land) though there is prior land acquisition in place in the Schools) for Small- Large plots ((10m x Dilapidated fences which 10 m or 20m x 20m) if Plot is on public can pose safety and security concerns for footpath / right of way / way leave. students and teachers alike • Temporary or permanent land take where previously there is occupation of small holder farmers or internally displaced persons. • Loss of small holders’ farmers utilizing abandoned part of school in farming • Loss of access to natural resource (farmland, pasture, or grazing land or the obstruction of access to natural resources on which affected populations rely for livelihoods (for example, forest products, wildlife, and fisheries) where Dilapidated there is no fencing of the prior acquisition. classroom • Loss of staff quarters or accommodation for current, retired and illegal occupants Page | 0 Activity Nature of Impact Examples of such impacts in schools Skill Workshop facilities / ICT Laboratories, Temporary Loss of access to assets and income Sanitary toilets, for children hawkers, small kiosk/shop owners Boreholes for water supply operating in schools due to fencing or due to Vulnerable children delayed backfilling of trenches in the cause of seen hawking food construction items in school Bakery asset that may lose income during rehabilitation Page | 1 3.4 Potential Impact of the Project on Peoples, Assets and Livelihoods The potential risk associated with the project activities as it relates to resettlement and displacement is permanent and temporary loss of shelter or storage in particular for IDPs or other persons who may have occupied the derelict/ abandoned schools or classroom. Furthermore, it is the loss of economic crops for those who have use the school’s premises to farm. In addition, there will be restriction of access where there will be fencing of school hitherto in a communal setting where such communal land is used for grazing and subsistence farming and smallholder farms and may result in temporary restriction of access to homesteads, farms and communal lands. Also, there will be restriction of access during construction for the hawkers and minors’ small businesses. The project risk sustainability with culturally institutionalised early marriage for girls and inputs of girls hawking towards income contribution to the family in many states of the country and thus could raise Negative perception or marginalisation perception of girl’s education if stakeholder engagement is not managed well. Table 3.2 below shows likely potential positive and negative social impacts associated with the project Table 3.2: Positive and negative social impacts associated with the AGILE project Potential Positive Impacts • Access to more adolescent girls being enrolled in secondary schools to have quality education and skills acquisition • Expand existing primary schools to accommodate the JSS and possibly SSS classes • Construction of more JSS and SSS Classrooms • Socioeconomic and livelihood upliftment of adolescent girls entering into marriage and/or labour market • It would improve socio economic activities and livelihood of locals during the construction phase • Improved job opportunities for more teachers and particularly Skills instructors • It would encourage more pupils to attend schools and complete secondary education particularly the girls • Reduce security challenges of abduction to girls in school’s environment with improved perimeter fence as part of the project • Beautification of the school compound through rehabilitation of dilapidated buildings • Improved educational facilities for pupils • Increase in social welfare of the community Page | 0 Potential Negative Impacts • There may be temporary or permanent displacement of IDPs or other persons who may have occupied the derelict/abandoned schools or classrooms for shelter, or storages. • Project activities such as construction of fences is likely to affect communal land used for grazing and subsistence farming and smallholder farms and may result in temporary restriction of access to homesteads, farms and communal lands • There may be temporary and/or permanent loss of access to farm and farm produce for those who have taken up abandoned school premises to farm • Risk of Gender Based Violence from labour influx to girls in the cause of construction or rehabilitation if contractors sourcing is not managed • It may affect livelihood / economic activity where there is temporary or permanent displacement • Negative perception or marginalisation perception of girl’s education • Environmental pollution such as noise, air, traffic congestion and contamination of chemical during construction phase • Risk of Child Labour/ School Drop out as a result of school construction/rehabilitation activities • Deforestation by locals who cut the tress and convert to firewood where the schools are still engaging in use of firewood as source of fuel • Over dependence of parents on government to support their children Page | 1 CHAPTER FOUR: ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF DISPLACED PERSONS 4.1 Categories of Affected persons There are three categories of affected persons who are eligible for coverage under ESS5. While people in all three categories are entitled to assistance of some sort under ESS5, the nature of that assistance may vary, as subsequent paragraphs of ESS5 make clear. Category (a): Affected persons who have formal legal rights to land or assets are those who have formal documentation under national law to prove their rights, or are specifically recognized in national law as not requiring documentation. In the simplest case, an area is registered in the name of individuals or communities. In other cases, persons may have a lease on the land and therefore have legal rights. This is applicable on this AGILE where new construction will be taking place outside the existing schools or on a voluntarily donated land by a community. Category (b): Affected persons who do not have formal rights to land or assets, but who have a recognized or recognizable claim under national law can fall into a number of groups. They may have been using the land for generations without formal documentation under customary or traditional tenure arrangements that are accepted by the community and recognized by national law. In other cases, they may have never been provided formal title or their documents may be incomplete or lost. They may have a claim for adverse possession if they have occupied land for a certain period of time as defined by national law, without the formal owner contesting the occupation. In such cases, national law often has legal procedures by which such claims can become recognized. This is applicable where the community members have used part of the schools allocated land for farming or as storage area or shelter for internally displaced persons or groups. Category (c): Affected persons who have no recognizable legal right or claim to the land or assets they occupy or use are eligible for assistance under ESS5. These can be seasonal resource users, such as herders, grazers, fishers or hunters (although if the rights of such users are recognized by national law, they may fall into category (a) or (b)). They can also be persons occupying land in violation of applicable laws. Affected persons in these groups are not eligible for compensation for land, but are eligible for resettlement and livelihood assistance and compensation for assets. The policy specifies that those individuals covered under (a) and (b) above are to be provided compensation for the land they lose where there is land take, and other assistance in accordance with the policy. Individuals 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, Page | 2 to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the Federal Republic of Nigeria 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 affected by the Project are provided for compensation for loss of assets other than land. 4.2 Cut-off Date The cut-off date is the date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. The completion of the census represents a provisional cut-off date for eligibility for resettlement assistance. This makes it essential that planners ensure sufficient public awareness of the cut-off date. 4.2.1 Methods to Determine Cut-Off Dates The cut-off date must be chosen in close collaboration with community leaders, vulnerable groups, PAPs and representatives of PAPs, and social groups. The date shall be announced / made public through appropriate means of reach-out in the local area and/or via radio advertisement and fliers during the community awareness campaigns and/or through different communication channels including; extensive/detailed consultations. The cut-off date will also be displayed at the project offices, State Ministry of Education, project area(s) and the Local Government Councils. Census-takers should provide affected people documentation that confirms their enumeration (identity cards or a witnessed copy of the survey endorsed by the household head). Proof of enumeration precludes an influx of people into the project area after the cut-off date. Although concessions should be made for enumerator errors and omissions, as a rule people moving into the project area after the cut-off date should not be entitled to assistance. Planners must nevertheless accommodate individuals or groups who are not present at the time of registration but who have a legitimate claim to membership in the affected community. Such groups might include absent family members engaged in migrant wage labor or nomadic pastoralists who use local resources on a seasonal basis. If there is a significant time lag between the completion of the census and implementation of the RAP, resettlement planners should make provision for population movements as well as natural population increase and expansion of households, which may include a repeat census. 4.3 Eligibility Criteria To be eligible for resettlement, the primary requirement for eligibility is that PAPs are enumerated at their place of work or residence located within the AGILE Project or sub-project area during the RAP census. Where PAPs are not, for one reason or the other, enumerated during the census, or in cases of Page | 3 disputed eligibility, PAPs will be expected to provide proof of their presence in the project area during the census period in order to be eligible for compensation. Proof can include registered land titles, certificates of occupancy, proof of customary ownership, tenancy agreements, rent receipts or development permits. Where PAPs have none of the above, testimony from neighbors, employers, Village Heads will be allowed. There will therefore be a package of compensation and other resettlement measures to assist each category of eligible displaced persons to achieve the objectives of the policy. Eligibility will also be assessed using the following information: Loss of structures: This includes loss of: crops and trees, structures, fixed improvements, small businesses which should be compensated at market valuation, negotiated settlements, productivity valuation, material and labor valuation. In cases where the loss is partial then the disposition of salvage material will be exercised. Cash payments may also be made if a small fraction of structure is lost instead of replacing the whole structure, but if the partial loss results in PAPs not being economically viable then the structure is replaced. Those who lose shelter as IDPs will also be assisted with temporary residence as necessary. Loss of wages and income: These are persons who lose their income due to the Project. Losing employment in the process of relocation should be entitled to transitional income support. Compensation equivalent to lost income required for the duration of impact should be paid to the latter. In addition, PAPs will be entitled to transitional assistance, which include moving expenses, temporary residence if necessary, and employment in the Project while waiting employment. In difficult cases, local authorities may be used to judge eligibility as well as community committees. It is also important to note the eligibility may be claimed collectively, not necessarily just by individuals or families. 4.4 Non-Eligible PAPs Anyone who occupies the project area after the cut-off date will not be eligible for compensation or resettlement assistance. Persons who occupy the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance. Similarly, assets built after the cut-off date is not eligible for compensation. However, it may be possible that some PAPs may have been missed in the Census. A corridor Video that captured assets even in absentia along the corridor shall be included during implementation for verification of absentee PAPs assets. 4.5 Community Engagement As part of developing the resettlement policy framework a mechanism for consultation and community engagement is critical. The project team commenced engagement with affected Page | 4 communities, including host communities, through the process of stakeholder engagement described in ESS10. Stakeholder engagement is the continuing process by which the Borrower – AGILE Project Management Unit in each participating state identifies and communicates with the people affected by its decisions and activities, and others with an interest in the implementation and outcomes of its decisions. It took into account the different access and communication needs of various groups and individuals, especially those more vulnerable or disadvantaged. The process to identify stakeholders included the following: (a) developing a list of project-affected and other interested parties, paying special attention to identifying disadvantaged and vulnerable groups. (b) other interested parties identified by listing relevant interest groups, and considering historical issues, social relations, relationships between local communities and the project implementer, and any other relevant factors related to the sector and location that help anticipate local and external responses to the project. (c) discussions were conducted with representatives of the stakeholders identified and with persons knowledgeable about the local, and sector contexts and undertake media and social media searches to verify the list and identify any other project-affected or interested parties and to find out how to contact them. The identified stakeholders are listed below. • Selected School Authorities – Principals, Proprietors, Guidance and Counselling staff, Entrepreneurial teachers, Female teachers and Female students • Federal and State Ministry of Education Project Team • State Ministry of Education, commissioners, Permanent Secretary, Technical Directors for secondary education. • adolescent girls, student and staff with disabilities, vulnerable groups, women and youth groups, etc. • State Universal Basic Educational Board (SUBEB)- Key Stakeholders • School Based Management Committee (SBMC) • Representatives of Mothers Associations • Representative of Boys Club • State Ministry of Women Affair and Youth Development- Head Policy and Planning, Head Gender desk. • Ministry of Health • Ministry of Lands- Policy, Valuation and compensation • UNICEF/ DFID • Ministry of Environment/ Agency responsible for waste management • Traditional Leaders • NGOs/ Community champions on girls’ educations Page | 5 CHAPTER FIVE: ASSESSMENT OF LEGAL FRAMEWORK BETWEEN THE BORROWER AND WORLD BANK POLICY ON RESETTLEMENT This section discussed the various land tenure and ownership systems in Nigeria, the different legal instruments regarding government and individual acquisitions and resettlement and compensation policies. 