nigeria final draft rev 1 resettlement action plan –...

363
NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeria West African Gas Pipeline June 2004 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

Upload: dangquynh

Post on 02-Aug-2018

232 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

NIGERIA FINAL DRAFT REV 1

ResettlementAction Plan – NigeriaWest African Gas Pipeline

June 2004

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Page 2: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 3: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

NIGERIA FINAL DRAFT REV 1

ResettlementAction Plan – NigeriaWest African Gas Pipeline

Prepared for

West African Pipeline Company

June 2004

Page 4: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 5: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Administrator
RP254 v.3
Page 6: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Disclosure Locations

Venues at which the Environmental Impact Assessments, Appendices, and Resettlement Action Plans – and Other Documents Supporting the West African Gas Pipeline Project – have been Disclosed to the Public are as Follows:

Country Venue Location UNITED STATES World Bank Offices Washington, DC MIGA Washington, DC NIGERIA WAGP EA Rep Office Lagos Lagos State Ministry of Environment Lagos Ogun State Ministry of Environment Abeokuta Liaison Office Federal Ministry of Environment Lagos Liaison Office Federal Ministry of Environment Abeokuta Badagry Local Government Office Badagry Ado Odo Ota Local Government Office Ado Odo Ota Ifo Local Government Office Ifo Ogun State Ministry of Lands and Housing Abeokuta Lagos State Lands Bureau Lagos Federal Ministry of Environment Abuja TOGO WAGP EA Rep Office Lomé Ministère de l´Environnement et des Ressources Forestières Lomé Gbetsogbe Palace Gbetsogbe Domocile du chef traditionnel Gbetsogbe Baguida Baguida Ministère de l’Énergie et des Ressources Hydrauliques Lomé Ministry of Land Affairs Lomé BENIN WAGP EA Rep Office Cotonou Documentation Center of the Ministry of Environment, of

Habitat and Urbanism (MEHU) Cotonou

Beninese Agency for Environment (ABE) Cotonou Documentation Center of Ministry of Mines, Energy and

Hydraulic (MMEH) Cotonou

Mayoralty of Abomey-Calavi Abomey-Calavi Mayoralty of Ouidah Ouidah Institute of Endogenous Development and Exchanges (IDEE) Ouidah Documentation Center of the University of Abomey-Calavi Abomey-Calavi GHANA WAGP EA Rep Office Tema EPA Library Accra Greater Accra Regional Coordinating Council Accra EPA Greater Accra Regional Office Amasaman Accra Metropolitan Assembly Accra Shama Ahanta East Metropolitan Assembly Sekondi EPA Central Regional Office Cape-Coast Central Regional Coordinating Council Cape-Coast Western Regional Coordinating Council Sekondi EPA Zonal Office Tema Tema Municipal Assembly Tema EPA Western Regional Office Sekondi Volta Regional Coordinating Council Ho EPA Volta Regional Office Ho Ghana EPA Accra

Page 7: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Table of Contents

June 2004 Nigeria Final Draft RAP Rev 1 TOC-1

Table of Contents

Page List of Acronyms and Abbreviations

Executive Summary

Chapter 1 Introduction ............................................................................................................ 1

1.1 Brief Description of Project .............................................................................................. 1-1 1.1.1. Value of the Project ............................................................................................. 1-6

1.2 Project-Affected Peoples and Areas ................................................................................. 1-8 1.3 Resettlement Implementing Agencies ............................................................................ 1-16 1.4 Key Issues of Involuntary Resettlement and Land Acquisition...................................... 1-19 1.5 Land Acquisition and Resettlement Plan Objectives ...................................................... 1-20 1.6 Progress to Date .............................................................................................................. 1-21 1.7 Program for RAP Implementation .................................................................................. 1-22 1.8 Scope of Resettlement Action Plan................................................................................. 1-22

Chapter 2 Project Description ...............................................................................................2-1

2.1 Layout of Pipeline............................................................................................................. 2-1 2.1.1 General Route ...................................................................................................... 2-1 2.1.2 Determination of Route ....................................................................................... 2-2

2.2 Right-of-Way Configuration............................................................................................. 2-3 2.3 Pipeline and Facility Description...................................................................................... 2-3

2.3.1 Alagbado “Tee” ................................................................................................... 2-3 2.3.2 Onshore Pipeline.................................................................................................. 2-4 2.3.3 Lagos Beach Compressor Station and Primary Control System.......................... 2-6 2.3.4 Offshore Main Trunk Line and Laterals .............................................................. 2-8

2.4 Transportation Routes....................................................................................................... 2-8 2.4.1 Alagbado Tee....................................................................................................... 2-8 2.4.2 Onshore ROW Nigeria......................................................................................... 2-8 2.4.3 Lagos Beach Compressor Station ........................................................................ 2-8

2.5 Construction.................................................................................................................... 2-10 2.5.1 Temporary Storage and Accommodation Areas................................................ 2-10 2.5.2 Construction Methods........................................................................................ 2-10 2.5.3 Construction Schedule and Duration ................................................................. 2-14

2.6 WAPCo Policy on Public Access ................................................................................... 2-15 2.6.1 Facility Footprints.............................................................................................. 2-15 2.6.2 ROW: Pipeline Burial Zone.............................................................................. 2-15 2.6.3 ROW: Area not included in Pipeline Burial Zone ............................................ 2-16 2.6.4 Transportation Routes Transecting the Pipeline ROW...................................... 2-16 2.6.5 WAPCo Maintenance and Patrol Roads within ROW....................................... 2-17

2.7 Compensation for Lost Assets ........................................................................................ 2-17 2.7.1 Summary of Land Requirements ....................................................................... 2-18

Chapter 3 Policy and Legislative Framework ....................................................................3-1

3.1 Introduction....................................................................................................................... 3-1

Page 8: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Table of Contents

June 2004 Nigeria Final Draft RAP Rev 1 TOC-2

3.2 International Project Agreement or Host Government Agreement................................... 3-2 3.3 National Legislative Framework....................................................................................... 3-4

3.3.1 Laws on the oil/gas sector as they may be relevant for the WAGP..................... 3-4 3.3.2 Law on compensation for land and other assets .................................................. 3-5 3.3.3 Law of expropriation or Eminent Domain........................................................... 3-6 3.3.4 Laws governing acquisition of state-owned assets, including land ..................... 3-7 3.3.5 Laws governing acquisition of tribal and community properties, including water

resources, irrigation schemes, and access roads................................................... 3-7 3.3.6 Law of Land Registration, Land Ownership and Property Rights under different

local regimes ........................................................................................................ 3-7 3.3.7 Construction rights and ROW enforcement......................................................... 3-8

3.3.8 Laws pertaining to resettlement, re-location........................................................ 3-9 3.3.9 Appeals procedures as specified in national legislation..................................... 3-10 3.3.10 Laws regarding protection of cultural assets...................................................... 3-10

3.4 Project Measures to Ensure Compliance with World Bank Group Resettlement Guidelines ....................................................................................................................... 3-10

Chapter 4 Overview of Project-Affected Communities .....................................................4-2

4.1 Introduction....................................................................................................................... 4-2 4.2 General Findings of the Socioeconomic Survey............................................................... 4-3 4.3 Survey Instruments ........................................................................................................... 4-4

4.3.1 SIA Community Survey....................................................................................... 4-5 4.3.2 Public Consultations ............................................................................................ 4-6 4.3.3 Estate Survey ....................................................................................................... 4-6 4.3.4 Preliminary Qualitative Study in Support of the RAP......................................... 4-6 4.3.5 Secondary Sources ............................................................................................... 4-7

4.4 General Description of Project-Affected Communities.................................................... 4-7 4.4.1 Population .......................................................................................................... 4-11 4.4.2 Demographics .................................................................................................... 4-12 4.4.3 Ethnic Groups .................................................................................................... 4-13 4.4.4 Household Structure and Size............................................................................ 4-14 4.4.5 Community Leadership and Govern4-ance ....................................................... 4-14 4.4.6 Historical and Cultural Resources4- .................................................................. 4-15 4.4.7 Access to Infrastructure and Quality of Life...................................................... 4-15

4.5 Micro-economic Situation .............................................................................................. 4-21 4.5.1 Labor Force and Patterns of Work..................................................................... 4-21 4.5.2 Household Income and Expenditures ................................................................ 4-26

4.6 Land Tenure, Ownership and Tenancy ........................................................................... 4-36 4.6.1 Land Tenure and Residential Ownership........................................................... 4-37 4.6.2 Project Affected Lands ...................................................................................... 4-39

4.7 Agricultural Activities .................................................................................................... 4-39 4.7.1 Tree Cover on Affected Lands........................................................................... 4-39 4.7.2 Crops Grown on Affected Lands ....................................................................... 4-40 4.7.3 Inter-cropping .................................................................................................... 4-41 4.7.4 Issues involved in measurement of produce value............................................. 4-41 4.7.5 Issues involved in re-instating cropping patterns............................................... 4-41

4.8 Use of Communal Land and Resources.......................................................................... 4-42 4.8.1 Pastures and grazing lands ................................................................................. 4-42 4.8.2 Water resources (rivers, streams, lakes) ............................................................ 4-42

Page 9: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Table of Contents

June 2004 Nigeria Final Draft RAP Rev 1 TOC-3

4.8.3 Irrigation Schemes ............................................................................................. 4-42 4.9 Vulnerable Groups.......................................................................................................... 4-42 4.10 Attitudes toward the Project............................................................................................ 4-48

4.10.1 Perceptions of impacts of the project for local residents ................................... 4-48 4.10.2 Perception of Project Impacts on Communities................................................. 4-49 4.10.3 Community Suggestions to Mitigate Potential Negative Impacts ..................... 4-49

Chapter 5 Land Acquisition Procedures and Implementing Responsibilities.................5-1

5.1 Goals ................................................................................................................................. 5-1 5.2 Overview of Land Acquisition Strategy ........................................................................... 5-2

5.2.1 General Principles................................................................................................ 5-2 5.2.2 Types of Land to be Acquired ............................................................................. 5-4 5.2.3 WAGP Right-of-Way Access Policy................................................................... 5-5

5.3 Land Acquisition Procedure ............................................................................................. 5-8 5.3.1 Identification of Pipeline Route and Affected Land .......................................... 5-13 5.3.2 Identification and Registration of Property Owners and Other Affected People ................................................................................................................ 5-14 5.3.3 Public Notification and Comment Procedure: Procedures for

Finalization/Verification of Registration and Approved List of Affected Persons ............................................................................................................... 5-15 5.3.4 Negotiation Procedures...................................................................................... 5-18

5.4 Valuation Methods.......................................................................................................... 5-23 5.4.1 OPTS Standards................................................................................................. 5-24 5.4.2 Basic Principles Underlining Valuation............................................................. 5-25 5.4.3 Compensation .................................................................................................... 5-26

5.5 Implementation Roles and Responsibilities.................................................................... 5-28 5.5.1 WAPCo Roles.................................................................................................... 5-28 5.5.2 Key Responsibilities .......................................................................................... 5-31 5.5.3 External Roles and Responsibilities................................................................... 5-32 5.5.4 RAP Fund .......................................................................................................... 5-33 5.5.5 Community Development.................................................................................. 5-34

5.6 Implementation Issues and Solutions.............................................................................. 5-35 5.6.1 Ensuring Accurate Registration and Compensation Disbursement ................... 5-35 5.6.2 Identification of Absentee Owners .................................................................... 5-36 5.6.3 Resolution of Owner Disputes ........................................................................... 5-36

Chapter 6 Project Impacts and Mitigation Measures........................................................6-1

6.1 Summary of Land Acquisition.......................................................................................... 6-1 6.2 Affected Populations: Landowners and Tenants ............................................................ 6-10 6.3 Summary of Land Acquisition Impacts .......................................................................... 6-13

6.3.1 Impoverishment Risks and Reconstruction Model ............................................ 6-13 6.3.2 Landlessness ...................................................................................................... 6-15 6.3.3 Homelessness..................................................................................................... 6-18 6.3.4 Loss of Access to Property and Resources ........................................................ 6-18 6.3.5 Joblessness ......................................................................................................... 6-25 6.3.6 Food Insecurity .................................................................................................. 6-31

6.4 Mitigation Measures ....................................................................................................... 6-32 6.4.1 Types of Mitigation Proposed............................................................................ 6-32

Page 10: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Table of Contents

June 2004 Nigeria Final Draft RAP Rev 1 TOC-4

6.4.2 Summary of Entitlements .................................................................................. 6-36

Chapter 7 Public Consultation and Disclosure...................................................................7-1

7.1 Participation and Consultation Activities ......................................................................... 7-3 7.1.1 Stakeholder Identification and List of Key Stakeholders .................................... 7-5 7.1.2 Information Provided to Stakeholders and the Mechanisms for Receiving

Feedback .............................................................................................................. 7-6 7.1.3 Needs Assessment and Community Needs Identification ................................... 7-7 7.1.4 Qualitative Assessment of Community Responses to the Proposed Project........ 7-8

7.2 General Project Consultations and Feedback.................................................................. 7-10 7.2.1 RAP Consultations............................................................................................. 7-10

7.3 RAP Disclosure............................................................................................................... 7-11 7.3.1 Information Gathering and Update for RAP Disclosure.................................... 7-11 7.3.2 Response to Disclosure ...................................................................................... 7-12

7.4 RAP Grievances and Dispute Resolution Prior and During Land and Asset Acquisition...................................................................................................................... 7-12

7.4.1 Description of the Existing System.................................................................... 7-12

Chapter 8 Monitoring and Evaluation ................................................................................8-1

8.1 Objectives ......................................................................................................................... 8-1 8.2 RAP Monitoring Framework ............................................................................................ 8-2

8.2.1 Reporting ............................................................................................................. 8-5 8.2.2 Staff and Monitoring............................................................................................ 8-5

8.3 Internal Performance Monitoring ..................................................................................... 8-6 8.3.1 Types of Information/Data Collected .................................................................. 8-6 8.3.2 Source of Information/Data Collection Methods................................................. 8-6 8.3.3 Responsibility for Data Collection, Analysis and Reporting............................... 8-7 8.3.4 Frequency/Audience of Reporting....................................................................... 8-7

8.4 Impact Monitoring ............................................................................................................ 8-8 8.4.1 Type of Information/Data Collected.................................................................... 8-8 8.4.2 Source of Information/Data Collection Methods................................................. 8-9 8.4.3 Responsibility for Data Collection, Analysis and Reporting............................... 8-9 8.4.4 Frequency/Audience of Reporting....................................................................... 8-9

8.5 External Monitoring.......................................................................................................... 8-9 8.6 Completion Audit ........................................................................................................... 8-10

Chapter 9 Resettlement Budget and Financing..................................................................9-1

Chapter 10 Schedule for RAP Implementation..................................................................10-1

10.1 Plan Preparation.............................................................................................................. 10-6 10.2 Consultation and Disclosure ........................................................................................... 10-6 10.3 Land Acquisition and Construction ................................................................................ 10-7 10.4 Monitoring and Evaluation ............................................................................................. 10-7 10.5 Community Development Programs............................................................................... 10-7

Page 11: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Table of Contents

June 2004 Nigeria Final Draft RAP Rev 1 TOC-5

Annexes Annex 1.1 Involuntary Resettlement Policy OP 4.12 Annex 2.1 Population Density Annex 2.2 A Sample of Co-ordinates Register Annex 4.1 Household Survey Annex 4.2 West Africa Gas Pipeline (WAGP) Community Survey Annex 5.1 A Sample of Compensation Rates for Structures/Natural Features Recommended by

OPTS Sub-Committee on Land Acquisition Annex 5.2 A Sample of Compensation Rates for Economic Crops and Trees Recommended by

OPTS Sub-Committee on Land Acquisition Annex 5.3 Compensation Rates for Natural Features/Land Recommended by OPTS Sub-Committee

on Land Acquisition Annex 5.4 Compensation Rates for Natural Features/Land: Siltation/Pollution/Loss of Use

Recommended by OPTS Sub-Committee on Land Acquisition Annex 5.5 Indicative Compensation Rates Obtained from Ogun State Property and Investment

Corporation (OPIC) Annex 6.1 Nigeria Estate Survey Variables and Sample Data Annex 7.1 Consultations

Page 12: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Table of Contents

June 2004 Nigeria Final Draft RAP Rev 1 TOC-6

List of Figures Figure 1.1-1 West African Gas Pipeline Project Route Figure 1.1-2 Pipeline Route in Relation to “Tee” and Compressor Station Figure 1.2-1: Number of Affected Land Segments by Community Figure 1.2-2: Average Area of Affected Land Segments by Community Figure 1.2-3: Total Area of Land Lost by Community (ha) Figure 2.3.1: Alagbado Site Location Figure 2.3-2: Compressor Station Configuration Figure 2.5-1: Pipeline Construction Corridor Figure 4.3-1: Nigeria Communities Map and Project Facilities Figure 4.4-1: Migratory Status Figure 4.4-2: West African Gas Pipeline Equipment/Material Delivery Route Figure 4.4-3: Land-Use Patterns in Surveyed Communities Figure 4.5-1: Employment in the Surveyed Communities (ages 14 and over) Figure 4.5-2: Employer Characteristics in the Surveyed Communities (ages 14 and over) Figure 4.5-3: Income Earners in Household Figure 4.5-4: Reported Sources of Household Income in Affected Communities Figure 4.5-5: Household Expense Comparison – Directly Affected Households and

Communities Figure 4.5-6: Reliance on Agriculture and Monthly Incomes* Figure 4.5-7: Relationship between Land Size and Household Incomes Figure 4.5-8: Household Asset Ownership (% of households) Figure 4.5-9: Average Area of Land Owned by Households in Affected Communities Figure 4.6-1: Home Ownership Status and Number of Rooms in Homes Figure 4.9-1: Loss of Land among Affected Landowners Figure 4.9- 2: Gender Distribution of Affected Landowners Figure 4.9-3: Age of Affected Tenants Figure 4.9-4: Age of Landowners Figure 5.3-1: Land Acquisition Process in Nigeria Figure 5.3-2: Land Acquisition Process in Nigeria (Phase 3B) Figure 5.3-3: Land Acquisition Process in Nigeria (Phase 3C) Figure 5.3-4: Land Acquisition Process in Nigeria Figure 5.3-5: Land Acquisition Process in Nigeria Figure 5.3-6: WAGP Dispute Resolution Process in Nigeria Figure 5.3-7: Post Acquisition Claims & Disputes Resolution Process in Nigeria Figure 5.5-1 WAPCo RAP Team Organization Chart Figure 6.1.1 Pipeline Route in Nigeria Figure 6.2-1 Number of Affected Owners by Community* Figure 6.2-2 Affected Tenants by Community* Figure 6.2-3 Gender Distribution of Tenants on Affected Plots* Figure 6.3-1 Trees Located in the Affected Areas* Figure 6.3-2 Sources of Household Income in Affected Communities Figure 7.4-1 Existing Grievance Process in Nigeria Figure 10.1-1 RAP Implementation Timeline

Page 13: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Table of Contents

June 2004 Nigeria Final Draft RAP Rev 1 TOC-7

List of Tables

Table 1.1-1: General Land Characteristics of the WAGP Project Area in Nigeria Table 1.2-1: WAGP Project-Affected Populations Table 1.2-2: Landowners and Other Claimants Table 1.2-3: Area and Number of Affected Segments Table 1.2-4: Characteristics of Affected Land Segments Table 2.7-1: Land Acquisition Requirement in Nigeria Table 4.4-1 List of Surveyed Communities Table 4.4-2: Population in Local Government Jurisdiction Areas Table 4.4-3: Ethnic Groups in the Surveyed Communities Table 4.4-4: Land Use Within Identified Land Parcels to be Acquired by WAPCo Table 4.4-5: Distribution of Energy Sources by Domestic Use in Surveyed Communities Table 4.5-1: Major Crops Raised by Households Table 4.5-2: Livestock Ownership Table 4.5-3: Fishing Methods Within Surveyed Communities Table 4.5-4: Sources of Annual Income in Affected Communities (USD) Table 4.5-5: Distribution of Annual Household Income in Surveyed Communities Table 4.5-6: Household Expenses in Affected Communities Table 4.6-1: Land and/or Water Ownership in Surveyed Communities Table 4.7-1: Trees Grown on Affected Lands Table 4.7-2: Crops Grown on Affected Lands Table 4.9-1: Gender of Landowners Table 4.9-2: Gender Distribution of Tenants on Affected Land Table 6.1-1: Area and Use of Affected Land in Project-Affected Area Table 6.1-2: Types of Assets Impacted in the Project Affected Areas Table 6.2-1: Age and Gender Characteristics of Land Owners (# of owners) Table 6.3-1: Potential Involuntary Resettlement Impacts of WAGP Project in Nigeria Table 6.3-2: Assets to be Restored After Pipeline Construction Table 6.3-3: WAGP Road Crossings in Nigeria Table 6.3-4: Affected Residential and Associated Structures by Community Table 6.3-5: Affected Cultural Assets by Community Table 6.3-6: Number of Trees Affected in by Community Table 6.3-7: Summary of Agricultural Land Use in the Project Affected Areas Table 6.3-8: Crops and Trees on the Project Affected Areas Table 6.3-9: Sources of Income of Affected Households Table 6.3-10: Commercial Structures in the Affected Communities Table 6.4-1: Entitlement and Compensation Matrix Table 7.1-1: Nigeria Key Stakeholders for Land Acquisition and Resettlement Table 7.2-1: Nigeria: Community Meetings Involving RAP Discussions Table 8.2-1: RAP Monitoring Framework Table 8.2-2: Internal Performance Monitoring Milestones Table 9.1-1: Budget for Compensation, Land Acquisition, and RAP Activities in Nigeria

(Planning, Construction and Operation Phases)

Page 14: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 15: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Acronyms and Abbreviations

June 2004 Nigeria Final Draft RAP Rev 1 AA-1

Acronyms and Abbreviations

CDP Community Development Program CEB Communauté Eléctrique du Bénin CNL Chevron Nigeria Limited EA External Affairs EIA Environmental Impact Assessment ELP Escravos-Lagos Pipeline ESD Emergency Shut-Down ESIA Environmental and Social Impact Assessment FEED Front End Engineering Design FGN Federal Government of Nigeria FID Final Investment Decision FOS Federal Office of Statistics ft Feet ha Hectare HDD Horizontal Directional Drilling HGA Host Government Agreement HSE Health Safety and Environment IFC International Finance Corporation IFI International Finance Institution in Inch IPA International Project Agreement km Kilometer LGA Local Government Authorities LNG Liquid Natural Gas m2 Square Meter m Meter M&E Monitoring and Evaluation NGC Nigerian Gas Company NGO Non-Government Organization NISER Nigerian Institute of Social and Economic Research NNPC Nigerian National Petroleum Corporation OPL Oil Pipeline License OPTS Oil Producers Trade Section PAA Project Affected Area PAP Project Affected Populations PCD Public Consultation and Disclosure PDP Public Display Package PNA Participatory Needs Assessment PTS Permit to Survey R&M Regulating and Metering RAP Resettlement Action Plan ROW Right of Way SIA Social Impact Assessment SNGL Shell Nigeria Gas Limited

Page 16: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Acronyms and Abbreviations

June 2004 Nigeria Final Draft RAP Rev 1 AA-2

SOBEGAZ Société Béninoise de Gaz S.A. SOTOGAZ Société Togolaise de Gaz S.A. SPDC Shell Petroleum Development Company VRA Volta River Authority VSAT/SCADA Very Small Aperture Terminal /Supervisory Control and Data Acquisition WAGP West African Gas Pipeline WAGPA West African Gas Pipeline Authority WAPCo West African Pipeline Company

Page 17: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 i

Executive Summary

Introduction

The West African Gas Pipeline Company Ltd. (WAPCo)1 intends to construct a 688.6km onshore and offshore gas pipeline transmission system that will deliver natural gas from Nigeria to markets in Benin, Togo, and Ghana, known as the West Africa Gas Pipeline Project (WAGP).

The WAGP pipeline route will start from the Alagbado “Tee” near Itoki, to Lagos Beach Compressor Station and then continue south to the shoreline crossing at Badagry Beach. From the shore crossing in Nigeria, the main trunk of the offshore pipeline will terminate at the Takoradi Thermal Power Plant in Takoradi, Ghana. Gas delivery laterals from this main pipeline route will continue to regulating and metering (R&M) stations in Cotonou, Benin; Lomé, Togo and Tema, Ghana respectively.

The project will provide important environmental, socioeconomic and development benefits for Nigeria, as well as other participating countries (Benin, Togo, and Ghana). A more secure regional energy supply will be created for power generation or direct use for industrial and non-industrial consumers, including the poor. The construction of the pipeline and associated facilities would increase short-term employment opportunities in the surrounding areas. Lastly, the development of a new fuel source would lead to secondary economic development in the region and thus create new employment, healthcare, and education opportunities for affected communities at large.

Land acquisition and resettlement impacts

The WAGP project used the World Bank’s Impoverishment Risks and Reconstruction Model (IRRR) to identify degrees of potential impact on the population in Nigeria. These risks include (i) landlessness; (ii) homelessness; (iii)loss of access to common property resources; (iv) joblessness; (v) food insecurity: (vi) increased morbidity; (vii) community disarticulation; and (viii) marginalization. Overall, land acquisition and resettlement impacts of the project are modest and concern primarily to low levels of risks associated with landlessness and homelessness.

In Nigeria, the project requires the acquisition of less than 144 hectares. Because of the linear nature of the project, this small amount of land is spread among 23 communities of two western states of the country – Ogun and Lagos. They include Itoki, Ijoko, Alade, Owode, Ajibode, Ewupe, Atuwara, Abule Benja, Igbo Oloye, Arobieye, Abiola, Okoomi, Ore

1 WAPCo is a joint venture company formed to construct, maintain, and operate the pipeline. The company is a partnership between Chevron Nigeria Limited (CNL), Nigerian National Petroleum Corporation (NNPC), the Shell Petroleum Development Company (SPDC) of Nigeria Limited, Société Beninoise de Gaz S.A. (SOBEGAZ), Société Togolaise de Gaz S.A (SOTOGAZ), and the Volta River Authority (VRA).

Page 18: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 ii

Akinde, Edu, Agbara, Igbesa (Agotutun), Ilogbo Ijobun, Ilogbo Eremi, Agunmo, Araromi Ale, Imeke, and Ajido.

A total of 1,557 private landowners and 928 tenants will lose a small portion of the total holdings they own and/or cultivate. The estimated number of people who live in the affected families of owners and tenants is 8,647. Owners lose less than 4-6 percent of their total land holdings. The income loses attributable to loss of land are less than 2 percent of total household income. About 143 residential plots are affected; on 37 of these there are fully constructed homes.

The land acquisition will be based upon a legal framework consistent with the International Project Agreement, Nigerian laws and regulations, as well as international standards outlined in the World Bank Group Operational Policy (OP) 4.12.

All affected immovable assets have been inventoried. Accordingly, about 2,578 registered land plots containing 10,212 segments with different land use characteristics (particularly regarding crops and trees) will be partially affected. A census containing the names, addresses and other characteristics of affected landowners and tenants has been prepared. Of the total 2,485 affected people all have been contacted both by the Estate Surveyors contracted by WAGP and responsible for the land and asset inventory as well as by independent surveyors that the affected populations have hired to represent them.

Land acquisition and resettlement strategy

The affected people were provided with two options: in-kind or cash compensation. The affected people opted for cash compensation for all assets. Consistent with the principles outlined in OP 4.12 and based upon the request of the affected people, the project will acquire land on a willing-buyer/willing-seller principle. Farmers will be compensated for both immovable assets and for the standing crops. At the request of the people, affected trees, wells, water tanks, fishponds as well as cultural assets such as family shrines and graves, the compensation will be made in cash. Offer was also made to help remove affected cultural assets. This constitutes the basic principle of the resettlement action plan (RAP).

In compliance with OP 4.12 and in order to minimize land acquisition and thus avoid physical and economic dislocation of the affected population, several measures were adopted: (a) the ROW and the site of the Compressor Station have been chosen among four different alternatives to impact only a few residential structures; (b) the ROW width has been kept to the minimum of 25 meters; (c) the construction of access roads to the pipeline has been avoided; (d) replacement land within the affected communities has been identified; (e) arrangements have been made to ensure that lands leased for temporary camps and storage facilities will be chosen from plots unsuitable for cultivation or returned to their original owners after proper restatement for cultivation; (f) construction plans limited the extent of clearing so as to retain as much productive land as possible; (g) provision has been made for allowing cultivation of crops up to the ROW border to limit permanent crop loss.

Page 19: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 iii

Information and consultation for RAP preparation

The planning for resettlement has involved screening, scoping of key issues, and data collection through the Estate Survey and Valuation Assessment conducted in September 2003. The Estate Survey aimed at determining exact land demarcations, clarifying land access issues, and recording the pattern of ownership and use of all the 2,578 partially affected plots. Valuation and assessment of properties to be acquired by the WAGP project was based on inflation adjusted oil industry specific rates for the land (OPTS)2.

Information additional to the Estate Survey was obtained from the household and community surveys incorporated in the Environmental and Social Impact Assessment (ESIA) of the project. ESIA household survey was based on a sample of 510 households of which, 163 will either lose land to the project or live in close proximity to the pipeline and will thus be directly impacted. The socio-economic characteristics of this group of 163 households were analyzed to better understand the project impacts.

Censuses as well as other demographic and qualitative data were also used to prepare the RAP.

WAGP conducted broad consultations with the local communities and other key stakeholders to inform them of the project and to establish an adequate process of community participation and disclosure. These consultations as well as in-depth and focus group interviews held in the context of ESIA have further informed the RAP preparation.

Key characteristics of affected populations

The analyses of the Estate Survey showed that:

• The majority of the affected households are landowners;

• Female land owners constitute a smaller portion of the affected people, and lose less land than the men. Affected female owners lose an average of 433 sqm land to the project; the respective number for male owners is 921sqm;

• Age specific vulnerabilities are not visible. However, there are indications that the elderly are over-represented among the landowners in some communities;

• Most of the affected land is used for agricultural purposes and the affected

households have a high degree of reliance on agriculture;

• Both subsistence and commercial crops are grown on different segments of the affected plots;

2 OPTS –Oil ProducersTrade Section.

Page 20: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 iv

• Although no forest or pasture lands are to be affected, households will lose a considerable number of hardwood and softwood trees used for agricultural, commercial and medicinal purposes;

• Only a few residential plots are affected; most of buildings on land are in the process of construction;

• Water resources such as fishponds and streams are found in few of the affected plots. After construction, the hydrological regimes will be restored to pre-construction conditions to avoid adverse impacts; and

• All affected households prefer cash compensation, despite being offered in-kind compensation based on land-for-land arrangements;

The analyses of the ESIA socio-economic surveys showed that:

• A large proportion of the directly affected households are rural, and the majority of them have been living in the same community since they were born;

• Agriculture is the most important income generating activity for both the

communities in general and for the directly affected households. About 72 percent of the directly affected households engage in subsistence agriculture while 43 percent grow commercial crops. Most households define themselves as self-employed agricultural workers, and indicate that they are highly dependent on access to land;

• Livestock management is not widespread among the directly affected households,

although a significant portion of them keep poultry and sheep;

• There is no significant difference between the directly affected households and other members of their communities in terms of ethnic origin. Similar procedures for land acquisition will apply across all ethnic groups;

• Education and literacy rates are high among the population in the affected areas, thus

facilitating the dissemination of information regarding the project;

• Directly affected households are more likely than others to be reliant on the income-earning abilities of only one or, at the most, two household members. Other households in affected communities tend to have more than two people earning incomes. Thus, temporary work opportunities offered by the project may appeal to the directly affected households;

• The reported income levels are low, but despite this affected households have good

access to basic infrastructure and consumer items;

• There is no significant difference between the directly affected households and others with regard to ownership of household and transport assets. Therefore, if the directly

Page 21: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 v

affected households opt to obtain land elsewhere, or relocate their homes, they will not be disadvantaged in comparison with other members of their communities; and

• Households in surveyed communities view the project in a positive light, mainly due

to its expected employment impact as well as benefits to be accrued during the operation of the pipeline.

Determination of entitlements and compensation levels

According to the Entitlement and Compensation Framework prepared for the WAGP project in Nigeria, compensation will be provided to two categories of the affected population: (a) the landowners, including the absentees; and (b) the tenants. For the loss of land, crops, and structures WAGP will provide cash compensation based on a willing-buyer/willing-seller model. All land acquired and assets impacted as a result of the WAGP project will be compensated through a negotiated agreement.

According to the OP 4.1.2 cash compensation for lost assets is appropriate where (i) the acquired land is a small fraction of the affected land and thus the residual remains economically viable; (ii) active markets for land and housing; and (iii) livelihoods are not land-based and thus the impact is indirect. These conditions for payment of cash compensation are largely met in Nigeria. There appears to be an active land and housing market in and around the affected communities exist. Despite reliance of households on agriculture, only a small fraction of family holdings and incomes are affected by the project.

The negotiations for compensation for land were based on the 1998 OPTS3 rates established by the Government for the oil sector. These rates are multiplied by 10 and then further increased by 50-75 percent to reflect inflation adjustment and restoration of lost incomes. Affected crops and trees, as well as structures will receive 50-75 percent over the1998 OPTS rates. The entitlements for tenants are limited to affected crops and trees. Tenants will also receive 50-75 percent over the 1998 OPTS rates for standing crops. Both tenants and landowners will pay all transaction costs, including the fees for the estate surveyors who represent them, out of the lump-sum compensation payments they will receive from WAGP.

WAGP held broad consultations with local communities and other key stakeholders such as community leaders and public officials to ensure that the entitlements and the compensation levels established are accurate and appropriate. The land plots identified by Estate Surveyors for acquisition were publicly announced and displayed to verify entitlements. Negotiations for compensation were held with several estate agents that people chose to represent them. Choices for in-kind versus cash compensation were also presented through these agents to all affected parties.

3 OPTS – Oil Producers Trade Section

Page 22: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 vi

RAP implementation arrangements and organizational responsibilities

Responsibilities for the commitments proposed in the RAP reside within WAPCo and are delegated internally and to qualified contractors such as Estate Surveyors. A well defined organizational structure exist with all units and staff assigned to specific roles associated with the process of RAP impact minimization, census and inventory preparation and confirmation, consultation and feedback, compensation negotiations, land acquisition and registration, as well as monitoring and reporting.

Various departments of WAPCo are involved in the implementation of resettlement activities, under the overall guidance of the office of the Project Director who reports directly to the WAPCo Managing Director. A special unit referred as the RAP Management Team works with the Project Director to ensure RAP implementation as well as to carry out the internal monitoring. Within the Team, the core responsibilities of the RAP work rests with the Community Relations staff. They responsibilities of the individual departments include the following and are spread over the RAP process beginning with the identification of alternatives routes/sites to resolution of disputes:

• External Affairs (EA) is currently responsible for facilitating liaison with communities as well as government agencies to facilitate stakeholder consultations throughout the life of the project. Following FID the Government Relations reps will report to WAPCo General Manager, Corporate Affairs, with Community Relations maintaining it’s reporting relationship to the Project Director

• Health, Safety and Environment submits Estate Survey and socioeconomic surveys as part of the EIA and RAP approval process, including public notification and public hearings;

• Engineering identifies alternative project sites and pipeline routes, contracts and supervises Estate surveyors, works with landowners and tenants on verifying their titles and conducts negotiations on compensation payments;

• Legal provides advice to the WAPCo team, including verification of power of attorney and drafting of legal agreements with affected parties; and

• Accounting processes payments to the affected people.

