DETAILED ENGINEERING, SAFEGUARDS STUDIES AND PREPARATION OF BIDDING DOCUMENTS FOR PRIORITIZED ROADS IN ADAMAWA STATE (RAMP II)

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized FEDERAL REPUBLIC OF NIGERIA ADAMAWA STATE GOVERNMENT RURAL ACCESS & MOBILITY PROJECT (RAMP II) CONSULTANCY SERVICES FOR DETAILED ENGINEERING, SAFEGUARDS STUDIES AND PREPARATION OF BIDDING DOCUMENTS FOR PRIORITIZED ROADS IN ADAMAWA STATE (RAMP II) CLIENT National Coordinator Federal Project Management Unit Rural Access & Mobility Project (RAMP) Federal Ministry of Agriculture & Rural Development NAIC House, Plot 590, Zone AO Along Airport Road, Central Area Abuja - Nigeria. PREPARED BY YAROSON PARTNERSHIP LIMITED, NIGERIA CONSULTANTS YAROSON PARTNERSHIP LIMITED Halford Pavey House IB Aliyu Turaki Road, P. O. Box 843, Kaduna, Nigeria. yarosonpartnership@yahoo.com AND Plot 576 Mobolaji Crescent Gudu - Abuja, Nigeria. JUNE, 2012

2 EXECUTIVE SUMMARY In line with the provisions of World Bank Operational Policy on resettlement (OP 4.12), and Abridged Resettlement Action Plan (ARAP) was conducted at Dubwangun along the Gyawana-Hadiyo-Lamurde road in Adamawa State Nigeria. Specifically, the ARAP was targeted at a compound, the household of Mr. J.J. where the road has been encroached upon by the tree fence of the compound. An attempt was made to find an alternative alignment for the road but the option was less attractive because farmlands would have to be acquired and some farmers dispossessed of their farmlands or at least sizeable parts of them. It was therefore decided to explore the option of felling the trees in Mr. J.J s fence as well as acquiring part of his compound, to obtain adequate width for the road carriageway. Consequently, consultations were held with household members at which it was agreed that the trees fence could be removed to create way for the road provided compensation is paid for the trees and narrow strip of land to be acquired. The details of the acquisition are tabulated below with the estimated cost implications Assets Census with Cost Estimates Items Description A. Trees i) Neem (6) full grown l Unit Cost ($) 1, Amount ($) 9, ii) Newboldia levis (aduluku) , Sub - total 31,500.00

3 B. Fence 30 X 3 (90m 2 ) cement block fence. i) 1200 cement blocks plus transport ii) 10 bags of cement plus transport. iii) 1 trip of sharp sand iv) Labour (6 days, 3 workers) , , /day 3, Sub - total 8, C. Land 30 x 2m (60m 2 ) of land to be acquired from Mr. J.J. s compound /m 2 9, Sub - total 9, Grand - Total 49, Note: The provision for the trees includes cost of replacement. The proposed action (i.e. felling of trees and acquisition of the narrow strip of land) would not affect the livelihoods of any of the members of the household; nor would it necessitate their displacement or the restoration of anyone s income. The payment of compensation is to be co-ordinated by the SPIU and it should be completed before construction work commences. That done, the trees can be felled, the householder assisted to build a new fence and construction work commenced. The proposed action (i.e felling of trees and acquisition of the narrow strip of land) would not affect the livelihoods of any of the members of the household; nor would it necessitate their displacement or the restoration of anyone s income. The payment of compensation is to be co-ordinated by the SPIU and it should be completed before construction work commences. That done, the trees can be felled, the householder assisted to build a new fence and construction work commenced.

4 TABLE OF CONTENTS Page EXECUTIVE SUMMARY SECTION ONE Introduction Project components: The Scope of Work (ToR) Project component requiring land requisition Interactive Discussions and Consultations 2 SECTION TWO Effort made to Minimize Displacement 5 SECTION THREE Census of household members by sex, age, occupation Census of assets inventories and natural resources 6 SECTION FOUR Legal Framework Relevant Land Laws and Construction Gaps between Nigerian Law and World Bank Policy 0P4.12 Regards Compensation Valuation Procedure Consultations with PAPs Entitlement Nature 9 SECTION FIVE 10 Conclusion 10 i