5.1 Land Ownership in Nigeria. A range of diverse cultural and traditional practices and customs characterize land ownership in Nigeria. Land can be classified according to the following broad categories: Community land: land commonly referred to as ancestral land, is owned by all the people. Communal land: consists mostly of under-developed forests and is owned by nobody. Those who clear it first claim ownership. Clan or family land is owned by clans and families, as the name suggests. Institutional land: land allocated to traditional institutions such as traditional authorities and chiefs. 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. The legal framework for land acquisition and resettlement in Nigeria is the Land Use Act (LUA) of 1978, reviewed under Cap 202, 1990. The World Bank’s ESS 5, which addresses land acquisition and resettlement, was adopted in 2018. The differences between the Land Use Act and the Bank’s ESS 5 mostly concern rehabilitation measures, which are neither proscribed nor mandated in the Act. Community Driven Projects such as the AGILE Project 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 RAPs/ARAPs and this will consider the various land holding arrangements in the assessment of entitlements and compensations for the various interests for lands acquired. 5.2 Nigerian Legal/Institutional Guidelines and Requirements 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. Page | 6 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; grant easements appurtenant to statutory rights of occupancy and to demand rent. The Statutory rights of Occupancy are for a definite time (the limit is 99 years) and may be granted subject to the terms of any contract made between the state Governor and the Holder. The agricultural (including grazing and ancillary activities), residential and other purposes. But the limit of such grant is 500 hectares for agricultural purpose and 5,000 for grazing except with the consent of the Governor. The local Government, under the Act is allowed to enter, use and occupy for public purposes any land within its jurisdiction that does not fall within an area compulsorily acquired by the Government of the Federation or of relevant State; or subject to any laws relating to minerals or mineral oils. 5.2.1.1 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 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 Page | 7 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. Again, the Act provides in Section 30 that where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of Section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee. It is clear from section 47 (2) of the Act that no further appeal will lie from the decision of such a committee. If this is so, then the provision is not only retrospective but also conflicts with the fundamental principle of natural justice, which requires that a person shall not be a judge in his own cause. The Act must, in making this provision, have proceeded on the basis that the committee is a distinct body quite different from the Governor or the Local Government. It is submitted, however, that it will be difficult to persuade the public that this is so since the members of the committee are all appointees of the Governor. Where a right of occupancy is revoked for public purposes within the state of the Federation; or on the ground of requirement of the land for the extraction of building materials, the quantum of compensation shall be as follows: ▪ For land, an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked. ▪ For the building, installation or improvements therein, for the amount of the replacement cost of the building, installation or improvements to be assessed on the basis of prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation. With regards to reclamation works, the quantum of compensation is such cost as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer. ▪ For crops on land, the quantum of compensation is an amount equal to the value as prescribed and determined by the appropriate officer. Where the right of occupancy revoked is in respect of a part of a larger portion of land, compensation shall be computed in respect of the whole land for an amount equal in rent, if any, paid by the occupier during the year in which the right of occupancy was revoked less a proportionate amount calculated in relation to the area not affected by the revocation; and any interest payable shall be assessed and computed in the like manner. Where there is any building installation Page | 8 or improvement or crops on the portion revoked, the quantum of compensation shall follow as outlined above and any interest payable shall be computed in like manner. 5.3 International Guidelines International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects recognize this especially in development that result in involuntary resettlement. It is against this background that policies and guidelines have been set for managing such issues. These policies shall be complied with by project proponents before these institutions invest in them such as the World Bank’s ESS 5. The World Bank’s ESS 5 will be applied in any sub-project of the AGILE that displaces people from land or productive resources due to land take. Where there is conflict between national legislation and World Bank’s ESS 5, the latter policies shall prevail. 5.3.1 World Bank’s ESS 5 and the AGILE Project The ESS 5’s first objective advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement shall be conceived and executed as a sustainable development program, where it is inevitable, providing sufficient investment resources to enable persons displaced by the project share in project benefit. Persons displaced shall be: a. Duly consulted and should have opportunity to participate in the planning and execution of the resettlement; b. Compensated for their losses at full replacement cost prior to civil works; c. Assisted with the move and supported during the transitional period in the resettlement site; d. Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them. Under this project, the World Bank requires the preparation of a Resettlement Policy Framework (which this document stands for) in accordance with National and World Bank’s ESS 5. The RPF will guide the project as sub-projects are selected, and specific Resettlement Action Plans (RAPs) for each sub-project are prepared. 5.4 Nigerian Law and World Bank’s ESS 5 on Compensation – A Comparison In Table 5.1, a comparison between compensation in Nigerian Land law and the 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 Nigeria Land Use Act and World Bank Standards 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’s ESS 5. In the event of divergence between the two, the World Bank standard prevails. Table 5.1: Comparison of Nigerian Law & World Bank’s ESS 5 regarding compensation Page | 9 Resettlement Aspect Nigeria’s Policy ESS 5 Addressing the Gaps Land owners- Cash compensation Recommends land-for-land The eligible PAPs will be compensated (only applicable where based upon market compensation. Other at replacement cost. there is a requirement value. compensation is at replacement under the project to take cost. land because of new construction outside the existing boundaries of existing schools.) Land tenants – where they Entitled to Are entitled to some form of Those with legal right on the land are have been using part of compensation based compensation whatever the legal compensated and those without any form the existing schools land upon the amount of recognition of their occupancy. of rights on the land but affected by the for farming food or cash rights they hold upon project as of the cut of date are given a crops land. form of compensation based on impacts. Owners of “Non- Cash compensation Entitled to in-kind compensation Entitled to in-kind compensation or cash permanent” and based on market or cash compensation at full compensation at full replacement cost “permanent” buildings – value. replacement cost including labour including labour and relocation (such as small shops/ and relocation expenses, prior to expenses, prior to displacement. kiosk owners operating in displacement. schools) Encroachers and squatters. No compensations Entitled to compensation for Are to be provided resettlement Illegal structures buildings, structures, installations assistance in addition to and improvements and other compensation for affected assets; but assistance measures no compensation for land Consultation Silent Insists upon consultation and Insists upon consultation and informed informed participation of all participation of all affected persons affected persons throughout throughout resettlement process. resettlement process. Loss of Access/Rights of Silent Provide assistance to offset the loss Provide assistance to offset the loss of Way of such resources to a community such resources to a community Livelihoods Silent Compensation for loss of assets at Compensation for loss of assets at full full replacement cost and other replacement cost and other assistance to assistance to improve or at least improve or at least restore standards of restore standards of living and living and livelihoods. livelihoods. Communal resources Where land is owned by Where land is collectively owned, Where land is collectively owned, the the community, the project is to offer land-based project is to offer land-based compensation may be compensation where feasible compensation where feasible paid to the chief on Endeavour to offset the loss of Endeavour to offset the loss of behalf of the community communal resources through communal resources through support for or into a specially support for initiatives that enhance initiatives that enhance the productivity designated fund for the the productivity of the remaining of the remaining resources, in-kind or benefit of the resources, in-kind or cash cash compensation for loss of access, or community compensation for loss of access, or provide access to alternative sources of provide access to alternative the lost resource. sources of the lost resource. Resettlement assistance Silent Affected persons provided with Affected persons provided with assistance with movement, assistance with movement, transition transition support and to re- support and to re-establish access to lost establish access to lost resources. resources. Page | 10 Vulnerable groups Silent Provide relocation assistance suited Provide relocation assistance suited to to the needs of each group of the needs of each group of displaced displaced persons, with particular persons, with particular attention paid to attention paid to the needs of the the needs of the poor and the vulnerable. poor and the vulnerable. Assistance to vulnerable people shall take the following forms, depending upon vulnerable persons’ requests and needs: i) Assistance in the compensation payment procedure (e.g., going to the bank with the person to cash the compensation check), ii) Assistance in the post payment period to secure the compensation money and reduce risks of misuse/robbery, iii) Assistance in moving: providing vehicle, driver and assistance at the moving stage, iv) Health care if required at critical periods: moving and transition period Grievance Land Use Act provides Requires the elaborate design of Requires the elaborate design of for establishment of a multiple orders of grievance redress multiple orders of grievance redress Land Use and Allocationmechanism, which provides varied mechanism, which provides varied Committee in each state access to suit PAPs understanding access to suit PAPs understanding and to arbitrate and comfort for dispute resolution comfort for dispute resolution promptly compensation related promptly in an impartial and in an impartial and transparent manner. disputes. Either party transparent manner Recognises judicial redress as the last may seek judicial option. redress in the courts. The RPF for AGILE project will be aligned with the World Bank Standards which indicates best practices to rehabilitation of livelihoods of people affected by the implementation of the project. Hence, where there are gaps between the Land Use Act (1978) and the World Bank Policy (ESS 5), in regard to compensation of PAPs, the World Bank’s Policy will apply since it is to fund the project. Page | 11 CHAPTER SIX: METHODS OF ASSETS VALUATION AND COMPENSATION 6.1 Identification and Categorization of Loss and Impact Project Affected Persons will be identified by the types of losses they suffer or the impact of the project on them. The Project will: I. Ensure that identification and categorization of the likely loss or impact is undertaken during the planning and design stages of each sub-project; II. Establish the magnitude and coverage of impacts early in the project planning in order to justify the resettlement instrument to adopt. General categorization of losses will be done to reflect extent of loss in terms of the following: − Permanent or Temporary Loss; − Full or Partial Loss; − Minimal or Significant Loss. III Determine specific losses or impacts to reflect the exact nature of loss whether visible and tangible or intangible and categorize into the following losses: − Physical loss of assets which will be determined by assessing the interest or right to ownership, occupation and possession; − Loss of income, loss of livelihood and opportunities to employment; − Impacts arising from disturbance/disruptions. Categories of losses will be as indicated in Tables 6.3 and 6.4, while categories of impacts arising from disturbance/disruptions will be as indicated in Table 6.4 below: Table 6.1: Physical Loss of Access to Assets Category Type of Loss Land (i) Loss of land for farming purposes Occupied Structures (i) Buildings (classroom, staff / IDP quarters,) (ii) Ancillary Buildings (iii) Fence Walls (iv) Shops, kiosks etc. (v) Other Civil works – pavements, concrete kerbs, concrete wells or reservoirs for farming Source: adapted from Resettlement Handbook Table 6.2: Loss of Income and Livelihood Category Type of Loss Business Loss of Business goodwill Impact on accommodation Loss of Residential Accommodation or Room Source: adapted from Resettlement Handbook Table 6.3: Impacts arising from Disturbance/Disruptions Category Type of Loss Temporary structures (i) Loss of location and expense for moving structure Disturbance (ii) Movable assets – incurring removal expenses (iii) Loss of peaceful enjoyment of property Page | 12 (iv) Loss of customers and companions Source: adapted from Resettlement Handbook Compensation for loss of revenue derived from both formal and informal activities This is covered under 3 categories: Category I: Loss of farm produce in the course of land use for construction Category II: Loss of accommodation for internally displaced persons or illegal tenants or squatters in school staff quarters or classrooms; Category III: Loss of Business Income