Table of Content Content Page Title Page 1 Table of Contents 2 List of Tables 5 List of Figures 5 List of Maps 5 List of Plates 6 List of Boxes 6 List of Annex 6 Acronyms 7 Glossary of Some Key Terms 8 Executive Summary 9 Section 1 General Introduction 13 1.1 Background 13 1.2 Goal of the Resettlement Policy Framework (RPF) 13 1.3 Objective of the RPF 13 1.4 Justification for the RPF 13 1.5 Scope of this RPF 15 1.6 Outline of this RPF 15 1.7 Methodology for RPF Preparation 15 Section 2 Project Description 17 2.1 Project Description 17 2.2 Project location 19 2.3 Ethno-Cultural Complexity of the People 21 2.4 Population, Sex and Age Structure 21 2.5 Settlement Patterns and Size Distribution of Settlements 21 2.6 Economy 22 2.6.1 Economic Growth That Promotes Sustainable Livelihoods 22 2.7 and Medium Enterprises 23 2.8 Infrastructure and Social Services 24 2.9 Capital Assets 24 2.9.1 Human Capital Assets 24 2.9.2 Natural Capital 24 2.9.3 Social Capital 24 2.10 Cultural Resources 24 2.11 Social Structure/Trends and Social Groups 25 2.12 Community Power Structure and Governance 25 2.13 Conflict and Management of Conflict 26 2.13.1 Governance and Conflict 26 2.13.2 Economic and Social of Conflict 27 2.14.3 Conflict resolution strategy 27 2.15 SEEFOR - A Catalyst for Development and Growth 28
are selected and specific resettlement action plans (RAPs) for each sub-project are prepared. The RPF must be ready, accepted and publicly disclosed before the Bank will appraise the project and it is expected to define the principles and procedures for resettlement operations: land acquisition; valuation; compensation and reporting; for the SEEFOR investment; in accordance with National and World Bank safeguard policies related to involuntary resettlement; (OP4. 12). The Bank’s policy (in paragraph 2) therefore advocates that where feasible, involuntary resettlement should be avoided or minimized, the resettlement must be conceived and executed as a sustainable development program, providing sufficient investment resources to enable persons displaced by the project share in project benefit. Persons displaced must be: Duly consulted and should have opportunity to participate in the planning and execution of the resettlement; Compensated for their losses at full replacement cost prior to civil works; Assisted with the move and supported during the transitional period in the resettlement site; and Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them. 3.5 Nigerian Law and Bank OP 4.12 on Compensation– A Comparison In Table 7, a comparison between compensation in Nigerian Land law and the WB policy 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 OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by a cut -off date. The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons. Thus all land to be acquired by the government for this project would be so acquired subject to the Laws of Nigeria and the Bank OP4.12. However, in the event of divergence between the two, that of the World Bank Safeguards policy on involuntary settlement shall take precedence over Nigeria Land Use Act as Bank. Table 7: Comparison of Nigerian Law and World Bank OP4.12 regarding compensation S/N Category of PAPS/ Type of Lost Assets Nigerian Law World Bank OP4.12 1 Land Owners Cash compensation based upon market value. Recommends land-for-land compensation. Other compensation is at replacement cost.
2 Land Tenants Entitled to compensation based upon the amount of rights they hold upon land. Are entitled to some form of compensation whatever the legal recognition of their occupancy. 3 Land Not entitled to compensation for land, entitled to compensation for crops. Entitled to compensation for crops, may be entitled to replacement land and income must be restored to pre-project levels at least. 4 Owners of “Non permanent” Buildings Cash compensation on market value. (Those without formal rights or claims on the structures are not entitled to resettlement assistance or compensation) Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement. 5 Owners of “Permanent” buildings Cash Compensation is based on market value. Entitled to in-kind compensation or cash compensation at full replacement cost including labor and relocation expenses, prior to displacement. 6. Those without recognizable legal right or claim to the land they are occupying (squatters) Not entitled to compensation for land or structures Resettlement assistance, including land, other assets, cash, employment, etc. SECTION 4 PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PREPARATION AND IMPLEMENTATION 4.1 The Principle and Objectives It is generally recognized that the impacts due to involuntary resettlement from development projects give rise to severe economic, social and environmental risks if left unmitigated. These result in production systems being disrupted/dismantled, impoverishment when people’s productive skills are made less applicable; weakening of community institutions and social networks; dispersal/displacement of kin/clan groups; and diminishing or losing of cultural identity, traditional authority, and the potential for mutual help.