In addition, a number of the central and federal government agencies have legal responsibilities in the implementation of the RAP. They include State Ministry of Lands and Housing, Bureau for Lands and Survey, Office of State Surveyor General, Town Planning Division, Forestry Research Institute of Nigeria, Department of Petroleum Resources, State Ministry of Tourism/Tourism Board, as well as local government councils and traditional leadership.

Page 23: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 vii

RAP Monitoring

Both internal and independent external monitoring and evaluation arrangements, including impact studies have been designed and fully funded. For external monitoring purposes an independent Expert Panel will be created. This Panel will also review RAP performance in other countries falling under the project.

Page 24: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 viii

Entitlement and Compensation Matrix4

Project affected people

Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Property Owners

Loss of land Provision of land nearby with similar characteristics;

OR

Cash compensation for land (valued according to 10 times the OPTS rates plus 50-75 percent) and agreed upon based on willing-seller/willing-buyer arrangements.

Land will be prepared for cultivation or the negotiated compensation is assumed to include cost of land preparation to allow them do the work;

Standing trees will be compensated in cash;

All other immovable assets on affected land (such as barns) will be compensated in cash unless affected households ask for assistance in re-constructing or otherwise replacing these assets;

Expected income stream from the affected asset is assumed to be included in the negotiated compensation to the owner.

Affected people that prefer cash compensation will be informed that cash compensation fully covers all expenses of replacement land whether or not they actually chose to buy such land.

If cash compensation option is selected, the lump-sum payment will include all relevant taxes, fees, transaction costs; these will not be paid out separately;

If replacement land offered in the vicinity of the lost land is not acceptable to the affected households cash will be offered based on willing-buyer/willing-seller arrangements;

Farmers will be provided with the top soil taken from the 25 meter pipeline corridor;

The corridor will not be fenced. People will be free to use the corridor to access different parts of their farm and/or their work (school, or other social facilities);

The corridor will be leveled and be put into the pre-project conditions to allow passenger and light farm machinery or light transport;

Compensation will be paid directly to the affected people.

4 The summary of entitlements provided in this matrix is expanded in Chapter 6.

Page 25: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 ix

Entitlement and Compensation Matrix4

Project affected people

Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Loss of residential structures (completed)

Cash compensation at 50-75 percent above OPTS rates from 1998;

OR

Provision of similar structure located elsewhere.

Income stream from attached garden / yard will be provided, based on crop valuations;

Affected people that prefer cash compensation will be informed that cash compensation fully covers all expenses of replacement structure whether or not they actually chose to buy such structure.

If cash compensation option is selected, the lump-sum payment will include all transaction costs; these will not be paid out separately;

Compensation will be paid to affected people directly.

Loss of fish ponds

No significant impact is expected. The pipeline will pass through the ponds or under streams.

Income streams may be affected only in accidental situations.

Contractors’ contracts will include a clause for case-by-case evaluation for lost income stream and compensation (especially in the Badagry Creek area).

Loss of trees Cash compensation for the timber value of lost trees;

OR

Should the landowners desire, seeds and seedling will be provided instead of cash.

Loss income stream from trees is included in the negotiated compensation.

If cash compensation option is selected, the lump-sum payment will include all transaction costs;

Compensation will be paid directly to the affected people.

Tenants Loss of access to land and associated income and livelihood generating opportunities

Not applicable, unless they have installed wells, hand pumps, informal irrigation schemes, sheds, etc on the land as per agreement with owners.

Assistance in finding replacement land of like kind and in leasing this land;

OR

One-time cash payment for standing crops and for any assets they have claims for.

If cash compensation option is selected, the lump-sum payment will include all relevant transaction costs.

Page 26: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Executive Summary

June 2004 Nigeria Final Draft RAP Rev 1 x

Entitlement and Compensation Matrix4

Project affected people

Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Loss of standing crops present on land at time of WAGP land acquisition

Cash compensation. Not applicable If cash compensation option is selected, the lump-sum payment will include all transaction costs;

Compensation will be paid directly to the tenants.

Local community at large

Loss of communal lands and royal / traditional lands

Provision of land nearby with similar characteristics;

OR

Cash compensation.

Not applicable Cash compensation options will be discussed with the local government councils (village chiefs.)

Loss of shrines, graves and other cultural assets

Pipeline re-routing;

OR

Moving the shrines to a new location, acceptable to communities;

OR

Cash compensation.

Not applicable Payment will be made for the loss of use of land, and shrines will be relocated at the new place, purchased by WAPCo and acceptable to the households / community affected;

If the affected households / community opts to receive cash compensation instead of removal and restatement, case-by-case compensation arrangements will be made.

.

Page 27: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-1

Chapter 1 Introduction

This Resettlement Action Plan (RAP) describes the framework and procedures that the project proponent will follow in the acquisition of and compensation for land and assets, both permanent and temporary, in the Nigerian portion of the West African Gas Pipeline Project (WAGP). The RAP describes the Project’s land acquisition and compensation principles as well as procedures and progress made through May 2004.

1.1 Brief Description of Project The West African Gas Pipeline Company Ltd. (WAPCo) intends to construct a 688.6 km (428 mile) gas pipeline transmission system, onshore and offshore from Nigeria to Ghana. The pipeline will deliver natural gas from Nigeria to markets in Benin, Ghana, and Togo.

WAPCo is a joint venture company formed to construct, maintain, and operate the pipeline. The company is a partnership among Chevron Nigeria Limited (CNL), Nigerian National Petroleum Corporation (NNPC), The Shell Petroleum Development Company (SPDC) of Nigeria Limited, Société Beninoise de Gaz S.A. (SOBEGAZ), Société Togolaise de Gaz S.A (SOTOGAZ), and the Volta River Authority (VRA). The partnership of these companies was formerly known as the “Joint Venture” or the “Commercial Group.”

The proposed pipeline route is shown below in Figure 1.1-1. The pipeline will start in Nigeria from a connection at an existing Escravos-Lagos Pipeline (ELP) junction at the Alagbado “Tee” near Itoki to a beachhead in Ajido, near Badagry.1 Lateral connections will extend from the offshore trunk to intermediate locations in Benin, Ghana, and Togo.

From the “Tee,” the pipeline route would proceed 56km south to Lagos Beach Compressor Station, and continues an additional 2km south to the shoreline crossing at Badagry Beach. Thus, the total length of the pipeline would be 58km. The first 4km of the onshore pipeline route will parallel existing Rights of Way (ROW) belonging to NGC and Shell Nigeria Gas. The next 32km, the WAGP ROW will run adjacent to the Shell Nigeria Gas pipeline ROW. From there to the Lagos Beach Compressor Station, a distance of about 18km; and from there 2km to the shoreline downstream of the Compressor Station after crossing Badagry Creek, the pipeline will be constructed on land previously unoccupied by or adjacent to any pipeline ROW.

1 The ELP is owned by Nigerian National Petroleum Corporation (NNPC) and operated by the Nigerian

Gas Company (NGC), a subsidiary of NNPC.

Page 28: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-2

Figure 1.1-1 West African Gas Pipeline Project Route

Page 29: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-3

Figure 1.1-2 Pipeline Route in Relation to “Tee” and Compressor Station

Compressor Station Location

Alagbado Tee

ProposedPipeline Route

Proposed Locationof Isolation Valve

0 2.5 5 7.5 10Kilometers

±

Page 30: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-4

The Lagos Beach Compressor Station will be built to boost gas pressure for transmission offshore. Gas compression will initially occur only in Nigeria but provisions are being made in the design of the transmission system for expansion of compression capability in the future through the possible installation of midline compression facilities at Lomé, Togo as well as additional compressors at the Lagos Beach Compressor Station. Should requirements necessitate extending the pipeline past Takoradi, Ghana, compression facilities can be installed later at Takoradi. While the initial design calls for the Lagos Compression Station, a temporary bypass pipeline will be installed around the Compressor Station to expedite initial gas deliveries to customers while the construction of the permanent station bypass and compressor station is completed. This will allow a minimal flow of gas to downstream customers. Based on anticipated delivery rates and pressures from the upstream ELP system, delivery rates in the range of 30 to 60 million standard cubic feet per day (MMscfd) will be possible without compression. Initial pipeline capacity with compression at Lagos Beach will be 190MMscfd.

From the Lagos Beach Compressor Station, the gas will be transmitted through a 20in (50.8cm) pipeline offshore, a distance of approximately 15km. There the route will turn west and extend through the territorial waters of Nigeria, Benin, Togo, and Ghana, terminating at Takoradi, Ghana. The general land and residential characteristics of the project area in Nigeria are provided in Table 1.1-1. The main trunk of the offshore pipeline will be placed on the seafloor at an approximate distance of 16 to 26km from shore. At three locations, connections will be made from the main offshore trunk to laterals ranging in diameter from 8 to 18 inches (20-46cm), which will transmit gas to delivery points at Cotonou, Lomé, and Tema. In Cotonou, the onshore part of the lateral will extend a distance of approximately 5km to the regulating and metering (R&M) station. WAPCo will also construct a link line from this R&M station to a foundation power-generation customer located 9.5km to the northeast. In Lomé, the onshore pipeline approach consists of approximately 0.20km to the R&M/future midline compressor station and another 0.8km link line extension to deliver gas directly to local power plants. In Tema, the lateral will extend onshore only 0.52km to an R&M station. In Takoradi, the onshore length of the main trunk is 0.90km.

As summarized in Table 1.1-1, the project’s land acquisition and resettlement impacts in Nigeria are modest. A total of 144 hectares of land will be acquired, affecting 1,557 owners and 928 tenants. All owners, resident and absentee, have been identified and informed. Of the 143 residential structures affected, many are under construction, with only 37 completed and most of the remaining with foundations laid. There are 1,557 households owning at least one parcel of land that will be either entirely, or more often partially, acquired by the project. In this RAP the term “plot” is referred only to the land to be acquired by the project.

Page 31: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-5

Table 1.1-1: General Land Characteristics of the WAGP Project Area in Nigeria Length/ROW Width of Pipeline Onshore 58km-long and 25m-wide corridor Area of Permanent Compressor Station2 8.5 ha Alagbado Tee 0.31 ha Total Land Affected by the 25-meter Corridor 1353 ha Number of Affected Plots and Land Segments4 2,578 plots/ 10,212 segments5 Number of Communities Affected 23

Number of Affected Districts/States 4 local government areas (LGA), 2 in each state/2 states

Number of Affected Households (including private landowners and tenants)

Private owners: 1,557 Tenants: 928

Residential Structures 143 Affected Forest None Affected Pastures None Affected Croplands 133.3 ha Fishing Streams Affected 0.8 ha New Access Roads Constructed None

Other Facilities Midline block valve stations: 1

Pipe yards (temporary): 2 Construction camps (tentative): 1

Over 90 percent of the affected landowners will lose only one plot and 7 percent will lose two plots to the project. Each owner of a plot or plots to be acquired has an average of 4 segments of land with different crop characteristics.6 Therefore, there are 10, 212 segments within plots to be acquired by the project

2 The land for the proposed site for the Compressor Station belongs exclusively to one family with several

brothers. 3 Although a 58km by 25m corridor indicates 140 hectares, in certain segments the corridor will be

narrower; thus the total area affected by the corridor will be even smaller. The Estate Survey data covers both the corridor and the other facilities and indicates that a total of 143.7 hectares of land will be acquired.

4 The Estate Survey and Valuation Assessment provides information only on the plots that will be acquired by the project rather than on the total land holdings of affected families, a portion of which will be acquired by the project. The 2,578 plots are actually portions of family holdings. The segments within plots represent different land uses, recorded by Estate Surveyors to assist in evaluating the plots.

5 Since the distinction is among the different uses of land, the number of land segments affected is far greater than the number of unique owners and users (tenants) of land. The total of land segments also includes 17 that were under a dispute at the time of the Estate Survey. However, the WAGP indicated that these disputes have been resolved since then.

6 For instance, one plot may be divided into 4 different segments, each accommodating a different type of asset such as a house, timber trees, fruit trees, and a fish pond. Also, of these 4 segments, one may be cultivated by someone else, referred to as a ‘tenant’ for purposes of data.

Page 32: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-6

1.1.1 Value of the Project

The capital investment of the WAGP project is estimated at US$500 million. The total cost of the pipeline construction in Nigeria alone is estimated to be US$117.8 million. It is projected that an additional US$600 million would be invested in secondary development of new power generation facilities or upgrades of existing facilities in Benin, Ghana, and Togo (Energy Information Administration, 2003). A number of potential benefits resulting from the proposed WAGP project have been identified; and the environmental, social, and economic benefits are summarized below.

1.1.1.1 Environmental Benefits

The WAGP project would improve the regional environment by meeting energy needs with cleaner-burning natural gas instead of less desirable fuels, thereby reducing the amount of air pollution produced, particularly greenhouse gas emissions. Compared to the average air emissions from oil-fired generation, natural gas produces 20 percent less carbon dioxide, less than one percent as much sulfur oxides, and less than half as much nitrogen oxides. Even more significant, the collection of natural gas for end-use would reduce pollution associated with open-flare gas burning now ongoing in Nigeria. The use of currently wasted natural gas as an energy source will reduce greenhouse gas emissions, resulting in global climate change benefits. WAPCo has conducted a separate greenhouse gas analysis to quantify the carbon dioxide reduction benefits of the proposed project.

1.1.1.2 Social Benefits

The WAGP project would provide a more secure regional energy supply via power generation or direct use for industrial and other institutional consumers. Households, including those who are poor, will also benefit from enhanced electrical energy availability. The project would also accelerate regional integration and enable sustainable development. The construction of the pipeline and infrastructure would increase short-term employment opportunities in the surrounding areas. Lastly, the development of a new fuel source would lead to secondary economic development in the region and thus create new employment, healthcare, and education opportunities for affected communities.

1.1.1.3 Economic Benefits

Energy is a vital component of economic growth. The WAGP project would provide a lower-cost, sustainable fuel (and electricity-generation) solution for Benin, Ghana, and Togo. The produced gas would provide fuel for both existing and planned independent power plants, and for industrial and commercial consumers. WAGP would also create a new tax and tariff revenue stream, which would increase tax receipts in all the countries. In addition, the WAGP project would provide infrastructure that would act as a trigger for stimulating direct foreign investment in new and existing West African industries, as well as providing trade opportunities. The provision of a market and a financial return for natural gas currently being wasted will provide an infusion of funds into Nigeria, resulting in positive economic benefits in that country.

Page 33: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-7

1.1.1.4 Project Proponent

The project developer and project proponent for the WAGP Project is the West African Gas Pipeline Company Ltd., or WAPCo. WAPCo is a separate, stand-alone business entity formed by the consortium of companies known originally as “the commercial group.” Shares in the company are distributed among its partners – CNL, NNPC, SPDC, VRA, SOBEGAZ, and SOTOGAZ7.WAPCo, through formal project management and construction management agreements, is responsible for the overall monitoring of land acquisition and resettlement.

1.2 Project-Affected Peoples and Areas The WAGP pipeline runs through the Lagos and Ogun states, bisecting 23 communities. Building the pipeline will require acquisition of 144 ha of land necessary for the Right-of-Way (ROW), Compressor Station and other associated facilities. Because the land taken in a given area along the pipeline route involves only a narrow 25 meter-wide strip, the project affects relatively few households in most localities.

As planned, the 58 kilometers of pipeline and associated facilities onshore pass through 23 communities and involve over 10,212 land use segments (Table 1.2-1). Fourteen of the 23 affected communities have a combined total population of about 58,000 people. Information on the total population of the remaining nine communities is not available, but it can be assumed that a total of about 90,000 live in all 23 communities. This group is referred to as the project-affected population. By contrast, the directly affected population includes only those households whose plots are going to be acquired for the project. Table 1.2-1 shows 2,485 households of landowners and tenants have approximately 8,647 persons living in them8. They comprise 9 percent of the affected communities. An average affected household will lose 4-6 percent of its total land holding. In other words, including the tenants, a modest number of people in the relevant communities will be affected through the land acquisition activities; and the average impacts on affected households are modest.

7 The shares in the company are distributed among CNL(36.7 percent), NNPC (25 percent), SPDC (18

percent), VRA(16.3 percent), SOBEGAZ (percent)and SOTOGAZ (2 percent) 8 According to the ESIA, the average household size in the affected area is 3.48.

Page 34: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-8

Table 1.2-1: WAGP Project-Affected Populations9

Community Population-

2003

# of Affected Land

Segments # of Affected Landowners

Population of Affected

Landowner Households10

Percent of Affected

Owners11 in each

Community12

Ajibode 604 74 9 31 5.1 Ajido13 4,846 220 40 139 2.9 Alade 3,910 156 26 91 2.3 Araromi Ale 1,961 149 26 91 4.6 Arobieye 161 179 23 80 49.7 Ewupe 465 169 15 53 11.4 Igbesa 17,905 4,857 874 3,042 17.0 Ijako 11,285 39 5 17 0.2 Ilogbo Eremi 5,381 369 26 8 0.1 Imeke/Agemowo 3,424 252 36 126 3.7 Itoki 420 253 65 227 54.0 Itori 6,188 210 22 77 1.2 Oloya/Abiola 293 370 4 14 4.8 Owode 708 73 17 60 8.5 Remaining 9 Communities

N/A14 2,842 369 1,284 N/A

Total for 14 Communities

57,956 7,370 1,188 4,134 9.2

Total for All Communities

90,000 10,212 1,557 5,342 N/A

There are 2,485 potential claimants (Table 1.2-2) for the directly affected individual land plots; 63 percent of the claimants are landowners while the rest tenants.

9 The table does not contain information on all 23 affected communities since population figures were not available for

some communities. 10 According to the project ESIA, the average household size is surprisingly low: 3.48. Thus, an estimate of the

directly affected number of people is made by multiplying the individual owners by the average household size. 11 Numbers refer to landowning household populations only. 12 Calculated using 2003 population data. 13 The total number of segments in Ajido includes those located in the Lagos Beach Compressor Station site. . 14 National Census data is not available.

Page 35: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-9

Table 1.2-2: Landowners and Other Claimants

# of Households With a Compensation Claim

Of Which Total Numberof Tenants

Ajibode 11 2 Ajido 52 12 Alade 33 7 Araromi Ale 54 28 Arobieye 33 10 Egushi Benja 31 7 Etere 14 12 Ewupe 36 21 Idagha Iyeshi 36 22 Igangbo Igbereb 29 18 Igbesa 1,160 286 Igboloye 149 98 Ijako 6 1 Ijaliye 15 10 Ijoko 176 18 Ilogbo Eremi 89 63 Imeke/Agemowo 56 20 Isorosi 10 5 Itoki 88 23 Itori 44 22 Okoomi 237 138 Oloya/Abiola 102 98 Owode 24 7 Total 2,485 928

Source: Nigeria Estate Survey. 2003.

The Estate Survey shows that out of 144 hectares of land that will be acquired in Nigeria, the largest number of affected land segments and the largest land area affected between the ROW and compressor station is in Igbesa. The largest average land loss per segment is in the Oloya/Abiyola Community (Figures 1.2-1 and 1.2-2).

Examination of the information available for a select number of directly affected communities shows that the pipeline impacts a varying proportion of community residents as it passes through relatively densely populated urban and rural areas. Table 1.2-1 also shows relatively modest population increases for most affected areas, except Igbesa, Ijako, and Itori. An estimate of the number of people that will be affected by the project shows that outside of two areas, a small portion of the community residents will be affected. For instance, about half the population in Arobieye and Itoki are likely to be affected by the project because someone in their family owns land, a plot of which will be acquired by the project.

Page 36: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-10

In Igbesa Community, the average size of lost land segments is only 274 m2 (the smallest average) although a much higher number of land use segments is lost. In other words, in some areas each plot contains many different land segments (with different characteristics) while in other areas most plots may be under one crop or left fallow.

The Estate Survey data shows that many families have several land segments with different characteristics that will be acquired by the project. Thus, the number of land segments affected is far greater than the number of owners. The number of plots given here represents individually owned land parcels to be acquired for the project. Within the plots are land segments with different types of crops or structures on them.

The status of tenants and the conditions of tenancy are somewhat unclear, but whether an owner or a tenant cultivator, each individual with a claim on a plot has been carefully recorded.15 Given the small number of disputed land segments, the communities clearly identify entitlements of both owners and cultivators, whether or not they own a plot. Some ‘tenants’ may indeed have lease arrangements with owners while most appear to be family members.16 Nevertheless, the claims of each household for the standing crops or other assets are recognized, as are the ownership rights. Table 1.2-2 shows that 2,485 households have claims against the land permanently needed for the project. Of these, most (1,557) are owners/cultivators, and 928 are cultivators with no ownership claims. Given the small amount of land needed for the project, the high number of claimants together with over 10,000 land segments to be separately assessed and compensated creates a significant challenge for the project land acquisition team. Nevertheless, the work has been completed, and agreements can be completed for willing-buyer/willing-seller arrangements once the Final Investment Decision (FID) is declared (Chapter 5).

Table 1.2-3 and Figure 1.2-1 indicate the area and number of the land segments to be acquired in each community. The highest level of acquisition will occur in Igbesa where about 26 hectares of land in over 4,000 segments will be lost to the project. In general, the level of loss per community is extremely small, ranging between 1.4 and 14 hectares. In each community, however, plots to be acquired consist of many segments, owned and/or cultivated by many different families. An average household losing land to the project will be deprived of a small land area of 700 square meters, but owns about 1.7 hectares (Chapter 4).

The Estate Survey indicates that the large majority of affected plots are owned privately. In some cases, a family is identified as the owner although the name of the person cultivating the land is indicated to allow the identification of direct livelihood impacts. In fewer cases, the affected plots belong either to communities or to clans/lineages.

15 On agricultural land, the African traditions of communal holdings prevail so that many people are their

‘brother’s keeper.’ Many urban settlers have land and they allow their neighbors in the village to farm without charging rental. This helps avoid encroachment by strangers. Some owners charge rent. The payments range from 6,000 Naira (or $45) per annum to 5 percent of the produce. Some tenants cultivate and tender a portion of the land for the owner.

16 The Estate Survey recorded every claim in detail for each segment of each plot. From the review of owner and claimant names on each of the 10,212 segments, it is clear that while a member of the family is the owner, other members are cultivators.

Page 37: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-11

Table 1.2-3: Area and Number of Affected Segments

Village or Community Total Area of Land to beAcquired for the Project

(ha)

Number of Affected Land Segments17

Idagha Iyeshi 2.410 83 Ajibode 1.845 74 Ajido 5.420 219 Alade 4.020 156 Araromi 6.117 148 Arobieye 3.762 179 Egushi Benja 4.571 151 Etere Community 1.125 58 Ewupe 4.933 169 Igangbo Igbereb 2.660 156 Igbesa 26.493 4,847 Igboloye 6.523 667 Ijako 1.388 39 Ijaliye 2.965 61 Ijoko 9.252 605 Ilogbo Eremi 13.457 369 Imeke/Agemowo 12.251 252 Isorosi 0.748 65 Itoki 3.510 253 Itori 3.204 210 Okoomi 12.736 990 Oloya/Abiola 4.533 370 Owode 2.145 73 Total 143.727 10,194

Source: Nigeria Estate Survey, 2003.

17 The total number of land segments is 10,212. Slightly different numbers may appear on the text and the tables

because of missing numbers for some variables

Page 38: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-12

Figure 1.2-1: Number of Affected Land Segments by Community18

0 1000 2000 3000 4000 5000

Araromi Ale

Egushi Benja

Alade

Igangbo Igbereb

Ewupe

Arobieye

Itori

Ajido

Imeke/Agemowo

Itoki

Ilogbo Eremi

Oloya/Abiola

Ijoko

Igboloye

Okoomi

Igbesa

number of affected land plots

com

mun

ity

Source: Nigeria Estate Survey, 2003.

Figure 1.2-2 illustrates that the highest average land loss occurs in Oloya/Abiola, even though the total area of land lost is not very high.

Table 1.2-4 illustrates the characteristics of the affected land segments. Most of the affected land is used for agricultural purposes, although a total of 85 affected land segments contain cultural assets such as churches and shrines, and 143 plots include residential structures,19 some of which had been completed and others of which were still in the process of construction at the time of the Estate Survey in late 2003. Figure 1.2-3 illustrates the total area of land lost in each community.

18 Communities with fewer than 100 affected land segments are not included in this graph. 19 During the time of the Estate Survey, a cut-off point had not been established. This was done in March

2004, in accordance with the legal framework described in Chapter 3 and procedures outlined in Chapter 5. While some residential structures incomplete in 2003 could have been completed during the period between the completion of the Estate Survey and the declaration of the cut-off point, ongoing negotiations show that this has not been done. Nevertheless, if at the time of the final negotiations some homes appear to be more complete and/or contain additional immovable assets, compensation will be provided to cover these additions. This is reflected in the budget set aside for land acquisition and resettlement.

Page 39: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-13

Figure 1.2-2: Average Area of Affected Land Segments by Community

0 2,000 4,000 6,000 8,000 10,000 12,000

Igboloye

Alade

Ajibode

Arobieye

Isorosi

Araromi Ale

Igangbo Igbereb

Ajido

Imeke/Agemowo

Ijaliye

Ewupe

Ijako

Ilogbo Eremi

Etere

Oloya/Abiola

com

mun

ities

size of lost land (square meters)

Source: Nigeria Estate Survey, 2003.

Page 40: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-14

Table 1.2-4: Characteristics of Affected Land Segments

Affected Assets Number of Affected Plots Trees

Fruit Trees 3,528 Timber Trees 917

Crops Staple Food Crops 2,988 Commercial Crops 1,410

Timber Trees 917 Nut Trees/Bushes 789

Community Land 128 Water-Related Infra-Structures 74 Blockwork Structures 73 General Agriculture 23 Fences 24 Agricultural Structures 22 Commercial Structures 7 Hospital/Not Constructed 1 Cultural Assets 85

Churches 6 Graves 16

Praying Grounds 3 Shrines 60

Residential Buildings 143 Fully Completed Residential Buildings 37 Incomplete Residential Buildings With

Foundation 63 Partially Completed Residential

Buildings 43

Source: Nigeria Estate Survey, 2003.

Page 41: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-15

Figure 1.2-3: Total Area of Land Lost by Community (ha)20

0 5 10 15 20 25 30

Itori

Itoki

Arobieye

Alade

Oloya/Abiola

Egushi Benja

Ewupe

Ajido

Araromi

Igboloye

Ijoko

Imeke/Agemowo

Okoomi

Ilogbo Eremi

Igbesa

total size of affected plots (ha)

com

mun

ities

Source: Nigeria Estate Survey, 2003.

1.3 Resettlement Implementing Agencies There are a number of Federal Government Ministries, departments, and agencies with responsibilities for land acquisition. These include the State Ministry of Land and Housing, Bureau for Lands and Survey, Office of State Surveyor General, Town Planning Division, Forestry Research Institute of Nigeria, Department of Petroleum Resources, State Ministry of Tourism/Tourism Board, and local government councils.

Consultations with the Ministry of Land and Housing are essential to avoid conflict of interests for land development purposes.21 The Bureau for Lands ensures that land use and land development plans are carried out strictly with the intent authorized by the Government. The Bureau approves the construction of the corridor and participates in the identification of appropriate land as well as in the allocation and acquisition process. Indeed, this agency issues the Certificate of Occupancy that the project would need in order to proceed with construction.

20 Only those communities in which more than 3 ha of land are lost are included in this figure. 21 The consultations with federal ministries and agencies are essential. Needless to say, consultation

requirements make the process of land acquisition lengthy. Thus, early preparation of land acquisition activities and the launching of the consultation process were given priority by the project.

Page 42: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-16

The State Surveyor General is the authority who issues permits for initial survey works. The Department of Petroleum Resources (DPR) enables payments for the affected people without contravening the provisions of the Land Use Act that vests the administration of the urban land in the hands of the Governor and of the rural land in the hands of the Local Government Councils. The special regulations of the oil and gas sector create a device called the “Payment for Deprivation of Use of Land” and allow the regulation of sector access to land through the OPTS rates22 (Oil Producers Trade Section). As such, the DPR is a crucial federal authority to facilitate the land acquisition process and local governments are strategic as they are the government apparatus closest to the communities.

The Town Planning division ensures that the land acquisition process does not derail the established city/town plans. The Forestry Research Institute ensures that forest reserves are intact and not destroyed in the process of land acquisition for development projects. Similarly, Tourism Boards ensure that development projects and programs do not destroy established tourist attractions and cultural heritage sites.

To the extent that land acquisition commonly relates to communities, the role of the Federal Government is relatively limited, with low impacts on the process, other than DPR’s role described above. Nevertheless, past experience points to a relatively harmonious liaison among all levels of government with respect to large-scale investments that require land acquisition across local governments and states. The local government councils, as is the case with Ogun and Lagos states for the WAGP project, are the key authorities for administration of rural land through the Land Use Act. Traditional authorities also assume an important part in the identification of landowners and, equally important, in the resolution of ownership and entitlement disputes. For instance, the traditional Authority in Ogun State, the most prominent being the Olota of Otta, plays an important role in providing community leadership for assistance in identifying landowners as well as in the resolution of disputes.

In Ogun State, the Bureau for Lands and Survey, Abeokuta is the main government agency responsible for public land matters. In Lagos State, the State Ministry of Lands and Housing, Alausa, is the main agency responsible. These agencies maintain records of landownership in the respective states and provide Estate Survey information to determine ownership as well as valuation. In both states, the Local Government Council is vested though the Land Use Act with the responsibility of the administration of rural land.

The Bureau of Lands and Survey has the following process requirements prior to granting a Certificate of Occupancy:

• Proposed project submits formal letter to the Bureau informing it of intention to acquire the right of way (ROW). A detailed survey map is included with the request.

• The Bureau arranges for a joint inspection visit to the proposed land.

22 These rates have been established in 1998 and are low. When OPTS rates were used by Shell Nigeria

Gas, the communities were unhappy and conveyed this to WAGP. Therefore, WAGP will use these rates only as a starting basis for negotiations and will do so after adjusting them for inflation. The land acquisition team has been instructed to ensure that people are allowed to receive compensation that would be equivalent to full replacement rates.

Page 43: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-17

• Following the joint visit, publication of the intention to assume the ROW is made via newspapers for members of the public to raise concerns. A notification period lasts 21 days.

• A public hearing is then conducted.

• Lands that belong to the Federal government are transferred to WAGP per the International Project Agreement (IPA) discussed in Chapter 3.

• Private lands are transferred through willing-buyer /willing-seller arrangements. In exceptional cases where negotiations do not reach mutually satisfactory results, the laws pertaining to eminent domain will be used as described in Chapter 3.

The process requirements are essentially the same for the Lagos State Ministry of Lands and Housing. In addition, a number of the central and federal government agencies have legal responsibilities in the implementation of the RAP. They include State Ministry of Lands and Housing, Bureau for Lands and Survey, Office of State Surveyor General, Town Planning Division, Forestry Research Institute of Nigeria, Department of Petroleum Resources, State Ministry of Tourism/Tourism Board, as well as local government councils and traditional leadership.

As summarized above, consultations between the WAGP project management and federal, state, and community authorities are essential in each step of land acquisition for the project. Similarly, consultation and collaboration among the relevant state and federal agencies would be needed throughout the process. The local land acquisition framework as described above with respect to the Bureau requires all information be made public and public hearings be held to receive feedback from the directly affected households and communities. The local councils, supported by traditional leaders as needed, also work in collaboration with the affected people in establishing entitlements and resolving disputes. The public hearing has been completed, and no objection has been received on land acquisition.

RAP implementation arrangements and organizational responsibilities

Responsibilities for the commitments proposed in the RAP reside within WAPCo and are delegated internally and to qualified contractors such as Estate Surveyors. A well defined organizational structure exist with all units and staff assigned to specific roles associated with the process of RAP impact minimization, census and inventory preparation and confirmation, consultation and feedback, compensation negotiations, land acquisition and registration, as well as monitoring and reporting.

Various departments of WAPCo are involved in the implementation of resettlement activities, under the overall guidance of the office of the Project Director who reports directly to the WAPCo Managing Director. A special unit referred as the RAP Management Team works with the Project Director to ensure RAP implementation as well as to carry out the internal monitoring. Within the Team, the core responsibilities of the RAP work rests with the Community Relations staff.

Page 44: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-18

1.4 Key Issues of Involuntary Resettlement and Land Acquisition

In Nigeria, the construction of the gas pipeline, compressor station, and construction camps require acquisition of about 144 hectares (ha) of land. While this is a relatively small land area, adverse impacts will occur both because households will have less land available for cultivation and because the existing plots might be severed so that efficiency of cultivation may be reduced. Some people will lose their homes, and a few others will have to relocate their businesses.

As stated in the World Bank Safeguards policies (OP 4.12), involuntary resettlement in Nigeria, if unmitigated, can result in economic, social, and environmental risks to the project in several ways:

• Some farmers may face impoverishment when their productive land-based assets or income sources are lost;

• Water resources may be adversely affected and fisheries incomes reduced;23

• Families who lose their homes may be relocated to environments where their productive skills are less applicable and the competition for resources greater. When some families move away, kin groups may be dispersed. Families who insist on cash payments as compensation for their homes may face homelessness if they cannot use their finances effectively;

• Families may lose access to markets or their jobs, including within their own farms, as a result of construction activity and road crossings by the pipeline; and

• Community institutions and social networks may be weakened, especially if ownership disputes arise and families and collectives do not cushion the interests of those members who cultivate the affected plots.

The above-listed risks to livelihoods exist due to potential impacts on residential patterns; landownership and use; fisheries; transport infrastructure; and common property resources.

The World Bank Group policies require culturally appropriate measures to address and mitigate the impoverishment risks as well as those affecting other elements of livelihood. It is the purpose of this Resettlement Action Plan (RAP) to design and provide an implementation structure for such measures as described in various chapters of this report.

23 The environmental impacts to rivers and other surface water bodies will be temporary and localized.

There will be no permanent impacts. The villagers surveyed in Nigeria do not extensively fish or derive livelihoods from the rivers or wetlands along the ROW. The socioeconomic impact associated with pipeline installation across surface water bodies is therefore deemed negligible. The single exception is Badagry Creek, the estuarine creek/lagoon near the coast, but no permanent impacts are anticipated to the small amount of habitat on the shores of that creek. People do fish in Badagry Creek, so there could be a socioeconomic impact associated with any appreciable decline in fish populations in the creek, but no appreciable difference in the fish populations is expected.

Page 45: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-19

1.5 Land Acquisition and Resettlement Plan Objectives The WAGP project will require land acquisition that may result in the loss of income sources or means of livelihood. The World Bank Operational Policy (OP 4.12) safeguards against the potentially traumatic effects of involuntary resettlement, which are considered in the RAP prepared for the Nigeria segment of the project (Annex 1). The Operational Policy on Involuntary Resettlement applies when “taking of land results in relocation or loss of shelter, loss of assets or access to assets, or loss of income sources or means of livelihood, whether or not the affected persons must move to another location” (OP 4.12, 204: 2). As such, the Nigeria part of the WAGP involves involuntary resettlement and will be planned and implemented according to the requirements of the relevant policy.