and Loss of Business Goodwill for small holder’s shop owners operating in schools. For category (i) the comparative method is used based on the average monthly net profit. For category (ii) the method used is the comparative sales method and compensation is based on the comparable rent past and rent advance paid. Finally, for category (iii) the comparative method is used, and compensation is based on going fees and wages. A description of the proposed types and levels of compensation under local law, and such supplementary measures as are necessary to achieve replacement cost for lost assets, will be in described in future RAPs/ARAP that will be prepared where it applies. Once individual sub-project impacts are identified, and valuation of individual structures is completed, detailed compensation rates for different structures will be included in the resettlement plan, and the plan will be submitted to the World Bank or its designated representative for review and no-objection. Table 6.4: Matrix of compensation packages by type of asset lost and ownership right Eligibility Criteria Compensation Category Types Compensation Method The primary Compensation for Temporary structures PAPs will be allowed to remove requirement for infrastructure including kiosks, shacks, salvageable construction eligibility is that irrespective of legality of converted shipping materials and this will not affect PAPs are enumerated occupation rights of containers compensation. Transportation at their place of work structure costs will be based on truck hire or residence located costs commensurate with volume within the AGILE This category will include of salvageable materials and Project or sub-project IDPs camped in some possessions area during the RAP abandoned part of the For tenants only: Full costs of removal and transfer census. Where PAPs school area, squatters or compensation for cost of to a location selected by the are not, for one staff legally or illegally any improvements made owner. reason or the other, occupying buildings or For food or cash crop Replacement value enumerated during dilapidated staff quarters farm produce the census, or in or farmers using cases of disputed unoccupied land to farm Page | 13 eligibility, PAPs will Temporary loss of Include residential Full reinstatement or replacement be expected to revenues during tenants, business value or a combination of the two provide proof of their construction operators (whether presence in the owners or renters of their project area during premises) and squatters the census period in order to be eligible Include those who for compensation. temporary restriction to Details in section 4.3 their revenue asset through the fencing of school Table 6.5: Entitlement Matrix Entitlements Category of Type of loss Compensatio Compensation Compensation Moving Other PAP n for loss of for loss of land for Loss of Allowance Assistance structures and other assets Income Land Tenants Loss of Compensation Lump sum For lost rental Free Disturbance / Business structure or at payment of 6 income, lump moving allowance Users business Full months’ rent per sum cash if to be Loss of rental replacement tenant / business payment of 3 notification determined accommodation value not user months’ rent before by PMU Loss of depreciated Per tenant. deadline business considering premise market prices for structures and materials N/A Encroachers Loss of land Where possible Crops at market Possible using land for Assistance in Rates, Employmen farming, etc. securing other For street t with access to land for vendors on right Civil works Crops growing of ways contractors, subject to possible access etc. and/or approval of local to other amount to authorities/comm sites/location be unities where they can determined legally work. by PMU Squatters Loss of shelter Compensation Disturbance living on site at full allowance replacement to be value for determined structure, by PMU relocation to resettlement site 6.2 Method of Valuation This involves the methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under law and such supplementary measures as are necessary to achieve replacement cost for the assets. Valuation of assets affected by the AGILE project will be conducted by a qualified surveyor. Page | 14 In Nigeria, the Land Use Act establishes the general principle for the calculation of the value of assets to be taken when occupancy rights are revoked. Compensation is paid for future rents paid, crops, and buildings and installations. The appropriate officials refund rents already paid for use after revocation of, the occupancy certificate. For structural improvements on the land, the amount of the replacement cost of the building" installation or improvement that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation" together with interest at the bank rate for delayed payment of compensation [Section 29 4(b)]. These principles are complemented by implementation regulations that provide detailed compensation rates determined by the State Government. Such rates are adjusted periodically by the State to reflect changing construction costs. A general principle that will be adopted in the formulation of the compensation valuation is that lost income and assets will be valued at their full replacement cost such that the project affected populations will experience no net loss. 6.3 Basis of Valuation To ensure that during the project implementation any person displaced/affected by the subprojects will be provided full replacement cost of lost structures and are able to rebuild or replace their structures without difficulties. The valuation will estimate building/structure compensation rates based on full replacement cost without depreciation. Key points which the valuation will take care of are as follows: 1. Collection of all relevant primary and secondary data on the affected property during final detailed valuation inspection and referencing to serve as basis for assessment of loss; 2. A comprehensive primary database for monitoring, evaluation and audit. Some relevant data to be captured by the Valuers will be: (i) Land • Capture location details of the land • Identify the boundaries of the area/section of the land to be affected • Take detailed measurement of the land area to be affected along the affected boundaries. (ii) Buildings (Immovable Structures) a. Photograph all affected immovable properties – Detailed internal measurement of buildings, shops and structures will be done. b. Collate property details which will include noting accommodation details, constructional details of affected parts and external works (fence walls, gates, pavements) affected owner’s details etc (iii) Temporary Structures (Movable Properties) Collate data on temporary structures by categorizing temporary structures based on constructional details (wall materials, affixed to concrete slabs or not), size of structure and use of structure (business/residential) and type of business. (iv) Intangible Assets (loss/impact arising from disturbance) Page | 15 Obtain relevant data on households affected (tenants, owners, relatives), apprentices/trainees and determine intangible loss on households, business and livelihoods. • Cultural property and community-owned facilities: Photograph all affected facilities. Obtain relevant data on use. In-kind replacement or compensation at replacement cost for land and structures (e.g. religious churches, mosques, private or community-operated schools, village meeting houses, local libraries). (v) Economic Crops and Fruit Trees: Photograph all affected farms crops, trees, Capture location details of the land, tree, crops etc. Identify the boundaries of the area/section of the land to be affected, Take detailed inventory of potentially affected trees/crops. Arrangements should be made to allow for harvest or market value should be paid for lost cash crops. The annual market value of crops for the previous 3 years is deemed appropriate as crop compensation. • Other assets: Tube wells, graves, fishponds, poultry houses, fences and other tangible assets should be replaced in kind (or with functional equivalents), relocated or be compensated at replacement cost. The basis of valuation would comply with the stated legal provisions and this necessitates that the basis of valuation must assess the “Open Market Capital Value”. The methods for valuation for the various losses are presented in Table 6.6 Table 6.6: Method of Valuation Type of Loss Method of Valuation/ Guideline Basis/Remarks Loss of Land Comparative Sales Method Based on the open market value of comparable recent land transactions Loss of Buildings and other civil Replacement Cost Method or Full replacement cost value as if works Comparative sales Method (Which new – recent construction cost rates. ever gives a commensurate value) Fences made of wood or wire is to be compensated at $3 per meter and for hang-dug wells the property owner is to be compensated $200 Loss of Business Income and Loss of Comparative Method Based on the average monthly net Business Goodwill profit. Payment of half of turnover for 6 months is to be paid and replacement cost for assets which cannot be moved. Where project activities such as Where there is such temporary construction of fences is likely to restriction compensation is based on affect communal land used for a lump disturbance fee of $100 grazing and subsistence farming and smallholder farms and may result in temporary restriction of access to homesteads, farms and communal lands. Loss of Income from Rent and Comparative Sales Method Based on the comparable rent Expenditure Incurred for Alternative passing, rent advance paid. S/he is to Page | 16 Accommodation during be paid 6 months’ rent equivalent reinstatement period for disturbance. S/he is also to be compensated for the assets which cannot be moved. For encroachers These are compensated by relocating to the site of choice with payment of rental fee for land. For crops, fences and wells, they are to be paid as mentioned above. For squatters Squatters are to be compensated at full replacement value for structures, relocation to the resettlement site with payment for site rent. There will also be a payment of lieu wages while rebuilding and a disturbance cost of $100. Expenditure incurred for Transfer of Comparative Method Based on truck/transport hiring movable properties and temporary charges structures Loss of Wages Comparative Method Based on Current Fees and Wages Loss of Fees from Apprentice Loss of Job Training Domestic Fruit and These trees have recognized local These trees will be compensated for Shade Trees market values, depending upon the under the umbrella of the village or species and age. Individual community compensation compensation for wild trees “owned” by individuals, which are in lands as defined in this policy, will be paid. Note that wild, productive trees belong to the community when they occur in the true bush as opposed to a fallow land. Crops on Farm Land Average of the highest 2018 official Temporary acquisition of and market survey land prices per ha agricultural land for planting season of staple food crops (millet, plantain, rice etc.), plus cash crops (e.g. Sorghum, maize, rice. Vegetable Gardens and The replacement costs therefore, will In cases where any individual(s) Beehives be calculated based on the average specialize in honey gathering and amount that an average town dweller beehives are placed in various spends on buying these items for one locations in the bush; if such hives year per adult from the local market would be disturbed by the project activities, or access to hives is denied, beekeepers can move them, and the bees will adapt to the new locations. Beekeepers would be compensated by the value of one Page | 17 season’s production costs of honey for each hive that is moved, and any reasonable costs associated with moving the hive. Structures • Compensation based on the Calculation for structures that may remaining extent of access or use. be affected at current market rate • If temporary land acquisition produces only minor inconveniences (for example, periodic destruction of access), compensation to restore the structure to its original condition and an inconvenience allowance can be paid. • If structures themselves are temporarily acquired, or if use of the structure is precluded, alternative comparable accommodations, a rental allowance for equivalent temporary housing, or payment for constructing a temporary structure of a reasonable standard can be provided. Compensation should be paid for any moving or restoration expenses. Economic Crops and Fruit Trees Compensation Rate The current prices for the crops will be determined considering the Government recommended rate and the highest market price, whichever is higher. Where land is rented, two seasons or annual crop estimates, depending on the crop, will be compensated. Where land is owned, aside from the replacement land or cash compensation for land, the owner will also get compensation for two seasons or annual crop estimates depending on the crop. The crops used will be the ones that are currently or have most recently been cultivated on that land. In addition, PAPs will be encouraged to harvest their produce before loss of land. In order to ensure that this is possible, and that appropriate market prices are received for yields, there needs to be enough consultation beforehand so that harvesting can be properly planned. The value of the labour invested in preparing agricultural land will be compensated at the average wage in the community for the same period. The rate used for land compensation should be updated to reflect values at the time compensation is paid. Fruit trees will be compensated to the owner based on the price of a replacement sapling along with the annual value of the fruit produced by that tree for the number of years it will take the sapling to reach full maturity, using Government or highest market price, whichever is higher. Page | 18 6.4 Mechanism for Voluntary Donation of Land (VLD): Procedure and Records Experience from other projects suggest that Voluntary Land Donation3 (VLD) is open to abuse and coercion, as such, it would not be encouraged on this project except in instances where the donation meets the requirements set out in the VLD guidelines below. VLD carried out by local communities do not trigger the Bank’s policy on Involuntary Resettlement, however, they may be based upon administrative or social coercion and may lead to unanticipated social impacts, particularly when they are not properly documented, or when they involve vulnerable or disadvantaged community groups. Consequently, VLD should only be authorized on this project if it can (a) clearly document Informed Consent; (b) clearly document Power of Choice; and (c) meet the VLD principle set out in this RPF. The principles have been put into place to ensure that donations are indeed voluntary, that the donor is the legitimate owner of such lands, and that the donor is fully informed of the purpose of the donation and of the implications of donating the property. If the land is donated on a conditional basis, the terms and conditions for the temporary use of the property must be clearly documented. Each instance of VLD in a sub-project location must be documented. This requires written notification indicating the location and amount of land that is donated and its intended use and a formal statement of donation, establishing informed consent and signed by each owner or user involved. Taxes to be paid by the land donor for registration of the land transfer, if applicable, should be covered in full by the project proponent. The project proponent will in all instance of VLD compile a report of the of the process as well as associated records and documents and forward a copy to the World Bank prior to commencement of civil works. Voluntary Land Donation principles a) The infrastructure must not be site specific; b) The impacts must be minor, that is, involve no more than 10 percent of the area of any holding and require no physical relocation. c) The land required to meet technical project criteria must be identified by the affected community, not by the project implementers (nonetheless, project implementers can help ensure that the land is appropriate for project purposes and that the project will produce no health or environmental safety hazards). 