Public Disclosure Authorized
RP713 v4
FEDERAL REPUBLIC OF NIGERIA
ADAMAWA STATE GOVERNMENT
Public Disclosure Authorized
RURAL ACCESS & MOBILITY PROJECT (RAMP II)
CONSULTANCY SERVICES FOR
Public Disclosure Authorized
DETAILED ENGINEERING, SAFEGUARDS STUDIES
AND PREPARATION OF BIDDING DOCUMENTS
FOR PRIORITIZED ROADS IN
ADAMAWA STATE (RAMP II)
Public Disclosure Authorized
PREPARED BY
YAROSON PARTNERSHIP LIMITED, NIGERIA
CLIENT
CONSULTANTS
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.
YAROSON PARTNERSHIP LIMITED
Halford Pavey House
IB Aliyu Turaki Road,
P. O. Box 843, Kaduna, Nigeria.
Email: [email protected]
AND
Plot 576 Mobolaji Crescent
Gudu - Abuja, Nigeria.
JUNE, 2012
Yaroson Partnership Ltd.
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
A. Trees
Description
i) Neem (6) full grown l
ii) Newboldia levis (aduluku) 30
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Detailed Engineering, Safeguards Studies and Preparation of Bidding
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ARAP Report
Unit Cost
($)
Amount ($)
1,500.00
9,000.00
750.00
22,500.00
Sub - total
31,500.00
B. Fence
C. Land
30 X 3 (90m2) 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)
30 x 2m (60m2) of land to be acquired from
Mr. J.J.’s compound
Grand - Total
Yaroson Partnership Ltd.
2.50
200.00
100.00
600.00/day
3,000.00
2,000.00
100.00
3,600.00
Sub - total
8,700.00
150.00/m2
9,000.00
Sub - total
9,000.00
49,200.00
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.
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Detailed Engineering, Safeguards Studies and Preparation of Bidding
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TABLE OF CONTENTS
Page
EXECUTIVE SUMMARY
SECTION ONE
1
1.1
Introduction
1
1.2
Project components: The Scope of Work (ToR)
1
1.3
Project component requiring land requisition
2
1.4
Interactive Discussions and Consultations
2
SECTION TWO
5
2.1
5
Effort made to Minimize Displacement
SECTION THREE
6
3.1
Census of household members by sex, age, occupation
6
3.2
Census of assets inventories and natural resources
6
SECTION FOUR
7
4.1
Legal Framework
7
4.1.1
7
Relevant Land Laws and Construction
4.2
Gaps between Nigerian Law and World Bank Policy 0P4.12 Regards Compensation
7
4.3
Valuation Procedure
8
4.4
Consultations with PAPs
8
4.5
Entitlement Nature
9
SECTION FIVE
10
Conclusion
10
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Yaroson Partnership Ltd.
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
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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
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Yaroson Partnership Ltd.
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.
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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
1.
1.4
Negative Impacts
Mitigation
Location
Destruction of compound  Pay compensation for trees
fence to create way for
and fence; and for 60m2 of Dubwangun
road. Some trees to be
land
felled
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
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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
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Table 1.2: Consultations at Various Critical Communities along the Road Routes
Attendance (NO)
Location
Dubwangun
Lamurde
LGA
Concerns Expressed by Stakeholders
Male
Female
32
7
Remark
Would compensation be paid for any Yes
property removed?
Would it be paid before construction Before
work starts?
What will happen to the water pipe in It will be relocated
the ground along the road?
Bille
Lamurde
LGA
59
52
Issue of compensation for economic Will be paid
trees along the new road alignment
Would contractor employ local people? Yes
Why is the bank not refurbishing the As much as possible
road from Mararaba to Bille instead of That is already been
Bille to Mayo Belwa
repaired
Yes
Earth road
Prepare the food for
workers to purchase
Kodomun
Demsa LGA
16
15
Will contractor employ local People
What type of road is to be constructed?
How are community members going to
feed the contractors workforce?
Borrong
Gerei LGA
40
6
When will work commence? Will it be Definitely not during
this year?
the rainy season
How would the marshy portion of the There would be
road be constructed?
culverts
Some people have stockpiles of If the materials meet
construction materials. Will the the
required
contractor patronise us?
standards
The chief would prefer the road to There are
terminate at the palace, deviating from challenges
proposed alignment.
that route.
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some
along
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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.
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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
3.2
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
Census of assets inventories and natural resources
Table 3.2: Assets marked for compensation at Dubwangun
Community
Dubwangun
Assets Affected
Action Proposed
Cut some trees and expand Compensation for:
road carriageway about 2m  36 trees
into adjacent compound for  Replacement of fence
a length of 30m
 Acquire 60m2 land (not farm
land) but part of a compound
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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.
S/no
1.
Category of
PAP
Land Owners
Nigerian Law
World Bank OP4.12
Cash Compensation Recommends
based on
current compensation.
market value
land-for-land
Other
compensation
replacement cost
is
at
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
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replacement of land and income
must be restored to pre-project
levels at least.
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4.
Owners
of Cash Compensation
“Nonbased on current
permanent”
Market value
structures
(Building)
5.
Owners
Permanent
Building
Entitled to in-kind compensation.
A cash at full replacement cost
including labour and relocation
expenses prior to displacement.
of Cash Compensation Entitled to in-kind compensation
at Cement Market or cash compensation at full
Value
replacement cost building labour
and relocation expenses prior to
displacement.
After Okeibunor, J.C. (2012)
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 4.2.
4.4
Consultations with PAPs
Consultations were held with members of the household on April, 2, 2012. 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.
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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
D. Trees
i)
Description
Unit Cost ($)
Amount ($)
Neem (6) full grown l
1,500.00
9,000.00
750.00
22,500.00
ii) Newboldia levis (aduluku) 30
Sub total
E. Fence
30 x 3 (90m2) 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)
2.50
200.00
100.00
600.00/day
Sub total
F. Land
30 x 2m (60m2) of land to be acquired
from Mr. J.J.’s compound
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150.00/m2
31,500.00
3,000.00
2,000.00
100.00
3,600.00
8,700.00
9,000.00
Sub total
9,000.00
Grand Total
49,200.00
9
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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.
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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 2004.
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.
Rural Access and Mobility Project/Federal Project Management Unit (RAMP-FPMU)
Detailed Engineering, Safeguards Studies and Preparation of Bidding
Documents for Prioritized Roads in Adamawa State (RAMP II)
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