The RAP planning in Nigeria involved screening; scoping of key issues; and data collection through socioeconomic surveys and asset inventories. In preparing the resettlement plan, social, technical, and legal experts as well as community-based organizations have been consulted. People have been informed of their choices and been assured of “prompt and effective compensation at negotiated replacement cost for losses of assets attributable directly to the project.”

Planning efforts and implementation arrangements have been based on principles that comply with OP 4.12 so that the project has:

• Minimized involuntary resettlement and land acquisition by exploring alternative corridor routes;

• Minimized involuntary resettlement and land acquisition by considering alternative sites for compressor station and other permanent facilities;

• Avoided building new access roads and disrupting traffic on existing highways and roads;

• Avoided adverse impacts on ponds and streams through which the pipeline will pass;

• Guaranteed that all affected households were given an option so that they could choose between land-for-land arrangements versus cash compensation based on negotiated replacement costs;

• Ensured that no construction activity start prior to full cash compensation paid to affected people based on negotiations and willing-buyer/willing-seller arrangements;24

• Ensured that impacts on water resources and transport infrastructure would be temporary and minimal with no adverse income and livelihood impacts;

• Expressed willingness to assist displaced persons in their efforts to improve their livelihoods and standards of living and organized resettlement activities as sustainable development

24 OP 4.12 states that “cash compensation for lost assets may be appropriate where (a) livelihoods are land-

based but the land taken for the project is a small fraction of the affected assets and the residual is economically viable; (b) active markets for land, housing, and labor exist…or (c) livelihoods are not land-cased” (2004: 4). In the Nigeria section of the project, although livelihoods are partially land-based, active land and housing markets exist. Also, the land taken by the project per affected household is small. Thus, the project can comply with the strong preferences of the affected people for cash compensation.

Page 46: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-20

programs to enable the families and persons displaced by the project to improve their livelihoods over and beyond their pre-project levels; and

• Consulted physically and economically displaced households and provided opportunities for participating in the planning and implementation of land acquisition and resettlement programs.

To minimize land acquisition and thus avoid physical and economic dislocation, the project has adopted several measures:

• The onshore pipeline route maximized the overlap with existing pipeline systems and ROWs, thereby minimizing the impact of the WAGP ROW in some areas;

• Of the four options considered, the ROW has been chosen to impact the least number of residential structures even in densely populated residential communities: the selection of the alternative options would have impacted a far greater number of fully completed homes;

• The Compressor Station site has been selected based on comparisons of several alternatives, taking environmental and social issues as well as population densities into consideration;

• The ROW width has been kept to the maximum of 25 meters. As a result, throughout the 58km of pipeline corridor and other facilities, only 144 hectares of land will be permanently needed for the project. The temporary land requirements will be very small: 14.26 hectares (Chapter 2). The post-construction use of the corridor will allow people to have continued access to their jobs and different parts of their farms, thus minimizing any severance impacts;

• The construction of access roads to the pipeline has been avoided;

• The pipeline will cross existing highways, roads as well as streams. However, through the use of advanced technology and rapid construction methods, the impacts will be temporary and limited to a few weeks in any given area;

• Contractual arrangements will be made with contractors to ensure that lands leased for temporary camps and storage facilities will be chosen from among plots unsuitable for cultivation or returned to their original owners after proper restatement for cultivation;

• Construction plans limit the extent of clearing so as to retain as much productive land as possible; and

• Provision will be made for allowing cultivation of crops up to the ROW border to limit permanent crop loss.

1.6 Progress to Date In the preparation of the RAP, local communities and key stakeholders have been informed of the project, and the process of community consultation has been established. Extensive discussions have been held to establish entitlements and the mode of compensation. Estate surveys were conducted from August through October 2003 along the final proposed route to determine exact land demarcations and to prepare a census of affected households. Also, land access issues and patterns of ownership of affected plots were covered. Estate surveyors have also performed valuation and assessment of properties to be acquired. Also, deeds or plot

Page 47: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 1

June 2004 Nigeria Final Draft RAP Rev 1 1-21

alignments have been verified. Meetings have been held with community leaders and public officials to ensure that the entitlements established and their level are accurate and appropriate.

The land plots identified for acquisition have been publicly announced, and the announcement has been displayed in public places. In addition, workshops on WAGP’s RAP approach were held in the project-affected area. Negotiations with stakeholders for compensation are in progress; and meetings are being held with communities, their professional estate surveyors, and individuals to ensure an equitable settlement regarding disputed lands.

This Resettlement Action Plan was developed subsequent to the collection of the data made available by the WAGP project and will be issued in draft form for public review in July 2004.

1.7 Program for RAP Implementation Chapter 10 presents the schedule for RAP implementation along with the details of implementation responsibilities. Implementation includes institution of a number of key elements: application of mitigation measures (Chapter 6); public disclosure of the project and land acquisition plans (including the provision for grievances and dispute resolution) (Chapter 7); and monitoring and evaluation programs (Chapter 8).

1.8 Scope of Resettlement Action Plan The RAP is organized into sections as follows:

• Chapter 2 provides a more detailed description of the WAGP Project, including a description of the pipeline corridor and the compressor station, the consideration of alternatives, and measures taken to avoid resettlement and minimize land acquisition;

• Chapter 3 describes Nigeria’s legislative and legal framework for resettlement, expropriation, and compensation; and World Bank Group policies in these areas;

• Chapter 4 presents the socioeconomic characteristics of the populations affected by the project;

• Chapter 5 describes Nigeria’s land acquisition and compensation procedures and implementation responsibilities, including experience to date with implementation;

• Chapter 6 outlines the Project’s impacts and mitigation measures for various categories and uses of land and other immovable assets;

• Chapter 7 describes the public consultation and disclosure process and activities of the RAP and Land Acquisition, including the provision for grievances and dispute resolution;

• Chapter 8 outlines the monitoring and evaluation mechanism for the RAP, including the provision internal and independent expert monitoring;

• Chapter 9 provides RAP costs of land acquisition and the budget for its implementation; and

• Chapter 10 presents the schedule for RAP implementation along with details of relevant responsibilities.

Page 48: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 49: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-1

Chapter 2 Project Description

2.1 Layout of Pipeline

2.1.1 General Route

WAPCo intends to construct an 8-to-30 inch (30.5-76.2cm) diameter by 688.6km long, dry gas pipeline transmission system, onshore and offshore from Nigeria to Ghana. The onshore pipeline will connect to the existing Escravos-Lagos Pipeline (ELP) at the Alagbado “Tee,” north of Lagos, Nigeria and will extend 56km to a compressor station at Ajido near Topo, Badagry in Nigeria, proceeding across Badagry Creek for 2km to the Atlantic shoreline. The offshore pipeline will be at distances from 16km to 25km from shore in water depths from 24-72 meters. Single lateral connections will be made to bring gas onshore in Benin, Togo, and Ghana (with two delivery points in Ghana). The laterals will extend onshore between 200 and 900m, except in Benin (5 km). The width of the onshore ROW will be mostly 25m.

WAPCo will provide the connection to the ELP at the Alagbado “Tee.” Between the Alagbado “Tee” and Agbara Estate, a distance of approximately 36km, the first 4km of the onshore pipeline route will parallel existing Rights of Way (ROW) operated by NGC and Shell Nigeria Gas. For this segment, the land acquisition needs will be minimal, requiring only 20m. For 31 of the next 32km (25m width), the WAGP ROW will run adjacent to the Shell Nigeria Gas pipeline ROW. For 1km of these 32km there will be a 25m separation between the two ROWs to allow for installations for construction in this wetland stretch. From there to the Lagos Beach Compressor Station, a distance of about 20km, and proceeding from there 2km to the Atlantic shoreline downstream of the compressor station after crossing the lagoon, the pipeline will be constructed on land previously unoccupied by or adjacent to any pipeline ROW.

2.1.2 Determination of Route

Three options were considered for the pipeline routing: onshore/offshore, onshore, and offshore (PLE, 1999). The selected option (a combination of onshore and offshore routes) provides the lowest level of environmental and socioeconomic impacts for the least cost, and minimizes the need for land acquisition by taking advantage of the existing ELP system.

Four options for the onshore portion of the pipeline in Nigeria were considered and included: one to the east of Lagos and three to the west. Any of the three West-of-Lagos options was preferable to the East-of-Lagos option, based on the availability of suitable land and access to good roads. The choice among the West-of-Lagos options was based on the route that provided the most suitable site for a compressor station. Three potential locations were considered, including Agbara, east of Iworo, and west of Iworo. Based on safety, land availability, population density, locations of residential areas and business activity, ease of access of construction and operation, routine maintenance, and operations and environmental factors, the West of Iworo option was considered optimal. The final location of the route and compressor station was finalized during the front-end engineering design of the plant when input from the

Page 50: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-2

Environmental and Social Impact Assessment (ESIA) study and soil investigation results were available for the locations.

WAPCo also considered re-routing the planned onshore section of the pipeline through Benin and Nigeria, with the compressor station in Krake, Benin to consolidate the construction of the R&M station with the compressor station (WAGP, 2000). Onshore routing to Benin would have reduced personnel requirements by combining the compressor station and R&M station, and improved energy efficiency. However, it would have required greater risk management and longer onshore pipeline distance, thus involving more extensive land acquisition. In order to minimize physical and economic displacement, this option was eliminated.

Along the identified route, additional adjustments were made to minimize the impacts of land acquisition. For instance, the corridor has been designed so as to avoid areas of high population density based on an independent population study. Similarly, areas with potential for future growth have been avoided. Along with technical and economic considerations, environmental and social impacts have been taken into account. The choice of the pipeline diameter so that it would be easily contained within a 25m ROW is yet another element of the project design that reduces the need for extensive land acquisition, thus causing economic and physical displacement.

2.2 Right-of-Way Configuration The pipeline centerline will be located approximately 5 meters from one edge of the 25m-wide right of way, except in the first 4km from Alagbado tee in Nigeria where the ROW is shared. All land within the pipeline ROW will be acquired by WAPCo in accordance with the land acquisition laws in each country. The “pipeline mound” is the land directly above where the pipeline is buried. The 5m-wide strip from the edge of the ROW will serve as a storage area for trenching spoil (Section 2.5.2.1.1) during construction. The adjacent 10m-wide strip will be used for vehicle access during construction and for operational maintenance and monitoring by WAPCo; hence, it is estimated that 15 of the 25 m ROW will be used during the initial construction. This land will not be available for use by the local population once WAGP construction begins. Rather, it will be used for vehicle and construction-equipment access during construction. After construction, it will be used for pipeline maintenance and will serve as a buffer against encroachment and may, in the future, be used for expansion. Access to the ROW by the local population is governed by the WAPCo ROW Access Policy and described in Section 2.7. The configuration of the ROW during construction is described in Section 2.5.2 and shown in Figure 2.5-1.

2.3 Pipeline and Facility Description This section describes the major permanent facilities making up the WAGP transmission system, and their permanent footprints in Nigeria. A broader picture has been provided in the executive summary for the entire project, including the pipeline configuration and facility descriptions for all four countries.

Page 51: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-3

2.3.1 Alagbado “Tee”

The Alagbado “Tee” is off the Ijoko Ota road by approximately 3.2km at Itoki, Nigeria. Figure 2.3-1 is a site location map. The facility will occupy approximately 0.31 hectares (ha), which includes an area approximately 0.11ha incremental to the present footprint of approximately 0.6ha occupied by NGC and Shell operations. The additional area is needed to accommodate the WAPCo operating systems. Around the expanded site area, a security fence will be erected.

The Alagbado “Tee” is the starting point of the onshore portion of the transmission system. It is the point where the WAPCo transmission system is connected to the ELP transmission system. Its purpose is to provide custody transfer, metering, and monitoring of the natural gas from the NNPC-owned ELP to WAPCo’s transmission system. The “Tee” currently supports an NGC pig trap receiver from the 24-inch Egbin Node to Alagbado pipeline and a launcher for Ewekoro supply, as well as valves for routine pigging of the pipeline system. The Shell Petroleum Development Company (SPDC)/Shell Nigeria Gas facility consists of a launcher, scrubber, metering facilities, and condensate handling equipment.

2.3.2 Onshore Pipeline

2.3.2.1 Mainline in Nigeria

A 30-inch (76cm) pipeline will be installed below grade a distance of 56km from the Alagbado “Tee” to the Lagos Beach Compressor Station. Figure 2.3-1 illustrates the pipeline route in relation to the “Tee” and the compressor station (see above), running for the most part alongside the existing Shell ROW (Section 2.1). For most of its route, the pipeline will be buried to a minimum depth of 0.9m and at least an additional 0.3 meter deeper at road crossings.

The components of the onshore pipeline include:

• A pipeline ROW with an average width of 25m

• One midline isolation valve

• A corrosion protection system

• Possibly 1-2 temporary marshaling yards during construction phase (Section 2.5.1); and

• The use of existing maintenance roads (Section 2.4)

For the safety of people and personnel, a midline isolation valve station, approximately 5m wide by 10m long, will be placed within the pipeline ROW at a strategic location. This location is currently envisaged to be adjacent to the existing midline SNG Pipeline valve, south of the Otta-Owode-Idi Iroko Road. The station will be installed within the WAGP ROW and, therefore, will not require additional land.

Page 52: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-4

Figure 2.3.1 Alagbado Site Location

Page 53: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-5

2.3.3 Lagos Beach Compressor Station and Primary Control System

A compressor station will be constructed at the terminus of the onshore pipeline at Ajido, near Badagry, in Nigeria. The compressor station will be one of two locations for SCADA/VSAT control and will have Emergency Shut-Down (ESD) systems. The compressor station is just to the west of the village of Ajido and to the south of the Lagos–Badagry expressway. It is approximately 12km east of Badagry, Nigeria. It lies approximately 0.85km north of the Lagos Lagoon. The site footprint will be 220m by 385m, i.e., approximately 8.5ha. This comprises the footprints of the:

• Compressor station itself: 140m by 185m • Flare stack site: 100m by 100m • Buffer zone around both the above: 4.9ha

For gas to be delivered to customers at the design transmission rate, compressors are required in order to boost upstream pressure from the Lagos Beach Compressor station inlet to downstream destinations. The compressor station is being installed in the transmission system for that purpose. Pressure upstream of the compressor station is expected to be not more than 28 barg at the maximum operating flow rate and a maximum operating pressure of 153 barg after compression at the same flow rate. The facility will come on line six months after “first gas”; natural flow will be enough for gas delivery until then. The facility will be manned 24 hours per day, seven days per week. The nominal staff number is expected to be 25 to 30 persons.

Like the Alagbado “Tee,” the major components of the compressor station will be installed in two parallel equipment runs to provide 100 percent, uninterruptible operational back-up and accompanied by single installation of non-operationally critical components. Should the compressor station require isolation from the main transmission line for an extended period, or during start-up, a bypass pipeline around the compressor station has been included in the design to allow uninterrupted delivery of the gas, albeit at a lower pressure and transmission rate. Though lower quantities of gas will be delivered under a bypass situation, delivery will not be cut off entirely.

Figure 2.3-2 is a site plan view illustrating the compressor station configuration. Considerations are made for the best utilization or access of the station:

• Using existing roads from the Port of Lagos to Badagry, with delivery along the Badagry Creek road, west of Ajido (see Figure 2.5-4). This option may necessitate road widening and upgrades to the road network from Badagry to Ajido to accommodate heavier and larger truckloads than the current infrastructure can bear.

• Transport through Lagos Lagoon and Badagry Creek to a newly built unloading facility/dock linked by an access road to the compressor station site.

These options are described in more detail in Section 2.4.3 below.

Page 54: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-6

N. 231275

E. 4

2212

5

N. 216587

E. 2

3758

5

N. 76619

E. 2

4882

1

E. 4

3331

0

N. 91560

4 x

12M

KAQ

-301

0

REC

EIVE

R S

KID TRAIN #1

FUTURE

FUTURE

LAU

NC

HE

R S

KID

KAH

-300

0

4 x

12M

SCRUBBER

MBF-37201st STAGE SUCTION

SCRUBBER

2nd STAGE SUCTIONMBF-3760

F.W. TANK

6M%%C

F.W. PUMP

WATER SANITATIONSKID

3Mx6M

INS

TR. A

IR/G

EN

. BLD

G.

12.7

x 3

0.7M

#1 COOLER

#2 COOLER

FUTURE

FUTURE

COMPRESSOR

COMPRESSORTRAIN #2

GUARD SHACK4Mx4M

FUE

L G

AS

SK

ID

ZZZ-

5130

DIESEL STRG.TANK

DIESEL TRANSFERPUMP

PARKING

14.4 x 14.7M

BATTERY ROOM

MCC/SWITCHGR.

14.4 x 11.250M

CONTROL ROOM

OFFICE/MEETING ROOM

14.4 x 12.850M

GATE

LIQUIDS K.O.MBG-3800

VESSEL

ZZZ-

5140

FLA

RE

SC

RU

BBE

RSK

ID

ABJ-3100LIQUIDS STORAGE

TANKATMOSPHERIC

SUMP

ABH-3020

FUTURE

FUTURE

FUTURE

FUTURE

WAREHOUSE/WORKSHOP

SCRUBBER1st STAGE SUCTION

MBF-3730

MBF-37702nd STAGE SUCTION

SCRUBBER

KAU-5100METER SKID

C O

UTG

OIN

G P

IPE

LIN

EL

PIPE RACK

PIPE

RAC

K

AREA LIMITS

AREA LIMITS

ARE

A L

IMIT

S

FOR

OV

ER

ALL

SIT

E P

LAN

SE

E D

WG

. WA

GP-

P-L

-XF-

L00-

00-2

202-

2

C 1

NG

OIN

G P

IPEL

INE

L

PIPE

RAC

K

(FUTURE)2nd STAGE SUCTION

SCRUBBER1st STAGE SUCTION

(FUTURE)

SCRUBBER

CO

MP

RE

SS

OR

CO

NTR

OL

BLD

G.

FUTURE

18.8 x 24.8M

TO FLARE

T SUPPORT(TYP.)

8.5M

3M x 12M

8.8

x 19

.2M

4 x 8.8M

140M

185M

ARE

S L

IMIT

S

2nd STAGE SUCTIONSCRUBBER

(FUTURE)1st STAGE SUCTION

SCRUBBER

(FUTURE)

1st STAGE SUCTION

2nd STAGE SUCTIONSCRUBBER

SCRUBBER

(FUTURE)

1st STAGE SUCTION

2nd STAGE SUCTIONSCRUBBER

SCRUBBER

(FUTURE)

(FUTURE)

(FUTURE)

±

0 10 20 30 40Meters

Figure 2.3-2 Compressor Station Configuration

Page 55: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-7

2.3.4 Offshore Main Trunk Line and Laterals

The pipeline will be installed mainly on the seafloor and, for certain shore crossings, in trenches. The pipeline extends 581km from the Lagos Beach Compressor Station to the Takoradi thermal power plant.

The offshore transmission system components to be installed include:

• 20-inch (50.8cm), concrete-weight-coated main trunk line and laterals of 8, 10, and 18 inches

• Subsea lateral line take off and provision for temporary installation of a pig launcher; and

• Corrosion protection system

The offshore pipeline will be placed directly on the seafloor in water depths in excess of 8m. In sections of the route fewer than 8m deep the pipeline will be either buried below the seafloor, as is the case for nearshore approaches to beach crossings, or covered, such as in areas of hard bottom substrate. Section 2.5 describes the basis for these specifications and other aspects of the offshore pipeline construction in more detail.

For most of its route, the pipeline will lie on the seafloor 30-50m below sea level. At the deepest point, it will be 72m below sea level. The pipeline route does not cross any shipping lanes and avoids passing through anchorage areas.

2.4 Transportation Routes

2.4.1 Alagbado Tee

Access to the facility will be via the Otta–Ijoko road off the Lagos to Abeokuta road. No new roads or enlargements to the road will be required.

2.4.2 Onshore ROW Nigeria

Access to the Alagbado Tee end of the ROW from Lagos will be via Otta and Itoki. Access to the compressor station end of the ROW from Lagos will be mainly off the Lagos–Badagry expressway and the Badagry–Topo–Ajido roads. Access to the middle of the ROW from Lagos will be along the Lagos–Badagry, Lagos–Otta–Itoki and Otta–Owode–Agbara roads. No new roads or enlargements of existing roads are envisaged to be required outside the ROW for pipeline construction and maintenance.

2.4.3 Lagos Beach Compressor Station

All deliveries of major equipment (e.g. compressors, tanks, etc.) originating in the Port of Lagos will be along existing roads described above and/or over water from the port of Lagos through the Badagry Creek to a newly built temporary unloading area or facility linked by an access road to the compressor station site. If the former option is chosen, the roads may require enlargement. Effort will be made to avoid road expansion so that land acquisition requirements can be kept to

Page 56: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-8

a minimum. However, should this not be possible, entitlements and compensation modes will be determined with the same rigor as those identified for those project elements described above. If the lagoon-delivery option is chosen, the lagoon is likely to have to be deepened in some areas to permit vessels to navigate those areas. Similarly, a temporary unloading facility, possibly a dock, would be required to offload equipment at the site and a road from the dock to the site installed. Any land acquisition that the choice of such an option may entail will likewise be addressed in a manner described in this document.

The temporary unloading facility will be located to minimize the length of canal to be dredged through lagoon and adjacent wetlands to the facility and also to minimize the length of road (and thus the land acquisition) to be constructed from the facility to the compressor station site or existing road, especially the length through the wetlands adjacent to the lagoon.

A dock, if built, would be 50m long (parallel to lagoon shore) and 15m wide (5m of which will jut into the lagoon) and 3m high (1m above water line, 2m from lagoon bed). A crane would be installed on the dock for unloading. At the shore, the lagoon is only 2m deep and so a channel will be dredged by clam bucket from there to a point 316m from the shore where it is 3m deep and thus navigable. If a soil analysis of the sediment shows it to be suitable, then the dredged sediment may be used as backfill for the maintenance road.

The maintenance road is expected to be 10m wide, 1m deep and is not expected to exceed 200m in length. It will therefore require approx 2000m3 of backfill material. A dock if built would be constructed from sheet piling and require 2750m3 of backfill material. The land requirements concerning this have not been reflected in the data presented here although the procedures to be followed, if such land is needed, will be identical to those covered under the existing RAP.

The dock and access road are temporary facilities but may be retained rather than dismantled if the local community wishes to use them after construction.

As an alternative to a dock with a crane, WAPCo could use a barge-mounted crane with spuds to transfer equipment and materials from a barge to the newly constructed road. This would mean less dredging, as a barge of this kind would have a shallower draft, and would imply a smaller dock since the dock would not have to support a crane.

An alternative road that may need upgrading and would be useable only for lighter traffic is the Mosafejo/Adagun–Iworo–Ajido road off the Lagos Badagry Expressway.

Access to the compressor station for maintenance will be along the roads mentioned in Section 2.4.2.

Page 57: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-9

2.5 Construction

2.5.1 Temporary Storage and Accommodation Areas

2.5.1.1 Alagbado “Tee”

A temporary staging area equal to 25 percent of the layout area (i.e., 0.028ha) will be required. This area will be incremental to the 0.11ha footprint. No provisions for personnel accommodations or related support facilities are to be provided at the Alagbado “Tee” site.

2.5.1.2 Onshore ROW in Nigeria

One to two temporary marshaling yards will be strategically located along the pipeline route to stage and dispatch labor and equipment. The locations will be based, in part, on the recommendations of the construction contractors and will be known when the construction contract award has been made in July 2004. Currently the preferred option is for only one marshaling yard in Nigeria, occupying approximately 3.0ha, adjacent to the compressor station site, within an 8.3 ha temporary construction area, but an additional marshaling yard may be considered at the midline valve location.

The total area required for thrust/auger boring of all roads and directional drilling of the Badagry lagoon and the Lagos beach, Lomé and Cotonou shore crossings is estimated to be 17,250m2.

2.5.1.3 Lagos Beach Compressor Station

A staging area equal to 100 percent of the layout area (i.e., 8.5ha) will be required to be cleared. This area will be incremental to the 8.5ha footprint and will be restored after construction activities have been completed.

Camp facilities will either be established using existing, local accommodations or the creation of a camp in the temporary staging area of the compressor station. A temporary camp facility would contain mobile living quarters, portable power generators, and sanitary facilities; is expected to have a 200m by 200m footprint; and would be operated as a “closed” facility with workers shuttled daily to the site.

If it is decided to use an onsite concrete-batching plant, the plant will be located within the temporary staging and lay-down area above and will be removed once its operations are complete. The plant would occupy approximately 0.4ha within the compressor-station site.

2.5.2 Construction Methods

A complete description of construction methods is given in the environmental impact assessment of the WAGP project (WAGP, 2004). Relevant elements of that description are repeated here.

Page 58: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-10

2.5.2.1 Upland ROW

2.5.2.1.1 Clearing and Grading

The construction ROW will be established such that there is a 5m-wide strip on one side of the centerline of the pipeline (the “spoil side”) and a 20m-wide stripon the other (“the working side”). The spoil side will be used for storing excavated spoil and will remain, as a buffer strip, after construction is complete. Vehicles will move and construction machinery will operate on the working side.

The construction ROW will be cleared and graded to remove brush, trees, roots, and other obstructions such as large rocks and stumps. Crops and other non-wooded vegetation may be mowed while other crops, such as grain, may be left in place to limit soil erosion. The construction ROW will be graded in some places to create a safe working area, accommodate pipe-bending equipment and allow the operation and travel of construction equipment. The natural drainage will be preserved to the extent possible. If necessary, a fence crew, typically operating in conjunction with the clearing crews, will cut and brace fences that intersect or cross the proposed route. Fences may be installed to keep livestock out of the working area. Where necessary, temporary gates will be constructed to allow landowners to move livestock from pasture to pasture and allow construction crews access along the ROW.

Timber will also be removed during construction operations. Commercially saleable timber will be left with the affected owners should they wish to sell it or use it for their own purposes. Other timber and vegetative debris may be chipped, burned, or disposed of according to the landowner’s wishes, or retained and used by the owner so long as it is removed from the ROW to another area of their property. Burning will only be done at the insistence of the landowner and, if done, will be conducted in compliance with local regulations and also performed in a manner to minimize fire hazard and prevent heat damage to surrounding vegetation. Stumps and other timber considered to be non-merchantable may be used to construct off-road vehicle barriers at the request of the landowner. Disposal of materials taken off-site will be done at facilities or locations audited and approved by WAPCo.

After the ROW has been cleared and the stumps removed, grading may be necessary. Minimum grading will be required in flat terrain. In areas with steep terrain, more extensive grading may be required. A maximum of 12in. of topsoil will typically be removed or stripped and segregated in agricultural lands that are cultivated annually. Additional areas in the construction ROW outside the agricultural areas may be stripped at the request of a land management agency or landowner. Typically, soil will be stripped from the following areas: the ditch, spoil storage area in uplands, and the ditch in unsaturated, unfarmed wetlands. Topsoil that has been removed or stripped will typically be stored on the spoil side (i.e., opposite of the working side of the trench) of the construction ROW. However, circumstances may require the topsoil be stored or placed on the working side adjacent to the ditch or at the edge of the construction ROW. Any topsoil not needed for the leveling of the pipeline corridor will be made available to the landowners if they want to use it elsewhere in their plot. The project contractors may extend the landowners the courtesy of moving the topsoil to areas, within the affected plot, indicated by the owners.

Page 59: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-11

Figure 2.5-1 Pipeline Construction Corridor

2.5.2.1.2 Backfilling

Once the pipe is in the trench, the trench is backfilled using a bulldozer, backhoe, or other suitable equipment to place a mound on top of the pipeline. Backfill usually consists of the material originally excavated from the trench. However, in some cases additional backfill from other sources may be required. Any excess excavated materials or materials unsuitable for backfill will be spread evenly over the ROW or disposed of in accordance with reasonable landowner requests. In areas where topsoil has been segregated, the subsoil will be first placed in the trench and then the topsoil will be placed over the subsoil. To avoid adverse environmental impacts, backfilling will occur to grade or slightly higher to accommodate any future soil settlement. During backfilling and final grading, measures will be taken to minimize erosion, restore the natural contour of the ground except with the provision of a mound on top of the pipeline and restore surface drainage patterns as close to pre-construction conditions as practicable

2.5.2.1.3 Clean-up and Restoration

After the completion of backfilling, all disturbed areas will be finish-graded and any remaining trash and debris will be properly disposed of in compliance with country and local regulations. After construction is completed, the entire ROW will be protected by the implementation of erosion control measures, including the site-specific contouring, permanent slope breakers (low-

Page 60: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-12

profile berms constructed diagonally across the Right of Way to divert runoff), mulch and reseeding, or sodding with soil-holding grasses. Contouring will be accomplished using acceptable excess soil from construction. The erosion control measures used will comply with country regulations or guidelines.

2.5.2.2 Wetland ROW by Push-Method Trenching

The push method of constructing a pipeline through a wetland has many of the same steps as constructing a pipeline on dry land. The main differences are that the heavy equipment may have to be supported by mats or on a barge depending upon depth of water on the working side of the ROW, and that pipe floated into place over the trench before installation rather than lifted over the trench with cranes.

2.5.2.2.1 Clearing

This is essentially the same as on dry land except that if the wetland is forested, below-grade tree stumps and root mass from all plants will be left intact on the non-working side of the ROW.

2.5.2.2.2 Backfill

To stabilize the pipeline, the trench will be backfilled as soon as possible. Excavated wetlands will be backfilled with either the same material as removed or a comparable material that is capable of supporting similar wetland vegetation. Original marsh elevations will be restored. Adequate material will be used so that following settling and compaction of the material, the proper pre-project elevation is attained. If excavated materials are insufficient to accomplish this, material with similar grain size will be purchased locally and utilized in situ to restore the trench to the required elevation. After backfilling, erosion protection measures will be implemented where needed to prevent fish and wildlife habitat degradation and loss. These and other measures described in this chapter will ensure that adverse livelihood impacts as a result of construction activities will be limited to land acquisition, with no adverse livelihood impacts on fisheries along the coastal areas.

2.5.2.2.3 Reinstatement

Reinstatement will be undertaken to return the physical environment to a state similar to that in which it was found in order to prevent erosion, encroachment by undesirable vegetation and damage to the pipeline from root systems of unplanned, colonizing plants or trees. Potential land uses of the pipeline ROW area, such as farming or public space, will be considered during reinstatement planning, as these may affect the level or type of appropriate reinstatement.

All construction related materials (e.g., timber riprap, prefabricated equipment mats, geotextile fabric) will be removed upon completion of construction. In upland areas, the ROW will be restored by replacing stockpiled topsoil and excavated sediment. This material will be compacted to limit erosion. Excess soil will be re-graded to conform to the surrounding terrain and to limit erosion by wind and running water. The gradient of slopes should not exceed 2:1.

The graded surface will be planted with native grasses only and routinely mowed/cut to minimize the tendency for natural reforestation throughout the life of the project. This will also

Page 61: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-13

allow the farmers to use their affected adjacent/remaining plots with ease. The site to be reinstated will be scarified (ripped and disked to a depth of 6in) and immediately broadcast seeded. Where the pipeline trench may drain a wetland, trench breakers will be installed and/or the trench bottom sealed as necessary to maintain the original wetland hydrology. A permanent slope breaker will be installed at each wetland crossed along with a trench breaker at the base of the slopes near the boundary between the wetland and the adjacent upland areas. Fertilizer, lime, or mulch will not be used in the ROW within a wetland, nor immediately upslope from a wetland. Species suitable for seeding wherever brackish water is present will be used wherever that is required.

For all forested wetlands (mangrove swamp) native shrubs and herbaceous species will be planted to re-vegetate a 15m-wide portion of the permanent ROW, which for maintenance purposes will not be allowed to revert to forested wetlands (mangrove) for the life of the project. Re-vegetation will not occur on portions of land required for maintenance roads or fire-breaks.

2.5.2.3 Horizontal Directional Drilling for Wetland Crossing or Road/Rail Crossing

Horizontal Directional Drilling (HDD) is a pipeline installation method to minimize surface disturbance to wetlands, stream/river/lagoon crossings, beach crossings, or other sensitive areas. For road/rail crossings a similar technique, thrust boring, is used. These techniques avoid the need for clearing, backfill and reinstatement but required a space 30m by 50m for drill entry and exit. This may mean at worst that for each entry and exit point, a total space equal to 750m2 is required in addition to the ROW. This has already been included in the land acquisition considerations presented in the RAP.

In Nigeria, it is envisaged that 11 roads will be thrust bored and that, at most, two HDD entry/exit points will be needed for the lagoon and shore crossings, giving 25 points in total. No wetland or locations other than those specified above will be crossed by HDD.

2.5.3 Construction Schedule and Duration

A final schedule for construction has not yet been determined. It is envisaged that site work will commerce within nine months of the construction-contract award. The commencement date of the schedule for the whole of WAGP is dependent on the final investment decision, which has not yet been made. The implementation period is expected to be phased into two stages of 18 months for completion of the offshore line and all metering stations excluding Tema and 24 months for completion of the Lagos Beach Compressor station and Tema R & M. The expected durations for the construction of each element of WAGP/Nigeria are given below.

2.5.3.1 Alagbado “Tee”

It is expected that construction of the “Tee” will take four months.

2.5.3.2 Onshore Pipeline and Marshaling Yards

The duration of installation works in Nigeria is expected to be six to eight months. Pipeline installation will be performed by up to three different crews working simultaneously during daytime hours only. Work will be undertaken in the dry season as far as possible. Duration of

Page 62: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-14

installation is expected to last two months in Benin (including the link line to the site of the future CEB facility), and two to three weeks for each of the R&M station approaches.

2.5.3.3 Lagos Beach Compressor Station and Primary Control System

It is expected that construction of the compressor station, including the concrete batch plant, will take 12 to 15 months. The possible upgrade of the Mosafejo/Adagun–Iworo–Ajido road for lighter traffic would not take more than one month. Concrete batching operations, if performed, would last two to three months within that time.

2.5.3.4 Shore Crossings

Shore crossings undertaken by horizontal directional drilling are envisaged to take between four and seven weeks, depending on the length of the shore crossing required.

2.6 WAPCo Policy on Public Access This is described in the WAPCo Right-of-Way Access Policy summarized below.

2.6.1 Facility Footprints

Fences will be installed around the properties containing the valve station(s), cathodic protection station(s), the Lagos Beach compressor station and the Alagbado Tee. Access to these fenced areas will be restricted to authorized visitors and WAGP personnel only. Local populations will not have any access to these areas once WAGP construction begins, and throughout the WAGP operational phase.

No fences will be installed around any other part of the project footprint. The pipeline ROW will not be fenced in, in any of the WAGP countries. Once the pipeline is buried, the affected land will be leveled except for the provision of a mound directly above the pipeline trench. As such, farmers’ access to different parts of their affected plots will not be hindered.

2.6.2 ROW: Pipeline Burial Zone

The pipeline centerline will be located approximately five meters from one edge of the right of way. The land within the pipeline burial zone (i.e., land directly above where the pipeline is buried, and extending to roughly five meters on one side of the centerline and 10 meters on the other side, forming a corridor of approximately 15 meters in width) will not be available for any use by the local population once WAGP construction begins in the vicinity of the pipeline construction spread, except for that used by affected farmers to go from one part of their affected plot to the other side.