3 Voluntary land donation is strictly defined in international practice as the ceding of a property by an owner who is: a) fully informed; and b) can exercise free will, i.e., can ref use to sell or to donate. “Fully informed” means that the owner has complete information regarding the proposed activity and its impacts, its land requirements and its alternate activity sites, as well as his or her rights to compensation. The owner has also been provided with sufficient time to consider his or her disposition of the property, and the owner has knowingly rejected the right to renege on his or her initial decision. “Free will” means that the owner can reject the possibility of giving up his or her land Page | 19 d) The land in question must be free of squatters, encroachers, or other claims or encumbrances. e) Verification (for example, notarized or witnessed statements) of the voluntary nature of land donations must be obtained from each person donating land. f) If any loss of income or physical displacement is envisaged, verification of voluntary acceptance of community-devised mitigation measures must be obtained from those expected to be adversely affected. g) If community services are to be provided under the project, land title must be vested in the community, or appropriate guarantees of public access to services must be given by the private titleholder. h) Grievance mechanisms must be available. Page | 20 CHAPTER SEVEN: ORGANISATIONAL PROCEDURES 7.1 Project Coordination and Management Compensation and relocation of displaced persons will be funded like any other activity eligible under the Project’s administrative and financial procedures and will be described in more detail in the AGILE Project Procurement Manual. Each participating State Project Implementation Unit (PIU), in coordination with the Federal Ministry of Education Project Coordinating Unit (PCU) on the Adolescents Girls Initiative Learning and Empowerment Project, has the overall responsibility for implementing the Resettlement Policy Framework and for ensuring that all compensation, resettlement and rehabilitation activities are satisfactorily completed in the case of RAPs or Abbreviated RAPs before providing approval for disbursement of funds for subprojects in each state. Funding will be processed through the State PIUs (SPIUs) which will be set-up and staffed with several members including a Project Coordinator and a Financial Specialist, who will be appointed prior to project negotiations and credit effectiveness. The SPIUs will manage the day-to-day functions and project activities, inter alia, ensuring availability of funds and technical assistance at state levels. The key roles of the SPIU in terms of resettlement planning are to: 1. facilitate the discussion between the villages and the communes regarding compensation for land acquired for the subprojects where there is justification for land acquisition or voluntary donation; 2. monitor each of the Project Units’ work to ensure that the activities are carried out in a satisfactory manner; 3. organize the necessary orientation and training for the state, departmental and project 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; and 4. ensure that progress reported are submitted to the World Bank office on a regular basis. In addition to the SPIUs, the following Ministries in the participating states should be involved in resettlement actions: Ministry of Lands and Settlement (Physical Planning Department); Ministry of Finance; Ministry of Environment and Natural Resources; Ministry of Roads, Public Works and Housing; Ministry of Agriculture; and Ministry of Local Government/Local Authorities in the respective participating states, including wards and councils. 7.2 Compensation Process The compensation process for subprojects will involve several steps to be carried out in accordance with the measures set out in the subproject RAPs. These steps include the following: (a) Public Participation Page | 21 Public participation with local communities will be an ongoing process throughout resettlement planning. PAPs will be notified during the identification of subprojects and consulted with as part of the screening process. 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. (b) Notification Landowners whether through acquisition or voluntary are to be notified that their property is required for development of the subproject. In rural areas, the user will be informed through both a formal notification, both written and verbal, to be delivered in the presence of the village chief and the village Coordination Committee. To ensure that any sensitive areas are accurately identified during this procedure, all necessary authorities and community representatives (village chiefs, religious leaders, other elders and individuals who control fishing areas (where relevant), wild trees and beehives) will accompany the survey team to the site. (c) Documentation of Holdings and Assets Village officials, urban authorities, and the local community will arrange meetings with PAPs, and project affected families (PAFs) to discuss the compensation process. For each individual or household affected, the local community 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 must be confirmed and witnessed by village officials and will be kept up to date. This is necessary as it is possible for an individual to surrender parcels of land over time and can eventually become eligible for resettlement. All claims and assets should be documented in writing. (d) Agreement on Compensation and Preparation of Contracts The types of compensation to be given will be clearly explained to PAPs/PAFs. Where it involves the local community, a contract listing all property and land being surrendered will be drawn up, and the types of compensation (cash and/or in-kind) selected. The State Ministry of Education PIU on the Adolescent Girls Project will be responsible for approving this contract. A person selecting in-kind compensation then has an order form which is signed and then witnessed. This contract will then be read aloud in the presence of the affected party and the village chief and local leaders prior to signing. (e) Compensation Payments Any and all handling of property such as land and buildings and compensation payments will be made in the presence of the affected party and village chief and leaders. 7.3 Procedures for Delivery of Entitlements The procedure for delivery of entitlements will be detailed in each RAP. Each Project Management Unit of the participating states will follow approved procedures ensuring that: 1. Full payment of compensation is carried out before possession of acquired sites; Page | 22 2. Land/Asset Valuation Committee communicates the amount to be paid to the acquiring agency and the Lands Bureau will ensure that the amounts are fair and adequate. 3. The Adolescent Girls Project formally makes an offer to affected persons and allow persons to accept or reject offer, offer a counter claim and seek redress under the grievance procedures established; 4. Payments are made to the affected person personally by the PIU of the State Ministry of Education (SME) in the presence of Land/Asset Valuation Committee and an independent witness of the affected person/opinion leader. It is advisable that in the case of Households, the identified Breadwinner should receive the compensation. This will ensure that Women, who are the Breadwinners in majority of Households due to their vocation as Traders, are not marginalized and / or discriminated against based on their gender. 5. Cheques shall be the preferred as first mode of payment; however, payment may be by banker’s draft where the amounts involved are “minimal”. The SPIU shall decide with nearest bank to effect payments by banker’s draft; 6. Proper receipts are issued, and copies given to the affected person, the Accounts Department of the SPIU and the Land/Asset Valuation committee 7. Comprehensive Reports on payment made are submitted for review by Management of the Adolescent Girls Project and the Land/Asset Valuation committee. 8. In-kind compensation will be provided in the form of materials required to re-erect affected structures at no less than the existing standard of the asset being displaced by the project. Such in-kind compensation will be made prior to the destruction of the pre-project assets, such that no loss of shelter and/or income-generating activities occurs as result of the project. 7.4 Relationship with the World Bank’s Gender Strategy The World Bank’s new Gender Strategy with its emphasis on gender equality and poverty reduction will help to inform the project’s gender analysis to increase the potential benefits of a strong education sector equally accessible to all, irrespective of gender. Based on the Bank's Gender Strategy, this RPF ensures gender equity in entitlements and project benefits throughout the resettlement process. The Resettlement Action Plans must incorporate measures to ensure that women and men receive equitable compensation for assets and share equitably in the related livelihood support programs. 7.5 Source of Funds Any compensation for resettlement or loss of assets from the Adolescent Girls project will be funded by the State Government of the participating states and will comply with the financial arrangements agreed upon at project appraisal. Responsibility for establishing and maintaining acceptable Financial Management arrangements for the project will be handled by the Federal Ministry of Education to be incorporated into the Memorandum of Understanding to be signed with the participating Pilot States. Page | 23 CHAPTER EIGHT: GRIEVANCE REDRESS MECHANISMS 8.1 Introduction Grievance mechanisms are increasingly important for development projects where ongoing risks or adverse impacts are anticipated. For the AGILE Project, grievances are likely to arise where compulsory acquisition is to take place and a resettlement and compensation program will be implemented. The potential sources of grievance include the following: • Inventory mistakes made during census survey as well as inadequate valuation of properties or structure for shop/ kiosk owners occupying spaces within schools that the project displaced. • Delay in disbursement of compensation • Inadequate or lack of assistance with understanding the entitlement matrix • Improper documentation of free prior informed consent in the course of voluntary land donation by community. • Mistakes related to identification and disagreements on boundaries between affected individual(s) and specifying their land parcels and associated development with construction of fences. • Disputed ownership of a given asset (two or more affected individuals claim on the same) with respect to farms plots in abandoned part of school. • Where internally displaced individual(s) opt for a resettlement-based option, disagreement on the resettlement package (the location of the resettlement site does not suit them). • Health and safety risks, physical harm and nuisances associated with school construction/rehabilitation activities • Sexual exploitation and abuse Eligible Grievances are often determined based on four broad criteria: 1. Does the complaint indicate that the project has caused a negative economic, social, or environmental impact on the complainant, or has the potential to cause such an impact? 2. Does the complaint specify what kind of impact has occurred or may occur, and how the program has caused or may cause that impact? 3. Does the complaint indicate that those filing the complaint are the ones who have been impacted, or are at risk of being impacted; or that those filing the complaint are representing the impacted or potentially impacted stakeholders at their request? 4. Does the complaint provide enough information for GRM staff to decide on the first three questions? 8.2 Expectation When Grievances Arise When people present a grievance, they generally expect to receive one or more of the following: acknowledgement of their problem, an honest response to issues brought forward, an apology, adequate compensation, modification of the conduct that caused the grievance and some other fair remedies. Page | 24 In voicing their concerns, they also expect to be heard and taken seriously. Therefore, the Federal PMU, SPIUs, potential contractors and other responsible organisations and individuals must convince PAPs and other stakeholders that they can voice grievances and work to resolve them without retribution. To address these challenges, SPIUs are being called upon to lead and work with their host communities to fund non-judicial, dialogue-based approaches for preventing and addressing community grievances. 