5 LIST OF PLATES Description Page Plate 1 Consultations with community women (Kebali) 3 Plate 2 Consultations with community members (Kebali) 3 Plate 3 Consultations with community women (Yanga) 3 Plate 4 Consultations with community members (Yanga) 3 Plate 5 PAP at Dubwangun along the road 5 Plate 6 Cross section of Consultees at Dubwangun 9 LIST OF TABLES Description Page Table1.1 Site - Specific Negative Socio-Economic Impacts with Mitigation 2 Table 1.2 Consultations at Various Critical Communities along the Road Routes 4 Table 3.1 Household members by sex, age and occupation 6 Table 3.2 Assets marked for compensation at Dubwangun 6 Table 4.1 Differences between the Nigerian land law and the operational policy (OP 4.12) of the World Bank 7 Table 4.2 Assets Census with Cost Estimates 9 ii

6 LIST OF ACRONYMS Description EIA - Environmental Impact Assessment EMP - Environmental Management Plan ES - Environmental Setting LFN - Law of the Federal Republic of Nigeria FGN - Federal Government of Nigeria FMWHUD - Federal Ministry of Works, Housing and Urban development FEPA - Federal Environmental Protection Agency UNCED - United Nations Conference on Environmental Developments WSSD - Water Supply and Sanitation Development MDG - Millennium Development Goals HIV - Human Immuno-deficiency Virus AIDS - Acquired Immuno- Deficiency Syndrome RAMP - Rural Access and Mobility Project LHS - Left Hand Side RHS - Right Hand Side EII - Environmental Impact Identification 4WD - Four Wheel Drive ESIA - Environmental and Socio-economic Impact Assessment ESMF - Environmental and Socio-economic Management Framework ITCZ - Inter Tropical Convergence Zone iii

7 SECTION ONE 1.1 Introduction The Federal Ministry of Agriculture and Rural Development through the Federal Government of Nigeria (FGN), has received credit from the World Bank (WB), and the French Development Agency, to support and finance its policy on Rural Access and Mobility Projects (RAMP). The RAMP is aimed at improving and enhancing accessibility and mobility in rural areas towards an effective regional integration and poverty alleviation. Adamawa State is one of the states of the federation identified to benefit from RAMP projects. The World Banks Involuntary Resettlement Policy OP4.12 requires that environmental and social impacts be mitigated in all the projects the Bank supports. Wherever property is to be acquired or modified, the Banks Involuntary Resettlement Policy (IRP) applies; whether the property is occupied legally or otherwise. The preparation of this ARAP is predicated on the Banks policy on resettlement OP 4.12 and the legal provisions of Nigeria. It is targeted at Mr. J.J. s compound at Dubwangun along Gyawana-Lamurde road. 1.2 Project components: The Scope of Work (ToR) The scope of this ESIA study is specifically based on the ToR provided by the client. The ToR requires the standard preparation of the ESIA for the road development projects, and entails the following; Consultation with relevant Government agencies and affected local community members. The establishment of an environmental and social baseline information for the project area and description of the proposed road works. The assessment and quantification of the potential environmental and socioeconomic impacts resulting from the road development, especially within the zone of influence of the project. The development of Environmental and Social Management Plan (ESMP) detailing actions and responsibilities for impacts mitigation and monitoring. Prepare environmental monitoring plan to reflect the management measures in the EMP; specifying indicators to be observed or measured, frequency of observations, and identity of monitors. 1

8 1.3 Project component requiring land requisition One of the roads (Gyawana-Hadiyo-Lamurde) passes through a community Dubawangun. At some point, the road width is not up to the 6m required because of encroachment. Mr. J.J. s compound fence of trees and reed mats is on the ROW and would have to be removed to create adequate access for the road. Even at that, additional land space is required so that the road can have shoulders. It is for this reason that a part of Mr. J.J. s compound (2m) width is to be acquired (see table 1.1). A. TABLE 1.1: Site - Specific Negative Socio-Economic Impacts with Mitigation S/N Negative Impacts Mitigation Location 1. Destruction of compound fence to create way for road. Some trees to be felled Pay compensation for trees and fence; and for 60m 2 of land Dubwangun 1.4 Interactive Discussions and Consultations During the detailed field visits, consultants held consultations with community members along each road not only to intimate them of the project but also to find out their feelings and disposition to the project. Community members were encouraged to ask questions and offer their opinions/advice regarding the project. Community members everywhere were anxious to have the roads rehabilitated and even expressed willingness to participate in the construction, monitoring and maintenance of roads. When informed about the possible security concerns when the roads have been built and the need to establish vigilante groups by the youth, they generally accepted the challenge and expressed their willingness to participate in the security of their communities. Plates 1-4 show consultants consulting members of some communities. In special cases (especially at locations where the road alignment passes through built up areas), traditional rulers and/or chiefs were also consulted to seek their consent to re-route the roads. Such was the case at Bille, Kodomum and Borrong. At Dubwangun where it is necessary to remove an existing fence of trees, the affected household (Mr. J. J.s ) was consulted and their consent was given provided adequate compensation is paid. Consultants also met with community members (see plates 5 and 6). Details of the compensations to be paid are presented in Table 1.2 2