The use of the pipeline burial zone for raising crops or any other purpose (other than transportation on transecting transportation routes) will be precluded within this zone once WAGP construction begins and throughout the WAGP operational phase.

Page 63: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-15

WAPCo will post signs (in English/French and local languages as appropriate) along the pipeline ROW restricting/limiting access and use of the land except for those locations identified as public transportation routes.

2.6.3 ROW: Area not included in Pipeline Burial Zone

All land within the pipeline ROW will be acquired by WAPCo in accordance with the land acquisition laws on right of way use in each country. Areas within the ROW not occupied by pipeline maintenance roads or burial zones will also not be made available to the local population for planting and cultivating or for construction at the end of the construction phase to avoid liability and prevent encroachment that could result in permanent construction on the right of way except as stated below.

Areas within the ROW not occupied by pipeline maintenance roads or burial zones will be accessible to the local population throughout the WAGP operational phase for such uses as livestock grazing as well as motorcycle and local foot traffic. Affected farmers who use light machinery to cultivate their affected plots will likewise be able to cross the ROW. However, as stated above, no local residents will be permitted to erect structures of any kind within the ROW, including buildings, fences, walls, cisterns, wells, irrigation facilities, etc., in order to ensure pipeline and thus population safety.

2.6.4 Transportation Routes Transecting the Pipeline ROW

As already indicated and shown on the map in Figure 2.1.1, the pipeline in Nigeria will cross three major highways and 32 other roads. Some of these roads are more highly developed while the rest are rural roads. Existing busy roads and highways crossing WAGP pipeline routes will not be significantly affected by WAGP during either the construction or operational phases. Construction methods such as thrust/auger boring beneath the roads will be used to eliminate the need to close these roads at any time.

Less busy roads and footpaths crossing the pipeline routes will be temporarily re-rerouted and/or closed during the construction phase but provisions will be made for alternative access for people or livestock across the right of way throughout the period of closure. All alternative routes will be prepared in advance of the corridor construction to avoid any inconvenience to the local residents, farmers, and traders. No adverse livelihood impacts are envisioned as a result of corridor construction along the major and/or the minor roads. The fact that the corridor will impact each of the roads one at a time will also ensure minimization of any inconvenience that may arise. Should, however, any contractor fail to comply with WAGP guidelines with regard to this issue, the recourse mechanisms outlined in Chapter 7 of the RAP will ensure contractor compliance and identify any adverse impact on local livelihoods.

Transecting transportation routes that must be temporarily closed/rerouted during WAGP construction, and their closure/rerouting schedules, will be determined once detailed construction plans have been finalized, and local residents will be notified of the closures/rerouting schedules prior to any construction activities. Where transportation routes must be temporarily closed, alternate routes will be identified and marked. No new access roads will be built. However, if difficulties arise in local populations’ access to alternative routes for short periods at a time

Page 64: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-16

and/or alternatives cease to be technically feasible, temporary paths may be created. Any land acquisition such exceptional measures may result in, will be subject to the same transparent procedures as those identified in this document.

During the WAGP operational phase, there will be no restrictions on any prior transportation routes that cross the pipeline ROW. All such routes will be fully restored to their previous condition (or improved) by WAPCo at the end of the construction phase and will be fully accessible and open to traditional use.

2.6.5 WAPCo Maintenance and Patrol Roads within ROW

WAPCo will develop maintenance roads for patrol purposes within the pipeline ROW, roughly paralleling the pipeline, along the full length of the ROW. These maintenance roads will be maintained in a condition suitable for inspection and maintenance of the pipeline system throughout the WAGP operational phase.

Prior uses of land occupied by pipeline maintenance roads other than transportation, e.g., raising crops, will be terminated once WAGP construction begins and throughout the WAGP operational phase.

After completion of construction (i.e., during the WAGP operational phase) local residents will be granted access to their properties through use of pipeline maintenance roads as transportation routes. Use of the maintenance roads will be limited to light traffic. Future roads, particularly those that cross the ROW, connecting two locations will be approved by WAPCo Management on a case-by-case basis. Should any of these involve land acquisition, the procedures outlined in this RAP will be used.

In urban or semi-urban areas, lockable barriers will be erected across all entrances to pipeline maintenance roads to prevent heavy use by car and truck traffic. In these areas, pipeline maintenance roads will not be accessible to cars and trucks, but will be fully accessible for use by motorcycle and pedestrian traffic during the WAGP operational phase. Given that most local residents and farmers are pedestrians, no livelihood impacts are envisioned.

In rural areas, no barriers will be erected at the entrances to pipeline maintenance roads, and these roads will be accessible to all light vehicle traffic including cars, light trucks, or other light agricultural machinery during the WAGP operational phase. The use of heavy vehicles will be discouraged as a safety measure through the posting of signs and periodic patrol.

Once WAPCo takes over the facilities from the contractors, approximately 18 to 24 months after final investment decision, a surveillance team will be organized to monitor and prevent ROW encroachment. The access policy will be enforced through regular patrol by WAPCo operators.

2.7 Compensation for Lost Assets For all land acquisition, the project affected land owners will be fully compensated based on negotiated replacement cost of the land as well as for any assets, such as fences, that may be on the land. Compensation for trees will also be negotiated based on the income stream as well as

Page 65: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 2

June 2004 Nigeria Final Draft RAP Rev 1 2-17

replacement cost considerations, taking into account the adjusted OPTS rates established for the oil and gas industry by the Government. All standing crops will likewise be compensated for. If affected land plots are severed and their use is made difficult, additional compensation will be made. Other issues involving compensation for land entitlements are addressed in Chapters 5 and 6.

Compensation will be either cash, based on rates negotiated with each owner/user, calculated taking into account replacement of the land and income stream, and in open communication with the directly affected parties (individuals, families, and/or communities) or their notarized appointed agents, or through land-for-land arrangements. Those concerned have been asked what their preferences are and will be compensated accordingly. Given that the land in principle belongs to the state and is assigned to individuals or families, some households may wish to obtain land-for-land especially for plots zoned for residential use. Some, however, may wish to buy land of their choice in the market. For land replacement cases, there will be full consultations and negotiations to determine that the proposed replacement is suitable. Replacement lands have already been identified in the Agbara and Otta areas in Nigeria and will be identified in other vicinities as well.

2.7.1 Summary of Land Requirements Land requirements for WAGP in each of the four countries are summarized in the table below. Where land-for-land compensation is requested, there will be a negotiation to determine what that should be. In-kind replacement lands have been identified already in Otta and Agbara, Nigeria.

Table 2.7-1 Land Acquisition Requirement in Nigeria

(In hectares)

Above-ground installations site footprints (Alagbado Tee and Compressor Station) 8.50

ROW (outside site footprint) 135a Access road 0.20 to dock if built Total Permanent Requirement 143.70 Staging areas (outside permanently acquired areas) 8.53 Work camps 4.00 HDD footprint 1.73 Weight-coating plant 0 Total Temporary Requirement (in addition to permanently acquired land) 14.26

Grand Total 155.96 a This figure is estimated based on the overlap of the ROW with existing pipelines in certain segments.

Source: WAGP, December 2003

Page 66: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 67: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-1

Chapter 3 Policy and Legislative Framework

3.1 Introduction The West African Gas Pipeline Project will be designed, built and operated to comply with the WAGP International Project Agreement (IPA) and with Nigerian national legislation and regulatory standards as well as with the relevant international policies and guidelines concerning resettlement, land acquisition, and compensation, as outlined in this chapter.

Also summarized are any gaps in legislation relating to involuntary resettlement, as well as project measures to ensure compliance with the World Bank Group policy requirements with regard to resettlement.

In addition to the IPA, the project is subject to the following two key pieces of national legislation or “legislative acts” that will govern land acquisition, resettlement, and compensation activities: Land Use Act, Cap 202, 1990 Laws of Federation of Nigeria1 and the Oil Pipelines Act, Cap 338, 1990 Laws of Federation of Nigeria. The IPA prevails when there may be inconsistencies between the IPA and national legislation, though national legislation (in this case the Oil Pipelines Act and the Land Use Act) will be the overriding factors in determining the basis for compensation. Beyond Nigerian legislative and regulatory requirements, the project will be implemented in accordance with the corporate standards of the WAPCo sponsors, as well as the policies and guidelines of the World Bank Group.

This chapter outlines the regulatory framework as it refers to the RAP and discusses the following categories of legislation and policy:

• International Project Agreement (IPA) or Host Government Agreement • National Legislation • Land ownership and property rights • Power of eminent domain • Project measures to ensure compliance with World Bank/Group guidelines

3.2 International Project Agreement or Host Government Agreement The International Project Agreement (IPA) guides many aspects of the project in all four countries included in it and covers issues pertaining to land and asset acquisition. According to the IPA, permanent land rights which do not involve an Exclusive Possession Right shall be granted by the national States as rights attaching to the Pipeline Licenses, or otherwise in accordance with the Constitution and laws of each State.

1 All Legislations in Nigeria prior to 1990 have been codified in volumes now called Laws of Federation of Nigeria 1990.

Page 68: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-2

The compressor station site will be acquired on the basis of exclusive acquisition. According to the IPA, WAPCo shall endeavor to obtain the Exclusive Possession Rights, which it needs over land, which is not owned by the Federal Government of Nigeria or a federal authority by way of negotiation with the owner and the occupier of the land. In Nigeria, this requirement would be satisfied by the grant of a statutory occupancy right. Foreign ownership of Nigerian land is not prohibited or regulated and WAPCo would be protected under enabling legislation. The transfer or assignment of occupancy rights requires the consent of the Governor of the national state in which the land is located.2

In terms of compensation, the IPA states that the principles and procedures for quantifying the amount of such compensation (together with procedures for resolving any disputes) shall be those applying under the prevailing laws of the relevant national States. Thus, the IPA refers to national legislation to regulate the entitlements and the compensation determination. The IPA text summarized below contains considerations for developmental action that would allow the livelihoods of the affected populations to improve over and beyond the pre-project levels.

Rights on land owned primarily by the state shall be granted without charge to WAPCo by the Federal Government of Nigeria, per the IPA, unless a charge for such land is provided for under the local law as at the Execution Date.

The overall framework regarding the granting of land rights by the Government of Nigeria to WAPCo is contained in Section 21 of the International Project Agreement (IPA).

Section 21.2 of the host government agreement grants to WAPCo the permanent land rights that the Company requires that do not involve an Exclusive Possession Right by the four national States as rights attaching to the Pipeline Licenses, or otherwise in accordance with the Constitution and laws of each country.

Section 21.3 states that the Company shall endeavor to obtain the Exclusive Possession Rights that it needs over land that is not owned by a national State or a State Authority by way of negotiation with the owner and occupier of the land, whether that is a private individual or a public entity. This will be done in accordance with applicable legislation, as the Company will still have to perfect its Title over such land with the relevant Government Agencies.

Section 21.4 states that the Company shall notify the WAGP Authority when it has taken its “Final Investment Decision,” and at the same time notify the WAGP Authority of all land with respect to which it has not obtained the Exclusive Possession Rights, which it needs. Upon receipt of such notice by the WAGP Authority, each national State shall procure, with respect to land within its territory and jurisdiction (including the seabed), that the Company is granted Exclusive Possession Rights to all such land. In other words, under the law, it is the Federal Government of Nigeria that will be granting title to the land acquired for the project. Such Exclusive Possession Rights shall be granted by way of acquisition, transfer or issue to the Company of the longest form of exclusive title or right of use available under the laws of the relevant State. Following the provision by a national State of such title to the Company, that State shall be responsible for settling any claims made with respect to that land, and shall 2 Hereinafter, the term “State” refers to the Federal Government of Nigeria.

Page 69: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-3

indemnify the Company with respect to any valid claim made by any other person which is adverse to the Company’s rights as set out above. While it is ultimately the Federal Government’s responsibility to provide the corridor to the project, in reality, the project will work closely with the affected households to ensure that they are fully compensated in accordance with the local laws and international safeguard policies. Similarly, while it is the national state (FGN) that ultimately resolves the disputes, it is the responsibility of the project to ensure that these do not arise.

Section 21.6 of the IPA states that the Company has an obligation to pay to the national State (FGN), on behalf of owners or occupiers, fair and reasonable compensation for the acquisition of Exclusive Possession Rights or permanent rights of way or permanent access rights. The principles and procedures for quantifying the amount of such compensation (together with procedures for resolving any disputes) shall be those applying under the prevailing laws of the relevant State. The obligations of the Company under this Clause shall be in addition to the obligations of the Company to pay compensation for damage or disturbance, in accordance with the prevailing laws.

According to Section 21.7 of the Agreement, where the land over which the rights granted is owned by a national State or State Authority, rights shall be granted to the Company without charge, unless a charge for such land is provided for under local law as at the Execution Date, in which case the charge for such land shall be as would be applicable under that local law as at the Execution Date.

As for the compensation for temporary right, Section 21.9 of the IPA states that the Company shall pay to any affected legitimate landowners or lawful occupiers of land entered in accordance with the granting of temporary rights fair compensation for disturbance or damage caused by the activities of the Company or the Project Contractors on such land. The principles and procedures for quantifying the amount of such compensation (together with procedures for resolving any disputes with respect to with respect to such compensation) shall be these applying under the prevailing laws of the relevant State.

3.3 National Legislative Framework The Land Use Act, Cap 202, 1990 Laws of Federation of Nigeria and the Oil Pipelines Act, Cap 338, 1990 Laws of Federation of Nigeria are the key pieces of legislation that have direct relevance to the project. Relevant sections of these laws are summarized in this section with respect to land ownership and property rights, eminent domain, and compensation.

The Land Use Act is the applicable law regarding ownership, transfer, acquisition, and all such dealings on land. The Act categorized land in Nigeria into two main categories: urban and non-urban land. This categorization vests administration of urban land in the hands of the State Governor, while non-urban land is vested in the Local Government Councils. However, all land, whether urban or rural, belongs to the State, and is ceded to individuals through Certificates of Occupancy.

The Act denies persons the ownership of land in the “Western” sense whereby the individual on whose name the land is deeded and registered will have the sole and inalienable rights. Instead,

Page 70: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-4

the ownership is vested in the Governor of each State. The land is held in trust and administered by the Governor for the use and common benefit of all Nigerians. This rule makes it lawful for the Governor to grant statutory rights (whether or not in an urban area) of occupancy for all purposes; to grant easements appurtenant to statutory rights of occupancy; and to demand rent. Statutory rights of occupancy are for a definite term, and may be granted subject to the terms of any contract made by the State Governor and the holder.

In non-urban areas, Local Government Councils may grant customary rights of occupancy for agricultural (including grazing and ancillary activities), residential and other purposes. Local Government Councils cannot grant a single customary right of occupancy in excess of 500 hectares for agricultural purposes and 5,000 hectares for grazing purposes, except with the consent of the Governor. The Land Use Act allows for a Local Government to enter, use and occupy for public purposes (thereby revoking customary rights) any land within its jurisdiction that is not any of the following: within an urban area; subject to a statutory right of occupancy; within an area compulsorily acquired by the Government of the Federation or of the relevant State; subject to any laws relating to mineral or mineral oils.

The Lands Decree of 1993 (decree number 52) vests ownership of all lands within a 100-meter limit of the 1967 shoreline of Nigeria in the Federal Government of Nigeria. This vesting includes any other land reclaimed from any lagoon, sea, or ocean in or bordering Nigeria.

3.3.1 Laws on the oil/gas sector as they may be relevant for the WAGP

The Oil Pipelines Act makes provisions for licenses to be granted for the establishment and maintenance of pipelines and ancillary purposes. An oil pipeline covers the conveyance of natural gas, as well as any substance used or intended for use in the production or refining or conveying of natural gas. The Act includes provisions regarding restrictions with respect to certain public facilities and venerated land, as well as compensation procedures.

3.3.2 Law on compensation for land and other assets

The Land Use Act makes it lawful for the Governor to revoke a right of occupancy for overriding public interest. For both statutory and customary rights of occupancy, public interest includes the requirement of land for mining purposes or oil pipelines or for any connected purpose. Any such revoked right of occupancy shall be entitled to compensation under the Oil Pipelines Act. In determining compensation in accordance with provisions of the Oil Pipelines Act, the court shall apply provisions of the Land Use Act so far as they are applicable and not in conflict with anything in the Oil Pipelines Act (Section 20, Subsection 5). No compensation shall be awarded with respect to unoccupied land as defined in the Land Use Act, except to the extent and circumstances specified in the Land Use Act (Section 20, Subsection 4).

The state is required to establish an administrative system for the revocation of occupancy rights and the compensation of the affected parties. Accordingly, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each state that determines disputes as to the amount of compensation payable under this Act for improvements on land (Section 2, Subsection 2c). In addition, in each State another body is required, namely a Land Allocation Advisory Committee responsible for advising the local Government on matters related to the

Page 71: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-5

management of land. The Land Use Act entitles the holder and occupier of any customary right of occupancy that is revoked for public purposes to be entitled to compensation of their unexhausted improvements, for the value at the date of revocation (Section 6, Subsection 5). Where land under a customary right of occupancy used for agricultural purposes is revoked under the Land Use Act, the Local Government can allocate alternative land for the same purpose (Section 6, Subsection 6).

Land acquisition requires approval of the State Governor. If a local government refuses or neglects within a reasonable time to pay compensation to a holder and an occupier, the Governor may proceed to the assessment of compensation under Section 29 of the Land Use Act and direct the Local Government to pay the amount of such compensation to the holder and occupier (Section 6, Subsection 7). According to Section 29, for both statutory and customary rights of occupancy, any such revoked right of occupancy for public purpose, which includes the requirement of land for mining purposes or oil pipelines, shall be entitled to compensation under the Oil Pipelines Act. According to the Land Use Act, compensation for future rents must be paid on crops, buildings, and installations. Compensation is to be assessed and determined by the appropriate officer, less any depreciation, plus interest at the bank rate for delayed payment of compensation (Section 29, Subsection 4b). However, the project will pay the negotiated compensation for acquired structures and other assets. The payment will be made in cash and not in installments. This will ensure that the affected population will be able to rebuild or replace their houses and other assets without difficulties. Asset valuation methods are presented in detail in Chapter 5.

The Oil Pipelines Act provides for the holder of a license to pay compensation to any person whose land or interest in land is injuriously affected by the exercise of the rights conferred by the license. If the amount of compensation is not agreed upon between the affected person and license holder, it is to be fixed by a court in accordance with Part IV of the Act (Section 11, Subsection 5), as follows: if such a claim is made, the court shall award such compensation as it considers just in regard to any damage done to any buildings, crops, or profitable trees by the holder of the license, as well as any loss in value of land or interests in land. The court will also consider compensation for damage suffered by persons through neglect to protect, maintain or repair any work or structures, as well as a consequence of any breakage or leakage from the pipeline or ancillary station.

In determining the loss in value of the land or interests in land of a claimant, the court shall assess the value of the land or interests injuriously affected at the date immediately before the grant of the license and shall assess the residual value to the claimant of the same land or interests consequent upon and at the date of the grant of the license and shall determine the loss suffered by the claimant as the difference between the values so found, if such residual value is a lesser sum.

Where the interests injuriously affected are those of a local community, under Section 21 of the Oil Pipelines Act, the court may order the compensation to be:

• Paid to any chief, headman or member of that community on behalf of such community; or

• Paid in accordance with a scheme of distribution approved by the court; or

Page 72: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-6

• Paid into a fund to be administered by a person approved by the court on trust for application to the general, societal or educational benefit and advancement of that community or any section thereof.

Operators in the oil and gas sector have devised a means of compensating local communities, without being seen as contravening the provisions of the Land Use Act. This device is the “Payment for Deprivation of Use of Land,” and payment is regulated by the Oil Producers Trade Section (OPTS) rates. The OPTS rates provide a compensation payment rate schedule, e.g., the amount payable for all crops and economic trees in Nigeria, categorized into young, medium, and adult (see Chapter 5 for further discussion of the use of application of OPTS rates in valuation of project-affected assets).

The OPTS rates were last reviewed in 1998. While some communities may consider the rates inadequate, they remain currently valid as a schedule for compensation in Nigeria. Needless to say, they may be updated as and when the sector decisions-makers see fit. For purposes of this RAP, inflation-adjusted OPTS rates will constitute the minimum that affected owners will receive. If these rates are not accepted by affected owners, the compensation will be negotiated to the satisfaction of the stakeholders.

3.3.3 Law of expropriation or Eminent Domain

As already mentioned, the Land Use Act makes it lawful for the Governor to revoke a right of occupancy for overriding public interest. For both statutory and customary rights of occupancy, public interest includes the requirement of land for mining purposes or oil pipelines or for any connected purpose. Any such revoked right of occupancy shall be entitled to compensation under the Oil Pipelines Act. The work carried out by the land expropriation team of WAPCo and the Estate Surveyors that the company has engaged shows that all affected households and groups are willing to sell their affected assets to the project. As of May 2004, the project has received no indication that Eminent Domain will have to be used to expropriate any of the land needed for the corridor and other permanent and temporary facilities.

3.3.4 Laws governing acquisition of state-owned assets, including land

Laws governing acquisition of state-owned assets are not applicable as no state land is being acquired by the project in Nigeria.

3.3.5 Laws governing acquisition of tribal and community properties, including water resources, irrigation schemes, and access roads

Tribal laws are not coded and do not form part of the body of laws of the Federation of Nigeria. Customs and tribal practices may affect the devolution of a deceased’s estate but they are not relevant in the regulation of transactions in land by private treaty. Customs and tribal practices are sometimes relevant in determining traditional ownership of land (i.e., whether land is owned by a community, family, or individual) and the shares in which such interest is held but such customs and practices are numerous and diverse.

Page 73: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-7

Under the Oil Pipelines Act (Section 14), the license shall not, unless it is expressly permitted by terms of the license, allow the holder to:

• Construct any works upon any land which is the site of or is within 50 yards of any public road, dam, reservoir, or building belonging to or occupied by the Federal, or a State or Local Government3; or

• Alter the flow of water in any navigable waterway, or construct such works in, under, or over any navigable waterway that might obstruct or interfere with the free and safe passage of vessels, canoes, or other craft; or

• Construct such works in, under, or over, or deposit such material in or alter the flow of water required for domestic, industrial, or irrigational use that would diminish or restrict the quantity of water available, or construct works or make deposits in any waterway that would cause flooding or erosion.

3.3.6 Law of Land Registration, Land Ownership and Property Rights under different local regimes

Each state government in Nigeria has laws requiring registration of interests in land. The Land Use Act provides for the establishment of a Land Use and Allocation Committee in each state that determines disputes as to the amount of compensation payable under this Act for improvements on land. This Committee would also have the responsibility for advising the Governor on any matter connected with resettlement. In Ogun State, the Bureau for Lands and Survey, Abeokuta, is the main government agency in the State. The Bureau has a good knowledge of land ownership in the State, and also has its own estate surveyor that will take part in the assessment and arrive at his own valuation. Based upon consultation with the Bureau, the following are the required Ogun State procedures regarding land acquisition:

• WAPCo writes a formal letter to the Bureau informing them of the project’s intention to acquire the said Right of Way (ROW), attaching a survey map showing the entire ROW.

• The Bureau arranges for a joint inspection visit to the proposed Right of Way.

• WAPCo places a notification and description of the ROW in local and national newspapers, and members of the public are invited to comment within a period of 21 days;

• WAPCo conducts a Public Hearing in the community, followed by an additional 21-day period to collect public comment. This establishes a deadline to register comments and disputes;

• Based on the outcome of the hearing and comment period, and contingent on the negotiation of outstanding disputes, a Certificate of Occupancy would be granted to WAPCo by the Bureau.

3 This Act thus requires that WAPCo ask permission to bury the gas pipeline under the existing road infrastructure.

Page 74: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-8

WAPCo will also be relying on the traditional Authority in the relevant Local Government Authorities (LGAs), the most prominent being the Olota of Otta, and the Akran of Badagry and the Oba of Igbessa. WAPCo will also seek out the local chiefs, and community leadership for assistance in identifying landowners as well as resolution of disputes. WAPCo may consult with the Local Government Council, in accordance with the Land Use Act that vests the administration of rural land in them.

In Lagos, the State Ministry of Lands and Housing, Alausa, is vested with responsibility of administration of land in the State. However, the role of the Ministry is limited since the project is primarily seeking to acquire rights to rural lands. The provisions of the Land Use Act vests the administration of rural land in the hands of the Local Government Council; in reality, the community leadership and traditional authorities remain the custodians of rural land, and play a vital role in determining ownership and resolving disputes. It should be noted that the length of the ROW in the Lagos end is far less than in Ogun State. The Oba of Badagry will be involved as appropriate in addition to the community leaders and local Bales.

3.3.7 Construction rights and ROW enforcement

Construction Rights

The Oil Pipelines Act entitles the holder of a license to construct, maintain, and operate an oil pipeline and all ancillary installations, including roadways, telephone and telegraph lines, electric power cables, pumping stations, storage tanks, and loading terminals (Section 11, Subsection 3). The holder of the license shall have power to dig and obtain free-of-charge any gravel, sand, clay, stone, or other substance within the licensed land that will facilitate the construction or maintenance of a pipeline or any ancillary institution.

A license may be granted for a period not exceeding 20 years (Section 17).

Restrictive land use and ROW enforcement

Under the Oil Pipelines Act, the holder of a license, his officers, agents, workmen, or other servants with any necessary equipment are allowed to enter upon and take possession of or use a strip of land of a width not exceeding 200 feet, or such other width(s) as specified in the license (Section 11)

The Oil Pipelines Act makes it legal for the President, upon application by the holder of a license, to prohibit or restrict the construction of any building or type of building, or the carrying on of any cultivation or industrial or mining or oil mining activity within a specified distance, not exceeding 100 feet from the boundaries of the land or of any part of the land for which the license is granted (Section 12). The right to deviate from the route specified in the license may be granted at any time by the President (Section 13).

Under the Oil Pipelines Act, the holder of a license, his officers, agents, workmen, or other servants with any necessary equipment are allowed to enter upon and take possession of or use a strip of land of a width not exceeding 200 feet, or such other width(s) as specified in the license

Page 75: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-9

and to construct, maintain, and operate an oil pipeline and ancillary installations (Section 11, Subsections 1 and 3).

3.3.8 Laws pertaining to resettlement, re-location

In Nigeria, the legal framework for land acquisition and resettlement is formulated in the Land Act Use of 1978 (modified in 1990) that in most regards is in accord with the World Bank Group policy for resettlement. The key differences between the Land Use Act and the World Bank‘s OP 4.12 are related to rehabilitation measures, which are neither proscribed nor mandated in the Act.

The Land Use Act provides for the establishment of a Land Use and Allocation Committee in each local state that has responsibility for advising the State Governor on any matter connected with resettlement. The Land Use Act does provide an option to accept resettlement in case of revocation of right of occupancy; where a right of occupancy with respect to any developed land on which a residential building has been erected is revoked under this Act, the Governor or Local Government, may in his or its discretion offer in lieu of compensation, resettlement in any other place or area by way of a reasonable alternative accommodation (if appropriate in the circumstances). While within the national and local legal system, the land-for-land arrangements are discretionary, every effort will be made by WAPCo to collaborate with the Governor and the local governments so that land in the vicinity of the project will be identified for the affected populations. This will allow the affected owners to decide whether they might want cash compensation or opt for alternative land with similar characteristics (plus sufficient compensation to replace the loss assets, such as homes, barns, wells). The Local or State Governments will be responsible for the administration of land replacement transactions, while the Project will bear the costs and logistical details associated with such replacement, including direct discussions with PAPs regarding acceptable replacement lands.

3.3.9 Appeals procedures as specified in national legislation

The Oil Pipelines Act provides a notice of objection whereby any person whose land or interest in land may be affected by the grant of a license has the right to lodge objections verbally or in writing.

3.3.10 Laws regarding protection of cultural assets

Under the Oil Pipelines Act, a license shall not authorize any person to enter, take possession of or use any of the following lands without the prior assent of owners or occupiers or persons in charge:

• Land occupied by any burial ground or cemetery

• Any land containing any grave, grotto, area, tree, or thing held to be sacred or the object of veneration

The Act further stipulates that if there is any doubt regarding either the application of this restriction and/or the ownership/occupancy/persons in charge, the decision of the High Court in

Page 76: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-10

this matter shall be final. The Environmental and Social Impact Assessment prepared for the project provides a more extensive coverage of the relevant issues.

3.4 Project Measures to Ensure Compliance with World Bank Group Resettlement Guidelines

In Nigeria, WAGP RAP activities will be aligned with the World Bank Group OP 4.12 on Involuntary Resettlement as an effective and sustainable means of restoring the livelihoods of people affected by the implementation of the project. Where there are gaps between the Nigeria legislative norms and regulations in regard to compensation for land, the OP 4.12 will apply. In this regard, the OP 4.12 specifies that resettlement compensation and assistance should be offered to all displaced persons regardless of the total number affected, the severity of impact, and whether or not they have legal title to the land. In particular, the OP 4.12 indicates that compensation should be made to the following three categories of affected population:

• Those who have formal rights to land, including customary and traditional rights recognised under the local laws

• Those who do not have formal rights to land at the time the census begins but have a claim to such lands or assets, and

• Those who have no recognisable legal right or claim on land they are occupying.

OP 4.12 aims to ensure that the following key principles are in place:

• The affected people are being offered choices including alternative resettlement options that are technically and economically feasible to them and are culturally appropriate.

• Preferences are given to land-based resettlement strategies of the displaced people whose livelihoods are land-based and are indigenous. Such strategies must be compatible with their cultural preferences and should be prepared in consultations with them.

• When the impacts require physical relocation, the resettlement measures must include provision of assistance during relocation (moving allowance), residential housing or housing sites, and agricultural sites, if necessary, that are at least equivalent to the old site in terms of productive potential and locational advantages.

• Resettlement should include measures to ensure that the affected people are offered support for a reasonable transition period based on the estimate of time required to restore the original level of their livelihoods and standards of living.

• The affected people should also be provided development assistance that includes land preparation, credit facilities, training, or job opportunities.

• Particular attention should be paid to the needs and concerns of the poor and vulnerable groups including the landless, women, children, the elderly, ethnic minorities, and indigenous

Page 77: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-11

people, as well as those displaced persons who may not be protected through national land compensation.

• In host communities, infrastructure and public services must be provided to improve, restore, or maintain accessibility and levels of services of the displaced people and the host community.

• In host communities, patterns of community organization must be restored appropriate to the new circumstances and based on choices made by the displaced persons.

• Compensations must be made in cash or in-kind depending on the preferences made by the affected people. They should be made promptly in a form of a single payment and shall be at a market value agreed tp between willing buyers and sellers, which shall be considered as full replacement cost for the lost assets.

• Cash compensation for lost assets may be appropriate under the following circumstances:

a. Where the livelihoods are land based, but the land acquired by the project is a small fraction of the affected asset and the residual is economically viable.

b. Where there is a sufficient supply of land, housing and labor which can be used by the displaced person; and

c. Where the livelihoods are not land based

In regard to public consultation and disclosure, the OP 4.12 indicates that:

• The affected people should be identified and informed about their options and rights in regard to resettlement and should be given the opportunity to participate in planning, implementing, and monitoring of the resettlement activities.

• A census of the affected population and broad consultations in the affected communities should be undertaken in order to not only identify those to be affected, but also to discourage inflow of people not eligible for assistance.

• Participants in the consultations must include community leaders, NGOs and CBOs4 and other interest groups active in the project area.

In addition to the OP 4.12 requirements regarding the public consultation process as a part of the resettlement activities, the WAGP in Nigeria will follow the IFC’s guidelines formulated in “Doing Better Business Through Effective Public Consultation and Disclosure: a Good Practice Manual” (1998). These guidelines aim to ensure that:

• The process of public consultation involves all stakeholders and affected populations in the identification, valuation, expropriation and/or dispute resolution.

4 Community-Based Organization.

Page 78: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 3

June 2004 Nigeria Final Draft RAP Rev 1 3-12

• The consultation process is highly participatory, accessible to all affected parties at all levels, and allows stakeholders to engage in the entire process of resettlement planning and implementation.

Although the local legislation, including those regulating the investments in the oil and gas sector, does not require application of measures similar to those required by OP 4.12 to acquire land, WAPCo has fulfilled the requirements of the Involuntary Resettlement Policy as follows:

• A census of all affected owners and users of the affected households has been prepared.

• Extensive consultations with these households and their representatives have been carried out over a two-year period.

• Socioeconomic surveys designed for the Environmental and Social Impact Assessment for the project have included subsets of households directly impacted.

• All households have been offered land-for-land, home-for-home arrangements but have opted for cash compensation. Verification of people’s preferences for cash has been sought, including through a Letter of Intent, drafted in May 2004.

• Effort has been made to adjust existing compensation rates to inflation as a basis for willing-seller/willing-buyer price negotiations to purchase the affected assets.

• All the land within the ROW will be made available to the people for uses other than cultivation and construction; this means that access to markets, jobs, and different parts of the farms will not be hindered.

The measures illustrated above are not imbedded in the local laws and regulations. They are also not required in order to purchase land from willing sellers. Rather, these measures have been specially formulated for WAGP to close the gaps that exist between international norms and local standards. These are discussed more fully in Chapters 5, 6, 7, and 8.

Page 79: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-1

Chapter 4 Overview of Project-Affected Communities

4.1 Introduction Three sources of field data were drawn upon to prepare the description of the existing socioeconomic situation of the project-affected areas in Nigeria:

• Household surveys conducted in support of the Environmental and Social Impact Assessment (ESIA) prepared for the project1 and based on a sample of 510 households of which 163 are directly affected by asset acquisition activities of the project; these were complemented by ESIA community surveys. ESIA surveys covered a total of 27 communities of which, 23 are directly impacted by asset acquisition activities;

• Information from public consultations that provided qualitative data; and

• The Estate Survey based on a complete census of all 2,485 claimants and the full inventory of affected assets, including 2,578 plots.

A small-scale qualitative RAP study also provided inputs. In addition to primary data, secondary data were gathered to obtain information about the demographics, health, employment, income, education, infrastructure, and sources of energy among the affected communities.

Secondary sources included a variety of existing country studies and data sources from the World Bank, the United Nations, and the CIA World Factbook. Whenever possible, however, primary sources of data formed the basis for this analysis. These were useful in providing the broad context within which specific RAP issues were placed. To meet the World Bank OP 4.12 requirements for the preparation of the RAP, the issues were narrowed down to those people and communities whose livelihoods were impacted as a result of the project’s land-and-asset acquisition activities.

The report focuses on the areas affected by the WAGP: the Alagbado “Tee” site, pipeline ROW, compressor station site, onshore pipeline ROW from the compressor station to the offshore pipeline shore crossing at the Atlantic coast, and any areas to be occupied by ancillary facilities.

Most of the surveyed communities are categorized as rural, non-fishing communities. However, four out of the 23 communities that are directly affected (Ajido, Imeke, Iworo, and Tori-Lovi) are situated by or near Badagry Creek, and fishing constitutes a source of livelihood for at least some residents. Itoki and Igbesa are in Ifo and Otta Local Government Areas (LGAs), respectively, and are classified as semi-urban.