8.3 Grievance Redress Mechanism The Adolescent Girls Project Office will undertake a consultative process for the project that will provide ample opportunity to redress complaints informally, in addition to the existing, administrative and legal procedures. The Land Use Act provides two formal mechanisms for grievance redress, one administrative and one legal. In the first instance, a displaced person with an occupancy certificate can lodge a complaint over valuation with the Department of Land Services. The interested party may even engage an independent Valuer to appraise his or her property and provide the independent valuation as part of the dossier submitted for administrative departmental review. If the individual remains dissatisfied with the administrative review, he or she has legal recourse to the Courts as a last option for resolution of the matter. The Federal Ministry Education (FME) and its State Counterpart- State Ministry Of Education (SME) recognizes that formal legal mechanisms for grievance redress tend to be lengthy with acrimonious procedures and therefore will establish an informal grievance redress mechanism on the Adolescent Girls Project through its Project Management Unit (PMU) at the Federal Level and Project Implementation Unit (PIU) at the State Level respectively and coordinate grievance administration under the Environmental and Social Standard Unit. In addition, where displacement is unavoidable and displaced people are dissatisfied with the compensation and rehabilitation, the FME/SME will establish an informal forum for the presentation and consideration of individual complaints. The informal forum will include local government, and Ministry of Women Affairs and other concerned responsible parties, as deemed appropriate by the FME / SME. The existence, location, purpose and composition of this forum will be publicized, so that displaced persons are knowledgeable about the availability of this forum for resolving any grievance. The grievance mechanism is at no cost, and it is important that it is accessible, with special attention paid to accessibility for the disadvantaged and vulnerable individual or groups. If a grievance cannot be resolved in these informal venues, the complainant may take recourse to the administrative and legal systems for satisfaction. The scope of the grievance mechanism varies with the magnitude and complexity of this project and displacement involved and may call for additional staff with specific expertise to be designated and trained to address grievances related to social aspects of the project that are related to gender-based issues beyond resettlement. Page | 25 8.4 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 to seek 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 channelled via a Resettlement and Compensation Committee that will be formed at each sub project at the implementation 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. Table 8.1: Grievance Redress Procedure for Resettlement Cases proposed for the AGILE Project Step Category Activities 1 Reception • PAP files complaints or grievances about any aspect of the resettlement project and verbally, in writing or through a representative in English or local language. registration • The PAP’s first instance of lodging complaint is at the School level or the community or the “ward level”. If school or community or the ward cannot resolve the complaint, then the ward will bring it up to the School based management committee or local government. If the grievance can be solved at schools-based management committee or ‘local government level”, then it stops at that level. If the grievance is not resolved at the school-based management committee or “local government level”, then it is escalated to the state level (SME). If still unresolved, then a notification to the State Government (Ministry of Justice / Ministry of Land will be made. • Complaint recorded by the FME / SME with the name of the complainant, address and location information, the nature of the grievance and the resolution desired. • Grievance made acknowledged within 48 hours of receipt by an official authorized to receive grievances. 2 Resolution • All grievances referred to the appropriate party for resolution. • Resolution made within 10 days after receipt of grievance. • If additional information is needed, project management can authorize additional 15 days for resolution. • Results of grievances disclosed to the griever in writing with an explanation of the basis of the decision. • The resolution of the grievances will be handled by the “Social and Environmental Specialist” on the AGILE with the support of the Local Authorities in accordance to the provisions of ESS 5. 3 Appeals • Complainants dissatisfied with the response to their grievance may file an appeal. • In such cases, the responsible authority assembles “AGILE Project PIU (Project Coordinator” to hear cases including at least one disinterested party from outside the agency responsible for the resettlement project. • There will be no further redress available outside the resettlement project. In such cases, grievances would need to be pursued through the State Mediation Centre / Page | 26 Citizen’s Rights Protection Organisation or the Public Ombudsman / Public Complaints Commission 4 Monitoring During project implementation and for at least 3 months following the conclusion of the project, monthly reports will be prepared by the project Social Officer regarding the number and nature of grievances filed and made available to project management. The diagram below shows the simplified process for resolving Grievance adapted from operative approach on the global partner for education (GPE) project Figure 8. 1: Summary of the Grievance Redress Process 8.5 Management of Reported Grievances The procedure for managing grievances should be as follows: Page | 27 a) Each person responsible at its own level (schools, community, local government and the FME / SME) should disseminate their phone number for SMS complaints. b) The Adolescent Girls Project’s Social officer will be the direct liaison with PAPs in collaboration with the local government representative to ensure objectivity in the grievance process. c) Where the affected person is unable to write, the project Social officer will write the note on the aggrieved person’s behalf and duly thumb printed by the complainant. d) Any informal grievances will also be documented. 8.6 Grievance Log and Response Time The process of grievance redress will start with registration of the grievance(s) to be addressed, for reference purposes and to enable progress updates of the cases. Thus, a Grievance Form will be completed with the “Environmental and Social Officer” by the person affected by the project. The Form/Log (Table 8.2) should contain a record of the person responsible for an individual complaint, and the date the complaint was reported; date the Grievance Log was uploaded onto the project database (where provided); date information on proposed corrective action sent to complainant (if appropriate), the date the complaint was closed out and the date response was sent to complainant. The Project level “Social Officer” in recording all grievances will ensure that each complaint has an individual reference number and is appropriately tracked, and recorded actions are completed. In the case of a PAP not being satisfied by the “social and environmental officer’s” resolution, the PAP can appeal to the PMU (Project Coordinator) at the Federal level. Table 8. 2: Format for Grievance Redress proposed for the AGILE Project Community Type of Grievance Grievance Resolution project & awarded is inadequate Resettlement benefits Name of impacts and options Case referred to the Compensation not Date of complaint Complainant paid before assets Affected, but not awarded are not informed about Compensation Date received acquisition provided Pending Court other Schools/ Community Rep / Local Government Rep • Complainant • Complainant • Complainant TOTAL Page | 28 CHAPTER NINE: ARRANGEMENTS FOR FUNDING RESETTLEMENT AND IMPLEMENTATION PROCESS 9.1 Costs, Budgeting, and Financing This chapter summarizes basic financial and budgetary requirements for resettlement operations. It summarizes the relevant sections of ESS 5, outlines categories of costs that require identification and estimation, and provides guidance on estimating and budgeting resettlement costs and on Bank disbursement issues. Two basic principles of the Bank standards affect resettlement costs: resettlement must be minimized; and those affected by Bank projects should not bear the resettlement costs. Under ESS 5 “the Borrower will demonstrate restrictions on land use are limited to direct project requirements for clearly specified project purposes within a clearly specified period of time” When land acquisition or restrictions on land use (whether permanent or temporary) cannot be avoided, the Borrower 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 subject to provisions of paragraph 26 through 36 of this ESS.5” Therefore, it is especially important that resettlement costs be comprehensively identified early, accurately estimated, considers the level of uncertainty involved, build in contingencies, as appropriate. and fully internalized within the project and not be transferred to displaced persons (DPs), either intentionally or unintentionally. Most resettlement-related costs incurred in implementation can be placed in four budgeting categories: compensation, relocation costs, income restoration or costs, and administrative costs. Compensation: “Compensation” refers primarily to the cost of payment for expropriated land (including trees and crops that cannot be harvested), housing, structures, and other fixed assets, including assets acquired for temporary project use. It includes the costs incurred to help directly acquire substitute properties. Compensation costs also include the cost of acquiring resettlement sites with respect to affect persons. Compensation applies to vendors, enterprises, and other commercial operations, as well as residential units (households where staff quarters are affected). Community Infrastructure and Services Costs: Expropriated public land, buildings, structures, and other fixed assets are more often replaced than compensated. These costs can include those for replacing or restoring community facilities (for example, religious praying area/facilities) and public infrastructure (roads, bridges, irrigation works, cables line or utility line, etc.) and for providing access to potable water, fuelwood, grazing areas, or other resources needed to restore living standards. These costs include not only the infrastructure to be replaced, but also the associated services provided. The best approach is to avoid expropriation or at least minimize the adverse impacts of land taking by using, if feasible, less valuable land and avoiding expropriation of structures and other fixed assets to the extent feasible. Attention to the timing of land acquisition, for example permitting the harvest of crops will alleviate the need for crop compensation, but such compensation is usually a small cost in any Page | 29 resettlement operation. Timely payment of compensation can help avoid cost escalation resulting from inflation. Relocation Costs: “Relocation costs” refers to the costs associated with the physical relocation of people, businesses, livestock, and moveable assets. These include the cost of developing agricultural and residential resettlement sites; cost of transporting affected people and their assets to the resettlement sites particularly internally displace persons; any transfer fees, taxes, or other administrative costs; the costs of identifying new housing or land; and other costs, such as any expenses for shelter for DPs between the time of displacement and the time of relocation. Temporary housing can be a major charge to the project, especially when delays in construction create pressure for several relocations in a short period. Income Restoration or Improvement Costs Estimates of income restoration or improvement costs are typically based on proxies, such as training costs or the costs of providing credit. Alternatively, projects may typically assign a standard unit cost to income restoration or improvement activities. Although these approaches provide preliminary estimates for probable costs, actual costs are highly variable and can include subsidies and maintenance payments during the transition period. The socioeconomic surveys provide enough information to allow a more accurate estimation of costs. This income restoration cost or improvement cost will be applicable to the AGILE project where there are people displaced from IDP shelter based in existing school classroom. If surveys are not available for this purpose, budgets should earmark substantial contingency funds for these costs. Sometimes the income restoration strategy falters during implementation. Alternative income-generating strategies need to be developed, and this increases costs. If the failure of the initial strategy was the fault of inadequate planning and not the fault of DP implementation, then the costs of designing and implementing an alternative income restoration strategy should be borne by the project, not the DPs. Because Bank policy promotes provision of assistance to DPs to restore their livelihoods as the minimum acceptable outcome, no clear rule can be given for determining the limits of liability. Rather, project agencies must inform DPs as fully as possible about feasible income options and counsel them about the possible consequences of deciding on the basis of their short-term issues and concerns about relocation. Administrative Costs Administrative costs will vary with the scope and complexity of the project. In the AGILE project severe resettlement impacts are not envisaged except for where displacement occurs with schools earlier used as IDP camp, for example, a social worker may be needed for each group of families, so the number of administrative staff increases significantly with the size of the resettlement operation. Costs associated with office space, equipment, and vehicle requirements increase similarly. In addition, administrative costs will vary with the institutional arrangement for project implementation. Page | 30 9.2 Financial Flows, Arrangements, and Contingencies A good practice is to budget by the year as well as by the item building in mechanisms for financial flexibility, ensuring that funds flow for anticipated resettlement activities when needed and that funds are reserved for unanticipated contingencies as they arise for example by linking the flow of financial resources to the resettlement timetable. It may be advisable to establish financial earmarks or escrow accounts in anticipation of weak financial management or scarce financial resources from implementing states, designating funds that can be used for resettlement purposes only. Thus, projects with multiple subprojects such as the AGILE for which resettlement frameworks are prepared at the time of project appraisal need higher levels of contingency funds, because the scope and scale of resettlement may increase significantly during project implementation, when specific subprojects are identified. If contingency is assigned as a flat percentage of estimated resettlement costs, the percentage will logically be higher for projects requiring income restoration activities on any significant scale. Following standard project practice, both price and physical contingencies will need to be provided for resettlement particularly, if resettlement will be phased over a number of years. Price contingency is essential to counteract inflation so that payment of compensation and other expenses can be maintained in real terms. Financial responsibility: On the AGILE project the Federal Government of Nigeria through the Federal Ministry of Education is the sovereign borrower and ultimately responsible for meeting financial obligations. However, the project’s resettlement issues span across the States of the Federation and thus require action from multiple agencies. Thus, the sources of funds and mechanisms for timely delivery is outlined in Figure 9.1 below as will be relevant to participating states. Table-9.1 indicates what is eligible for financing under the bank loan. Table 9.1: Resettlement Aspects Eligibility for Financing out of the Bank Loan S/N Category Description Mode of payment Eligibility for Financing out of the bank Loan 1 Compensation Land Cash or in kind Not eligible Structures Cash, Not eligible* Building material, Built housing Crops Trees Cash Not eligible* 2 Allowance Transition subsistence Cash or in kind Not eligible* allowance Payment to Training Eligible Training cost Institute allowance Payment to AP during the Not