Abbreviated Resettlement Action Plan for the Enugu-Abakiliki and Ogoja-Ikom Road

FINAL REPORT


Road Sector Development Team

Federal Ministry of Works, Housing and Urban Development

Abbreviated ResettlementAction Plan (ARAP)

for the Enugu-Abakiliki and Ogoja-Ikom Road

December 2010

1 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom Junction Rehabilitation Road Works.

Abbreviated Resettlement Action Plan for the Enugu-Abakiliki and Ogoja-Ikom Road

TABLE OF CONTENTS

TABLE OF CONTENTS 1

LIST OF TABLES4

ABBREVIATIONS AND ACRONYMS 5

EXECUTIVE SUMMARY6

  1. INTRODUCTION10
  2. Preamble and Historical Perspective 10
  3. Involuntary Resettlement11
  4. The Contract Award 12
  5. A chat with the Environmental and Safeguard Unit of RSDT13
  6. Kick off Meeting and Field Trip13
  1. APPROACH AND METHODOLOGY OF SOCIAL ASSESSMENT14
  2. Field Surveys15
  3. Major Sub-activities of the ARAP15
  4. Work Programme15
  5. Objectives of the ARAP17
  6. Scope of Work of Consultant18
  1. DESCRIPTION OF PROJECT19
  2. General Description of Study Area19
  3. Socio-Economic Survey of the Project Area21
  4. Enugu-Abakiliki Project Route21
  5. Ogoja-Ikom Juntion Route23
  1. POLICY AND REGULATORY FRAMEWORK28
  2. World Bank Safeguard Policies28
  3. Nigeria Regulatory Framework29
  4. The Federal Ministry of Environment (FMEnv)29
  5. The National Environmental Standards and Regulations Enforcement

Agency (NESREA) Act No 25 of 200729

4.2.3Environmental Impact Assessment (EIA) Act Cap 131 LFN 199229

4.2.3.1 Sectoral EIA Guidelines30

4.3Nigeria Urban & Regional Planning Law No 88 of 199230

4.4Land Use Act Cap 202 LFN 199030

4.5Comparison between Land Use Act and World Bank OP 4.1231

  1. VALUATION AND COMPENSATION OF AFFECTED STRUCTURES AND PROPERTY
  2. Introduction35
  3. Entitlement Policy35
  4. PAPs Losing Structures35
  5. Vendors displaced from road corridors35
  6. PAPs with loss of economic trees36
  7. Eligibility Criteria for Affected Persons36
  8. Proof of Eligibility37
  9. Notification37
  10. Method of Valuation for compensation38
  11. Payment of Compensation39
  12. Entitlement Matrix40
  13. INSTITUTIONAL ARRANGEMENT AND RESPONSIBILITIES 46
  14. Introduction46
  15. Institutional Arrangement46
  16. Grievances and Appeals Procedure48
  17. Grievance Redress Mechanisms49
  1. MONITORING AND EVALUATION50
  2. Internal Monitoring50
  3. Tasks of the Monitoring and Evaluation Officer50
  4. Independent Monitoring51
  5. Implementation Schedule52
  1. COMPENSATION FUNDING ARRANGEMENT AND TIMETABLE 54
  2. Budget for Resettlement activities related with the Road Project54
  3. World Bank-RSDT54
  4. Training Needs55
  5. PUBLIC CONSULTATION56
  6. Introduction56
  7. Public Consultation Process56
  8. Overview of Public Consultations Programme56
  9. EDOR-IKOM Forum56
  10. Ekeobinagu-Emene Public Consultation 59
  11. Abakpa-Enugu Junction Public Consultation61

REFERENCES 63

APPENDICIES

Appendix 1: Register of Project Affected Persons 64

Appendix 2:Selected Pictures from the Project Sites67

Appendix 3: Socio-Economic Inventory Instrument68

DEFINITIONS 72

1 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom Junction Rehabilitation Road Works.

Abbreviated Resettlement Action Plan for the Enugu-Abakiliki and Ogoja-Ikom Road

LIST OF TABLES

Table E1: Indicative budget for ARAP implementation

Table 3.1: Gender Distribution of PAPs

Table 3.2: Marital Status of PAPs

Table 3.3: Educational Attainment of PAPs

Table 3.4: No of Dependants of PAPs

Table 3.5: Occupation of PAPs

Table 3.6: Gender Distribution of PAPs

Table 3.7: Marital Status of PAPs

Table 3.8: Educational Attainment of PAPs

Table 3.9: No of Dependants of PAPs

Table 3.10: Occupation of PAPs

Table 4.1: Comparison of Nigerian Land Use Act (1978) and World Bank’s OP 4.12

Table 5.1: Entitlement Matrix showing categories of project affected persons, type of loss and compensation