A comprehensive, dated list of directly affected people in Nigeria and their relevant socioeconomic characteristics has been developed based on the Estate Survey. This list will be made public in appropriate public places after the Final Investment Decision (FID) is taken. 1 A total of 27 communities was surveyed by the social impact assessment team. Of these 23 will lose some land to the project. This group of 23 is referred to as ‘directly affected communities.’

Page 80: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-2

4.2 General Findings of the Socioeconomic Survey The findings of the socioeconomic survey specific to the project area reveal that the project impacts are highest in the rural areas and on agricultural land. Household incomes increase in direct proportion to the amount of land held by families. Thus, the higher the amount of land lost by households, the higher the adverse impacts will be. It is therefore of great importance to devote attention to the valuation of land, trees and other crops so that lost assets are replaced and incomes are restored. It is also important to note that affected families lose less than 4 percent of their land holdings in most communities. As a result, the overall impacts will be small. Affected families typically ask for cash compensation from the project. With their compensation, they can restore lost incomes by either replacing the land and/or by intensification of agriculture in their remaining land holdings. The following are the key findings of the socioeconomic analyses of the affected households:

• In Nigeria, the WAGP route will cross country’s 2 western states- Lagos State and Ogun State – bisecting a total of 23 communities with a total population of approximately 90,000 people. The communities include Itoki, Ijoko, Alade, Owode, Ajibode, Ewupe, Atuwara, Abule Benja, Igbo Oloye, Arobieye, Abiola, Okoomi, Ore Akinde, Edu, Agbara, Igbesa (Agotutun), Ilogbo Ijobun, Ilogbo Eremi, Agunmo, Araromi Ale, Imeke, and Ajido.

• The directly affected people include 1,557 landowners and 928 tenants.

• Among the 23 directly affected communities, Igbesa bears the highest impacts in terms of number of landowners and tenants affected, including women-led households among them.

• A large proportion of the directly affected households is rural, and most of them have been living in the same community since birth. As a result, they would be less likely to accept resettlement in another community.

• All affected households prefer cash compensation, despite being offered in-kind compensation based on land-for-land arrangements.

• There is no significant difference between the directly affected households and other members of their communities in terms of ethnic origin. Similar procedures for land acquisition will apply across all ethnic groups.

• Female landowners constitute a smaller portion of the affected people, and they also lose less land than the men. This may be due to women owning smaller amounts of land. Male landowners, on average, lose twice as much land as female landowners. Women do not lose more than proportionate to their holdings and thus will not be vulnerable.

• Age-specific vulnerabilities are also not visible. There are indications, however, that the elderly are over-represented among the landowners in some communities and may need greater assistance and special considerations.

Page 81: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-3

• The proposed pipeline route has identified residential structures, including ownership and construction status. Most residents own their houses. Structures are completed, partially completed, or at the foundation level.

• Education and literacy rates are high among the population in the affected areas, thus facilitating the dissemination of information regarding the project.

• Agriculture is the most important income generating activity for both the communities in general and the directly affected households. About 72 percent of the directly affected households engage in subsistence agriculture while 43 percent grow commercial crops. Most households define themselves as self-employed agricultural workers, and indicate that they are highly dependent on access to land. This makes it crucial to provide adequate compensation for the affected people for the loss of land assets.

• Livestock management is not widespread among the directly affected households, although a significant portion of them keep poultry and sheep. This attribution is similar to the rest of the affected communities, as well.

• Directly affected households are more likely than others to be reliant on the income-earning abilities of only one or, at the most, two household members. Other households in affected communities tend to have more than two people earning incomes.

• The reported income levels of directly affected households are low; in addition, the expenditure data indicate that they have a significantly higher level of expenses than average in affected communities. This is consistent with the indicator that they are more reliant on agriculture and, as a result, may miscalculate their reported income levels more than the other households. It is also important to note that their high dependence on land would make them more vulnerable to the potential adverse effects of the project. In general, residents in surveyed communities have a good level of access to basic infrastructure and household items.

• There is no significant difference between the directly affected households and others with regard to ownership of household and transport assets. Therefore, if the directly affected households opt to obtain land elsewhere, or relocate their homes, they will not be disadvantaged in comparison with other members of their communities.

• Households in surveyed communities view the project in a positive light, mainly due to its expected employment impact as well as benefits to be accrued during the operation of the pipeline. However, they are concerned about the transparency of the process, and the potential adverse post-construction developments. Restoration of land and environmental resources to their previous state, as well as prompt payments for land acquired, constitute a priority among people’s expectations of WAGP.

4.3 Survey Instruments The socioeconomic surveys were carried out primarily for broad social impact analysis and did not specifically target the households whose lands and other assets will be acquired for the project (Annex 4.1 and 4.2). The objective of these surveys was not to establish the magnitude of project impacts on directly affected households. The surveys also lacked data to measure the

Page 82: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-4

household income attributable to the project-affected productive assets2. Nevertheless several indicators could be used.

To better understand the characteristics of the directly affected populations, two procedures were used. First, two samples were separated: (i) households from communities in the vicinity of the pipeline corridor; and (ii) households from communities that will lose land to the project. The comparison of these two samples helped identify the differences between communities directly affected by land acquisition activities of the project and those that will be indirectly affected. Secondly, within the directly affected communities, those households that mentioned that they were either close to or on the pipeline were isolated into a separate file. The socioeconomic characteristics of these households were analyzed, keeping in mind that the affected tenants would be excluded from this group. The relevant data are presented in this chapter.

Socioeconomic Impact Assessment (SIA) Household Survey

The household survey was carried out in June 2003 in 27 communities in or adjacent to the project footprint. Households surveyed included project-affected populations (PAP) and non-PAP members of the adjacent communities. For purposes of the EIA social impact assessment household surveys, a random sample of 510 households was drawn from the 27 communities located close to the pipeline and other facilities to be built. In each of the villages, at least 10 households were surveyed. Considerably more households were surveyed in the larger communities. Based on these figures, the team sampled an adequate number of households to yield statistically significant analyses of the data. The survey is considered representative of the pipeline corridor as a whole.

Two sub-groups were selected within the survey sample to conduct the comparative analyses on the survey data. The first sub-group represents 397 households living in communities directly affected by the project. The second sub-group, made up of 163 households, either lives in close proximity to the pipeline (less than 200 meters) or has indicated to the surveyors that the pipeline construction will affect them directly. The second group is considered to be the “directly affected households,” thus allowing differences between affected communities in general and the directly affected households to be examined.3

4.3.1 SIA Community Survey

Community surveys were conducted during June 2003 in each of the 27 communities in or adjacent to the project ROW (covering both PAP and non-PAP residents of these communities). Again, 23 of these communities were isolated to obtain information on the characteristics of communities directly impacted by the land acquisition activities of the project. In these areas, a diverse group of community members was invited to participate in the assessment of community characteristics as well as in the evaluation of perceived impacts of the proposed project. The

2 As such, the socioeconomic data requirements specified in OP 4.12 with respect to the project-affected populations were met through re-analyses of the social impact assessment data. A small scale base-line data set regarding the directly affected households will also be prepared as part of the monitoring effort to fill in any data gaps that may have existed during the preparation of this RAP report. 3 The team writing the RAP report did not participate in any of the fieldwork. Rather, it worked on the data available through estate surveys and social impact assessment studies.

Page 83: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-5

groups generally consisted of between five and 10 people, of diverse gender, age, and social status. These well-publicized initial community meetings also provided an opportunity to inform the community of project activities and initiate the process of community consultations.

4.3.2 Public Consultations

WAGP had conducted 35 formal stakeholder consultations in Nigeria as of December 2003. At these consultations, stakeholders were given a forum through which to provide their input on EIA-related concerns, issues, and other matters relating to the RAP. Of the 35 consultations held, the issue of land acquisition and compensation was a focus for discussion at 23 of these meetings. This clearly showed how sensitive the people were to the land acquisition component of the project, including procedures and compensation methods and levels.

In addition, 13 communities in and around the project area in Nigeria have been consulted more extensively. Chapter 7 provides a discussion and a summary table of individual consultations, minutes, and notes from a number of the consultations. These consultations involved both project-affected people and others.

4.3.3 Estate Survey

An independent Estate Survey and assessment was conducted in and around the project area, focusing specifically on the households whose land and other assets will be acquired by the project. The Estate Survey is a census of all 2,485 affected households and all their assets, including 2,578 land plots. The assessment was conducted in accordance with Nigerian land acquisition laws and regulations, the Oil Pipeline Acts of Nigeria, and all applicable legal norms. The Estate Survey determined exact land demarcations, access issues, ownership, community stakeholder issues, valuations, and assessments of property to be purchased. Chapter 6 of this report relies heavily upon the detailed information provided to quantify the amount and type of land impacted and the subsequent socioeconomic consequences of the proposed land acquisition.

4.3.4 Preliminary Qualitative Study in Support of the RAP

The ESIA Consulting and Citizens International team, with support from Estate Surveyors and the WAGP External Affairs representatives compiled the following types of information for the preparation of the draft RAP4:

• Full records of Environmental and Social Impact Assessment (ESIA) consultations with affected people focusing on land acquisition issues

• Community surveys portraying collective perceptions of project social and economic impacts on communities that will lose land and/or water resources to the project

• Relevant documentation, including legal research and policies/procedures on land acquisition and compensation methods, which will guide the land acquisition process

4 The team writing the RAP report did not participate in fieldwork. It relied on information made available by WAGP.

Page 84: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-6

• Complete census records of affected populations (owners and tenants of the land to be acquired)

• Social Impact Assessment (SIA) surveys covering a sample of households that either lose land to the project or have land almost adjacent to the pipeline and/or other project facilities requiring land acquisition

• Census of all affected assets completed by independent Estate Surveyors

• Valuation procedures and policies already in use within the oil and gas sector in Nigeria, and

• Minutes of meetings organized specifically for the RAP to inform the affected landowners and to announce cut-off dates

The RAP team, with assistance from WAGP External Affairs and ESIA’s in-country socioeconomic experts, traversed a portion of the pipeline route. Interviews were conducted with groups of PAPs, in addition to those listed above, in two communities (Itoki and Ijoko), as well as with local authorities and independent Estate Surveyors.

4.3.5 Secondary Sources

Additional information was obtained from existing regional data sources, including the National Population Census Figures of 1991, the Annual Abstract of Statistics of the Federal Office of Statistics (FOS), and the Lagos State Statistical Record. This report is also based on a review of existing data collected by the Nigerian Institute of Social and Economic Research (NISER), and additional national data collected from multilateral sources such as the World Bank, the United Nations, and the African Development Bank.

4.4 General Description of Project-Affected Communities As described in Chapter 2, the proposed pipeline route will start at the Alagbado “Tee,” near the town of Itoki, and continue 56 km to its terminus at the Lagos Beach Compressor Station at Ajido. An additional 2 km of the pipeline runs from the compressor station to the Atlantic coastline. The initial 4 km parallels an existing NNPC/NGC Ewekoro gas pipeline ROW, and the following 32 km of this route parallels an existing pipeline ROW owned and maintained by Shell Nigeria Gas Limited (SNGL). A number of small villages and areas of agricultural production are located along the 58 km onshore section of the proposed ROW that will be affected by the proposed project.

Approximately 22 percent of the pipeline ROW is expected to pass through swamps or wetland areas. The proposed pipeline will also cross roads, streams, and rivers.

A compressor station will be located at the terminus of the onshore pipeline at Badagry Beach. The permanent compressor station footprint, along with the adjacent, temporary construction area and a possible concrete batching facility, will be located on land currently cultivated for crops.

Page 85: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-7

The proposed pipeline routing, facility siting, and surveyed communities are all in the Lagos metropolitan area, in the western region of Nigeria.5 Administratively, the communities in and around the proposed ROW fall into two states: Ogun and Lagos States. Regardless of state-level jurisdictions, all the surveyed communities are considered to be within the Lagos metropolitan region. Table 4.4-1 lists the individual communities surveyed that will be affected by the pipeline project (as indicated by the Estate Survey), the state in which they are located, and the component of the proposed project located in or near the community. Ogun State borders Lagos State directly to the north and east. Some suburban communities in the area share borders with both Ogun and Lagos States.

5 States in Nigeria are grouped into six geopolitical zones based on linguistic affinity, contiguity, and cultural affiliations. The project area is in the southwest zone. The terms “western” and “southwestern” region are often used interchangeably to describe this region of Nigeria. The broad term “western region” is used in this section to refer to the region that encompasses Lagos, Ogun, Osun, Ondo, and Oyo States.

Page 86: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-8

Table 4.4-1 List of Surveyed Communities6

Community Project Component State Itoki Alagbado "Tee" Ogun

Ijoko Ota Pipeline ROW Ogun Alade Pipeline ROW Ogun

Owode Ijako Pipeline ROW Ogun Ijoko Ilemode Pipeline ROW Ogun

Ajibode Pipeline ROW Ogun Ewupe Pipeline ROW Ogun Igberen Pipeline ROW Ogun Egusi Pipeline ROW Ogun

Igboloye Pipeline ROW Ogun Arobieye Pipeline ROW Ogun

Abiola Pipeline ROW Ogun Itori Pipeline ROW Ogun

Oko-omi Pipeline ROW Ogun Araromi Pipeline ROW Ogun Igbesa Pipeline ROW Ogun

Ilogbo-Eremi Pipeline ROW Lagos Araromi-Ale Pipeline ROW Lagos

Ajido Compressor Station Lagos Agemowo Pipeline ROW Lagos

Imeke Pipeline ROW Lagos Source: Nigeria Population Commission (NPC, 1991)

The communities in Ogun State are in two distinct Local Government Areas (LGAs): Ado-Odo Otta and Ifo. Five of the surveyed communities are in Lagos State. All the communities in Lagos State are located in the Badagry LGA. Figure 4.3-1 illustrates the location of the project-affected communities in relation to the WAGP pipeline ROW.

6 This table shows those communities that would be directly affected by pipeline construction for which, social impact data exist.

Page 87: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-9

Figure 4.3-1: Nigeria Communities Map and Project Facilities

Page 88: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-10

As a result of the location of the surveyed communities within the Lagos metropolitan region, there is a high level of interaction between the communities and Lagos, the most populous city in Nigeria. These interactions and interchange of people, goods, and services, as well as information, have resulted in a high level of awareness within the surveyed communities not only about local issues, but also about regional and national issues, and a high degree of integration of the surveyed communities into the monetary economy of Lagos and Nigeria. The household and community surveys revealed that community members are very knowledgeable about the history of similar projects in other parts of Nigeria and the effects of these projects on nearby communities. They are also conscious of their rights, and have clear expectations of WAPCo.

As a result of their close proximity to Lagos, many residents in the surveyed communities are considerably more cosmopolitan than other rural communities and residents in Nigeria. This can be linked to the significant number of migrants in many surveyed communities. The surveyed communities enjoy higher average income levels and access to better infrastructure than many communities throughout Nigeria. Nevertheless, infrastructure and general development levels remain basic compared to industrialized standards, and are perceived as such by community members.

4.4.1 Population

Population density in the western region of Nigeria is higher than the national average of 139 persons per km2 in 1997. Lagos State, the country’s most commercial and industrial area, has the highest population density among states in the western region, greater than 400 persons per km2. Ogun State has the lowest population density, between 100 to 200 persons per km2.7 Table 4.4-2 shows the population densities of five of the six LGAs in and around the proposed pipeline ROW.

Table 4.4-2: Population in Local Government Jurisdiction Areas

LGA State Number of Households

Total Population

Population Density (km2)

Ado Odo/Ota* Ogun 59,305 234,647 107 Ifo* Ogun 55,878 215,055 --- Badagry* Lagos 27,819 119,267 270 Ifako/Ijaye Lagos 92,204 328,397 12,340 Alimosho Lagos 98,305 430,890 2,327 Ojo Lagos 53,129 213,837 1,352

Population information concerning the directly affected communities and the magnitude of household impacts has been provided in Chapter 1.

7 Source: UN Food and Agriculture Organization, 2003.

Page 89: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-11

4.4.2 Demographics

The population in most surveyed communities is comprised of relatively young individuals and married households. The heads of household in the surveyed communities have a mean age of 44 years. Most of them are married (71 percent), while 16 percent are single and 7 percent are widowed. In terms of gender, the LGAs where the surveyed communities are located, have an almost even distribution of men and women. The population is 51 percent male and 49 percent female in Badagry LGA, 50 percent male and 50 percent female in Ado-Odo-Ota LGA, and 51 percent male and 49 percent female in Ifo LGA. These figures closely mirror the national ratio of 50 percent male and 50 percent female.8

Migration into the western region, particularly to the Lagos metropolitan area, is common because the Lagos-Ota-Badagry axis is the leading industrial and commercial region of Nigeria, outside of the oil producing areas to the southeast. Due also to an extensive transportation infrastructure that connects the area with various communities in the southern region, the Lagos metropolitan area is very attractive to migrants and jobs seekers. Migration into this region has impacted the communities surrounding the pipeline, as people are increasingly using the areas as bases for commuting to urban areas for commerce and work.

Although most households in the surveyed communities are native to their respective community, there are no “indigenous” people, as defined by the World Bank, in the pipeline ROW. Furthermore, the number of migrants in many surveyed communities is relatively significant as indicated in Figure 4.4-1. Migrants typically come from communities in the southern region of the country.

The proportion of migrants in semi-urban and urban areas of surveyed affected communities is significantly higher than in the rural areas of communities in the vicinity of the pipeline. A higher portion of the directly affected populations is rural, and a smaller number of them are migrants. The project will impacts this rural population, although since the rural areas along the project ROW are not isolated and are relatively mobile and dynamic, social and psychological impacts of resettlement are unlikely to be as great as if they were isolated. In addition, directly affected households are well-grounded in their communities. Thus, they are likely to stay in the area after losing their assets.

8 ESIA Housing and Community Survey, 2003; World Bank Country Data Profile, 2002; CIA World Factbook, 2002.

Page 90: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-12

Figure 4.4-1: Migratory Status9

0

10

20

30

40

50

60

70

MigrantsNon-migrants

PAP Communities -

Rural

PAP - Rural

PAP - Urban

PAP Communities - Urban

Source: ESIA Household Survey. 2003.

4.4.3 Ethnic Groups

The Yoruba are the second largest ethnic group in Nigeria, comprising approximately 21 percent of the nation’s population (CIA World Factbook, 2002) and traditionally residing in the western region. The proposed pipeline will pass through sections of Nigeria where the Yorubas are the major ethnic group. Some non-Yoruba ethnic groups are also present in surveyed communities, but are in the minority. In general, 77 percent of the households in the survey area belong to the Yoruba ethnic group, while 13 percent are Eegun and 3 percent are Awori. The Eeguns and Aworis are culturally close to the Yorubas and are sometimes regarded as sub-ethnic groups of the Yorubas. Not only are most of the households Yoruba, the Yoruba language is the most widely spoken language in the surveyed communities, even among some minority ethnic groups. The ethnic and language composition suggests that the surveyed communities are quite homogenous from an ethnic standpoint and not heavily influenced by external cultures (Table 4.4-3). However, there is no significant difference between the directly affected households and

9 All the tables and graphs in this chapter use the following descriptions: “PAP” (project-affected people) refers to people/households who will be losing land to the project. “PAP communities” represent households that reside in communities that will be losing land to the project, but will not be affected themselves. “All” are all the households that live in communities that neighbor the project area but are not directly affected by land acquisition activities themselves.

Page 91: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-13

the others in terms of their ethnic origin, Procedures for land acquisition will apply across all ethnic groups.

Table 4.4-3: Ethnic Groups in the Surveyed Communities All Households

(percent) Non-PAP (%) PAP (%)

Yoruba 77 78 72 Eegun 14 14 20 Awori 3 3 4 Others 6 5 4 n 510 396 163

Source: ESIA Household Survey. 2003. * The differences in the percentages given in this table are statistically significant.

4.4.4 Household Structure and Size

The household structure of the Yoruba parallels the patriarchal leadership structure of most Nigerian ethnic groups. Men are typically the head of Nigerian households, and head approximately 73 percent of the households in the surveyed communities. The three different types of male-headed household structures are traditional (one husband and one spouse), polygamous, and single male (male with no spouse, including widowers and males that have never been married). Traditionally, the male is responsible for all the major household decisions.

Household sizes vary from region to region, and between male-headed and female-headed households. In addition to immediate family members, households also frequently include extended family and household labor. Based on data collected between 1985 and 1990, Nigeria’s average household size was 5.4 persons (United Nations STATS, 2003). There is no significant difference between rural and urban households, as household size is more influenced by tradition and cultural considerations. However, female-headed households typically are smaller households (FOS, 1998). The household size in the survey area also varies considerably depending on factors such as the age of the heads of household and whether the household is traditional, polygamous, or headed by a single adult. The average household size in the surveyed communities is five members, and ranges up to as large as 10 or more individuals.

4.4.5 Community Leadership and Governance

Although the traditional political and social systems vary in different parts of the Yoruba regions, each town usually has a leader (Oba), who achieves his position in one of the three following ways: inheritance, participation in title associations, or personal selection by an Oba already in power. A council of chiefs usually assists the Oba in his decisions. Title associations, such as the Ogboni, also play an important role in assigning and balancing power within the cities (University of Iowa, Department of History, March 1999). Supplementing the traditional governance structures are other civil society institutions that participate in some forms of governance. These systems also help identify the critical stakeholders, with whom consultations are normally held for development projects, including those such as WAGP that involve land acquisition and resettlement.

Page 92: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-14

In terms of conflict resolution and redress, most people in the western region depend on Courts of Law to resolve disputes. A significant number of people also use traditional councils. Other forms of governance include the meeting of parties and use of an independent arbitrator (NISER, 2002). These formal and informal institutions will also be included in the recourse mechanisms.

4.4.6 Historical and Cultural Resources

The following historical and cultural resources have been identified in the project ROW: six churches, 16 grave sites, three praying grounds, and 60 shrines (Table 1.2-4: Characteristics of Affected Plots). In addition, the survey area includes the homes and palaces of traditional rulers, as well as a shrine located approximately 50m from the proposed compression station site near Ajido. The homes and palaces range from simple to elaborate depending on the position of the associated leader in the Yoruba political hierarchy. The local traditional shrines in the area are maintained for historical and cultural purposes. They do not serve a religious purpose because most of the population adheres to Christian or Muslim beliefs.

WAPCo is now in the process of re-evaluating whether slight modifications of the pipeline corridor can avoid damage to churches, shrines, graves, and praying grounds. Every effort will be made to leave these cultural elements intact. Should this be impossible for any of these cultural elements, WAPCo will relocate these in close collaboration with the affected people and their communities either directly or through compensation.

4.4.7 Access to Infrastructure and Quality of Life

Residents in most surveyed communities have access to basic infrastructure, and services, including education and health care facilities. This is due to their proximity to the leading industrial axis in the country. The following subsections describe the availability of infrastructure and services in the surveyed communities.

4.4.7.1 Transportation

The residents of the surveyed communities are mobile. Most travel takes place on foot because the journey to work and other activities is largely by trekking. However, a number of public transport operators also provide train, taxi, and bus services between settlements in and adjacent to the proposed pipeline ROW and the major urban centers of Lagos, Ota, and Badagry. Motorcycle is another major means of transportation within the area. There is also some water transport in the Ajido area, the only river-oriented community along the proposed pipeline route.

About 27 percent of the schoolchildren in the surveyed communities cross the proposed pipeline route on their way to and from school. Members of 52 percent of the households cross the proposed pipeline route to fetch fuel wood. Other activities that would necessitate crossing the pipeline route include commuting to work (57 percent) and receiving health care (57 percent). Throughout the pipeline corridor, school- and work-related travel of the people will not be hindered; in rural areas the ROW will not be fenced, while in urban and semi-urban areas, where the ROW might be fenced, appropriate openings will be created to avoid inconvenience to children and workers.

Page 93: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-15

As indicated in the map below (Figure 4.4-2), the proposed pipeline will cross a number of tracks, roads, and rivers used for transportation purposes. Rivers that will be crossed include the Imede, Ogbe, Ore, and Owo Rivers. The proposed pipeline ROW will also cross the following three major highways: Otta-Akute, Otta-Idi-Iroko, and Lagos-Badagry highways. There is dense traffic on the Otta-Idi-Iroko and Lagos-Badagry routes since they link Nigeria to the neighboring Benin Republic. In all, the ROW will cross 32 roads, including 11 larger highways to be crossed using thrust boring and 21 smaller roads to be crossed using trenching techniques. The use of thrust boring technology will minimize impacts on traffic, since road closures will not be necessary during pipeline installation. Trenching across the smaller roads will require closure during the short construction time-frame to install the crossing. Alternate routes will be marked for traffic, and a normal traffic flow over the road should occur within a few days. Thus, the adverse impacts of road crossing will be avoided both through the use of specialized technology and by the temporary use of alternative routes (Chapter 2).

4.4.7.2 Telecommunications

Nigeria’s fixed telephone lines are generally regarded as inadequate (CIA World Factbook, 2002). Compared to urban residents, rural residents must travel longer distances to access a telephone facility (NISER, 2002). Despite a growing number of urban residents using mobile phones, most people in urban and rural areas in the western region do not have access to telephone facilities in their communities. Generally, public phones are not available in the surveyed communities. However, there are some communities where many residents use private phones. The project will have no impact on the telecommunication infrastructure.

4.4.7.3 Housing and Other Building Structures

As in other rural areas of Nigeria, there is a mix of traditional and modern house types in the surveyed communities. However, in most of the project-affected communities the modern house types, which have concrete walls and aluminum/corrugated iron-sheet roofs, predominate (ESIA Household and Community Survey, 2003; World Bank Country Data Profile, 2002; CIA World Factbook, 2002). A number of residential structures identified in the Real Estate Survey will be affected by the project activities (Table 1.2-4: Characteristics of Affected Plots). WAPCo has identified the owners of these structures and will provide compensation for the affected structures.

4.4.7.4 Community Amenities, Facilities, and Social Services

The limited community amenities, facilities, and social services available in the surveyed communities include community centers/town halls, entertainment halls, market places, and football fields. Less than half of the communities have a community center/town hall and only about 10 percent have entertainment halls. In about two-thirds of the communities, there are football fields, owned by educational institutions and available for community use. Additionally, one noteworthy tourist attraction is the Whispering Palm Resort, which is located in Iworo, several kilometers from the ROW.

Page 94: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 4-16

Figure 4.4-2 West African Gas Pipeline Equipment/Material Delivery Route

Page 95: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-17

Traditional, open-air markets are very important amenities for shopping and socializing. Both daily/permanent and periodic markets exist in the area. Thirty-three percent of the surveyed communities have daily/permanent markets, whereas 67 percent have periodic markets. These are not affected by the land acquisition activities of the project.

4.4.7.5 Education

Nigeria has an extensive primary, secondary, and tertiary educational system. There is an average of one primary school in each of the surveyed communities, whereas only eight surveyed communities have secondary schools (both junior and senior). There are no tertiary institutions in the surveyed communities.

Less than 20 percent of the adults in these communities have no education, an estimated 30 percent have primary education, 32 percent have secondary education, and about 15 percent have tertiary education. Among the affected populations, about 18 percent have no education, while 26 percent have a primary education, 36 percent have secondary education, and 16 percent have either a higher or a vocational education. The literacy rate is quite high in the surveyed communities, with approximately 86 percent of the population aged 15 and older able to read and write in English. Thus, given their high literacy rates, the affected populations understand issues pertaining to social and land acquisition impacts.

4.4.7.6 Land and Water Use

Agricultural activity is the major occupation of households living in affected communities; it is the most important economic activity for the directly affected households. The level of agricultural activity in directly affected households is higher than that in the community as a whole; about 72 percent of those engage in subsistence agriculture while 43 percent also have commercial crops on their land. As already indicated, fishing is not widely practiced in the area, and is a significant means of livelihood in only four of the surveyed villages (Ajido, Imeke, Iworo and Tori-Lovi). In Ajido, subsistence fishing and small-scale commercial fishing are practiced.

Agro forestry, consisting of cultivated and/or harvested hard and soft woods, would be affected. Community water resources will not be as greatly affected, and should still be accessible throughout the construction phase. Table 4.4-4 summarizes in detail the land use in the impacted areas.

Page 96: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-18

Figure 4.4-3: Land-Use Patterns in Surveyed Communities

0

10

20

30

40

50

60

70

80

All households Non-PAP PAP

Other uses

Small business

Commercial farming

Subsistence farming

perc

ent o

f hou

seho

lds

Note: Uses are not mutually exclusive; households use multiple lands for multiple purposes. Source: ESIA Household Survey, 2003.

Page 97: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-19

Table 4.4-4: Land Use Within Identified Land Parcels to be Acquired by WAPCo Land Use Number of Affected Land

Segments Total Area Lost to the Project

(m2) Agriculture 8,354 1,184,389 Agriculture-Softwood 1,001 84,987 Agriculture-Hardwood 305 49,368 Structure 217 62,487 Agriculture-Flowers 26 13,900 Agriculture-Medicine 5 Community Rights and Royal/Traditional Rights 48 Cultural Assets 85 3,860 Fish Pond 13 Fishing Stream 8 8,400 Water Tank 3 220 Water-Borehole/Well 35 1,780 Water-Pit Toilet 3 Water-Reservoir 5 1,290 Water-Septic Tank 7 Water-Soak-Away Pit 13 1,040 Water-Surface Reservoir 8 Wetland 8 2,302 Other 2 Total 10,194 1,437,272 Source: Nigeria Estate Survey, 2003. The household survey also indicates that most households cultivate their land, and that the directly affected households use their lands for subsistence farming, as well as commercial farming activities. The Estate Survey indicates intense agricultural activity on the affected lands. Access to land resources that would be affected by the project is thus crucial for the livelihood of the affected people.

4.4.7.7 Energy Consumption

In the surveyed communities the sources of energy include electricity, fuel wood/charcoal, and natural gas/LPG and petroleum products (e.g., kerosene). For most households, fuel wood/charcoal and petroleum products are the most affordable and reliable sources.

Different sources of energy are used for different domestic purposes in households, as Table 4.4-4 indicates. Petroleum products and electricity are the most commonly used for lighting, with LPG only used by 11 percent of the households. Finally, electricity is by far the most important source of energy for cooling (97 percent). Since petroleum products, electricity, and LPG are the most important sources of energy for cooking and lighting, the project will not impact the firewood needs of the affected population.

Page 98: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-20

Table 4.4-5

Distribution of Energy Sources by Domestic Use in Surveyed Communities

Source Cooking Lighting Cooling Petroleum Products (kerosene) 56 52 18 Freely collected firewood 40 - - Purchased firewood 19 11 - Electricity 30 51 97 LPG 30 11 - Charcoal 16 11 -

Source: ESIA Household Survey, 2003.

Note: Uses and sources are not mutually exclusive; households use multiple uses of energy.

Although the pipeline project is designed to deliver energy to Benin, Togo, and Ghana, it will not provide energy to the affected region in Nigeria. Thus, no direct impacts of the project on household energy use patterns will emerge.

4.5 Micro-economic Situation The economy in the surveyed communities is largely based on farming, trade and commerce, and professional services. The close proximity of most communities to the major commercial and industrial area in Nigeria also contributes to their economy. Although there is widespread poverty, the situation is better than in many other rural areas of Nigeria. Per capita income in the surveyed communities is higher than the national average, and many households own several modern consumer goods. However, household budgets are increasingly constrained by rising local prices, particularly of basic and high priority subsistence items.

4.5.1 Labor Force and Patterns of Work

There is a relatively high level of economic activity in the affected communities, although formal sources of employment are less common than self-employment in small-scale agricultural activities. Most directly affected households are engaged in agricultural employment. Approximately 75 percent of the population in the surveyed communities aged 14 and older is currently working, which is higher than the national labor force participation rate of 40 percent for individuals aged 15 to 64. Of those who are working, crop farming is the dominant occupation in the survey area, followed by trading/commerce and professional services. These three activities jointly account for more than half the occupational types undertaken by the working population (Figure 4.5-1). Unlike the situation in the rest of the broader southwestern region, fishing is not very important in the surveyed communities overall, with only about 4 percent of people of working age engaged in this activity. The household survey in the affected communities indicates that even though 30 percent of the people at large in these communities are engaged in agriculture, a disproportionately high 44 percent among those households likely to be directly affected by the project is engaged in agricultural activities. Thus, land-based impacts on the directly affected households are likely to be more significant. The services sector

Page 99: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-21

Figure 4.5-1: Employment in the Surveyed Communities (ages 14 and over)

0 10 20 30 40 50

Other

Services

Industry

Agriculture

PAPNon-PAPAll Households

percent of households

This figure represents the individuals in each group, not the households. Source: ESIA Household Survey, 2003.

is often linked to the processing and trade of farm products. The household survey does not provide information regarding child labor in the surveyed communities. There is sufficient evidence at the national level, however, to suggest that children are probably economically active in the communities adjacent to the project site. The World Bank estimated that 24 percent of the children aged 10 to 14 were part of the nation’s labor force (World Bank EDSTATS, 2002).

Self-employment is the largest single employment category (43 percent) of those who are currently working (aged 14 and older), with the public sector accounting for the second largest source of employment (24 percent). This high level of self-employment is common in Nigeria, since people tend to prefer self-employment to working in the public service sector or for another person. In addition, self-employment is perceived as being more lucrative than other types of employment (Figure 4.5-2). Most individuals in the directly affected households describe themselves as self-employed. This suggests that the affected households are dependent on their own labor and their own land, and that they would be vulnerable to reduced access to the agricultural land.

Page 100: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-22

Figure 4.5-2: Employer Characteristics in the Surveyed Communities (ages 14 and over)

0

10

20

30

40

50

60

Other Military Privatesector

Publicsector

Self-employed

Non-PAPPAP

perc

ent o

f ind

ivid

uals

This Table represents the individuals in each group, not the households. Source: ESIA Household Survey, 2003.

4.5.1.1 Agriculture and Fishing

Crop Farming

Agricultural activity, and especially crop farming, is the most important economic activity for households in affected communities. An estimated 27 percent of the population in the surveyed communities in and around the proposed ROW is engaged in crop farming. There is agricultural production in the cleared areas along the first 36km of the proposed pipeline route, adjacent to the existing SNGL ROWs. Table 4.4-5 indicates the percentage of farming households. The main crops cultivated in the area are the same as those found in southwestern Nigeria, and they are grown for both subsistence and small-scale commercial purposes. Cassava is the most common crop (57 percent) closely followed by maize (56 percent). Other important crops cultivated are plantain (31 percent), yam (28 percent), cocoyam (26 percent), and oil palm (23 percent). Table 4.5-1 also illustrates that directly affected households are more reliant on cassava and maize crops while the households in affected communities in general grow more diversified crops.

Page 101: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-23

Table 4.5-1: Major Crops Raised by Households All households

(percent) Non-PAP (%) PAP (%)

Cassava 57 55 73 Maize 56 52 69 Plantain 31 28 41 Palm oil 22 20 36 Cocoyam 26 23 35 Yams 28 24 32 Beans 14 13 21 Cocoa 7 6 12 Groundnuts 7 6 10 n 510 396 163 Note: Households use multiple lands for multiple purposes. Source: ESIA Household Survey, 2003.