eligible* training Cash Not eligible* Allowance for business loss Cash Not eligible* Repair cost In kind Eligible. Cash payment is not eligible Page | 31 Transport 3 Resettlement Civil works Eligible Site Consultants fee for surveys, site-planning Eligible and technical design during project implementation Management and Eligible supervision fee to consultants during project Not eligible implementation Fee paid to government departments for review and approval of plans and designs 4 Resettlement Costs incurred by Payment by cash Eligible through project Plan Executing Agency preparation technical Preparation assistance 5 Public Costs of replacement Payment by cash Eligible facilities and of affected infrastructure infrastructure 6 Fee and taxes Fee and taxes paid to Payment by cash Not eligible different government agencies for review of designs and RPs 7 Resettlement Costs incurred by Payment by cash Only the incremental Plan Executing Agency costs incurred for RP implementation implementation are and eligible supervisionn 8 External Fee paid to Payment by cash Eligible monitoring independent monitoring agency or consultants Page | 32 Flow of Funds for Resettlement and Rehabilitation Budget Process Disbursements Procedure Infrastructure of compensation payments Approved by state legislature & Finance Flow Dept. scrutinizes and of authorization includes - April becomes part of approved state budget it in state Annual Plan Budget May or June Flow of funds Finance Dept. scrutinizes and Economic includes it in state Annual Plan April or May Budget Rehabilitation Infrastructure March March or April Component/ State dept. SPIU discussions State dept. to CE concerned puts it in State dept. of Education at state level with along with quarterly conveys it to SPIU statewide budget state Finance Min withdrawal limit January Chief engineer (CE) consolidates Project Discuss at State level for CE conveys to SPIU spend money budget into total Inclusion of proposals Project authority directly on econ. Requirements in his into SPIU annual budget Rehab. Per project jurisdiction plans December Project Disbursement authority SPIU (for Infrastructure Social or non-compensation- Prepares Safeguard annual Specialist Schools Project related Entitlements) Treasury State budget Prepares land authority submits (payment of Bank Requireme Acquisition compensation Proposal to SPIU nt Based on requirement physical as applicable plants and in pilot state cost estimates Figure 9.1: Flow of Funds for Resettlement and Rehabilitation 9.3 Implementation Process 9.3.1 Implementation Schedule For each subproject, a detailed implementation schedule of the various activities to be undertaken will be included in each project’s RAP. Likewise, for each subproject, resettlement schedules will be coordinated with the civil works schedules. Payment of compensation and provision of other rehabilitation entitlements (in cash or in-kind), and relocation if that is the case, will be completed at least one month prior to the scheduled start-up date of works in the respective work site. 9.3.2 Preparation and Review of RAPs during Project Implementation At this stage in project preparation, it is not possible to predict the number of RAPs which will be produced during the 1st year of project implementation. Once the subproject applications along with RAPs are submitted for review, the relevant national regulatory authorities being the Federal Ministry of Environment have a certain time frame set for review of the documents (often being 1-2months). This time frame will be agreed to by Federal Ministry of Education once the Resettlement Policy Framework has been accepted by the Government. Page | 33 9.3.3 Annual Performance Audit An annual performance audit will be carried out once a year in line with the suggested audit format outlined in the Environmental and Social Guidelines Manual, preferably by independent consultants hired by Federal Ministry of Education in order to ensure that RAPs are being prepared in compliance with the Resettlement Policy Framework and the ESS5, and that compensation has been carried out satisfactorily. The audit report will be submitted to Federal Ministry of Education and to the World Bank for clearance. Page | 34 CHAPTER TEN: STAKEHOLDER ENGAGEMENT, CONSULTATION AND DISCLOSURE 10.1 Introduction Public consultation and participation are essential because they afford potential displaced persons the opportunity to contribute to both the design and implementation of the activities and reduce possibility of conflict between FME / SME Adolescent Girls Initiative Learning and Empowerment Project contractors and the communities. WB’s ESS10 on Stakeholder Engagement and Information Disclosure recognizes the importance of open and transparent engagement between the Borrower and project stakeholders as an essential element of good international practice. Effective stakeholder engagement can improve the environmental and social sustainability of projects, enhance project acceptance, and make a significant contribution to successful project design and implementation. Stakeholder engagement is an inclusive process conducted throughout the project life cycle. Where properly designed and implemented, it supports the development of strong, constructive and responsive relationships that are important for successful management of a project’s environmental and social risks. Stakeholder engagement is most effective when initiated at an early stage of the project development process and is an integral part of early project decisions and the assessment, management and monitoring of the project’s environmental and social risks and impacts. For this RPF, “stakeholder” refers to individuals or groups who: (a) are affected or likely to be affected by the project (project-affected parties); and (b) may have an interest in the project (other interested parties). Project-affected parties Project-affected parties under AGILE Project include those households and communities that are likely to be impacted in the project area from selected pilot states- where component 1 and 2 activities of the project are to be implemented. The project has identified project-affected parties’ interests and roles in the project’s design, implementation and decision-making processes. Project activities under this component will likely result in clearance of vegetation, crops, for construction/ rehabilitation of classrooms and toilets in existing schools or in voluntarily donated land in community. Additionally, other project activities such as construction of fences is likely to affect communal land used for grazing and subsistence farming and smallholder farms and may result in temporary restriction of access to homesteads, farms and communal lands. Therefore, communication on the timing of works will be a crucial component of minimizing impacts. The overarching implementation and monitoring of the stakeholder engagement plan will be the responsibility of State Project implementation unit. The direct responsibility of implementation is the responsibility of the project coordinator, and the project social officer. Other interested parties Page | 35 Other interested parties include individuals, groups, or organizations with an interest in the project. Their interest could be because of the sub-project location, its characteristics, and its impacts, or other matters related to the broader public interest. These parties may include regulators, government officials, the private sector, the scientific community, academics, unions, women’s organizations, other civil society organizations, and cultural groups. The project has and will continue to identify other interested parties’ interest and roles in the project’s design, implementation and decision-making process. The AGILE Project has undertaken preliminary stakeholder identification exercise and has developed a list of all the actors that may affect the project design and outcome. Details are discussed in the stand-alone Stakeholder Engagement Plan for the project. Public consultation will take place at the inception of the planning stages of the Resettlement Action Plan. The participation strategy would evolve around the provision of opportunity for involvement. This process would not be a one - off because of the nature of the project, which through its implementation and design ensures consultation, public participation and involvement at the local level. Hence, Project Affected Persons will be consulted and involved in all resettlement activities such as planning, implementation and monitoring. Their involvement provides them with greater understanding of the project, potential resettlement issues (risks, impacts, benefits etc), and gives them opportunities to voice out their opinion/concern about the project, to promote successful project implementation. Mechanism for community entry, consultation and participation of PAPs will be addressed in the RAPs for the sub-projects and will be defined by cultural prescriptions which will be carefully studied and adhered to in each affected community. The mechanisms will include public meetings in community town hall, school-based management committee meetings, participation in site preparation, resettlement committees for PAPs and communities and inter- agency committees for participating stakeholders. Public meetings/ Community Forums: meetings with Community Leaders, School Management Based Committees, Men and Women, and PAPs as individuals (during the survey) and in their groups. FME / SME Project Office shall utilize the developed Stakeholder’s Engagement Plan in the course of the projects. The Media and Communication, and Social Units of FME /SME of the Project Office will oversee ensuring this plan is implemented. Another tool to be used by the FME / SME Adolescent Girls Project Office is to keep in constant close touch with stakeholders and to disseminate information through their website, social media platforms such as Instagram, WhatsApp, telephone texts, Facebook tool to interface the public and engage with its Stakeholders. Consultations with the communities are a key component of any resettlement exercise as they give an opportunity to the community, particularly the PAPs, to participate in the project. It is important for the consultation process to be documented. Page | 36 Table 10. 1: Mechanism for consultation with and participation of displaced person in the AGILE Project Cycle Project Stage Objective Consultation Target Stakeholder Key Activities mechanism Planning To gain a Public meetings the relevant State or Provide information about key phase- preliminary local government provisions of this Framework: - One on one Preparatory understanding of authority (to be interviews Inform on project designs to process for the the scope of the determined). obtain inputs on design and RPF and Project, Focus group School Management implementation subsequent appropriate and discussion Authorities (to be RAPs/ ARAPs legislated inform that they are not Questionnaire determined) engagement obligated to voluntarily requirements and administration Community forums contribute land for subproject relevant such as high-level purposes Survey/ census stakeholders. women association Stakeholder inform that involuntary Mothers workshop acquisition of land without Association, Girl appropriate compensation is not Child Education permitted, and that lodging of a Champions in valid objection by an affected community) landowner will be sufficient Potentially affected cause for subproject approval to individuals, be delayed or withheld To ensure wide Radio, local Disclosure of the RPF And RAP publicity to newspaper documents to ensure stakeholders relevant relevant to and PAPs are informed about: - stakeholder project area, • the entitlement to councils / replacement in kind or community level compensation at replacement display of cost; documents • methods to be used in establishing compensation On completion rates; of the RPF and • procedures for pursuing RAP grievances, including contact information; • Information should be presented in a language and medium accessible to those potentially involved or affected; • Document comments received from the stakeholders; • Share with the World Bank for comments; • Incorporation of stakeholders and World Bank comments. Page | 37 Implementation Public meeting, Project Affected The information will be made to & Monitoring focus group Persons, and each household on entitlement discussions, Institutional eligibility criteria, modes of Of the RAP/ committee stakeholders such as compensation complaints and ARAP before meetings, and state and local grievances resolution procedures. civil works workshop at government Involvement in site preparation: During civil suitable locations authorities on Participation will also be fostered work phases such as; education and land through use of local know-how Community and community Monitoring of and materials; the contractor will town halls, the development project cycle be encouraged to use local people Assembly Hall and at project to supply materials and goods of the Selected closure needed for the sub-project Schools, and the implementation. official residence or offices of the Group formation: using existing local leaders groups or assisting PAPs to form Others include groups provides institutional information framework for participatory dissemination resettlement. through project website, social Involvement in resettlement media platforms committees and monitoring such as teams: participation in Instagram, committees would be one of the WhatsApp, key mechanisms for involvement telephone texts, of PAPs in the planning, Facebook tool to implementation and monitoring interface the of the RAPs. public and engage with its stakeholders. 10.2 Disclosure The Federal Ministry of Education will disclose this Resettlement Policy Framework by making copies available at its Head Office, participating State’s Ministry of Education, relevant Local Government Council, the State Ministry of Environment, State Ministry of Women Affairs and youth Development and other stakeholders of the State Education Sector. The participating State Government through the State Ministry of Education will also submit it to the Federal Ministry of Environment who will formally announce through Newspaper Advertisement, the Public Disclosure in the above-mentioned locations and also in its Offices in Abuja and the participating States. Further, it should also be posted online, and that location be publicized, especially to NGOs Likewise, all RAPs to be prepared under the Adolescent Girls Project, when completed, will be disclosed by the Federal Ministry of Education in conjunction with the participating States Ministries of Education, which will make copies available at its office, relevant Local Page | 38 Government Councils, the State Ministry of Environment and other stakeholders of the State Education Sector. Each participating State Government and its State Ministry of Education will also notify the Federal Ministry of Environment of the Public Disclosure to enable it formally to inform the general public through Advertisements in 2 National Newspapers popular in the locality as required by extant regulations. Further to this, the RAPs will be disclosed in the affected Selected Colleges or community, conducting meetings to discuss the plan. The meetings will be conducted at the places where the resettlement will take place. Also, the Executive Summary of the RPF and of any RAP prepared under the AGILE Project / sub-projects will be made available in the local languages and disclosed in locations accessible to all the stakeholders to give it as wide publicity as is possible. 