9 Along each road, consultations were also held with women groups about their socio-economic lives and their empowerment requirements. Consultants noted that many women (Bazza-Kalikassa road, Gyawanna Lamurde for example), are farmers with their own plots of land. Quite often, women take responsibility for feeding the family (children mainly). Plate 1: Consultations with community members at Kebali Numa Plate 2: Consultations with community members at Kebali Numa Plate 3: Consultations with community members Plate 4: Consultations with community members atyanga 3

10 Table 1.2: Consultations at Various Critical Communities along the Road Routes Location Dubwangun Lamurde LGA Bille Lamurde LGA Attendance (NO) Concerns Expressed by Stakeholders Male Female 32 7 Would compensation be paid for any property removed? Would it be paid before construction work starts? What will happen to the water pipe in the ground along the road? Issue of compensation for economic trees along the new road alignment Would contractor employ local people? Remark Yes Before It will be relocated Will be paid Yes Kodomun Demsa LGA Borrong Gerei LGA Why is the bank not refurbishing the road from Mararaba to Bille instead of Bille to Mayo Belwa Will contractor employ local People What type of road is to be constructed? How are community members going to feed the contractors workforce? 40 6 When will work commence? Will it be this year? As much as possible That is already been repaired Yes Earth road Prepare the food for workers to purchase Definitely not during the rainy season How would the marshy portion of the road be constructed? Some people have stockpiles of construction materials. Will the contractor patronise us? There would be culverts If the materials meet the required standards The chief would prefer the road to terminate at the palace, deviating from proposed alignment. There are some challenges along that route. 4

11 Plate 5: PAP at Dubwangun along the road Plate 6: Cross section of Consultees at Dubwangun SECTION TWO 2.1 Effort made to Minimize Displacement Consultations were held with members of Mr. J. J. s household to sensitize them. Alternatives routes were explored for possible road re-alignment and the alternatives were compared with the option of maintaing the present road route. 2.2 Results of the efforts After an appraisal of the alternatives, it was noted that the only one feasible would take the road through farmland that would result in displacement of farmers and the payment of more compensation. Also, the cost of road construction would be much higher because the terrain to be traversed is marshy. However, after consultations, Mr. J.J. was quite amenable to the suggestions of removing the fence of his compound and acquiring a part of his land provided he would be compensated. No other physical structure would be affected and nobody in the household would be displaced. The livelihoods of the members of the household would not be affected. 5

12 SECTION THREE 3.1 Census of household members by sex, age, occupation etc. The Census of Mr. J.J s household taking details of members by sex, age, occupation is presented in Table 3.1. Table 3.1: Household members by sex, age and occupation S/N Names Sex Occupation Age 1. Mr. J. F. Male Farmer 45 years 2. B. J. Female Farmer 35 years 3. P. J. Female Farmer 22 years 4. N. J. Female Student 18 years 5. S. J. Male Student 8 years 6. A. J. Male Student 4 years 7. I. F. Male Student 30 years 8. M. I. Female Farmer 23 years 9. F. I. Male Farmer 7 years 10. F. I. Male Student 6 years 11. D. I. Male Student 4 years 12. E. F. Male Farmer 50 years 3.2 Census of assets inventories and natural resources Table 3.2: Assets marked for compensation at Dubwangun Community Assets Affected Action Proposed Dubwangun Cut some trees and expand road carriageway about 2m into adjacent compound for a length of 30m Compensation for: 36 trees Replacement of fence Acquire 60m 2 land (not farm land) but part of a compound 6

13 SECTION FOUR 4.1 Legal Framework Relevant Land Laws and Construction The relevant legislative provisions applicable to this project are in Nigeria the Land Use Act of 1978 and Resettlement. The Land Use Act Cap 202, 1990 laws of the Federal Republic of Nigeria deal with land ownership, transfer, acquisition and all other issues relating to land. By the Act, all land is vested in the Executive Governor of the state where it occurs. The Governor holds the land in trust for the people and government of the states but individuals enjoy a right of occupancy which may be revoked should such land be required by Local, State or Federal Government for public purpose. In this case however, the holder and occupier shall be entitled to compensation for the value of the land at the date of revocation. 4.2 Gaps between Nigerian Law and World Bank Policy 0P4.12 Regarding Compensation The table below (4.1) shows the differences between the Nigerian land law and the operational policy (OP 4.12) of the World Bank regarding the payment of compensations. Table 4.1 Differences between the Nigerian land law and the operational policy (OP 4.12) of the World Bank. Category of S/no Nigerian Law World Bank OP4.12 PAP 1. Land Owners Cash Compensation Recommends land-for-land based on current compensation. market value Other compensation is at replacement cost 2. Land Tenants Entitled to Entitled to some form of compensation based compensation whatever the legal on the amount of recognition of their occupancy. rights they hold on the land 3. Land Users Not entitled to Entitled to compensation for compensation except crops. May be entitled to for crops replacement of land and income must be restored to pre-project levels at least. 7