Livestock Farming

Livestock farming is not necessarily considered an occupation for the respondents in surveyed communities; nonetheless, a significant number of them keep livestock. For those who are engaged in this activity, chickens are the most important livestock kept (68 percent). The most common animals kept are goats (44 percent), pigs (19 percent) and sheep (16 percent). Cattle rearing does not feature prominently in the area (8 percent) (Table 4.5-2). Households directly affected are slightly more dependent on their livestock; about 72 percent of them have chickens and 48 percent have goats.

Table 4.5-2: Livestock Ownership Non-PAP (percent) PAP (percent) Percent

with livestock

Average number owned

Percent with livestock

Average number owned

Cattle 7 20 11 48 Chicken/poultry 68 19 72 20 Ducks 15 11 19 9 Goats 40 8 48 9 Pigs 17 8 21 10 Rabbits 6 3 6 4 Sheep 14 8 16 14 Others 3 4 2 9 n 396 163

Note: Uses are not mutually exclusive; households use multiple lands for multiple purposes. Source: ESIA Household Survey, 2003.

Page 102: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-24

4.5.1.2 Fishing

There is substantial fish production in Nigeria that consists of local, small-scale subsistence activity and takes place along the coastal waters and inland fresh waterways (NigeriaBusinessInfo.com, 2000-2001). There are also commercial fishing activities in the Niger Delta and offshore Lagos. However, since local producers are unable to meet the high demands for fish consumption, approximately 50 percent of all of the fish consumed in Nigeria are imported (NigeriaBusinessInfo.com, 2000-2001).

For the limited fishing that takes place in the survey area, specifically in Ajido, Imeke, Aworo, and Toriluvi, the activity is very rudimentary in terms of the methods that are used (Table 4.5-3). These include the use of throw-nets (32 percent), hook lines (24 percent), and net-traps (18 percent). The vessels used for fishing are mostly artisan canoe (69 percent) and locally built trawlers (10 percent). Fishing is conducted year-round, and the amount of catch is usually more during the dry season. Most of the fishing is by men, although women participate in fishing when it involves the use of hook lines, net trap, and hand lines. The processing and selling of fish is almost exclusively undertaken by women. Among the directly affected households, only 12 percent among the surveyed engage in fishing.

The environmental assessment found that impacts to rivers and other surface water bodies will be temporary and localized. There will be no permanent impacts. The SIA survey data indicate that few of the affected households fish in or derive livelihoods from the rivers or wetlands along the pipeline ROW. The socioeconomic impact associated with pipeline installation across surface water bodies is therefore deemed negligible. The single exception is Badagry Creek, the estuarine creek/lagoon near the coast. If the open cut method of crossing is used, some potential permanent impact is expected in that area, to a small amount of habitat on the shores of that creek, a consequent (but low) impact to fisheries. People do fish in Badagry Creek, so there could be a socioeconomic impact associated with any appreciable decline in fish populations in the creek.

Table 4.5-3: Fishing Methods Within Surveyed Communities

Method Percent of Fishermen Throw Nets 31.5 Hook Lines 23.6 Net Traps 18.0 Trawling Parallel to Shore 5.6 Trawling Perpendicular to Shore 4.5 Hand Lines 3.3 Seine Nets 2.3 Does Not Know/Information Not Available 12.4

Source: ESIA Household Survey, 2003

Page 103: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-25

4.5.1.3 Trade

Trade and commerce is an important economic activity for a sizeable percent of the working population in the surveyed communities. Petty trading is the most significant type and entails the selling of mostly lower value goods. Both men and women participate in the stationary type of petty trading, while women predominate in itinerant petty trading.

4.5.1.4 Industry – Mining and Manufacturing

Although the nearby Lagos-Ota-Badagry axis is the leading industrial region and commercial cluster of Nigeria, modern industry and manufacturing are not a major source of employment for the inhabitants of the surveyed communities. As Table 4.5-1 shows, less than 1 percent of the population works in the manufacturing sector.

4.5.1.5 Government

The surveyed communities straddle two states and three LGAs. The government employs an estimated 24 percent of the working population in the surveyed communities. Some of these include young adults who are participating in the country’s mandatory national Youth Service.

4.5.2 Household Income and Expenditures

4.5.2.1 Household Income

The number of income earners in the surveyed communities ranges from one per household to over six per household as shown in Figure 4.5-3. The majority of the households in affected communities (67 percent) are dependent on one or two income earners. However, among the directly affected households, the percentage of families dependent on one or two incomes is significantly higher (84 percent) than the rest, underscoring their higher vulnerability.

The average annual income per capita for residents in the surveyed communities is N162, 229, which is considerably higher than the national average of about N40, 000 (US$300).10 The higher income levels in the surveyed communities are understandable given the fact that income levels are much higher in the Lagos metropolitan region than the rest of the country (though it should be noted that the Lagos region also has a relatively higher cost of living). Figure 4.5-4 and Table 4.5-4 present the household income profile in the surveyed communities. The household incomes range from under N100, 000 to over N3 million per annum. However, the bulk of households’ income (59 percent) is under N200, 000 per annum. The income figures in the following table refer to the aggregate income earned by all income earners in individual households. It is a common occurrence in household surveys that many households underestimate their income levels, and they rarely report all income sources accurately. Therefore, Figure 4.5-4 and Table 4.5-4 should be regarded as an indicator of income distributions, and not necessarily as an accurate reporting of all income sources in the area that the affected people depend on. Even then, it is obvious that agricultural activity is the most important activity in the affected communities as well as among the households that are likely to 10 Not everybody surveyed answered the income questions. As a result, 247 of the respondents were in the affected communities. The exchange rate is calculated at $1 = N133.3.

Page 104: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-26

Figure 4.5-3: Income Earners in Household

0 10 20 30 40 50

All households

Non-PAP

PAP

1 person2 people3 peopleMore than 4 people

percent of households

Source: ESIA Household and Community Surveys, 2003.

Page 105: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-27

Figure 4.5-4 Reported Sources of Household Income in Affected Communities

0

5

10

15

20

25

30

35

Livesto

ckCrops

Fishing

Commerce

Services

Labor

Professional se

rvices

Non-PAPPAP

perc

ent o

f hou

seho

lds

Source: ESIA Household Survey, 2003.

Page 106: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-28

Table 4.5-4: Sources of Annual Income in Affected Communities (USD) Non-PAP (percent) PAP (percent) Percent of

income Average annual

income from source (USD)

Percent of income

Average annual income from source (USD)

Livestock farming 10 460 14 465 Crop farming 28 688 34 778 Fishing 9 546 14 571 Trade and commerce 15 1,315 17 1,813 Services* 8 913 4 1,023 Worker / laborer* 11 953 8 620 Professional services*** 20 1,017 10 1,326 Total annual reported household income (USD)

2,690 2,698

n 247 125 * Includes carpentry, tailoring, mechanics, driving and delivery services. ** Includes construction and manufacturing workers, as well as domestic workers. *** Includes administrative positions, health care professionals, and professional service providers such as accountants and engineers. Source: ESIA Household Survey, 2003.

be directly affected by the project, even though the average income obtained from activities such as trade or providing professional services is higher. The total reported household incomes of affected households and communities in general are almost the same.

Table 4.5-5 illustrates that there is not a very significant difference between the annual incomes of households in the affected communities and the annual incomes of those who are likely to be directly affected. In both cases, those who reported earning less than the equivalent of US$750 constitute slightly more than 30 percent, while the rest of the distribution also looks similar.

Table 4.5-5: Distribution of Annual Household Income in Surveyed Communities

Non-PAP (percent) PAP (percent) Less than USD 750 36 32 Between USD 750-1,500 23 22 Between USD 1,500 – 3,000 17 21 Between USD 3,000 – 5,000 9 10 More than USD 5,000 14 15 N 211 100

Source: ESIA Household Survey, 2003.

Page 107: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-29

4.5.2.2 Household Expenditures and Consumption

In the surveyed communities (PAP and project area-wide), food is the largest single expenditure item. As Table 4.5-6 indicates, food accounts for 20 percent of monthly household expenditure in the survey communities, which is almost double that of the second most important household expenditure item, education (11). Some essential services are not in the top brackets of household monthly expenditures, such as healthcare, which accounts for only 4 percent (perhaps because many people self-medicate), as well as energy (5 percent) and transportation (5 percent). Figure 4.5-5 shows a comparison of household expenses for directly affected households and the community as a whole. Expenditures are higher for directly affected households due to the higher level of income among directly affected persons.

The breakdown of household income expenditures (Table 4.5-6) is consistent with qualitative information on household spending priorities expressed by heads of households. Food was listed by heads of households as the most important spending priority, while entertainment was considered the least important priority in the surveyed communities. Here, it appears that the average monthly expenses of directly affected families are somewhat higher than the overall monthly expenses, although the portion that they spend on most items are similar between communities in general and directly affected households in particular. In this survey, as can be seen in most household surveys, there is a large discrepancy between the reported monthly household income levels (about $224 equivalent) and monthly household expenditures ($294 and $361 equivalent for communities and directly affected households, respectively). As an indicator of household income levels, the reported expenditures are more reliable than the reported incomes.11

11 It would be important to calculate the share of self-consumption in total reported income and total expenses. Unfortunately, the household survey was not designed to collect specific data on self-consumption.

Page 108: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-30

Table 4.5-6: Household Expenses in Affected Communities Non-PAP (percent) PAP (percent) Percent of total

expenses* Average monthly

household expense (USD)*

Percent of total expenses

Average monthly

household expense (USD)

Food 34 87 35 102 Housing and maintenance

19 67 18 91

Clothing 9 24 8 26 Education and health 19 53 20 69 Transport 9 25 8 23 Garden and home-business

10 44 11 64

Entertainment 6 18 7 24 Remittances 8 22 7 24 Other 10 8 - - Overall - 294 361 n 252 125

* The total of these averages will add up to more than the overall total expenses since not every household has every expense, and thus the sample size is slightly different for each expense item. Source: ESIA Household Survey, 2003.

Page 109: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-31

Figure 4.5-5: Household Expense Comparison – Directly Affected Households and Communities

0 20 40 60 80 100 120

Other

Transport

Entertainment

Remittances

Clothing

Garden and home-business

Education and health

Housing and maintenance

Food

PAPNon-PAP

monthly household expense (USD)

Source: ESIA Household Survey, 2003.

Figures 4.5-6 and 4.5-7 illustrate that access to land for agriculture is a major determinant of better incomes in the project areas, especially the directly affected households. Indeed, directly affected households rely heavily on agriculture. As a result of the close correlation shown in Figure 4.5-7 between total size of landholdings of families and their total income, land is a crucial contributor to livelihoods.

Page 110: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-32

Figure 4.5-6 Reliance on Agriculture and Monthly Incomes*

Has agricultural

income

Does not have

agricultural income

USD 385/month

USD 361/month

Directly affected households rely more heavily on agriculture and have significantly higher monthly incomes

Has agricultural

income

Does not have

agricultural income

Those not directly affected by the project are less dependent onagriculture and their overall income levels are also lower

USD 339/month

USD 269/month

*In this graph, aggregate expenditure values are substituted as an indicator of income. Source: ESIA Household Survey, 2003.

It is interesting to note that the incremental contribution that non-agricultural incomes make in total household income is significantly higher than the income generated through incremental land except for those who already have large holdings. Therefore, the potential offered by short term employment in the project will make an important difference in the livelihoods of affected communities. In addition, project efforts incorporated within the planned Community Development programs to create capacity for non-agricultural skills will also improve livelihoods.

Page 111: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-33

Figure 4.5-7: Relationship between Land Size and Household Incomes12

0

1000

2000

3000

4000

5000

6000

1000

1000

1000

4050

3000

3000

030

0030

0030

00015

000

2700

5000

5000

4000

4000

0010

0010

00038

00050

000

Monthly householdincome (USD)

land owned by the household (square meter)

mon

thly

hou

seho

ld in

com

e (U

SD

)

Source: ESIA Household Survey, 2003.

The relatively higher income in the Lagos area compared to the nation as a whole is reflected in the items purchased and owned by households surveyed (Figure 4.5-8). For instance about 46 percent of the households surveyed own refrigerators/ice-boxes, while 25 percent own cars. For radio ownership the figure is 90 percent while television ownership is 69 percent. These are much higher than the national averages, which are 20 percent for radio and 7 percent for television (World Bank Development Indicators, 2001). The survey also indicated that the ownership of transport assets such as cars and bicycles is slightly lower among the directly affected households as compared to the rest of the population, but the level of discrepancy is not large enough to disadvantage them (Figure 4.5-8). In other words, should the directly affected households opt to obtain land elsewhere or relocate their homes, they will not be disadvantaged in comparison with other members of their communities.

12 The numbers in this figure are calculated from the household survey question on total family land holdings. The data was not available for all households. In some cases, the household answered by indicating that they have one plot, but did not indicate the size of the plot. Based on external information, the average size of a plot is assumed to be about 1,350 m2 in the affected areas.

Page 112: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-34

Figure 4.5-8: Household Asset Ownership (% of households)

0

10

20

30

40

50

60

70

80

90

100

Radio TV Bicycle Car

All HouseholdsNon-PAPPAP

perc

ent o

f hou

seho

lds

with

ass

e

Source: ESIA Household Survey, 2003.

A survey conducted by the FOS indicated that the poverty rate in Nigeria increased from 43 percent to 56 percent between 1985 and 1996.13 The incidence of poverty in the western region is below the national average at 51 percent. Among the western region states, Osun State has the highest poverty rate, at 60 percent, followed by Ondo (60 percent), Ogun (55 percent), Lagos (37 percent), and Oyo (35 percent). There was a higher incidence of poverty in rural areas than in urban areas and female-headed households tend to have a lower incidence of poverty than male-headed households (FOS, 1998).

The PAPs lose a small share of their entire land holdings to the project. Figure 4.5-9 illustrates the average area of the total amount of land owned by households in the affected communities. The average household land ownership across communities is about 13,740 m2. According to the estate survey findings, only about 4-6 percent of this land will be lost to the project. A 6 percent loss in land implies a far smaller percentage of loss in total family incomes since, despite the importance of agriculture, the income losses due land will be less than 2 percent. Moreover, not all land lost is agricultural and a large portion of agricultural land is left fallow. The high cash compensation that is negotiated for land acquisition will amply restore reduced incomes, whether the PAPs use their compensation to buy additional land and/or improve their production techniques.

13 The FOS (1998) disaggregated a sampling of Nigeria’s population into deciles using real per capita expenditure as a proxy for standard of living and the indicator/measurement for defining poverty.

Page 113: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-35

Figure 4.5-9: Average Area of Land Owned by Households in Affected Communities*

0 5000 10000 15000 20000 25000

Aradagun

Ajibode

Arobieye

Ewupe

Itori

Iworo

Ilogbo Eremi

Ijoko

Igbesa

Imeke/Agemowo Community

Okoomi

Itoki

Igboloye

Ajido

average size of land owned by households (square meters)

* Only those communities for which data exists are included in this graph. Source: ESIA Household Survey, 2003.

4.5.2.3 Local Prices

Between 2000 and 2001, the national inflation rate was 15 percent (CIA World Factbook, 2002). Generally speaking, in the surveyed communities prices of most consumables have increased over the last year. The prices of staple food items exemplify this trend. For instance, on average, a bag of rice that sold for about N3000 in 2002 is more than N4000 now. The respective prices for a standard measure (kongo) of beans are N80 and N110. In the case of a standard measure of Gari (cassava flour), the respective prices are N50 and N80 (ESIA Household and Community Survey, 2003).

4.6 Land Tenure, Ownership and Tenancy The WAGP project will affect a number of people in the project footprint, in several ways. Owners of land and homes may lose some or all of their property, renters may be without places to farm or live, and the construction and the ROW corridor that will be maintained may disturb the community and some of its infrastructure. Property loss of any type will be compensated, economic losses due to loss of land for farming and grazing activities will be taken into account,

Page 114: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-36

and WAPCo will undertake measures to restore lost income. Impacts due to land take and mitigation measures are more thoroughly discussed in Chapters 6.

4.6.1 Land Tenure and Residential Ownership

The land tenure system in Nigeria varies by ethnic group, community, and state. Generally it is more communal in northern Nigerian states and more individual/private and family-based in the southwestern and southeastern parts of the country. In the surveyed communities, land tenure takes on the latter form. However, traditional authorities have some supervisory and distribution roles. The community meetings carried out during the survey support this view. For instance at Ajido, it was stated that:

Children will inherit land from their fathers. But if somebody wants to sell any parcel of land, the consent of the Oba of the town must be sought and obtained before such transactions are carried out. Women in the community also can inherit land.

In Igbesa, it was also observed that:

The land tenure system in this community is customary in which families own land. Each family has a chief as the Head who holds supervisory authority on the family land on behalf of other members of the family.

Finally, in Itoki, both private ownership and supervisory control by traditional institutions are also evident. Here it was noted that:

We all bought land here. We are from various places like Abeokuta, Ota, etc. We bought our lands from the indigenes. The Baale has control over some land but individuals who bought their land have control over such land.

The following findings from the household survey on ownership of land around dwellings are consistent with the observations above, and further substantiate the notion that individual ownership is the most common form of land ownership (Table 4.6-1).

Page 115: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-37

Table 4.6-1:

Land and/or Water Ownership in Surveyed Communities Ownership % of Households

Owner/Member of Household 41 Community 16 Landlord and Rent Not Paid 13 Rented from Another landlord 8 Landlord and Rent Paid separately 6 Public/Government 2 Others 2 Does Not Know/Information Not Available 12

Source: ESIA Household Survey, 2003.

In terms of household ownership, the survey shows that owning property is more common than renting in the surveyed communities, a finding that is consistent with many other rural areas. As Figure 4.6-1 indicates, of all households in the surveyed communities, owners constitute about 51 percent of the population, while renters constitute almost 30 percent. This high level of ownership may be due to the prevalence of traditional practices in these areas, which, as a matter of custom, allocate land to individual families in order for them to build on. Renting is more widespread in the urbanized areas of Nigeria, where the traditional, family-based structure is less common and available land is scarce. In the surveyed communities, the average number of rooms per dwelling is about five and roughly 47 percent of the dwellings are shared (ESIA household and Community Survey, 2003). There is not a significant difference between the directly affected households and other households in affected communities with respect to home ownership levels, although the affected households live in slightly bigger houses, as identified by the number of rooms that they have in their homes.

It should be noted that land ownership in Nigeria is officially regulated by the Land Use Act of 1990 and that land owners do not necessarily “own” land in the Western sense. The law vests ownership of all land within a state (except those belonging to the Federal Government) in the Governor of the state who holds land in trust for the people. The Governor is responsible for allocating for residential, commercial, and agricultural purposes in accordance with the law. Land located in rural areas is under the control of local government authorities (Federal Government of Nigeria, 2003).14

14 Plots identified in the Estate Survey have unique, identified owners. The Estate Survey did not identify any absentee owners among the affected plots.

Page 116: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-38

Figure 4.6-1: Home Ownership Status and Number of Rooms in Homes

0 10 20 30 40 50 60

Other

Occupy without rent

Rent

Own

PAPNon-PAPAll Households

percent of households

5.5 rooms

3 rooms

3.8 rooms

7 rooms

5.2 rooms

3.7 rooms

4 rooms

Source: ESIA Household Survey, 2003.

4.6.2 Project Affected Lands

Table 1.2-1 in Chapter 1 shows the breakdown of the land to be taken for the project and the likely number of people that will be affected.

4.7 Agricultural Activities

4.7.1 Tree Cover on Affected Lands

Over 10,000 land segments15 that are clustered within about 2,578 plots were identified and enumerated within the project affected area. Each land segment contained different crops, trees or structures. Table 4.7-1 lists the predominant trees present, either cultivated for commercial harvest or simply available to the landowner/tenant for self-consumption. Each tree was carefully recorded, its size and age noted, to ensure that affected households are fully compensated (Chapter 5 provides greater detail on asset inventory procedures used by the project).

15 The reader is reminded that ‘plots’ are divided into lands with distinct crop characteristics. Often, an affected plot contains 4 such land segments. The reason for the appearance of large number of land segments merely indicates the sensitivity shown by the Estate Surveyors to detailed analyses of impacts and precise valuation approaches. ‘Land segments’ are analytical entities and do not refer to plots registered as such.

Page 117: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-39

Table 4.7-1: Trees Grown on Affected Lands

Commercial Trees Softwoods

Agbono Avocado Pear Banana Bitter Kola Breadfruit Cashew Cocoa Coconut Grape Fruit Guava Mahogany Iroko Obeche Indian Bamboo Kolanut Lime Locust Bean Tree Mat Plant Native Mango Oil Bean Tree Oil Palm Tree Plantation Type Orange Pawpaw Pear Plantain Raffia palm Silk cotton

Sour Supp Star Apple Tangerine Walnut Staking Stick

Source: Nigeria Estate Survey, 2003

4.7.2 Crops Grown on Affected Lands

With the same sensitivity that was shown for trees, crops were identified and enumerated for each of the affected land segments. Table 4.7-2 lists the predominant crops grown. The crop diversity is substantial with both subsistence and cash crops grown by affected landowners and tenants.

Page 118: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-40

Table 4.7-2: Crops Grown on Affected Lands

Commercial Crops

Alligator Pepper Beans (creepers and standing) Bitter / aerial / regular yam Bitter leaf Cassava Cococyam Coffee Garden egg Ginger Groundnut Lemon grass Maize Melon Okro Onions Pepper Pineapple Sugarcane Sweet potato Tomatoes Vegetables

Source: Nigeria Estate Survey, 2003

4.7.3 Inter-cropping

The Estate Survey did not come across the practice of inter-cropping in the affected areas, and it is not practiced in other regions of Nigeria. Thus, it is not expected that the project will have an impact on affected plots through an impact on inter-cropping.

4.7.4 Issues involved in measurement of produce value

The Nigeria Oil Producers Trade Section (OPTS) 1998 rate has been used to calculate the current produce value, with negotiators offering 50-75% more than the 1998 rate to allow for inflation and to address the relative maturity of crops.

Further details on the general principles of compensation are provided in Chapter 5.

4.7.5 Issues involved in re-instating cropping patterns

There are no plans for re-instatement of crops. Future farming of crops will be precluded from the WAGP acquired ROW and footprint.

Page 119: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-41

4.8 Use of Communal Land and Resources

4.8.1 Pastures and grazing lands

The Estate Survey did not differentiate between agricultural land and grazing lands, although the household survey found a small number of affected households practicing livestock raising; mostly raising poultry. It is not expected that the project will have an impact on livestock grazing.

4.8.2 Water resources (rivers, streams, lakes)

The Estate Surveys identified natural water bodies and water infrastructure or utilities (e.g., septic tanks) on the affected lands. Water resources on a total of 104 parcels would be affected and are itemized by type in Table 4.4-4. Some of these uses may be reinstated following WAGP construction, subject to negotiations with the land and/or asset owner.

4.8.3 Irrigation Schemes

There are no developed irrigation systems on the agricultural lands in the project-affected area due to the large amounts of rainfall the area receives. There may be small-scale owner-built drainage systems. If these exist, care will be taken not to disrupt these systems, or they will be replaced if necessary.

4.9 Vulnerable Groups This section discusses specific “vulnerabilities” that may arise in the context of expropriation. For instance, women’s ownership or tenancy rights may be denied during project activities due to lack of registration. The household survey and the Estate Survey examined possible sources of vulnerability.

The analysis indicates that women are not likely to be systematically disadvantaged due to project activities. Figure 4.9-1 and Table 4.9-1 illustrate that among the landowners, women constitute about 23 percent of the total, and that they lose less land than male landowners, on average. Gender-based discrimination against women is unlikely in the project areas; expropriation procedures are likely to affect male owners more adversely. Male landowners, on average, lose twice as much land as female owners.

Page 120: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-42

Figure 4.9-1: Loss of Land among Affected Landowners

Male landowners

Female landowners

Average Loss: 921 m2

Average Loss: 433 m2

Source: Nigeria Estate Survey. 2003.

Page 121: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-43

Table 4.9-1: Gender of Landowners

Male landowners Female landowners

Number of landowners

Average amount of land lost (m2)

Number of landowners

Average amount of land lost (m2)

Ajibode 5 1,290 - - Ajido 33 2,637 1 495 Alade 21 1,374 5 622 Araromi Ale 10 1,815 1 1,250 Arobieye 22 1,587 1 1,125 Egushi Benja 22 985 1 1,512 Etere 2 5,625 - Ewupe 10 4,342 1 2,500 Idagha Iyeshi 7 1,318 6 400 Igangbo Igbereb 9 1,978 1 1,750 Igbesa 627 302 246 203 Igboloye 48 1,214 2 912 Ijako 2 4,438 - Ijaliye 3 4,979 2 450 Ijoko 128 552 28 508 Ilogbo Eremi 19 4,673 2 5,912 Imeke/Agemowo 27 3,086 2 2,675 Isorosi 3 2,125 1 400 Itoki 49 452 13 429 Okoomi 84 776 14 2,086 Oloya/Abiola 3 14,442 1 2,000 Owode 11 1,243 6 496 Itori 14 806 7 507 Overall 1,159 815 341 415 Source: Nigeria Estate Survey, 2003.

An examination of tenancy arrangements on land also indicates that about 17 percent of the tenants (as opposed to 23 percent of the owners) are female and that these are concentrated in Igbesa, Igboloye, and Okomi communities (Table 4.9-2).

Page 122: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-44

Table 4.9-2: Gender Distribution of Tenants on Affected Land

Male Tenants (number)

Female Tenants (number)

Ajibode - - Ajido 4 - Alade 5 - Araromi Ale 19 2 Arobieye 8 - Egushi Benja 4 - Etere 10 - Ewupe 15 4 Idagha Iyeshi 17 - Igangbo Igbereb 14 2 Igbesa 211 62 Igboloye 61 30 Ijako 1 - Ijaliye 7 - Ijoko 15 Ilogbo Eremi 59 2 Imeke/Agemowo 9 - Isorosi 1 - Itoki 19 2 Okoomi 106 27 Oloya/Abiola 89 7 Owode 3 - Itori 14 6 Overall 691 144

Source: Nigeria Estate Survey, 2003.

Figure 4.9-2 shows the ratio of men/women landowners in various communities. Interestingly, there are major differences among communities in this respect. In Igboloye, affected owners are disproportionately men, while in some other communities such as Idagha Iyeshi, female ownership of affected plots is more widespread. These results call the attention of resettlement staff of WAGP to the gender dimensions that may be involved in the project.

Page 123: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-45

Figure 4.9- 2: Gender Distribution of Affected Landowners*

0 20 40 60 80 100 120

Idagha Iyeshi

Ijaliye

Owode

Itori

Igbesa

Itoki

Alade

Ijoko

Okoomi

Ilogbo Eremi

Imeke/Agemowo

Igboloye

FemaleMale

percent of affected landowners

com

mun

ities

*This chart only includes communities in which there is more than one affected female landowner. Source: Nigeria Estate Survey, 2003.

In the project affected areas, a systematic discrimination is also not indicated by age of the land owner or the tenant. Figures 4.9-3 and 4.9-4 show the age distribution of land owners and tenants in the affected areas. It appears that in Okoomi, a higher percentage of the tenants are younger than 55. In Itoki, Ilogbo and Itori the older age populations are overrepresented among both the tenants and the landowners. Interestingly, the elderly constitute the majority of the affected owners in Ilogbo, Itori and Igangbo. However, these findings do not necessarily point to age related vulnerability among the affected populations in some areas.

Page 124: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-46

Figure 4.9-3: Age of Affected Tenants* (% of tenants within each community)

0 20 40 60 80 100

Itori

Imeke/Agemowo

Ilogbo Eremi

Itoki

Oloya/Abiola

Araromi Ale

Igboloye

Ewupe

Igbesa

Igangbo Igbereb

Okoomi

Tenants older than 55Tenants younger than 55

percent of affected tenants

com

mun

ities

*This chart only includes communities in which there are more than three affected tenants older than 55. Source: Nigeria Estate Survey, 2003.

Page 125: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-47

Figure 4.9-4: Age of Landowners*

0 20 40 60 80 100

Igangbo Igbereb

Itori

Ilogbo Eremi

Egushi Benja

Imeke/Agemowo

Arobieye

Alade

Ajido

Itoki

Okoomi

Igbesa

Ijoko

Igboloye

Older than 55Younger than 55

percent of affected landowners

com

mun

ities

*This chart only includes communities in which there are more than four affected tenants older than 55. Source: Nigeria Estate Survey, 2003.

4.10 Attitudes toward the Project

4.10.1 Perceptions of impacts of the project for local residents

The general population in the greater Lagos area has a positive outlook on the WAGP project. Overall, the perceived greatest benefit will be to individuals who will be compensated for lost land or other property. Additionally, the population sees additional benefits to industry resulting from the natural gas pipeline.

The household survey answers confirmed that overall, local residents have a positive perception of the potential impacts of the project. In many communities, increased employment expectations due to construction activities are prevalent. In addition, the construction phase is expected to have an overall positive benefit on the social environment of the communities through increased opportunities to earn income, such as increased commercial activity during construction.

At the same time, there are concerns among the affected households. Some worry about the loss of fishing grounds while some voice concerns over limits to agriculture in their areas. Residents expect that there will be migration to their communities during the construction phase, although this is welcomed since it is expected that it will also bring innovations. They are somewhat worried that after the construction phase is over, they will no longer receive benefits from the pipeline operations, especially due to the potential decrease in available jobs. Some worry that

Page 126: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-48

during construction, environment and agricultural opportunities will decline and will not be restored fully after the construction is finished, and thus, they will be worse off than they were before the project.

4.10.2 Perception of Project Impacts on Communities

Overall, the household survey results indicate that there is a positive outlook among people on the community impacts of the project. People think that increased employment, especially among young people, will not only benefit household members but will also benefit the communities as a whole through strengthening social capital. They expect an influx of more people into their communities, which is welcomed. Most worries about community effects focus on trust issues, such as not trusting the project to pay a fair value for expropriated land, or not trusting it to restore the land used during construction to its original state.

An increase in local employment is expected, although there are concerns that most employees will be brought from the outside, and thus, the benefits of the construction will go solely to outsiders while the communities will have to bear the costs and inconveniences during the operational period. There is an expectation that this can be somewhat ameliorated through increased commercial activity although people state that they worry about the unknown factors.

4.10.3 Community Suggestions to Mitigate Potential Negative Impacts

The primary concerns of the affected people focus on negative activities during the construction period as well as potential health and environmental hazards during the operation of the pipeline. Therefore, their suggestions to improve the project and to lessen the negative impacts on their livelihoods focus on these two concerns.

One of the most important desires of the surveyed people is to have the agricultural and fishing grounds restored to their original state after the construction period is over, thereby creating a cushion for the expected decrease in employment due to the termination of construction-related jobs. Some communities are mostly dependent on agriculture, and they are worried that the pipeline construction and operations will cut off their access to agriculture completely. They indicate that similar projects have been undertaken in their and neighboring communities in the past with negative impacts, and those impacts have not been forgotten.

To improve safety and to prevent pollution during pipeline operation, surveyed community members recommend taking security measures to ensure the safe operation of the pipeline. Constant expert monitoring is also expected, since pipeline vandalization was a common concern among those interviewed.

Another important expectation is to make fair and timely compensation payments to the affected people. These will go a long way in establishing community trust and ensuring smooth operations during construction. In addition, a clause in contractors’ agreements, stipulating them to hire local people at least for part of the jobs is seen as important in reducing crime in the communities.

Page 127: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 4

June 2004 Nigeria Final Draft RAP Rev 1 4-49

Respondents also have expectations that WAPCo will assist their communities with overall social issues, including provision of educational programs and/or buildings, health centers, construction of new roads in and around the communities, and increased access to healthy water resources for the whole community. They expect increased consultation with communities regarding pipeline activities (during both construction and operational phase) and inherent risks. There are expectations of a community program that will address these issues in each affected community, thus providing a cushion to those affected people and communities.

Respondents indicated that having a transparent and truthful dialogue with the communities will contribute greatly to the success of the project activities, as far as the communities are concerned. Even though they expect benefits to accrue to them, they are not sure about what to expect and they do not necessarily trust the process.

Page 128: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 129: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-1

Chapter 5 Land Acquisition Procedures and Implementing

Responsibilities

5.1 Goals

The West African Gas Pipeline’s project intends to comply with the International Project Agreement (IPA),Nigerian national legislation and regulatory standards as well as with the relevant international policies and guidelines as specified in the World Bank Group’s Operational Policy (OP) 4.12 concerning land acquisition, compensation and resettlement.1 The specific goals of WAPCo’s land acquisition procedures are based on full consultation with all stakeholders, including the directly affected communities, and households, and will aim at the following:

• Considering social and economic issues during route determination and siting of temporary and permanent facilities to minimize physical relocation of people;

• Choosing the pipeline corridor and siting of ancillary facilities to minimize acquisition of privately or publicly held productive land;

• Developing fair and transparent procedures for determining compensation for (i) temporary use of land and assets for construction purposes; (ii) permanent acquisition of land and assets; (iii) restrictions on use of land that may be applied to areas within the corridor;

• Acquiring land (or right to use land) through negotiated agreements, with the use of expropriation only as a last resort. Ensuring that no land is taken unless full payment is made and affected people who request relocation are relocated prior to the actual start of construction at that point along the pipeline corridor;

• If Eminent Domain procedures are implemented, ensuring that compensation is adequate for full replacement of assets and for restoring land based incomes to a level equal or better than pre-project levels;

• Providing compensation options to affected populations, including land-for-land arrangements;

• Upon completion of construction, restoring land as best as possible to its original condition to permit landowners/users/lessees to continue their pre-project agricultural and other livelihood activities on their plots outside the Right-of-Way (ROW);

• Upon completion of the corridor, allow its full use for grazing and pedestrian traffic as well as light traffic (e.g., motorcycle traffic) to allow continuation of trade and other activities

1 For the purposes of WAGP project, OP 4.12 on Involuntary Resettlement (revised April 2004) has been

applied.

Page 130: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-2

• Keeping affected people and communities fully informed about the project, processes that will be followed to acquire and compensate for land, and their related rights and avenues to redress

5.2 Overview of Land Acquisition Strategy

5.2.1 General Principles

WAPCo has prepared a land and asset acquisition process for the West African Pipeline Project in Nigeria. The project applies the following general principles to land acquisition:

• All Right-of-Way (ROW) acquisition is to be on the basis of non-exclusive use. In Nigeria, WAPCo’s requirement for a ROW over land along the pipeline route will be satisfied by the grant of an Oil Pipeline License (OPL). Such a license would have an initial 20-year term from the date of issue and will grant its holder an exclusive use of the ROW for the licensed period. The license will be extended as needed. At the end of the project, the ROW’s ownership will revert to the Federal Government of Nigeria. However, for all practical purposes, the original owners will continue to use the land, expanding their use of it.

• Per the IPA, permanent land rights that do not involve an Exclusive Possession Right shall be granted by the national State as rights attaching to the Pipeline License, or otherwise in accordance with the Constitution and laws of Nigeria.