10.3 Consultation Summaries from Visited States Meaningful consultation in a manner that provides stakeholders with opportunities to express their views on the project risks, impacts, and mitigation measures, were conducted from the 16th -18th October and 30th October – 1st November in Ekiti and 23rd - 25th October in Kano through interviews and focus group discussions. Meaningful consultation will be carried out on an ongoing basis as the nature of issues, impacts and opportunities evolves. Feedback obtained from the consultations elucidated that the social barriers to education for the girl child are multifaceted, interlinked and complex. They are summarized in table 10.2 below. Table 10.2: Summary of Consultation Dates: 16th -18th October 23rd - 25th October and 30th October – 1st November Location: Ekiti and Kano Participants: Project Team from the Federal Ministry of Education, Abuja; Mothers’ Association, Environmental and Social Standard Consultants at the Government Girls Secondary School, Yargaya; Kano State. MDA officials, Consultants, Mary Immaculate Girls School Principal and PTA, Ekiti state S/N Stakeholder Concerns raised by stakeholders Response provided Group 1. Community The community members mentioned some The stakeholders were informed that the members/ PTA factors that hinder girl-education in the Project will aim to address concerns raised. community. They include; ▪ financial barriers (caused by the direct and indirect cost of education), ▪ distance to school, ▪ linguistic barriers, ▪ security concerns, ▪ Gender in-equality and ▪ intolerance. ▪ Early Marriage/ Early Pregnancy in consensual marriage ▪ Wage -earning activities to cope with immediate and urgent needs Page | 39 ▪ classrooms and teaching infrastructural challenges and adequacy 2. Ministry of Key areas of concern to the policy and Need for orientation of staff and non- Education and technical officers at the ministry of teaching staff to achieve the target goals and school authorities education and women affairs were support sustainability of the project in the longer term • inconsistency in implementing educational policies by successive governments; • shortage of teaching and non-teaching staff; • inadequate teaching materials; • competency of teaching staff in continuous assessment, • poor remuneration of staff; • Dilapidated infrastructures; inadequate teachers/students’ furniture; • poor boarding facilities • over dependence on government in responsibility of education to children on the basis of free and compulsory education Adolescent girls The girls were happy for such a project The girls were informed on some of the development and looked forward to it, activities the project will promote such as however their concerns centred on improving school facilities conditions, Scholarship grants to support skills • the school’s infrastructures which are acquisition and family support which will of low-grade materials enable more girls complete their education. • lack of sanitation, toilets and water facilities • acquisition of skills that supports their earning power in future • cultural enlightenment that needs to be sustained over a longer term Plate 10.1: Lack of furniture Page | 40 Plate 10.2: Dilapidated Classroom & Classroom converted to Toilet Plate 10.3: Group Photograph with the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association and Environmental and Social Standard Consultants at the Government Girls Secondary School, Yargaya; Kano State Plate 10.4: Pictures in Consultation of Ministry officials and Consultants with Mary Immaculate Girls School Principal and PTA, Ekiti state. Page | 41 CHAPTER ELEVEN: ARRANGEMENTS FOR MONITORING AND EVALUATION Monitoring and evaluation are fundamental components of the Resettlement Policy Framework and they will be carried out on a continuous basis. 11.1 Monitoring Monitoring will take place during the implementation of the resettlement policy framework and will consist of both internal and external monitoring. a. Internal Monitoring The Project Management Unit of participating states will be required to provide monthly reports on progress on the identification and acquisition of land, progress in the compensation of PAPs and the level of their participation in project activities. These reports will be an integral part of the project monthly reports and make an integrated resettlement report in the annual M&E report to the Project Steering Committee of the Federal Ministry of Education and the World Bank. b. External Monitoring External monitoring will be done by the FMEnv, State Ministry of Women Affairs and Youth Development and/or a qualified NGOs working in the area. The frequency and scope of this monitoring will be determined in the Memorandum of Understanding to be signed between the relevant ministries and the PMU The monitoring system will: • alert PMU and the Project Steering Committee on the necessity for land acquisition in any sub-project proposal; • provide timely information about the valuation and negotiation process; • report any grievances that require resolution; and • document timely completion of the sub-project resettlement obligations for all permanent and temporary loses, as well as unanticipated, additional construction damages. • Community Monitoring • As part of promoting greater community participation and involvement in the project and also to promote a sense of ownership, the community will be involved in the monitoring of the implementation of the RPF. For this purpose, they need to be adequately sensitized land issues and transfer procedures and conditions governing such transfers. This will create a better understanding of the land issues as they relate to the project. 11.2 Evaluation An evaluation will be done to determine whether the efforts to restore the living standards of the affected population have been properly designed and executed. The following are the objectives of the evaluation: Page | 42 • General assessment of the compliance of the implementation of the Resettlement Action Plan with general objectives and methods as set in this document; • Assessment of the compliance of the implementation of the Resettlement Action Plan with laws, regulations and Environmental and Social Standard 5 (ESS 5) policies; • Assessment of the consultation procedures that took place at individual and community level, together with the Central Government and Local Government levels; • Assessment of fair, adequate and prompt compensation as they have been implemented; • Evaluation of the impact of the compensation on income and standard of living; • Identification of actions, as part of the on-going monitoring, to improve the positive impact of the program and mitigate its possible negative impact if any. Preferably the evaluation should take place after all RPF activities have been completed including development initiatives, but before the financial commitments to the program are finished. This will allow the flexibility to undertake any corrective action that the auditors may recommend before the project is completed. 11.3 Indicators for Monitoring and Evaluation 11.3.1 Monitoring Indicators Indicators are set of targets prepared at project design against which project progress or otherwise can be measured. The monitoring indicators can be summarized as follows: • number of PAPs who have left the area by type by category comprising owners who have lost land or structures as well as tenants and employees who have lost their place of work, and the number remaining; • number, type, and value of cash and in-kind compensation payments made; • Number of people relocated, receiving income restoration, etc • number and type of grievances redress applications, type of grievance made, and manner of resolution; • how long resolution took and how many were resolved, and number not resolved • Issues brought to the notice of the PMU handling the resettlement process by PAPs and the mode of settlement used. 11.3.2 Evaluation Indicators Similarly, the evaluation indicators are also summarized below: 1. the quality and effectiveness of stakeholder engagement conducted and duration; 2. The numbers of PAPs relocated based on initial estimates. 3. the number of compensations disbursed by type/ category of PAP, including the ability to comply with the terms of compensation contained in the RAP; 4. % or number of grievances received, number resolved, and number left unresolved and why? 5. how well impacts were mitigated/resolved Page | 43 6. % or number of PAPs compensated and % or number that have regained their incomes activities 11.4 Completion Audit 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. This completion audit will verify that all physical inputs earmarked in the RAP have been delivered and all services provided. The audit 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. To be effective, the completion audit 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. Page | 44 ANNEXES ANNEX 1: RESETTLEMENT PLAN The scope of requirements and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed project and its potential impacts on the displaced persons and other adversely affected groups, (b) appropriate and feasible mitigation measures, and (c) the legal and institutional arrangements required for effective implementation of resettlement measures. Minimum Elements of a Resettlement Plan 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 socio-economic 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 households, 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 cut- off date, providing a basis for excluding ineligible people from compensation and resettlement assistance; and (f) establishing baseline conditions for monitoring and evaluation purposes. (g) As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: (h) 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; (i) 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 (j) social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, Page | 45 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 ESS 5, 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 cut-off dates. 8. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation for land, natural resources and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. 9. Community participation. Involvement of displaced 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 persons regarding options available to them; and (d) institutionalized arrangements by which displaced 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. Page | 46 12. Grievance redress mechanism. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from displacement 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 outcomes. Additional Planning Requirements where Resettlement involves Physical Displacement 15. When project circumstances require the physical relocation of residents (such as internally displaced persons (IDP), resettlement plans require additional information and planning elements. Additional requirements include: 16. Transitional assistance. The plan describes assistance to be provided for relocation of household members and their possessions (or business equipment and inventory where applicable). The plan describes any additional assistance to be provided for households choosing cash compensation and securing their own replacement housing, including construction of new housing. If planned relocation sites (for residences or businesses) are not ready for occupancy at the time of physical displacement, the plan establishes a transitional allowance sufficient to meet temporary rental expenses and other costs until occupancy is available. 17. Site selection, site preparation, and relocation. When planned relocation sites are to be prepared, the resettlement plan describes the alternative relocation sites considered and explains sites selected, covering (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is better or at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (b) identification and consideration of opportunities to improve local living standards by supplemental investment (or through establishment of project benefit-sharing arrangements) in infrastructure, facilities or services; (c) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (d) procedures for physical relocation under the project, including timetables for site preparation and transfer; and (e) legal arrangements for regularizing tenure and transferring titles to those resettled, including provision of security of tenure for those previously lacking full legal rights to land or structures. 18. Housing, infrastructure, and social services. Plans to provide (or to finance local community provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to maintain or provide a comparable level of Page | 47 services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 19. Environmental protection and management. A description of the boundaries of the planned relocation sites; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 20. Consultation on relocation arrangements. The plan describes methods of consultation with physically displaced persons on their preferences regarding relocation alternatives available to them, including, as relevant, choices related to forms of compensation and transitional assistance, to relocating as individual households families or with pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and for relocation of, or retaining access to, cultural property (e.g. places of worship, pilgrimage centers, cemeteries). 21. Integration with host populations. Measures to mitigate the impact of planned relocation sites on any host communities, including (a) consultations with host communities and local governments; (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided in support of planned relocation sites; (c) arrangements for identifying and addressing any conflict that may arise between those resettled and host communities; and (d) any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to meet increased demands upon them, or to make them at least comparable to services available within planned relocation sites. 22. If land acquisition or restrictions on use of, or access to, land or natural resources may cause significant economic displacement, arrangements to provide displaced persons with sufficient opportunity to improve, or at least restore, their livelihoods are also incorporated into the resettlement plan, or into a separate livelihood’s improvement plan. These include: 23. Direct land replacement. For those with agricultural livelihoods, the resettlement plan provides for an option to receive replacement land of equivalent productive value or demonstrates that sufficient land of equivalent value is unavailable. Where replacement land is available, the plan describes methods and timing for its allocation to displaced persons. 