14 4. Owners of Cash Compensation Non- based on current permanent Market value structures (Building) 5. Owners of Cash Compensation Permanent at Cement Market Building Value After Okeibunor, J.C. (2012) Entitled to in-kind compensation. A cash at full replacement cost including labour and relocation expenses prior to displacement. Entitled to in-kind compensation or cash compensation at full replacement cost building labour and relocation expenses prior to displacement. Note: In all there however, the provisions of OP4.12 of the World Bank shall take precedence over the Land Use Act of Nigeria. 4.3 Valuation Procedure The PAP of this ARAP are members of household/compound which falls within the ROW of the Gyawana - Lamurde Road. Based on this and the World Bank policy OP4.12, the occupants of the compound qualify for compensation if any of their properties are to be demolished. Consequently, in this instance, the compensation would be paid to the Head of the household since he is the owner of the compound and trees in question. There are no occupants or tenants (vulnerable persons), whose means of livelihood are being threatened or whose access to productive assets is being denied as a result of the project. The details of the compensation being proposed are presented below in table Consultations with PAPs Consultations were held with members of the household on April, 2, Mr. J.J. (the brother of the owner of the house represented the owner. Other members of the household (table 4.2) were also present. The purpose of the project was explained to him and the need to acquire part of the compound was stated. Mr. J.J. responded by stating that he is aware that the fence of the compound has encroached on the road and that he is aware that Government could one day require the fence to be removed. He had no objection to that intention to remove the fence and fell the trees. He was then informed that in any event that the trees are felled and part of his land acquired, he would be adequately compensated and assisted to replace his fence. He was pleased to hear this and wanted to know when the compensation would be paid. 8

15 Consultant responded that all he could say is that it would be before the project commences. 4.5 Entitlement Nature During the consultation, consultants and members of the household identified and counted the trees to be felled; as well as measure the land to be acquired to create adequate space for the road. The entitlement matrix is tabulated below for easy reference. Table: 4.2: Assets Census with Cost Estimates Items Description Unit Cost ($) Amount ($) D. Trees i) Neem (6) full grown l 1, , ii) Newboldia levis (aduluku) , Sub total 31, E. Fence 30 x 3 (90m 2 ) cement block fence. i) 1200 cement blocks plus transport , ii) 10 bags of cement plus transport , iii) 1 trip of sharp sand iv) Labour (6 days, 3 workers) /day 3, Sub total 8, F. Land 30 x 2m (60m 2 ) of land to be acquired from Mr. J.J. s compound /m 2 9, Sub total 9, Grand Total 49,

16 SECTION FIVE 5.1 This ARAP does not require resettlement sites to be provided nor does it involve any income restoration. The institutional framework for implementing both RAP and ARAP are at Federal, State and Local levels. The focal point for all aspects of the project is the Federal Project Management Unit (FPMU). At state level, the State Project Implementation Unit (SPIU) set up specifically for the project and probably constituted with representatives from relevant focal agencies/ministries. The state could establish a site-level implementation unit especially to take charge of road maintenance and rehabilitation monitoring. Civil Society Organizations at state and site levels could also form part of the implementation arrangement. At local site level, community members (traditional rulers, religious leaders, CBOs, LGA officials etc), could be constituted into a monitoring and /or maintenance unit. 5.2 Conclusion After due consultations with community members along the different roads, only at Dubwangun (Mr. J.J. s compound) was an ARAP indicated. The outcome of the exercise is that although some compensation has to be paid for trees, fence replacement and strip of land, no person living in the compound would be displaced. Therefore, there would be no relocation of any person for resettlement. Also, the incomes and livelihood would not be affected by the felling of the trees or acquisition of the narrow strip of land in Mr. J.J. s compound. 10

17 REFERENCES Abbrivated Resstlement Action Plan. Kenya Highways; National Authority Kenya. Handbook for Preparing a Resettlement Action Plan: Environment and Social Development Department, International Finance Corporation (IFC) Resettlement Action Plan for Amugulang-Ebudouge ClassIII Porthighway. Inner Monogolia Autonomous Region Communications Department Resettlement Policy Framework (RPF) for RAMPII in Adamawa, Enugu, Niger and Osun States: Federal project Management Unit (FPMU), Federal Ministry of Agriculture and Rural Development Abuja. 11