• The land for Compressor Station site will be acquired on the basis of exclusive acquisition. Per the IPA, WAPCo shall endeavor to obtain the Exclusive Possession Rights, which it needs over land not owned by the Federal Government of Nigeria or any State Authority. The acquisition will be based on negotiation with the owner and occupier of the land. This requirement would be satisfied by the grant of a statutory occupancy right. Foreign ownership of Nigerian land is not prohibited or regulated, and WAPCo would be protected under enabling legislation. Transfer or assignment of occupancy rights requires the consent of the Governor of the Federal State in which the land is located.

In terms of compensation, the project applies the following general principles:

• For all temporary acquisition, all land users, tenants, and/or cultivators are to be compensated for crops and any improvements or facilities that they may have built on the site during a specified period. In Nigeria, the principles and procedures for quantifying the amount of such compensation (together with procedures for resolving any disputes with respect to such compensation) shall be those applying under the prevailing national and local government laws per the inflation-adjusted 1998 Oil Producers Trade Section (OPTS) rates, described in detail in Section 5.4 (Valuation Methods) and Chapter 7 (Public Consultation and Disclosure).2 The rental or lease values offered for the temporary use of land shall not fall under the prevailing market rates;

• For permanent acquisition of land, all owners of land and assets will be offered land-for-land or cash compensation as proposed options;

2 Also see Annexes 5.1, 5.2, 5.3, 5.4, and 5.5.

Page 131: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-3

• Should the affected populations opt for cash in lieu of in-kind assistance, willing-seller/willing-buyer arrangements will be used;

• OPTS 1998 rates will be adjusted to inflation and will be used as a basis for negotiations. Studies are underway comparing the inflation-adjusted OPTS rates to full replacement costs on a sample basis to ensure that when the people opt for cash compensation, they will not receive less than full replacement costs. It is assumed that a willing-buyer/willing-seller principle to be used for negotiations will allow coverage of replacement and transaction costs, so that OP 4.12 goals are met;

• Rights on land owned primarily by the State shall be granted without charge to WAPCo by the relevant government, per the IPA, unless a charge for such land is provided for under local law as at the Execution Date; and

• WAPCo’s Right-of-Way Access Policy details the basic policies to be adopted by WAPCo regarding access to the pipeline ROW by the local population. Key policies with regard to affected populations include access during the operational phase by local residents to their properties through limited use of pipeline access roads as transportation routes. However, the uses of the pipeline ROW for raising crops or building will be precluded. Further details are provided below.

5.2.2 Types of Land to be Acquired

In Nigeria, the land to be acquired is essentially privately held and predominantly under customary rights of occupancy, though some land is under statutory rights of occupancy.

The Pipeline Development Plan will identify those areas of land with respect to which WAPCo requires a right of exclusive occupancy for the siting of its facilities, and all other land over which WAPCo seeks a temporary or permanent right of way or right of access (other than a right of exclusive possession) for the implementation of the project. WAPCo will need:

• Pipeline Right Of Way (ROW): non-exclusive possession. WAPCo will seek rights of way over (or under) land on which it intends to lay its pipeline. Once the pipeline is constructed, limited-use rights will be granted to the communities so that travel patterns are not adversely affected.

• Compressor Station Site: exclusive possession. WAPCo will seek a right of exclusive occupancy over the land where it intends to place its compressor station. The land will be fenced and access prohibited upon completion of construction.

5.2.2.1 Exclusive Occupancy Rights

WAPCo seeks to be granted exclusive occupancy rights to all station land identified in the approved Pipeline Development Plan with respect to which WAPCo requires exclusive occupancy. The Land Use Act empowers the Federal Government of Nigeria or the Government of a State to compulsorily acquire land rights for a public purpose. Based on existing case law, it appears that the construction and operation of a pipeline would meet the public purpose criteria. However, WAPCo intends to negotiate for all exclusive occupancy rights through private agreements rather than implement compulsory acquisition or Eminent Domain procedures.

Page 132: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-4

Compensation would be paid to the legitimate owners and affected stakeholders of such land for the acquisition of their interests. The procedure for acquisition/revocation of rights of occupancy and compensation as well as the resolution of dispute over such compensation is provided for under the Land Use Act and the Oil Pipelines Act, as applicable. If Eminent Domain procedures are implemented, this compensation will be sufficient to fully replace the lost assets and cover the transaction costs of selling and buying new assets as well as transport and moving to new residences when residential areas and homes are affected.

For any land over which statutory or customary rights of occupancy have been granted, WAPCo will seek to acquire that land directly through negotiation and pay a price based on the inflation-adjusted OPTS rates to be used for negotiation purposes. As of May 2004, consultations and negotiations show full agreement on the project’s ability to negotiate willing-buyer/willing-seller arrangements and a lack of need to resort to expropriation. The process for doing so would be as follows:

(a) Identify the holder (and nature) of the occupancy right;

(b) Ensure that everyone is fully informed about all existing land rights and that the affected communities are aware of WAPCo’s land acquisition plans;

(c) Obtain the Governor’s prior consent for the acquisition of any existing statutory occupancy right (or, in the absence of such existing right, obtain a grant from the Governor of a statutory right of occupancy) and, upon giving that consent or granting that right, WAPCo would succeed to all the rights of occupancy with respect to that land including those previously vested in the holder of that right; and

(d) For a small portion of the land where there are no statutory or customary rights over the land, WAPCo would only need to obtain the approval of the Governor or the Local Government to occupy that land (which approval would be evidenced by the grant of a certificate of occupancy).

5.2.2.2 Preparations for the Acquisition of Community, Customarily or Tribally Owned Lands

Preparations for the acquisition of such lands will be in accordance with the relevant legislative framework discussed in Chapter 3.

5.2.2.3 Preparations for the Acquisition of State Lands/Assets

No state lands have been identified for acquisition by the project. As such, no preparations have been identified or implemented. Should the project needs to acquire such land the necessary procedures for acquisition would be implemented in accordance with the relevant national legislative framework.

5.2.2.4 Acquiring Rights of Way/Access

The IPA states that licenses will be granted per the statutory requirements of each State as modified by enabling legislation. A pipeline license, as provided for under the Oil Pipelines Act, grants the holder a right of exclusive possession over the strip of land identified in the license. Accordingly, under the Land Use Act, the land interests that WAPCo requires to build out the

Page 133: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-5

pipeline would not involve compulsory acquisition of large swathes of land along the pipeline route by the Governor or Local Government in each state through which the pipeline passes. The only land interests that WAPCo needs for this purpose are those granted under the pipeline license, which would include the grant of various easements over adjoining land. It should also be noted that a right of exclusive possession is more than WAPCo requires. WAPCo’s main requirements include access to a strip of land, laying and burying a pipeline along that strip, and access to the land as and when necessary to inspect, maintain, repair, or expand the pipeline. WAPCo also needs to prevent people from encroaching and building on the pipeline ROW to ensure that it retains access for ROW maintenance or future use.

5.2.3 WAGP Right-of-Way Access Policy

The basic policies to be adopted by WAPCo regarding access to the pipeline ROW by the local population that will apply in Nigeria as well as in other participant countries follow.

5.2.3.1 Fences

Fences will be installed around the properties containing the Alagbado Tee, midline valve station, cathodic protection station(s), and Lagos Beach Compressor Station. Access to these fenced areas will be restricted to authorized visitors and WAPCo personnel only. Local populations will not have any access to these areas once WAGP construction begins, and throughout the WAGP operational phase.

No fences will be installed around any other part of the project footprint. The pipeline ROW will not be fenced in any WAGP countries.

5.2.3.2 Pipeline Maintenance Roads3

WAPCo will develop maintenance roads for patrol purposes within the pipeline ROWs roughly paralleling the pipeline, along the full length of the ROW. These roads will be maintained in a condition suitable for inspection and maintenance of the pipeline system throughout the WAGP operational phase.

Prior uses of land occupied by pipeline maintenance roads other than for transportation and grazing livestock, e.g., raising crops, will be terminated once WAGP construction begins and throughout the WAGP operational phase. As the construction of the corridor proceeds in a specific segment, it may not be safe for either passengers or livestock to be near the construction area. However, the contractors will not leave any part of the ROW open for more than several weeks at a time; once the pipeline is buried and covered with soil, people could begin to use the ROW. When it is safe to cross the corridor, the contractors will ensure that local populations are fully informed.

After completion of construction (i.e., during the WAGP operational phase), local residents will be granted access to their properties through use of pipeline maintenance roads as transportation

3 A new access road may be required for the compressor station (Chapter 2). However, no decision yet has been

made regarding this issue.

Page 134: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-6

routes. Use of the maintenance roads will be limited to light traffic only. Future roads, particularly those crossing the ROW, connecting two locations will be approved by WAPCo Management on a case-by-case basis. No decisions will be made unless alternative routes are in place so that local economic and social activities are not adversely affected.

In urban or semi-urban areas, lockable barriers will be erected across all entrances to pipeline access roads to prevent heavy use by car and truck traffic. In these areas, pipeline maintenance roads will not be accessible to cars and trucks, but will be fully accessible for use by motorcycle and pedestrian traffic during the WAGP operational phase.

In rural areas, no barriers will be erected at the entrance to pipeline access roads, and these roads will be accessible to all light vehicle traffic including cars and light trucks during the WAGP operational phase. WAPCo will prohibit heavy trucks from using these access roads through the posting of signs and periodic patrol.

5.2.3.3 Transportation Routes Transecting the Pipeline ROW

Existing busy roads and highways crossing WAGP pipeline routes will not be affected by WAGP during either the construction or operational phases. Construction methods such as thrust-boring beneath the roads will be used to eliminate the need to close these roads at any time (some disruption of traffic patterns may occur on these roads during the construction phase due to the movement of construction equipment on and near the roads).

Less busy roads and footpaths crossing the pipeline routes will be temporarily re-routed and/or closed during the construction phase but with provision for alternative access for people or livestock across the right of way throughout the period of closure.

In all cases, every effort will be made to temporarily re-route all transportation routes rather than to temporarily close them. Where transportation routes must be temporarily closed, alternate routes will be identified and marked. Transecting transportation routes that must be temporarily closed/re-routed during WAGP construction, and their closure/re-routing schedules, will be determined once detailed construction plans have been finalized; and local residents will be notified of the closures/re-routing schedules prior to any construction activities.

During the WAGP operational phase, there will be no restrictions on any prior transportation routes that cross the pipeline ROW. All such routes will be fully restored to their previous condition by WAPCo at the end of the construction phase and will be fully accessible and open to traditional use.

5.2.3.4 Pipeline Burial Zone

The pipeline centerline will be located approximately five meters from one edge of the right of way. The land within the pipeline burial zone (i.e., land directly above where the pipeline is buried, extending to roughly five meters on one side of the centerline and 10 meters on the other side, and forming a corridor of approximately 15 meters in width) will not be available for any use by the local population once WAGP construction begins in the vicinity of the pipeline construction spread. Throughout the WAGP operational phase, except in the case of transecting transportation routes as described above, the pipeline mound will not be available for use. Each

Page 135: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-7

spread of construction will be completed in a short period; thus, the inconvenience caused by temporary use of access from one side of the burial zone to the other will be limited, as described below:

• This land will be re-contoured at the end of the construction phase, and seeded with native, low-growing, shallow-rooted cover vegetation. This vegetation will be cut and maintained at a relatively low growth height by WAPCo throughout the operational phase, with priority consideration given to using the community in the vicinity of the right of way.

• Prior uses of the pipeline burial zone for raising crops or any other purpose (other than transportation on transecting transportation routes) will be precluded within this zone once WAGP construction begins and throughout the WAGP operational phase.

• WAPCo will post signs along the pipeline ROW restricting access and use of the land except for those locations identified as public transportation routes.

• Environmental impacts to rivers and other surface water bodies will be very temporary and localized. There will be no permanent impacts. The villagers surveyed in Nigeria do not fish in or derive livelihoods from the rivers or wetlands along the ROW. The socioeconomic impact associated with pipeline installation across surface water bodies is therefore deemed negligible. The single exception is Badagry Creek, the estuarine creek/lagoon near the coast, but no permanent impacts are anticipated on the small amount of habitat on the shores of that creek. People do fish in Badagry Creek, so there could be a socioeconomic impact associated with any appreciable decline in fish populations in the creek, but appreciable difference in the fish populations is not expected and will approach zero if the Horizontal Directional Drilling (HDD) method is successfully implemented.

5.2.3.5 Other Areas within the ROW

All land of 20-to-25 meter width within the pipeline ROW will be acquired by WAPCo in accordance with the land acquisition laws on use of ROW. To avoid liability and prevent encroachment that could result in permanent construction on the right of way—except as stated below—areas within the ROW not occupied by pipeline access roads or burial zones will not be made available to the local population for use at the end of the construction phase for purposes of cultivation, horticulture, and/or construction.

Areas within the ROW not occupied by pipeline access roads or burial zones will be accessible to the local population throughout the WAGP operational phase for such uses as livestock grazing and local foot traffic across the ROW only. Local residents will not be permitted to erect structures of any kind within the ROW, including buildings, fences, walls, cisterns, wells, irrigation facilities, or any other type of structure.

5.3 Land Acquisition Procedure

The general procedure for WAGP land acquisition is as follows:

• First, a suitable route and land are identified, taking care to minimize the need for land acquisition. Topographical surveys are performed for station sites and pipeline routes. EIA

Page 136: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-8

and socioeconomic assessments are conducted concurrently with the survey of the pipeline routes. External Affairs (EA) engages with the communities for information exchange and education about the project and processes;

• Second, Estate Surveyors are contracted, and work together with WAPCo to identify all affected land and property owners and verify owner titles to the land. External Affairs continues working with the communities, and develops a preliminary dispute resolution process;

• Third, surveyed lands and properties are assessed, their values are established, and negotiations are conducted with landowners and different levels of government. External Affairs conducts consultations on land valuation with Town Councils and Local and State Governments, and the RAP is developed;

• Fourth, the application for the Oil Pipelines License (OPL) is prepared and, according to procedures, the OPL application is published and public hearings are held to gather community comments. Following a period to gather public comment, disputes are negotiated and resolved according to the developed process (described in Chapter 7), and contracts with landowners are developed and owner endorsements obtained; and

• Finally, the OPL is finalized, FID decision made, payments for land and property issued, and land acquired. A Certificate of Occupancy is obtained, and title documents officially registered.

WAPCo has prepared a detailed land acquisition and compensation process, the key elements of which follow:

• WAPCo has attempted to minimize physical and economic displacement through careful corridor alignment. Alternative routes and alternative compressor station sites have been reviewed taking social issues, among others, into consideration. Overlapping the corridor with the existing Shell/NNPC corridor in the densely populated urban and semi-urban areas as well as limiting the width of the ROW to 25 meters has minimized economic and physical dislocation impacts;

• Since early in the process, WAPCo has engaged the potentially affected communities to inform them about the project through community forums and meetings with chiefs and elders. Consulting activities ranged from information provision to information exchange, collaboration, and cooperation with different stakeholders including the land/asset owners;

• With the assistance of an independent Estate Surveyor, WAPCo has worked with each potentially affected person or group to create a mutually agreed upon inventory of affected assets;

• The communities have engaged independent Estate Surveyors to review and verify the report of the WAGP Estate Surveyor and to negotiate on his behalf;

• A formal public hearing was held to discuss the project and the land to be acquired, establishing a deadline for registering future compensation claims; and

• WAPCo is collaborating closely with the Bureau of Lands on matters related to land acquisition, including compensation and dispute resolution.

Page 137: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-9

The land acquisition process is illustrated by Figures 5.3-1, 5.3-2 and 5.3-3.

Page 138: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-10

Figure 5.3-1: Land Acquisition Process in Nigeria

Apply for Permit to Survey

Health Safety Environment/Business

Development & Planning

Apply for Permit to Survey

Health Safety Environment/Business

Development & Planning

Issue Permit to Survey

Government – Nigeria/Business

Development & Planning

Issue Permit to Survey

Government – Nigeria/Business

Development & Planning

Dialogue With Engineering to Ensure that EIA

Requirements Are Met

Health Safety Environment

Dialogue With Engineering to Ensure that EIA

Requirements Are Met

Health Safety Environment

Coordinate Public Sector Input & Preliminary Land Identification

External Affairs

Coordinate Public Sector Input & Preliminary Land Identification

External Affairs

Identify Suitable Land Site/Route and Size

Engineering

Identify Suitable Land Site/Route and Size

Engineering

Identify Customer Location, Demand, Capacity

Commercial/Legal

Identify Customer Location, Demand, Capacity

Commercial/Legal

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)External Affairs (EA)AccountingGovernments

Business Development & Planning (BDP)Other

Apply for Permit to Survey

Health Safety Environment/Business

Development & Planning

Apply for Permit to Survey

Health Safety Environment/Business

Development & Planning

Issue Permit to Survey

Government – Nigeria/Business

Development & Planning

Issue Permit to Survey

Government – Nigeria/Business

Development & Planning

Issue Permit to Survey

Government – Nigeria/Business

Development & Planning

Issue Permit to Survey

Government – Nigeria/Business

Development & Planning

Dialogue With Engineering to Ensure that EIA

Requirements Are Met

Health Safety Environment

Dialogue With Engineering to Ensure that EIA

Requirements Are Met

Health Safety Environment

Dialogue With Engineering to Ensure that EIA

Requirements Are Met

Health Safety Environment

Dialogue With Engineering to Ensure that EIA

Requirements Are Met

Health Safety Environment

Coordinate Public Sector Input & Preliminary Land Identification

External Affairs

Coordinate Public Sector Input & Preliminary Land Identification

External Affairs

Coordinate Public Sector Input & Preliminary Land Identification

External Affairs

Coordinate Public Sector Input & Preliminary Land Identification

EA/Community Relations

Identify Suitable Land Site/Route and Size

Engineering

Identify Suitable Land Site/Route and Size

Engineering

Identify Suitable Land Site/Route and Size

Engineering

Identify Suitable Land Site/Route and Size

Engineering

Identify Customer Location, Demand, Capacity

Commercial/Legal

Identify Customer Location, Demand, Capacity

Commercial/Legal

Identify Customer Location, Demand, Capacity

Commercial/Legal

Identify Customer Location, Demand, Capacity

Commercial/Legal

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)External Affairs (EA)AccountingGovernments

Business Development & Planning (BDP)Other

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)External Affairs (EA)AccountingGovernments

Business Development & Planning (BDP)Other

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)External Affairs (EA)AccountingGovernments

Business Development & Planning (BDP)Other

Page 139: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-11

Figure 5.3-2: Land Acquisition Process in Nigeria

Note: EA denotes WAPCo External Affairs /Community Relations

Orientation of Contractors HSE/EA

Orientation of Contractors HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Survey Station Sites and Pipeline Routes

Engr /FEED/Survey

Survey Station Sites and Pipeline Routes

Engr /FEED/Survey

Community Info & Education for

Smooth Survey EA

Community Info & Education for

Smooth Survey EA

Security Input for Pipeline

EA

Security Input for Pipeline

EA Develop Preliminary Dispute Resolution

Process

EA

Develop Preliminary Dispute Resolution

Process

EA

Advocacy for Community Relations & Cooperation

EA

Advocacy for Community Relations & Cooperation

EA

Select Estate Surveyor

Engr/Legal/HSE/EA

Select Estate Surveyor

Engr/Legal/HSE/EA

Develop Contract

Engr/Legal

Develop Contract

Engr/Legal

Identify All Land and Property Owners and

Verify Titles

Engr/Survey/Estate Survey/Legal/EA

Identify All Land and Property Owners and

Verify Titles

Engr/Survey/Estate Survey/Legal/EA

Develop Estate Survey

Engr/Legal/HSE/EA

Develop Estate Survey

Engr/Legal/HSE/EA

From Figure

5.1

Oil Pipeline License Publication and Public

Hearing

HSE

Oil Pipeline License Publication and Public

Hearing

HSE

Preparation of Oil Pipeline License (OPL)

HSE

Preparation of Oil Pipeline License (OPL)

HSE

Evaluate Surveyed Lands and Property and Negotiate with

Landowners

Engr/FEED/Estate Survey

Evaluate Surveyed Lands and Property and Negotiate with Landowners

Engr/FEED/Estate Survey

Consultation onLand

Town Council/Local & State

Consultation onLand

Town Council/Local & State

World Bank Resettlement Action Plan (RAP)

HSE/EA

World Bank Resettlement Action Plan (RAP)

HSE/EA

Develop Contract Documents with

Landowners and Obtain Owners ’ Endorsements

Legal

Develop Contract Documents with

Landowners and Obtain Owners’ Endorsements

Legal

Develop Dispute Resolution Process

Legal/EA

Develop Dispute Resolution Process

Legal/EA

FID

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

Orientation of Contractors HSE/EA

Orientation of Contractors HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Survey Station Sites and Pipeline Routes

Engr /FEED/Survey

Survey Station Sites and Pipeline Routes

Engr /FEED/Survey

Community Info & Education for

Smooth Survey EA

Community Info & Education for

Smooth Survey EA

Security Input for Pipeline

EA

Security Input for Pipeline

EA Develop Preliminary Dispute Resolution

Process

EA

Develop Preliminary Dispute Resolution

Process

EA

Advocacy for Community Relations & Cooperation

EA

Advocacy for Community Relations & Cooperation

EA

Select Estate Surveyor

Engr/Legal/HSE/EA

Select Estate Surveyor

Engr/Legal/HSE/EA

Develop Contract

Engr/Legal

Develop Contract

Engr/Legal

Identify All Land and Property Owners and

Verify Titles

Engr/Survey/Estate Survey/Legal/EA

Identify All Land and Property Owners and

Verify Titles

Engr/Survey/Estate Survey/Legal/EA

Develop Estate Survey

Engr/Legal/HSE/EA

Develop Estate Survey

Engr/Legal/HSE/EA

From Figure

Oil Pipeline License Publication and Public

Hearing

HSE

Oil Pipeline License Publication and Public

Hearing

HSE

Preparation of Oil Pipeline License (OPL)

HSE

Preparation of Oil Pipeline License (OPL)

HSE

Evaluate Surveyed Lands and Property and Negotiate with

Landowners

Engr/FEED/Estate Survey

Evaluate Surveyed Lands and Property and Negotiate with Landowners

Engr/FEED/Estate Survey

Consultation onLand

Town Council/Local & State

Consultation onLand

Town Council/Local & State

World Bank Resettlement Action Plan (RAP)

HSE/EA

World Bank Resettlement Action Plan (RAP)

HSE/EA

Develop Contract Documents with

Landowners and Obtain Owners ’ Endorsements

Legal

Develop Contract Documents with

Landowners and Obtain Owners’ Endorsements

Legal

Develop Dispute Resolution Process

Legal/EA

Develop Dispute Resolution Process

Legal/EA

FID

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

Orientation of Contractors HSE/EA

Orientation of Contractors HSE/EA

Orientation of Contractors HSE/EA

Orientation of Contractors HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Perform EIA & Socio Assessments

Concurrently with Survey HSE/EA

Survey Station Sites and Pipeline Routes

Engr /FEED/Survey

Survey Station Sites and Pipeline Routes

Engr /FEED/Survey

Community Info & Education for

Smooth Survey EA

Community Info & Education for

Smooth Survey EA

Community Info & Education for

Smooth Survey EA

Community Info & Education for

Smooth Survey EA

Security Input for Pipeline

EA

Security Input for Pipeline

EA Develop Preliminary Dispute Resolution

Process

EA

Develop Preliminary Dispute Resolution

Process

EA

Advocacy for Community Relations & Cooperation

EA

Advocacy for Community Relations & Cooperation

EA

Select Estate Surveyor

Engr/Legal/HSE/EA

Select Estate Surveyor

Engr/Legal/HSE/EA

Develop Contract

Engr/Legal

Develop Contract

Engr/Legal

Identify All Land and Property Owners and

Verify Titles

Engr/Survey/Estate Survey/Legal/EA

Identify All Land and Property Owners and

Verify Titles

Engr/Survey/Estate Survey/Legal/EA

Develop Estate Survey

Engr/Legal/HSE/EA

Develop Estate Survey

Engr/Legal/HSE/EA

From Figure

Oil Pipeline License Publication and Public

Hearing

HSE

Oil Pipeline License Publication and Public

Hearing

HSE

Preparation of Oil Pipeline License (OPL)

HSE

Preparation of Oil Pipeline License (OPL)

HSE

Evaluate Surveyed Lands and Property and Negotiate with

Landowners

Engr/FEED/Estate Survey

Evaluate Surveyed Lands and Property and Negotiate with Landowners

Engr/FEED/Estate Survey

Consultation onLand

Town Council/Local & State

Consultation onLand

Town Council/Local & State

World Bank Resettlement Action Plan (RAP)

HSE/EA

World Bank Resettlement Action Plan (RAP)

HSE/EA

Develop Contract Documents with

Landowners and Obtain Owners ’ Endorsements

Legal

Develop Contract Documents with

Landowners and Obtain Owners’ Endorsements

Legal

Develop Dispute Resolution Process

Legal/EA

Develop Dispute Resolution Process

Legal/EA

FID

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

5.3-1

Page 140: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-12

Figure 5.3-3: Land Acquisition Process in Nigeria (Phase 3C)

Note: EA denotes WAPCo External Affairs /Community Relations

Final Permits for all Countries

Government

Final Permits for all Countries

Government

Make Payment andAcquire Land

Engineering

Make Payment andAcquire Land

Engineering

Process Payment for Land and Property

Accounts/Business Development &

Planning

Process Payment for Land and Property

Accounts/Business Development &

Planning

Advocacy to Ensure Approval of Final

Permits

External Affairs

Advocacy to Ensure Approval of Final

Permits

External Affairs

FID

From Figure 5.2 Oil Pipeline

License Granted

Obtain Certificate of Occupancy

Legal

Obtain Certificate of Occupancy

Legal

Register Title Documents Where

Required

Legal

Register Title Documents Where

Required

Legal

From Figure 5.2 Contracts with Landowners

Endorsed

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

Final Permits for all Countries

Government

Final Permits for all Countries

Government

Make Payment andAcquire Land

Engineering

Make Payment andAcquire Land

Engineering

Process Payment for Land and Property

Accounts/Business Development &

Planning

Process Payment for Land and Property

Accounts/Business Development &

Planning

Advocacy to Ensure Approval of Final

Permits

External Affairs

Advocacy to Ensure Approval of Final

Permits

External Affairs

FID

From Figure 5.2 Oil Pipeline

License Granted

Obtain Certificate of Occupancy

Legal

Obtain Certificate of Occupancy

Legal

Register Title Documents Where

Required

Legal

Register Title Documents Where

Required

Legal

From Figure 5.2 Contracts with Landowners

Endorsed

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

Final Permits for all Countries

Government

Final Permits for all Countries

Government

Make Payment andAcquire Land

Engineering

Make Payment andAcquire Land

Engineering

Process Payment for Land and Property

Accounts/Business Development &

Planning

Process Payment for Land and Property

Accounts/Business Development &

Planning

Advocacy to Ensure Approval of Final

Permits

External Affairs

Advocacy to Ensure Approval of Final

Permits

External Affairs

FID

From Figure 5.2 Oil Pipeline

License Granted

Obtain Certificate of Occupancy

Legal

Obtain Certificate of Occupancy

Legal

Register Title Documents Where

Required

Legal

Register Title Documents Where

Required

Legal

From Figure 5.2 Contracts with Landowners

Endorsed

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

Commercial/Legal

Engineering/Survey/Estate Survey

Health Safety Environment (HSE)

External Affairs (EA)

Accounting

Governments

Business Development & Planning (BDP)Other

5.3-2

5.3-2

Page 141: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-13

5.3.1 Identification of Pipeline Route and Affected Land

5.3.1.1 Description of Route Determination in Pre-Feasibility, Feasibility, Basic Engineering, and Detailed Engineering Stages

After conducting multiple site studies to identify the optimal routes and station sites for identification of the required pipeline right of way and development of options of station and equipment layout, the width of the ROW was established with due consideration for current system needs and future expansion. The need for a safe, incident- and injury-free operation and for protection of personnel and equipment greatly affected the determination of the area requirement for each station location, which was then surveyed. Optimization of the pipeline route and station locations was carried out on site with the involvement of Environmental and Social Impact Assessment (ESIA) representatives to ensure impact to the environment was given due consideration.

5.3.1.2 Identification and Demarcation of Affected Plots

Critical steps in identifying lands affected by the initial development included conducting a topographical survey, followed by an Estate Survey. Both surveys were performed by independent organizations in coordination with the ESIA team in Nigeria.

The survey crews demobilized from site on 25 December 2002. At the commencement of work, control pillars were proved in situ, horizontally and vertically. All boundary lines were set out and traversed accordingly. A total number of 412 pillars were placed at every 200m interval. A comprehensive detailed survey of all manmade and natural features (i.e., creeks, rivers, canals, pipelines, buildings, etc.) was carried out. A population density survey was also carried out along the entire gas pipeline route. The entire pipeline route is about 58km. It traversed about 23 (twenty three) villages/towns (i.e., Itoki, Ijoko, Alade, Owode, Ajibode, Ewupe, Atuwara, Abule Benja, Igbo Oloye, Arobieye, Abiola, Okoomi, Ore Akinde, Edu, Agbara, Igbesa (Agotutun), Ilogbo Ijobun, Ilogbo Eremi, Agunmo, Araromi Ale, Imeke, Ajido); two major tarred roads, one borrow pit, and one major creek.

The topographical survey of the selected pipeline route and station sites enabled WAPCo to finalize the property boundaries of the pipeline rights of way (ROW) and the station sites in the country based on actual site conditions. As part of the topographical survey, there was monumentation and staking out of the ROW. The list of coordinates for the ROW and station sites was part of the newspaper advertisement and the public display document.

The Estate Survey enabled WAPCo to determine exact land demarcations and identify landowners along the proposed pipeline route. Cadastral maps or alignment sheets of the project-affected lands prepared by the Front-End Engineering Design (FEED) contractors were used by contracted Estate Surveyors to demarcate landownerships in the project-affected area along the ROW and station sites. The Estate Surveyor physically marked with stakes property boundaries as appropriate. The surveyor was charged with the completion of a detailed report with recommendations regarding land demarcation, as well as issues relating to land-and-access ownership of, stakeholder concerns about, and valuations and assessments of the property to be

Page 142: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-14

acquired. The Estate Surveyor also identified and documented whether the project-affected lands are public or private properties. Relevant data are presented in Chapters 1, 2, 4, and 6.

5.3.1.3 Identification of Areas of Stakeholder Significance and Access Issues

The Estate Survey highlighted areas of particular stakeholder significance, such as religious sites, nature reserves, protected areas and the like.

In addition, an assessment was made of property access or access infringement issues for the land to be acquired. For all adjacent property owners, planned projects, buildings, residences, or other planned development were identified. Property boundaries were surveyed, physically marked, and documented.

5.3.1.4 Consideration of Social Issues during Route Selection and Selection of Temporary and Permanent Facilities

The pipeline route avoids areas of high population density with infrastructures such as markets, housing estates, churches, mosques, shrines, and schools as much as feasible. Avoidance of these locations also has reduced the need for resettlement of people along the pipeline route. There are nevertheless a number of residential and cultural structures on the affected plots (described in Chapters 1 and 4). Consideration is ongoing for route alternations to avoid additional affected structures.

5.3.2 Identification and Registration of Property Owners and Other Affected People

A field visit was performed for all alternative pipeline routes considered at the outset of the project. A survey of the final route as well as project sites was conducted to identify property owners with the sizes of their properties, size classification, and use of the land and property including construction type. Communities and other interested parties were present or were consulted to verify title and all liens to the land to be acquired, either fully or partially.

The Estate Surveyor identified the land-owning communities with vested interest in the ROW. This was done in liaison with the Land Surveyors. The Estate Surveyor team met with the Obas (the Chiefs), and Elders including non-leadership individuals.

As part of the Estate Survey information, each landowner or other stakeholder interest group —including temporary residents on the properties at the time of survey—was documented and reported. Temporary residents were defined as those who did not have formal legal rights to land at the time of the census but had a claim to such land or assets, provided that such claims were recognized under Nigerian law or become recognized through a process identified in the RAP. The Estate Surveyor evaluated land, physical assets, and other property improvements, if any, potentially subject to compensation claims. He also established types, ownership, and numbers of crops, trees, and other plants on the land.

Communities were informed of the importance of identification of claims and resettlement options. Communities were also assured of prompt payment of compensation after the Final Investment Decision (FID) and before commencement of the project construction. No construction will start on any given plot prior to execution of full payment (see Section 5.4.3

Page 143: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-15

[Compensation] for a full discussion of options and disbursement issues). Those claimants with residential and commercial property on the affected plots will be given adequate timing after payment to resettle, and all cultural property (graves, shrines, etc.) and community resources will be relocated or replaced, prior to initiation of the WAGP construction phase on the affected land.

5.3.2.1 Tracking Affected Land and Asset Data

The independent Estate Surveyor set up an Excel database of affected land plots that conforms to the OP 4.12 (Annex 1.1). Data collected and recorded include the claimant’s name, age, and gender; date of inspection; address and location of property; and valuation of property, including crops, economic trees, fish ponds, structures, and construction details of buildings and dimensions as well as land area subject to compensation requirements or claims, such as cultural assets, including graves, cemeteries, shrines, etc. The Estate Surveyor set up and maintained a landowner register including detailed information and profiles on landowners, as information was available. Reconciliation of the Estate Survey inventory began during and following the period allowed for public comment described below, with the few remaining disputes currently being negotiated.

5.3.3 Public Notification and Comment Procedure: Procedures for Finalization/Verification of Registration and Approved List of Affected Persons

This Section provides an overview of the stages of public notification and comment. Chapter 7 (Public Consultation and Disclosure) describes the process in Nigeria in detail.

5.3.3.1 Notification

In 2003, the Estate Surveyor and WAGP External Affairs staff conducted open forums and consultations in affected communities in order to:

• Inform the communities about the proposed ROW acquisition

• Introduce the independent Estate Surveyor

• Elicit the support of the communities, Royal Fathers, Chiefs, Elders, Local Government, and general populace during the project execution; and

• Further reassure the communities that the process of land acquisition will be absolutely transparent and that fair and adequate compensation will be paid to the affected landowners and tenants, so they will be able to replace the affected assets and restore or improve the incomes they derived from these

As reported in the independent Estate Survey, a large number of open forums, town hall meetings, and community consultations have been held from November 2002 to date. These included large gatherings in, for instance:

Igbesa - 10 July 2003

Badagry - 11 July 2003

Otta - 12 July 2003

Page 144: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-16

In addition, the communities have retained their own independent Estate Surveyors to conduct a valuation of their land and represent their interests in negotiations with WAPCo and WAPCo’s own Estate Surveyors. Therefore, the community had an opportunity to learn of the comment process through these independent Estate Surveyors, to whom a Power of Attorney was granted, as well as from subsequent negotiation meetings between WAPCo and the surveyors (see also 5.4.3 Compensation).