Table 5.2: Valuation of Compensation and Assistance Cost for Project Affected Persons

Table 6.1: Institutional Arrangement and Responsibilities for ARAP

Table 7.1: Summary of Responsibility for Implementation of Abbreviated Resettlement Action Plan

Table 8.1: Timetable for Abbreviated Resettlement Action Plan

Table 8.2: Recommended Training and Awareness

Table 9.1: Attendance at a Focus Group Discussion at Edor Ikom

Table 9.2: Public Consultation Meeting at Ekeobinagu- Emene on 25/10/2010 at 5.30pm

Table 9.3: Public Consultation at Abakpa Junction, Enugu on 25th October 2010 at 2.40pm

Table 3.11: Income Category of PAPs

1 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom Junction Rehabilitation Road Works.

Abbreviated Resettlement Action Plan for the Enugu-Abakiliki and Ogoja-Ikom Road

ABBREVIATIONS AND ACRONYMS

ADT-Average Daily Traffic

ARAP-Abbreviated Resettlement Action Plan

DP-Displaced Persons

ESIA -Environmental and Social Impact Assessment

ESMF - Environmental and Social Management Framework

ESMP-Environmental and Social Management Plan

FMW-Federal Ministry of Works

FGN-Federal Government of Nigeria
FGD-Focus Group Discussion

FERMA-Federal Roads Maintenance Agency

FRDP- Federal Roads Development Project

IDA-International Development Association

LGA-Local Government Authority

PAD-Project Appraisal Document

PAP-Project Affected Person

PRA-Participatory Rural Appraisal

PIU-Project Implementation Unit

PIM-Project Implementation Manual

PSP-Private Sector Partner or Private Sector Participation

RAP-Resettlement Action Plan

ROW-Right of Way

RPF-Resettlement Policy Framework

RSDT-Road Sector Development Team

SPIU-State Project Implementation Unit

SRMC-Sector Reform Management Committee

SSI-Semi Structured Interview

WB-World Bank.

EXECUTIVE SUMMARY

ES 1Introduction

The Federal Government of Nigeria (FGN) through the Federal Ministry of works, (FMW) requested the World Bank’s support towards the Federal Roads Development Project (FRDP). The purpose is to meet the immediate and short term funding needs for the federal road network and support Government’s efforts with policy and institutional reforms promoting improved service delivery, road management and financing.

The FRDP will be implemented in three phases. The phase 1 will support the implementation of institutional reforms as well as rehabilitation, upgrading and maintenance of selected unity roads.

The project will not involve land acquisition because the road rehabilitation will be carried out on the existing right of way (ROW). Temporally shops and structures along the ROW of the road corridor will be displaced. This will result to involuntary displacement and disturbance of access to means of livelihoods, and therefore, triggering the World Bank’s Operational Policy 4.12 (Involuntary Resettlement).

The scoping survey reports that less than 200 persons and or business will be affected, hence, the need to prepare an abbreviated resettlement action plan (ARAP) in line with World Bank OP 4.12 to ensure that the Project Affected Persons (PAPs) are adequately compensated or provided assistance.

ES 2Objectives of the Abbreviated Resettlement Action Plan of the Project

The specific objectives of the ARAP are:

  • To identify persons (individuals or groups) who are affected by the project;
  • To identify, through consultation, appropriate options for the resettlement and compensation of PAP, which are consistent with Nigeria Laws, World Bank’s Operational Policy 4.12 and IFC Performance Standards 5: Land Acquisition and Involuntary Resettlement and
  • To determine a process for resettlement, compensation and land acquisition, consistent with the project’s objective.

ES 3Scope of Work

The scope of work underlying this ARAP is the identification of project impacts and affected population through the following:

  • Thematic maps;
  • Census that enumerates project affected persons (PAPs) and registers them according to location;
  • An inventory of lost and affected assets at the household, enterprise, and community level;
  • Socio-economic surveys and studies of all affected populations as may be deemed necessary;
  • Analysis of surveys and studies to establish compensation parameters, to design appropriate income restoration and sustainable development initiatives;
  • Identify baseline monitoring indicators
  • Consultation with affected populations regarding mitigation of impacts and development opportunities

ES4Approaches and Methodology of Social Assessment

Resettlement planning is necessary whenever displacement or relocation occurs as part of project activities. Prior to implementation of the resettlement activities, baseline data is collected and potential impacts are identified and analyzed. Mitigation measures are then put in place to address negative impacts and compensatory plans are designed and recommended.

The resettlement team visited the local authorities, market authorities, vendor unions and the project affected persons in Ikom, Nkarasi 1, Ekeobinagu-Emene and Abakpa-Enugu, being the major areas with possible significant impacts on socio-economic lives of communities, especially PAPs.