26. Loss of access to land or resources. For those whose livelihood is affected by loss of land or resource use or access, including common property resources, the resettlement plan describes means to obtain substitutes or alternative resources, or otherwise provides support for alternative livelihoods. 24. Support for alternative livelihoods. For all other categories of economically displaced persons, the resettlement plan describes feasible arrangements for obtaining employment or for establishing a business, including provision of relevant supplemental assistance including skills training, credit, licenses or permits, or specialized equipment. As warranted, livelihood planning provides special assistance to women, minorities or vulnerable groups who may be disadvantaged in securing alternative livelihoods. 25. Consideration of economic development opportunities. The resettlement plan identifies and assesses any feasible opportunities to promote improved livelihoods as a result of Page | 48 resettlement processes. This may include, for example, preferential project employment arrangements, support for development of specialized products or markets, preferential commercial zoning and trading arrangements, or other measures. Where relevant, the plan should also assess the feasibility of prospects for financial distributions to communities, or directly to displaced persons, through establishment of project-based benefit-sharing arrangements. 26. Transitional support. The resettlement plan provides transitional support to those whose livelihoods will be disrupted. This may include payment for lost crops and lost natural resources, payment of lost profits for businesses, or payment of lost wages for employees affected by business relocation. The plan provides that the transitional support continues for the duration of the transition period. Page | 49 ANNEX 2: CONSULTATION AND SITE VISITS PHOTOS PHOTOS FROM THE VISIT TO GOVERNMENT GIRLS SECONDARY SCHOOL YARGAYA Plate A.1: Dilapidated structures -The school abandoned Hall Plate A.2 The School kitchen Page | 50 Plate A.3: Lack of school furniture PHOTOS FROM GOVERNMENT GIRLS SECONDARY SCHOOL MAIKWATASHI Plate A.4: School toilets Plate A.5: Abandoned classroom Page | 51 Plate A.6: Security fence breach PHOTOS FROM GOVERNMENT GIRLS SECONDARY SCHOOL PANISAU Plate A.7: Lack of furniture Page | 52 Plate A.8: Group Photograph with Mrs. Lauratu Ado Diso, Permanent Secretary Kano State Ministry of Education Plate A.9: Group Photograph with the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association and Environmental and Social Standard Consultants at the Government Girls Secondary School, Yargaya; Kano State Page | 53 Plate A.10: Government Girls Secondary School, Yargaya; Kano State Plate A.11: Photograph with Dr. Halima Rabiu Abdullahi, Executive Secretary, Agency for Mass Education, Kano Plate A.12: Consultation with the Principal, Government Girls Secondary School, Yargaya; Kano State by the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association, Environmental and Social Standard Consultants Page | 54 Plate A.13: Consultation with the Kano State Ministry of Education Officials by the Project Team from the Federal Ministry of Education, Abuja, Mothers’ Association, Environmental and Social Standard Consultants. Plate A.15: Consultations with the Principal of Panisau-Hajia Umma Ibrahim Bulai Page | 55 Plate A.16 : Consultation with Principal GGSS Maikwatashi Table A.1: List of Stakeholders consulted in Kano State S/No. Names Designation Organisation 1. Mrs. Lauratu Ado Diso Permanent Secretary Kano State Ministry of Education 2. Dr. Halima Rabiu Executive Secretary Agency for Mass Education, Kano Abdullahi 3. Dr. Danlami Hayyo Executive Chairman Kano SUBEB 4. Alhaji Nasir Abdullahi Board Secretary Kano Schools Management Board Kwalli 5. Abdusshakur Abba Nuhu Director Kano State Ministry of Education 6. Musa Idris Musa Deputy Director, Kano State Ministry of Education Statistics & EMIS 7. Hajia amina Umar Director Kano SUBEB 8. Hajia Uwani Ahmad Principal GGSS Yargaya Balarabe 9. Hajia Salamatu Garuba Proprietor WOFAN 10. M. D Abubakar Chairman/ CEO L and Z Integrated Farms Ltd. Community champion promoting and sponsoring girls’ education in Kano Communities Page | 56 Consultations in Ekiti State Plate A.17: Consultations with Ministry of Education official, SEPIP Project Teams and Ministry of Women Affairs official with Environmental and Social Standard Consultant. Page | 57 Plate A.18: Consultation of Ministry officials and Consultants with St Louis Girls School Principal Plate A.19: Consultation of Ministry officials and Consultants with Mary Immaculate Girls School Principal and PTA Page | 58 Ekiti stakeholders Attendance sheet Page | 59 There are 7 Girls-only Secondary Schools in Ekiti State made up of 5 State owned Schools, 1 Federal Government owned School and 1 Private owned. Our Team members visited 1 Boys-only and 5 Girl-only Public Secondary Schools in Ekiti State 1. CHRIST SCHOOL ADO EKITI (founded in 1933) Population/Enrolment: 1,836 students. 250 students in Boarding House Teachers: 87 Each class has an average of 55 students Toilet facilities: Non-existent within the School Area though there are some Toilets in the Boarding House. NEEDS: Inadequacy of Classrooms, Teachers; most students find it difficult to pay Tuition. Table 5.2: List of Stakeholders consulted in Christ School, Ado Ekiti, Ekiti State Page | 60 S/No Name Designation 1. Dr. Adekunle A. Babalola Principal 2. Mrs. Adewale Gbonjubola Guidance Counsellor 3. Mrs. Bamgboye Oluwatoyin Guidance Counsellor Block of Classrooms Dilapidated Classroom converted to Toilet School Principal Overview of the School Plate A.20: An overview of the Christ School, Ado-Ekiti 2. CHRIST GIRLS, ADO-EKITI Population/Enrolment: 1,522 students; 400 in Boarding House Teachers: 75 Toilet facilities: Grossly inadequate especially in the Classroom Area NEEDS: Incinerators, toilets, additional Classrooms Teachers, and Hostels, solar panels and inverters to enhance Security, Boreholes for provision of water to improve Sanitation Table 5.3: List of Stakeholders consulted in Christ Girls, Ado Ekiti, Ekiti State S/No Name Designation 1. Mrs. Oluremi Esan Principal 2. Mrs. Funmilayo Omoyajowo Guidance Counsellor 3. Mrs. Mercy Olatunji Guidance Counsellor Page | 61 School Entrance Waiting to fetch water Discussions with the Principal & TESCOM Officials View of the Classrooms Plate A.21: An overview of the Christ Girls School, Ado-Ekiti 3. MARY IMMACULATE SCHOOL, ADO-EKITI ( founded in January 1967) Population: 1,553. 120 Students in Boarding House Teachers: 84 Toilet Facilities: Grossly inadequate NEEDS: Additional Classes, Toilets, Water Supply and Teachers Table 5.4: List of Stakeholders consulted in Mary Immaculate School, Ado Ekiti. S/No Name Designation 1. Mrs. Adejoke Omogbemi Principal 2. Mrs. S. O. Bamisile Guidance Counsellor 3. Mr. O. P. Atoba Guidance Counsellor Page | 62 School Entrance Gate School Organogram Discussion with the Principal & TESCOM Officials, PTA View of the School Compound Plate A.22: An overview of the Mary Immaculate School, Ado-Ekiti 4. ST. LOUIS IKERE EKITI (founded on 3rd February 1961) Population: 1,472 with 961 in Boarding House (including all JSS 1 Students) Teachers: 95 Outstanding Achievements: Functioning bakery, Apiary (Honey Collection), Hat Making and Hair-dressing Section, Presence of CCTV Cameras and security systems, Sewing/Tailoring section under construction, Clinic, Presence of school sports complex (Football pitch, volleyball, Tennis, and basketball courts NEEDS: Power supply improvement, Boreholes for constant Water Supply, Modern Kitchen (environment and health friendly cooking gas systems for practical skills to the students), Toilets, Visiting Doctors, more sport facilities Page | 63 Table 5.5: List of Stakeholders consulted in St. Louis School, Ikere Ekiti, Ekiti State S/No Name Designation 1. Mrs. Rhoda Ojo Principal 2. Mrs. Toyin Adejemilua Vice Principal 1 3. Mrs. Eunice Iyabo Adegoke Vice Principal 2 4. Mr. Joshua Ajayi Ajibare Vice Principal 3 5. Mrs Dunni Elizabeth Ajayi Vice Principal 4 6. Mrs Olajuini Funmilola Olubusola Guidance Counsellor Classroom Block CCTV System Discussion with Principal & TESCOM Kitchen Produce from the School Bakery Tuck Shop & hairdressing Section Page | 64 Fire-wood operated Oven at the Bakery Plate A.23: An overview of the St. Louis School, Ikere-Ekiti 5. METHODIST GIRLS HIGH SCHOOL IFAKI EKITI Population: 453 Teachers: 43 Toilet Facilities: Non-existent Table 5.6: List of Stakeholders consulted in Methodist Girls High School, Ifaki Ekiti. S/No Name Designation 1. Mrs. Ogundipe B.A Principal 2. Mrs. Deborah Monisola Ajayi Vice Principal 3. Mrs. R. A. Adewunmi Guidance Counsellor Needs: No Resident Doctor or Nurse to keep clinic running, 3 Blocks of Hostels with a capacity for 300 Students each require renovation, Poverty of students’ families, No care for students during menstruation, Inadequate toilet and sanitary facilities, security challenge (fencing needed). Entrepreneurship: Non-functional tiles making unit/machines, haphazard palm oil processing unit Palm Kernel Harvesting Palm Kernel Harvesting Page | 65 Dilapidated Buildings Dilapidated Classrooms Dilapidated Classrooms School Clinic Dilapidated Classrooms Dilapidated Classrooms Dilapidated Classrooms Dilapidated Classrooms Plate 5.24: An overview of the Methodist Girls High School, Ifaki Ekiti Page | 66 6. ST. MARY’S ANGLICAN GIRLS GRAMMAR SCHOOL IKOLE-EKITI (founded 1st February 1964) Population: 412 Teachers: 30 Table 5.7: List of Stakeholders consulted in Mary’s AGGS School, Ikole Ekiti. S/No Name Designation 1. Mrs. A. K. Olukowade Principal 2. Mr. S. K. Oluwasola Vice Principal 1 3. Mrs. C.O Ajayi Vice Principal 2 / Guidance Counsellor 3. Mrs. Olabisi Catherine Adesida Home Economics Teacher Enterprise Specialisation: Snacks & Confectionery Making All 62 students in SSS 1 are registered for Catering Craft and Practice, 52 of the 74 pupils in SSS 2 registered for Catering Craft Practice with the remaining 12 registering for Food and Nutrition Lessons. Of the 74 pupils in SSS 3, 48 registered for Catering Craft Practice and 6 registered for Food and Nutrition Enterprise training is ad-hoc due to the absence of a competent Teacher to take the Class. Interests/NEEDS: Non-functional Bakery to be refurbished and Garment making to be resuscitated for students, perimeter fencing to be constructed for adequate security, the Blocks of Hostels need repairs, provision of adequate sanitary facilities and boreholes are required School Premises Vice Principals, Home Econonics Teacher & TESCOM Officials Dilapidated Classrooms Plate A.2: An overview of the Mary’s Anglican Girls Grammar School, Ikole Ekiti Page | 67 Plate A.26: TESCOM Officials Table 5.8: List of other Stakeholders consulted in Ekiti State S/No Names Designation Organisation 1. Mr. M. Ayodele Ajimati Permanent Secretary Ekiti TESCOM 2. Mrs. Bamikole Director, Academic Services Ekiti SUBEB Christianah Abimbola 3. Mrs. Oluwayemisi Felicia Gender Focal Person Ministry of Education, Science & Alokan Technology, Ekiti 4. Mrs. Busola Helen Focal Officer, Girl Child Ministry of Women Affairs, Ekiti Adeniyi Programme 5. Pastor. Joseph Bamidele Ag. Permanent Secretary Ministry of Education, Science & Owolabi Technology, Ekiti 6. Dr. Mrs. Aderiye Technical Adviser Ministry of Education, Science & Technology, Ekiti 7. Dr. Mrs. Eunice A. Schools Agriculture Enterprise Fasanmi Agency; Ministry of Education, Science & Technology, Ekiti 8. Mrs. Fajana Director, Planning Schools Agriculture Enterprise Agency; Ministry of Education, Science & Technology, Ekiti 9. Mr. Sola Oluwo Director, Agric in Schools Schools Agriculture Enterprise Agency; Ministry of Education, Science & Technology, Ekiti 10. Mr. Daramola Aleni Director Schools Ministry of Education, Science & Technology, Ekiti 11. Mr. Abiodun Adalumo Director, Admin & Supplies Ekiti TESCOM 12. Mr. Lanre Akinyede Director, PRS Ekiti TESCOM 13. Mrs. Bilikish Funmilayo Director, F & A Ekiti TESCOM Sanni 14. Mr, Joseph Akande DD, Planning Ekiti TESCOM 15. Mrs. Titilayo Adeyeye DD, R & S Ekiti TESCOM 16. Mr. Jide Ijimakinde Accountant Ekiti TESCOM Page | 68 ANNEX 3: AVAILABLE DATA ON THE EDUCATIONAL FACILITIES FOR PROPOSED PILOT STATES EKITI STATE Number of Students in Ekiti State 2018/19 S/No. Type of School Number Male Female Total 1. Public Primary Schools 904 79,022 75,968 152,900 2. Public Secondary Schools 213 42,030 42,116 84,146 3. Private Primary Schools 1,596 8,933 8,973 17,906 4. Private Secondary Schools 220 5,883 6,459 12,342 TOTAL 2,933 133,868 133,516 267,294 Number of Teachers in Ekiti State 2018/19 Public Primary Schools 1,763 6,070 7,833 Public Secondary Schools 2,922 4,343 7,265 Private Primary Schools 717 2,123 2,840 Private Secondary Schools 902 890 1,792 TOTAL 6,304 13,426 19,730 Source: Ekiti State Ministry of Education, Science and Technology, October 2019 BORNO STATE Number of Students in Borno State S/No. Type of School Number Male Female Total 1. Public Primary Schools 1,362 566,776 440,579 2. Public Junior Secondary Schools 264 51,644 38,722 3. Private Primary Schools 4. Private Secondary Schools TOTAL Number of Teachers in Borno State 2014 Public Primary Schools 13,184 7,731 Public Secondary Schools Private Primary Schools Private Secondary Schools TOTAL KADUNA STATE S/No. Type of School Number Male Female Total 1. Public Primary Schools 4,225 619,366 532,510 2. Public Junior Secondary Schools 411 87,587 70,687 3. Private Primary Schools 4. Private Secondary Schools TOTAL Number of Teachers in Kaduna State Public Primary Schools 19,577 16,027 Public Secondary Schools Page | 69 Private Primary Schools Private Secondary Schools TOTAL KANO STATE S/No. Type of School Number Male Female Total 1. Public Primary Schools 5,732 1,255,430 1,219,492 2. Public Junior Secondary Schools 875 173,722 118,951 3. Private Primary Schools 4. Private Secondary Schools TOTAL Number of Teachers in Kano State 2014 Public Primary Schools 40,709 10,334 Public Secondary Schools Private Primary Schools Private Secondary Schools TOTAL KATSINA STATE S/No. Type of School Number Male Female Total 1. Public Primary Schools 2,217 897,337 664,383 2. Public Junior Secondary Schools 246 119,897 89,095 3. Private Primary Schools 4. Private Secondary Schools TOTAL Number of Teachers in Katsina State 2014 Public Primary Schools 14,704 4,594 Public Secondary Schools Private Primary Schools Private Secondary Schools TOTAL Kebbi S/No. Type of School Number Male Female Total 1. Public Primary Schools 1,729 281,061 163,568 2. Public Junior Secondary Schools 267 100,749 46,865 3. Private Primary Schools 4. Private Secondary Schools TOTAL Number of Teachers in Kebbi State 2013 Public Primary Schools 10,406 3,358 Public Secondary Schools Private Primary Schools Private Secondary Schools TOTAL Page | 70 NIGER STATE S/No. Type of School Number Male Female Total 1. Public Primary Schools 2,815 410,239 298,064 2. Public Junior Secondary Schools 373 121,813 69,846 3. Private Primary Schools 4. Private Secondary Schools TOTAL Number of Teachers in Niger State 2014 Public Primary Schools 15,875 9,342 Public Secondary Schools Private Primary Schools Private Secondary Schools TOTAL Source: National Bureau of Statistics: Universal Basic Public Education & Key Statistics in Nigeria, 2016. Page | 71