Assets Property Owners Loss of Land Full Costs. Land at new site, plus land clearing by the project crops at market rates in scarce season None Amount to be determined by PMU Loss of or at full replacement value not depreciated. Lump sum payment of 6 months rent per tenant For lost rental income, Lump sum cash payment of 3 months rent per tenant. Moving to be done free by project Allowance to be determined by PMU Tenant: Tenant Loss of No loss of structure, no entitlement to housing at new site. costs for if installation was agreed with owner. No loss of income Free moving if notification before deadline Lump sum payment of 6 months rent per tenant Loss of No Loss cost for facilities that cannot be For loss of business income, payment of half of turnover for 3 months Free moving if notification before deadline N/A (using Land) Loss of Land None Where possible assistance in securing other access to land for crops growing subject to approval of local Crops at market rates in scarce season. For street vendors on right of ways possible access to other sites/locations None Possible with works contractors, etc. and/or amount to be determined by PMU Loss of at full replacement for None Payments in lieu of while rebuilding None Amount to be determined by PMU t
(living on Site) structure, relocation to resettlement site, with payment of site rent. Owners/ Farmers Loss of to land used for None Crop harvesting prior to land loss is not possible, provide seedlings for crops lost plus cash for of production lost. Resettlement assistance: Economic Rehabilitation assistance: Once the PAP has moved onto new land, provide appropriate assistance (financial or other) to cover the income foregone due to lag times with replanting at new location (e.g., loss of income from X number of crop production cycles, from planting through to harvesting). This should be sufficient to cover periods until crop production is at levels at least equivalent to levels Free moving if notification before deadline Economic assistance: Provision of training and assistance where cultivation of unfamiliar crops is required on alternative land (e.g., in line with Land Use Master Plan). Farm None Economic assistance: Provision of training and None Free moving if notification before deadline assistance: Provide access to work on alternate on:
assistance cultivation of unfamiliar crops is required on alternative land (e.g., in line with Land Use Master Plan). land, and provide food/ cash until laborers are able to restore alternate Farm Tenants Crop None Crop Where harvesting prior to land loss is not possible, provide seedlings for crops lost plus cash for value of production lost. None Free moving if notification before deadline assistance: Provide cash for the income foregone during the period that the tenant is without land. In addition, provide assistance with the of materials and equipment to land. SECTION 7 METHODS FOR VALUING ASSETS
(July 7-9, 2010) Yenogoa (July 26-27, 2010) (Sept 22 -24, 2010) Lack of social inclusiveness and capture is paramount in a number of projects by the Government At times no provision of employment/funds after training of youth in the targeted states, No gender-based training or it is not given adequate attention Normal government business activities hardly compensate displaced people. Government hardly political will to areas/projects not of interest Government interfers with programs/projects of this nature, especially with the management structure as it wills. Sustainability is not guaranteed if the incoming government does not favour it. Government is big offender in not putting into considerations social and environmental issues in her project implementation engagement after training either by self or other forms of engagement. Entrepreneurship is highly amplified by the project. SEEFOR provides avenue for scale-up of other community driven projects like CSDP. Essence of RPF & ESMF and other related instruments is to ensure due diligence, avoidance of harm or reduction/elimination of social tensions, and ensuring consistent treatment of social and environmental issues across sub-project intervention areas, and supporting institutional capacity strengthening. NGOs/CBOs/communities members recognized as supporting pillars for project sustainability and would be engaged in designs and monitoring and evaluation NGOs to have representation in technical committee/board. Traditional leadership structures in communities are recognized in the management of conflicts. RPF and ESMF ensure that social and environmental issues are prominence even in government-executed projects supported by the World Bank MDAs Asaba (July, 5-6, 2010) Port Harcourt See SEEFOR is a commendable effort and we are eagerly waiting to see the project implementation since it tends to strengthen the resolve of our State SEEFOR provides avenue for of other community driven projects like CSDP.