Detailed field visits were carried out across the communities of project area of influence. The field visits were used to identify and undertake detailed inventory of PAPs as well as update baseline information of the project areas.

ES 5Impacts of the Project

The impacts of the road project as it concerns the social aspect are categorized into positive and negative impacts. Whereas the positive impacts are more, the negative impacts are minimal and subject to mitigation.

  • Positive Impacts
  • Easy access to market and business
  • Reduction in the rate of accidents due to poor road
  • Improve condition of living due to easy movement of input and output by farmers and business people
  • Inter-state transportation convenience and reduction in traveling time
  • Reduction in road congestions
  • Negative Impacts
  • Disturbance to access to business and movement
  • Displacement of vendors along the right of way of the high way
  • Destruction of economic trees
  • Reduction in income and livelihoods

Negative impacts are neutralized via involuntary resettlement budget plan.

ES 6Indicative Budget for ARAP Implementation

The total indicative budget for the ARAP implementation is Four Million, Six Hundred and Ninety Four Thousand Seven Hundred and Sixty Three Naira Forty Three Kobo (N4,694,763.43). This is comprised as shown in the table below:

Table E1: Indicative budget for ARAP implementation

DESCRIPTION / LOCATIONS/NO OF PAPS / TOTAL
IN NAIRA
EMENE-ABAKPA (60) / ABAKILKI
(5) / OGOJA-IKOM
(24)
  1. Cost of replacement of structure and /or cost of shifting affected structure/vendor
/ 213,360 / 184721.3 / 495,659.93 / 884,816.3
  1. Loss of Income
/ 2,059,600 / 147,400 / 1,111,080.07 / 2,860,200
  1. Compensation for Economic Tree
/ NA / NA / 60,000 / 60,000
Sub-Totals / 2,272,960 / 373,721.3 / 1,166,740 / 3,813,421.3
  1. Capacity Building and enlightenment for ARAP Implementation (Lump sum)
/ 500,000
  1. Monitoring and Supervision of ARAP Implementation (10 % of Total)
/ 381,342.13
TOTAL / 4,694,763.43

1 | Final Report of Abbreviated Resettlement Action Plan Enugu- Abakaliki and Ogoja -Ikom Junction Rehabilitation Road Works.

Abbreviated Resettlement Action Plan for the Enugu-Abakiliki and Ogoja-Ikom Road

1.0INTRODUCTION

1.1Preamble and Historical Perspective

In response to the enormous transport challenges in linking communities together, reducing passenger travel times, transport cost for both freight and passengers, vehicle operating costs, traffic related fatalities on targeted federal roads while increasing access to markets, jobs, education, and health services as well as assisting the Federal Government of Nigeria (FGN) to manage Nigeria's federal road assets in a sustainable manner; The Federal Government of Nigeria (FGN), through the Federal Ministry of Works (FMW), has requested World Bank’s support for the Federal Roads Development Project (FRDP).

The FRDP is a major investment in improving the quality of life of Nigerians, especially those in the rural areas.

The Federal Roads Development Project is organized into three components to support both the implementation of the proposed reform and the financing of critically needed investments. The three main components are:

  • Policy and Institutional Reforms
  • Institutional Capacity Building
  • Upgrading, Rehabilitation and Maintenance of Federal Roads

The activities under the investments for the Unity Roads will entail routine and periodic maintenance, rehabilitation, upgrading and provision of additional carriageways for the 5700 kilometers identified by the project base documents.

As part of the preliminary three-phased program the rehabilitation works on the Enugu AbakalikiRoute length (77Km) and Ogoja Junction to Ikom Route length (52.438 Km) is to commence and estimated to be for a period of 24 months.

The two roads rehabilitation falls within the Enugu-Bamenda multinational highway and transport facilitation programme inaugurated at the Nigerian–Cameroon joint border post, Mfum, along Ikom–Cameroon border road on Thursday 17th June 2010.

The project, which was co–financed by the African Development Bank, the World Bank and the Japanese International Co-operation Agency, are targeted at increasing trade and strengthening co-operation between Cameroon and Nigeria.

The 443- kilometre Bamenda– Enugu road corridor, comprises of other roads including the Bamenda–Mamfe–Ekok road sections in Cameroon and the Mfum –Ikom–Mbok (Ogoja Junction)–Abakaliki– Enugu road sections in Nigeria.

Other scheduled works in the entire project, considered to be of great benefit to the people of Nigeria and Cameroon, are the pavement strengthening of the 25- kilometre Ikom-Mfum road, reconstruction of the 86-kilometre Abakaliki–Mbok (Ogoja Juncton) road,and rehabilitation of Enugu Abakaliki road and Ogoja Junction–Ikom road, which covered a distance of 77 kilometres and 52 kilometres respectively. These are being rehabilitated under the World Bank funding.

The project will not involve land acquisition because the road rehabilitation will be carried out on the existing right of way (ROW). Temporally shops and structures along the ROW of the road corridor will be displaced. This will result to involuntary displacement and disturbance of access to means of livelihoods, and therefore, triggering the World Bank’s Operational Policy 4.12 (Involuntary Resettlement). The scoping survey reports that less than 200 persons and or business will be affected, hence, the need to prepare an abbreviated resettlement action plan (ARAP) in line with World Bank OP 4.12 to ensure that the Project Affected Persons (PAPs) are adequately compensated or provided assistance.

1.2Involuntary Resettlement

This policy covers direct economic and social impacts that both result from the World Bank-assisted investment projects, and are caused by:

  • The involuntary taking of land resulting in:

(i) relocation or loss of shelter;

(ii) loss of assets or access to assets, or

(iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or not.

  • The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. The Resettlement Policy Framework (RPF) report discusses the applicability of this policy in detail.

The core requirements of OP 4.12 are as follows:

Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs.

Assist project affected persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them back to the former status

  • Encourage community participation in planning and implementing resettlement.
  • Provide assistance to affected people regardless of the legality of land tenure.

Under the World Bank Safeguard Policy, on involuntary resettlement, a project is classified as full Resettlement Action Plan (RAP) when the number of people to be displaced involuntarily is from 200 and above and/or when the land take involves 10 percent of the total holding. On the contrary, if the number of people to be displaced or affected is less than 200, and land take is less than 10 percent of the total holding, it advocates for Abbreviated Resettlement Action Plan (ARAP).

1.3The Contract Award

The contract for the Abbreviated Resettlement Action Plan for the Enugu- Abakaliki, Ogoja Junction- Ikom Road rehabilitation was awarded to Mrs Olakitan Ogungbuyi on individual contract on the 14th October, 2010.

The following documents were collected from the RSDT on signing of the contract:

  • Project Appraisal Document for a Federal Road Development Project;
  • Final Report Environmental /Social Screening and Scoping Report;
  • Resettlement Action Plan (2007) for the dualization of Enugu- Abakaliki- Ogoja- Ikom Road, African Development Bank; June 2007;
  • Environmental and Social Impact Assessment Report; and
  • Road Sector Development Team 2010, Engineering Design of Rehabilitation of Enugu- Abakaliki, Ogoja Junction- Ikom Road.

1.4A Chat with the Environmental and Safeguard Unit RSDT

On signing of the contract, there was an initial meeting with environmental and safeguard unit Road Sector Development Team to secure assistance with respect to measures to safeguard all equipment and staff deployed to the field for sampling and data collection through an introduction letter which was duly given.

1.5. Kick off Meeting and Field Trip

A kick-off meeting was organized on the 21st October 2010 at Enugu under the Supervision of the Social Safeguard officer of Road Sector Development Team (RSDT). The meeting had in attendance the ARAP Consultant and teams’ members for the ARAP.

Representatives of other consulting companies for the development of the Environmental Management Plan for the road works were also present.

At the meeting, a short brief about the project was given, the boundaries for the roads were highlighted and team members were taken on a familiarization tour of the roads.

2.0.Approach and Methodology of Social Assessment

Resettlement planning is necessary whenever displacement or relocation occurs as part of project activities. Prior to implementation of the resettlement activities, baseline data is collected and potential impacts are identified and analyzed. Mitigation measures are then put in place to address negative impacts and compensatory plans are designed and recommended.

Specifically for the project under review, the methodology is as follows:

  • Harmonization of project schedule and scope with Road Sector Development Team;
  • Collection of relevant documents and literature materials
  • Reconnaissance survey of the project area to scope impacts along the right of way of the road project;
  • Documentation of existing land use activities within the Right-of-Way and the status of PAPs along the road corridor.
  • Staff organization and training of enumerators(Each of the enumerators were given tag with numbers).
  • Review of various documents including:
  • RAP document carried out for the proposed project area in 2006,
  • the Nigerian regulatory framework on involuntary resettlement;
  • World Bank safeguard policies on resettlement, and
  • Baseline socio-economic survey of the project areas

Public Consultation and focus group discussions: This was continuous and a major thrust throughout the project, for identifying PAPs, informing the communities about the proposed project, eliciting their concerns and possible mitigation measures to proposed impacts. The resettlement team visited the local authorities, market authorities, vendor unions and the project affected persons in Ikom, Nkarasi 1, Ekeobinagu-Emene and Abakpa-Enugu, being the major areas with possible significant impacts on socio-economic lives of communities, especially PAPs.