5.3.3.2 Information to and Feedback from Communities Concerning Route Selection Informally and Formally Through Public Hearing

Consistent with the procedure established and implemented in the other project countries (Ghana, Benin, and Togo), WAPCo conducted public hearings in Nigeria to disclose its land acquisition and resettlement plans, including entitlements and the claims process-and-dispute resolution processes. Workshops were a voluntary effort in the other countries, consistent with the IPA, but the hearings in Nigeria were conducted as part of the DPR Oil Pipelines Act approval process. Under the IPA, WAPCo is required to display the Front-End Engineering Design (FEED) documents for 21 days, after which a public forum is to be organized to offer a platform for the concerns of the general public to be addressed by project officials. The public display of these documents is done to satisfy legal requirements, but also for transparency and to address potential community concerns over land acquisition and safety. The workshops and hearings offer a platform for the concerns of the public to be heard and also offer the project officials the opportunity to refine the design and implementation framework for the gas pipeline by incorporating, where appropriate, the views and concerns of the general public. The forum also provides an opportunity to demonstrate to stakeholders that WAPCo will build and operate a safe and reliable pipeline system.

Notification of the forum is be similar to that used in Ghana, Benin, and Togo. The procedures are mandatory per the requirements of the IPA and national laws and regulations (the Oil Pipelines Act). Specifically, FEED documents should be displayed at public places. The public will be informed about the availability of the documents through public notices and radio announcements over a period of 21 days. The concerns of the public will be recorded in notebooks provided for this purpose and collected after the 21-day public display period. Invitations to the public hearing were extended to various government ministries, departments, and agencies; NGOs; traditional councils; landowners within the proposed ROW and compressor station sites; and the media.

In Nigeria, public hearings were held on 29 and 31 March 2004. People affected by the project were notified of the forum either through personal visits by WAPCo staff to communities to hold open-air discussions, or through regular town hall-type meetings in Ota, Igbesa, and Badagry as listed above (Section 5.3.3.1). Stakeholders were assisted in getting to the meeting venues. An additional period of 21 days after the public hearing was allowed for the affected populations to register their consent or objection to the project plans. This period was also used for the identification of unknown landowners.

Additional information on the informal stakeholder consultation process is provided in Chapter 7. It should also be noted that as part of the stakeholder consultation process during the

Page 145: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-17

environmental impact assessment, communities were invited to give feedback on a range of issues, including route selection.

5.3.3.3 Public Display of Information Prior to Public Hearing

During the second half of 2003 and in early 2004, WAPCo displayed the list of landowners and associated assets at various libraries, local government headquarters, and state land departments, thereby establishing a cut-off date. WAPCo also published details on the land acquisition needed for the project in both local newspaper and official gazette.

Prior to the public hearing, route survey data was advertised in national newspapers. Additional announcements were made locally to the project-affected area as part of the process of public notice. The display of the register provided affected persons with the opportunity to lodge their claims of ownership and resettlement problems. Radio and TV announcements were also made.

The next phases of the process of land acquisition will continue to be highlighted and explained during future public hearings to educate the public on land to be acquired.

5.3.3.4 Final Submission of Public Feedback

Consistent with the IPA, during the FEED/PDP Public Hearings in Nigeria and via announcements in the newspapers, participants and members of the public were advised that comments regarding the project could be submitted by the announced date to any of the following:

• West African Gas Pipeline Authority (WAGPA) member in Nigeria4;

• Technical Authority in Nigeria, i.e., the Department of Petroleum Resources; or

• The WAPCo External Affairs representative.

Community leaders were encouraged to gather feedback from individual landowners, tenants, and other community members.

5.3.3.5 Established Cut-Off Date for Claims

The cut-off date is the date on which the project declares its intent to acquire land and land-based assets and advises landowners of such intent. Following the cut-off date, no new assets or improvements should be added to the land. The status of the land and land-based assets as of the cut-off date is thus the basis for final valuation.

The cut-off date as described in this RAP was the date of public posting of the affected land/assets and route in March 2004, and opportunities are provided to stakeholders to request corrections in their claims. Should there be substantial delays in the project schedule, prior to the Final Investment Decision (FID), the land register will be displayed, public hearings conducted,

4 The WAPCo Authority was established under the Treaty signed by the States on 31 January 2003 and is a

harmonizing regulatory agency, reporting to the respective Ministries of Energy in all four countries.

Page 146: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-18

and WAGP survey data reconciled with inventories from the communities’ separate surveyor information.

5.3.3.6 Final Steps Used in the Acquisition of Privately Owned Lands

WAPCo’s Legal Counsels and contracted Estate Surveyor will finalize the land acquisition documentation; and the engineering and external affairs teams will complete negotiations and make the necessary payments directly to the affected persons as required while the legal team will register the agreements after payment to identified landowners.

5.3.4 Negotiation Procedures

As shown in Figures 5.3-4, 5.3-5, 5.3-6, and 5.3-7, WAPCo intends to negotiate compensation with agents of landowners, if a Power of Attorney is issued by the landowner and verified legally. Otherwise the negotiation will be with the landowner directly. Since communities have hired their own Estate Surveyors and provided these firms with a Power of Attorney, WAPCo is conducting negotiations with these agents. For all assets, including land, WAPCo will use a value calculated to be equivalent or better than the full replacement value as the basis of payment. All valuation of land and properties will be adjusted for inflation to use the existing OPTS rates. For all productive assets, replacement value will not fall under the income stream derived from these assets.

When affected owners opt for cash compensation rather than land-for-land arrangements, WAPCo will prepare and approve valuation reports. WAPCo will then implement acquisition by developing contracts with landowners (or with their representatives) and make payments after FID. All payments will be deposited directly to the bank account of the owners, unless they request other arrangementsFor those affected claimants who do not have a bank account, the cash or a check can be given to them in the presence of village leaders and other affected populations(per their wishes). Following successful completion of these steps, WAPCo will seek certificates of occupancy/title documents for the acquired land.

WAPCo will be assisted by the Estate Surveyor in the following activities: negotiation of land purchase agreements and/or options to purchase as well as all appropriate registrations of the property purchases. All Power of Attorney verification will be carried out by the local counsel for the project. All agreements reached with landowners will be registered by the Legal Counsels.

5.3.4.1 Dispute Resolution Procedures (Non-Negotiated Cases)

The Oil Pipelines Act assumes that the landowners and the acquirers would negotiate the level of compensation. As Figure 5.3-5 shows, if there is failure to agree on compensation or ownership rights, WAPCo would involve the Bureau of Land and community leadership in efforts to resolve the dispute amicably. Meetings will be called between the landowner and WAPCo to seek a way forward in resolution of the dispute. If both parties are not agreeable on the amount of compensation to be paid, then such compensation will be fixed by a court in accordance with the provisions of Part 1V of the Oil Pipelines Act and the relevant provisions of the Land Use Act as may be applicable. The Oil Pipelines Act provides that if a dispute arises over

Page 147: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-19

Figure 5.3-4: Land Acquisition Process in Nigeria

Note: EA denotes WAPCo External Affairs/Community Relations

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Surveyor

External Affairs

Bureau of Lands – conduct public hearing on land/ROW

acquisition

EA

Bureau of Lands – conduct public hearing on land/ROW

acquisition

EA

Identify all land and property owners and verify their title to

the land

Estate Surveyor/EA/Engr/Legal

Identify all land and property owners and verify their title to

the land

Estate Surveyor/EA/Engr/Legal

Carry out assessment/ evaluation of land and other

properties in consultation with affected households and

communities

Estate Surveyor/EA/Engr

Carry out assessment/ evaluation of land and other

properties in consultation with affected households and

communities

Estate Surveyor/EA/Engr

Organize joint inspection visit to station and ROW with

Bureau of Lands

EA/Estate Surveyors

Organize joint inspection visit to station and ROW with

Bureau of Lands

EA/Estate Surveyors

Engineering to prepare and send Surveyed station sites and ROW

Maps to EA and Estate Surveyor

Engr/Surveyors

Engineering to prepare and send Surveyed station sites and ROW

Maps to EA and Estate Surveyor

Engr/Surveyors

Write to Bureau of Lands (with Maps attached) – inform them of

intention to acquire land

EA/Estate Surveyors

Write to Bureau of Lands (with Maps attached) – inform them of

intention to acquire land

EA/Estate Surveyors

Set up meeting with community Leadership – Launch the process of

consultation with community

EA/Estate Surveyors

Set up meeting with community Leadership – Launch the process of

consultation with community

EA/Estate Surveyors

Bureau of Lands - publication of land/ROW acquisition in

gazette and local newspaper to disclose information to the

affected communities and other stakeholders

EA

Bureau of Lands - publication of land/ROW acquisition in

gazette and local newspaper to disclose information to the

affected communities and other stakeholders

EA

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Surveyor

External Affairs

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Surveyor

External Affairs

Commercial/Legal

Engineering/Estate Surveyor

External Affairs

Bureau of Lands – conduct public hearing on land/ROW

acquisition

EA

Bureau of Lands – conduct public hearing on land/ROW

acquisition

EA

Identify all land and property owners and verify their title to

the land

Estate Surveyor/EA/Engr/Legal

Identify all land and property owners and verify their title to

the land

Estate Surveyor/EA/Engr/Legal

Carry out assessment/ evaluation of land and other

properties in consultation with affected households and

communities

Estate Surveyor/EA/Engr

Carry out assessment/ evaluation of land and other

properties in consultation with affected households and

communities

Estate Surveyor/EA/Engr

Organize joint inspection visit to station and ROW with

Bureau of Lands

EA/Estate Surveyors

Organize joint inspection visit to station and ROW with

Bureau of Lands

EA/Estate Surveyors

Engineering to prepare and send Surveyed station sites and ROW

Maps to EA and Estate Surveyor

Engr/Surveyors

Engineering to prepare and send Surveyed station sites and ROW

Maps to EA and Estate Surveyor

Engr/Surveyors

Write to Bureau of Lands (with Maps attached) – inform them of

intention to acquire land

EA/Estate Surveyors

Write to Bureau of Lands (with Maps attached) – inform them of

intention to acquire land

EA/Estate Surveyors

Set up meeting with community Leadership – Launch the process of

consultation with community

EA/Estate Surveyors

Set up meeting with community Leadership – Launch the process of

consultation with community

EA/Estate Surveyors

Bureau of Lands - publication of land/ROW acquisition in

gazette and local newspaper to disclose information to the

affected communities and other stakeholders

EA

Bureau of Lands - publication of land/ROW acquisition in

gazette and local newspaper to disclose information to the

affected communities and other stakeholders

EA

Page 148: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-20

Figure 5.3-5: Land Acquisition Process in Nigeria

Note: EA denotes WAPCo External Affairs/Community Relations

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Surveyor

External Affairs (EA)

Make payment, sign contracts with

landowners, and acquire land

EA/Estate Surveyors

Make payment, sign contracts with

landowners, and acquire land

EA/Estate Surveyors

Develop contracts with landowners

Legal

Develop contracts with landowners

Legal

Prepare valuation report and send to Engineering

& EA Managers

EA/Estate Valuers

Prepare valuation report and send to Engineering

& EA Managers

EA/Estate Valuers

Negotiate compensation with landowners, with

options

EA/Estate Valuers

Negotiate compensation with landowners, with

options

EA/Estate ValuersFromFigure

5.4 Bureau of

Lands Complete

Public Hearings

Involve Bureau of Lands and community

leadership in efforts to resolve dispute amicably

EA/Legal

Involve Bureau of Lands and community

leadership in efforts to resolve dispute amicably

EA/Legal

Landowners/Claimants’solicitors get involved in dispute – Notify and get WAGP legal involved

EA

Landowners/Claimants’solicitors get involved in dispute – Notify and get WAGP legal involved

EA

Dispute is taken to court and/or WAPCo is sued –Notify legal and provide detailed facts to legal in

response to claim

EA

Dispute is taken to court and/or WAPCo is sued –Notify legal and provide detailed facts to legal in

response to claim

EA

Instruct local counsel to represent WAPCo in

court

Legal

Instruct local counsel to represent WAPCo in

court

Legal

Compensationagreed

Valuationreport

approved

Failure to agreecompensation orownership rights

Apply for and obtainCertificate of Occupancy/

title document

Legal/EA

If landowners/claimants sue Chevron Nigeria Limited (CNL) or an

other CVX or sponsor entity – Notify CNL legal

and WAGP and coordinate reaction

between CNL and WAGP legal groups

EA

If landowners/claimants sue Chevron Nigeria Limited (CNL) or an

other CVX or sponsor entity – Notify CNL legal

and WAGP and coordinate reaction

between CNL and WAGP legal groups

EA

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Surveyor

External Affairs (EA)

Make payment, sign contracts with

landowners, and acquire land

EA/Estate Surveyors

Make payment, sign contracts with

landowners, and acquire land

EA/Estate Surveyors

Develop contracts with landowners

Legal

Develop contracts with landowners

Legal

Prepare valuation report and send to Engineering

& EA Managers

EA/Estate Valuers

Prepare valuation report and send to Engineering

& EA Managers

EA/Estate Valuers

Negotiate compensation with landowners, with

options

EA/Estate Valuers

Negotiate compensation with landowners, with

options

EA/Estate ValuersFromFigure

5.4 Bureau of

Lands Complete

Public Hearings

Involve Bureau of Lands and community

leadership in efforts to resolve dispute amicably

EA/Legal

Involve Bureau of Lands and community

leadership in efforts to resolve dispute amicably

EA/Legal

Landowners/Claimants’solicitors get involved in dispute – Notify and get WAGP legal involved

EA

Landowners/Claimants’solicitors get involved in dispute – Notify and get WAGP legal involved

EA

Dispute is taken to court and/or WAPCo is sued –Notify legal and provide detailed facts to legal in

response to claim

EA

Dispute is taken to court and/or WAPCo is sued –Notify legal and provide detailed facts to legal in

response to claim

EA

Instruct local counsel to represent WAPCo in

court

Legal

Instruct local counsel to represent WAPCo in

court

Legal

Compensationagreed

Valuationreport

approved

Failure to agreecompensation orownership rights

Apply for and obtainCertificate of Occupancy/

title document

Legal/EA

If landowners/claimants sue Chevron Nigeria Limited (CNL) or an

other CVX or sponsor entity – Notify CNL legal

and WAGP and coordinate reaction

between CNL and WAGP legal groups

EA

If landowners/claimants sue Chevron Nigeria Limited (CNL) or an

other CVX or sponsor entity – Notify CNL legal

and WAGP and coordinate reaction

between CNL and WAGP legal groups

EA

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Surveyor

External Affairs (EA)

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Surveyor

External Affairs (EA)

Commercial/Legal

Engineering/Estate Surveyor

External Affairs (EA)

Make payment, sign contracts with

landowners, and acquire land

EA/Estate Surveyors

Make payment, sign contracts with

landowners, and acquire land

EA/Estate Surveyors

Develop contracts with landowners

Legal

Develop contracts with landowners

Legal

Prepare valuation report and send to Engineering

& EA Managers

EA/Estate Valuers

Prepare valuation report and send to Engineering

& EA Managers

EA/Estate Valuers

Negotiate compensation with landowners, with

options

EA/Estate Valuers

Negotiate compensation with landowners, with

options

EA/Estate ValuersFromFigure

5.4 Bureau of

Lands Complete

Public Hearings

Involve Bureau of Lands and community

leadership in efforts to resolve dispute amicably

EA/Legal

Involve Bureau of Lands and community

leadership in efforts to resolve dispute amicably

EA/Legal

Landowners/Claimants’solicitors get involved in dispute – Notify and get WAGP legal involved

EA

Landowners/Claimants’solicitors get involved in dispute – Notify and get WAGP legal involved

EA

Dispute is taken to court and/or WAPCo is sued –Notify legal and provide detailed facts to legal in

response to claim

EA

Dispute is taken to court and/or WAPCo is sued –Notify legal and provide detailed facts to legal in

response to claim

EA

Instruct local counsel to represent WAPCo in

court

Legal

Instruct local counsel to represent WAPCo in

court

Legal

Compensationagreed

Compensationagreed

Valuationreport

approved

Valuationreport

approved

Failure to agreecompensation orownership rights

Failure to agreecompensation orownership rights

Apply for and obtainCertificate of Occupancy/

title document

Legal/EA

Apply for and obtainCertificate of Occupancy/

title document

Legal/EA

If landowners/claimants sue Chevron Nigeria Limited (CNL) or an

other CVX or sponsor entity – Notify CNL legal

and WAGP and coordinate reaction

between CNL and WAGP legal groups

EA

If landowners/claimants sue Chevron Nigeria Limited (CNL) or an

other CVX or sponsor entity – Notify CNL legal

and WAGP and coordinate reaction

between CNL and WAGP legal groups

EA

5.3-4

Page 149: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-21

Figure 5.3-6: WAGP Dispute Resolution Process in Nigeria

Note: EA denotes WAPCo External Affairs/Community Relations

Continue with court case while working

with Bureau of Lands/community

leaders to pay compensation into

court or escrow and secure access to the

land pending resolution of the

dispute

Legal/EA

Continue with court case while working

with Bureau of Lands/community

leaders to pay compensation into

court or escrow and secure access to the

land pending resolution of the

dispute

Legal/EA

While matter is in court, also explore

amicable settlement

While matter is in court, also explore

amicable settlement

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Survey

External Affairs (EA)

From Figure 5.5 Case Brought to

Court

From Figure 5.5 Develop

Contracts With Owners

Matter cannotbe resolvedamicably

Matter isresolvedamicably

Continue with court case while working

with Bureau of Lands/community

leaders to pay compensation into

court or escrow and secure access to the

land pending resolution of the

dispute

Legal/EA

Continue with court case while working

with Bureau of Lands/community

leaders to pay compensation into

court or escrow and secure access to the

land pending resolution of the

dispute

Legal/EA

While matter is in court, also explore

amicable settlement

While matter is in court, also explore

amicable settlement

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Survey

External Affairs (EA)

LEGEND: Lead Responsibility

Commercial/Legal

Engineering/Estate Survey

External Affairs (EA)

Commercial/Legal

Engineering/Estate Survey

External Affairs (EA)

From Figure 5.5 Case Brought to

Court

From Figure 5.5 Develop

Contracts With Owners

Matter cannotbe resolvedamicably

Matter cannotbe resolvedamicably

Matter isresolvedamicably

Matter isresolvedamicably

5.3-5

5.3-5

Page 150: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-22

Figure 5.3-7: Post Acquisition Claims & Disputes Resolution Process in Nigeria

Note: EA denotes WAPCo External Affairs/Community Relations

LEGEND: Lead Responsibility

Commercial/Legal

Engineering

External Affairs

If dispute is taken to court and/or WAPCo is sued – Notify Legal and provide detailed facts to Legal in

response to claim EA

If dispute is taken to court and/or WAPCo is sued – Notify Legal and provide detailed facts to Legal in

response to claim EA

Instruct local counsel to represent WAPCo and any other sued Sponsor

party in court Legal

Instruct local counsel to represent WAPCo and any other sued Sponsor

party in court Legal

While matter is in court, also explore amicable

settlement EA/Legal

While matter is in court, also explore amicable

settlement EA/Legal

Dispute issettled

amicably

Develop and sign relevant agreement to reflect

settlement (and pay agreed compensation where

appropriate)

Legal/EA

Continue with court case while working with

community leadership and landowners/claimants to

ensure work is not interrupted pending resolution of

dispute/claim

Legal/EA

Continue with court case while working with

community leadership and landowners/claimants to

ensure work is not interrupted pending resolution of

dispute/claim

Legal/EA

Receive and investigate claims/disputes/complaints

by Landowners/property owners or third parties

EA

Receive and investigate claims/disputes/complaints by Landowners/property owners or third parties

EA

Advise legal and Engineering of the

merits of each claim/dispute/complaint

EA

Advise legal and Engineering of the

merits of each claim/dispute/complaint

EA

Involve relevant Community leadership in

amicable resolution of claim/dispute/complaint

EA

Involve relevant Community leadership in

amicable resolution of claim/dispute/complaint

EA

If landowners/claimants/ third parties get their solicitors involved in

dispute/claim – Notify and get WAGP legal involved

EA

If landowners/claimants/ third parties get their solicitors involved in

dispute/claim – Notify and get WAGP legal involved

EA

Matter cannot be settled amicably

Matter is settled

amicably

Develop and sign relevant agreement to reflect settlement (and pay

agreed compensation where appropriate)

Legal/EA

If landowners/claimants/third parties sue CNL or any other

CVX or Sponsor entity –Notify CNL legal and WAGP

legal and coordinate reaction/handling by WAGP

Legal

EA

If landowners/claimants/third parties sue CNL or any other

CVX or Sponsor entity –Notify CNL legal and WAGP

legal and coordinate reaction/handling by WAGP

Legal

EA

LEGEND: Lead Responsibility

Commercial/Legal

Engineering

External Affairs

LEGEND: Lead Responsibility

Commercial/Legal

Engineering

External Affairs

Commercial/Legal

Engineering

External Affairs

Commercial/Legal

Engineering

External Affairs

If dispute is taken to court and/or WAPCo is sued – Notify Legal and provide detailed facts to Legal in

response to claim EA

If dispute is taken to court and/or WAPCo is sued – Notify Legal and provide detailed facts to Legal in

response to claim EA

Instruct local counsel to represent WAPCo and any other sued Sponsor

party in court Legal

Instruct local counsel to represent WAPCo and any other sued Sponsor

party in court Legal

While matter is in court, also explore amicable

settlement EA/Legal

While matter is in court, also explore amicable

settlement EA/Legal

Dispute issettled

amicably

Dispute issettled

amicably

Develop and sign relevant agreement to reflect

settlement (and pay agreed compensation where

appropriate)

Legal/EA

Continue with court case while working with

community leadership and landowners/claimants to

ensure work is not interrupted pending resolution of

dispute/claim

Legal/EA

Continue with court case while working with

community leadership and landowners/claimants to

ensure work is not interrupted pending resolution of

dispute/claim

Legal/EA

Receive and investigate claims/disputes/complaints

by Landowners/property owners or third parties

EA

Receive and investigate claims/disputes/complaints by Landowners/property owners or third parties

EA

Advise legal and Engineering of the

merits of each claim/dispute/complaint

EA

Advise legal and Engineering of the

merits of each claim/dispute/complaint

EA

Involve relevant Community leadership in

amicable resolution of claim/dispute/complaint

EA

Involve relevant Community leadership in

amicable resolution of claim/dispute/complaint

EA

If landowners/claimants/ third parties get their solicitors involved in

dispute/claim – Notify and get WAGP legal involved

EA

If landowners/claimants/ third parties get their solicitors involved in

dispute/claim – Notify and get WAGP legal involved

EA

Matter cannot be settled amicably

Matter cannot be settled amicably

Matter is settled

amicably Matter is

settled amicably

Develop and sign relevant agreement to reflect settlement (and pay

agreed compensation where appropriate)

Legal/EA

If landowners/claimants/third parties sue CNL or any other

CVX or Sponsor entity –Notify CNL legal and WAGP

legal and coordinate reaction/handling by WAGP

Legal

EA

If landowners/claimants/third parties sue CNL or any other

CVX or Sponsor entity –Notify CNL legal and WAGP

legal and coordinate reaction/handling by WAGP

Legal

EA

Page 151: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-23

compensation payable, the matter would go before the courts. The Act also provides for resolution of disputes as to compensation by a magistrate or the High Court. Pending such resolution, the holder of the right remains entitled to enter onto the land in the meantime.

5.3.4.2 Eminent Domain Declaration

WAPCo will acquire land or the right to use land through negotiated agreement, with the use of compulsory acquisition only as a last resort should negotiations fail. This is not expected. Indeed, negotiations are being successfully completed.

5.3.4.3 Jurisdiction

The High Court of the State has jurisdiction over disputes arising in relation to title over land.

5.4 Valuation Methods

A general principal adopted in the formulations of the compensation valuation is that, in accordance with World Bank Group guidelines, lost income and assets will be valued at their full replacement cost; and project-affected populations should experience no net loss. As such, WAPCo applies the following principles in valuation and compensation payments:

• When graves, shrines, and tombs are affected, WAPCo will move these, at its own expense, to a place the affected families and persons may choose elsewhere on their property. Should they be privately owned and their owners suggest other options, these will be accommodated by the project in consultation with community leaders. Should the communities prefer, a mutually agreeable price to pay for the move will be made.

• Economic crops and trees will be evaluated on the basis of OPTS rates. In Nigeria, updated and inflation-adjusted rates are based on maximum farm gate prices or the rates determined by independent assessors’ market value consideration, whichever is higher. Since OPTS rates are given, the replacement values of income stream considerations are made on a sample basis to ensure that adjusted OPTS rates correspond or exceed these values.

• Houses and properties, including such physical assets as water wells, irrigation structures, fences, and livestock pens are valued on the basis of full replacement costs. All land will be compensated at a value no less than its full replacement value. The income stream from all immovable assets will be taken into consideration in willing-buyer/willing-seller negotiations.

• Improvements made to previously owned agricultural land, such as the addition of irrigation infrastructure or improved soil quality through the use of fertilizer, will be reflected in valuation and compensation arrangements as negotiated with the seller.

• Payment will be for a single land parcel if the severed parcel comprises more than 50 percent of the affected plot, subject to negotiation, thereby taking into account the economic viability of orphaned land5;

5 This will be applied only at the request of the landowner. Until May 24, no such requests had been received.

As a result, this option has not been reflected in the compensation matrix presented in Chapter 6.

Page 152: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-24

• Standing crops will be compensated at their full market value, to be paid directly to crop owners within nine months of the Final Investment Decision, and prior to the start of construction on the affected plot.

In Nigeria, all issues relating to valuation of crops, land, and buildings, are handled by Estate Surveyors.. WAPCo retained the services of an independent Estate Surveyor to oversee valuation of all affected assets. Communities also retained their own Estate Surveyors to conduct valuations and negotiations on their behalf. Compensation procedures are described below (Section 5.4.3).

5.4.1 OPTS Standards

Operators in the oil and gas sector have devised a means of compensating local communities, without being seen as contravening the provisions of the Land Use Act, which effectively removed the concept of a freehold interest in land and vested the title in either the Governor or the Local Government. This device is the “Payment for Deprivation of Use of Land,” and payment is regulated by the Oil Producers Trade Section (OPTS), which provides a compensation payment schedule (Annexes 5.1-5.4).6 The Oil and Gas Sector compensates local communities impacted by projects through the “Payment for deprivation of use of land.”

For the ROW, WAPCo intends to pay for crops and economic trees on the land based on the OPTS principle of quantifying the crop or economic tree, using rates established by the OPTS with provision for inflation relative to the dates of the last negotiations of the OPTS rates. The schedule lists the amount payable for crops (rate per hectare) and economic trees (rate per unit/tree) in Nigeria. Maximum farm gate prices are provided for crops and trees. The OPTS schedule also lists compensation rates for manmade structures relocated due to land acquisition and for natural land that is acquired. The Estate Surveyor documented land valuations of all natural and manmade improvements, e.g water wells/boreholes.

Government rates for land and agricultural consideration are to be identified for purposes of (i) comparison with OPTS rates and (ii) negotiation. However, it should be noted that the OPTS rates are always higher than the Government rates in all circumstances. Moreover, since the law in Nigeria is for payment of what is on the land only and not for the land, WAPCo is going beyond the Government requirements by providing compensation for land.

Further details of entitlements and compensation policies are provided in Chapter 6.

5.4.1.1 Adjustment of OPTS Rates

The OPTS rates were last reviewed in 1998. While some communities may consider the rates inadequate, they remain the established schedule for compensation in Nigeria. During project scoping meetings, communities raised the issue that the rates may be inadequate and requested a 100 percent increase. WAPCo evaluated compensation payments on the basis of the 1998 OPTS standards and adjusted for inflation. For land, WAPCo is offering 10 times the 1998 OPTS rates

6 Annexes 5.1-5.4 present sample OPTS rate schedules for: Structures/Natural Features; Economic Crops and

Trees; Natural Features/Land; and Natural Features/Land: Siltation/Pollution/Loss of Use.

Page 153: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-25

plus a 50-75 percent increase over these values during negotiations with owners. For crops, WAPCo is offering OPTS rates plus 50-75 percent during negotiations with owners.

5.4.2 Basic Principles Underlining Valuation

5.4.2.1 Valuation of Assets

5.4.2.1.1 Productive Assets

For the valuation of all productive assets (e.g., irrigation structures, wells, pastures, and land), WAPCo will use the adjusted OPTS rates, ensuring that they are equivalent or higher than the full replacement cost. Under this approach, compensation for the property is determined by the present cost of materials used on the property, i.e., the cost of the asset if produced today, including the use of modern materials and construction techniques. Replacement cost is the money required to construct a property of utility equal to the one being appraised on nearby land of at least equivalent quality and size. As already mentioned, the land and other assets will not be expropriated, but will be purchased based on willing-buyer/willing-seller principles, using adjusted OPTS rates as a basis for negotiations. Despite the fact that the land ultimately belongs to the state, in practice, individual ownership is deeply rooted in the project areas as an institution. This allows the project to enter into land purchase negotiations with affected owners and users. By May 2004, no cases had been noted that would require recourse to Eminent Domain.

5.4.2.1.2 Valuation of Economic Crops and Trees

The valuation approach is to (i) determine the type of crop, (ii) count the number of crops on the land, (iii) apply the 1998 OPTS rates to establish the amount payable, and (iv) adjust, where appropriate, the final valuation for inflation. The OPTS rates list the maximum farm gate prices for economic crops and trees. There will be no additional adjustment of these rates other than as indicated for inflation and per the rules of OPTS. Where payment is effected in US dollars the dollar inflation rate will be applicable.

5.4.2.1.3 Valuation of Immovable Assets and Infrastructure, Including Residential Homes, Barns, and Other Structures

Houses and properties, including such physical assets as water wells, irrigation structures, fences, livestock pens, graves, and tombs are valued on basis of full replacement costs. The rates used are open-market or replacement cost.

During the time of the Estate Survey, even though a cut-off point had not been established, the affected plot owners were told that no other assets than those identified by the Estate Surveyors would be compensated for. However, this was done in March 2004, in accordance with the legal framework described in Chapter 3 and Section 5.3.3.5, above. While some residential structures incomplete in 2003 could have been completed during the period between the completion of the Estate Survey and the declaration of the cut-off point, the ongoing negotiations show that this has not been done. Nevertheless, if at the time of the final negotiations some homes appear to be more complete and/or contain additional immovable assets, compensation will be provided to

Page 154: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-26

cover these additions. This is reflected in the budget set aside for land acquisition and resettlement.

5.4.2.1.4 Valuation of Severed Parcels of Land

As discussed in Chapter 6, land acquisition for the project right of way and ancillary facilities will affect a substantial number of plots. Some plots may become unprofitable to cultivate for the duration of both construction and operation phases. Valuation of severed parcels of land will be examined by WAPCo on a case-by-case basis and will take into account whether the orphaned area remains economically viable. If the severed area is greater than 50 percent of the affected plot, WAPCo will pay compensation for the single plot, subject to negotiation. If the severed area is less than 50 percent of the single affected plot, WAPCo will pay compensation for the affected portion, subject to negotiation. This compensation will be based on the same compensation rates or negotiation principles applicable to the area of land within the project corridor.

5.4.2.2 Verification of Valuation Rates

WAPCo, with assistance from the Estate Surveyor, will identify government valuation rates for land and agricultural consideration for purposes of comparison and negotiation. It should be noted that the OPTS rates are higher than the government rates in all cases. Competing land and property payment rates in the area will also used for comparison. Final negotiated values are expected to be 50 to75 percent higher than the OPTS rates fully adjusted for inflation.

5.4.3 Compensation

After studying the nature of the losses due to the project activities and reviewing the community practice in compensation issues as well as in consultation with the affected landowners and tenants, WAPCo will compensate according to the following three options: (1) cash compensation, (2) replacement, or (3) relocation and reconstruction. As already mentioned, several rounds of consultations showed affected people’s preference for cash.

5.4.3.1 Cash Compensation

Cash compensation based on the valuation approaches detailed above will be offered to landowners and users, as appropriate. In keeping with the World Bank Group’s guidelines, this is particularly appropriate (a) where land is not the preferred option of the affected persons; (b) where livelihoods are land based but the land taken for the project is a small fraction of the affected asset and the residual is economically active; (c) where active markets for land, housing, and labour exist, and where displaced persons use such markets and there is sufficient supply of land and housing; or (d) where livelihoods are not land based.

Following negotiation with the registered landowner or land use, if preference is given for cash compensation for loss of non-moveable assets rather than replacement/reconstruction, WAPCo will provide cash compensation.

The communities’ Estate Surveyors have indicated in a draft Letter of Intent that the cash compensation offer will be accepted, with values based on WAPCo’s Estate Survey Report,

Page 155: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-27

which reflects a 50 percent increase over OPTS rates for crops, economic trees, buildings, and structures, and a 75 percent increase for permanently acquired land.

Payment will be provided in the form of cash, check, or bank deposit, directly to the affected owners and other affected claimants. For those affected people with bank accounts who wish to receive payment directly to their accounts, this will be done. Checks or deposit slips will be given to each holder of occupancy or to tenants, organizations, or communities in the presence of local government officials. Otherwise, for those affected claimants who do not have a bank account, the cash or a check can be given to them, as per their wishes, in the presense of village leaders and members of their communities.7

5.4.3.2 Replacement Land

Where the landowner prefers replacement land8 in lieu of cash compensation, WAPCo will provide alternative land. Land at Agbara Estate and in the vicinity of Otta has been identified as replacement residential land for certain landowners. Suitable agricultural replacement land has also been identified, which is either of similar quality or will be prepared accordingly. WAPCo is committed to working with each affected individual or household to ensure that they accept the option to receive replacement land, and then to identify acceptable replacement parcels. WAPCo will acquire the identified replacement land on their behalf and subsequently transfer ownership to the households.9 Households will then claim occupancy prior to the demolition of their identified land. The same procedure will be used for homes, individual plots, and commercial entities.

However, as of May 2004, no claimant has chosen the option for in-kind replacement. Should such a claim arise, suitable land is available and will be provided (Annex 5.5).

7 WAGP will pay after FID and preferably into a bank account of the owner. In Nigeria it is illegal to carry a

large sum of money in cash. Most of the landowners in Nigeria are rural and do not have bank accounts. There was a rumor in Igbesa that the Oba had concluded arrangements with a local bank manager to deduct a certain amount of money from each claimant when the money was paid. Therefore claimants might not be favorably disposed to bank payments. In light of the above, WAGP may need to encourage the claimants to have their own bank accounts into which the compensation can be paid directly.

8 The Estate Agent has confirmed that replacement plots are very much available along Ota-Ewekoro and Ota-Idiroko axis, not far from Alagbado gas terminal. Each residential plot, measuring 120 x 60 feet, currently sells for between N300, 000 and N350, 000. As shown by various investigations and reported in the OPIC report, replacement land is available.

9 As indicated, replacement land is available but cash compensation is demanded by the affected people. Investigations reveal the wide-scale availability of rental homes and land. In the Alagbado axis, rents for single rooms, very popular among the urban poor, range from N 800 to N 1,200 ($5 to $9) per month. Two-bedroom and three-bedroom apartments, the sort of accommodation popular among the middle class, go for N3,000 to N5,000 (US $20-45) per month, while more prosperous individuals live in detached and semi-detached bungalows, paying between N10,000 and N15,000 (US $90-135) per month. It is usual for prospective tenants to be required to pay one or two years advance rent before they move into the estates. This rent is applicable in much of Lagos and the surrounding areas. Allocation of land for rental purposes in these areas is usually done in acres (1 acre =6 plots), and the rent is about N2, 500 to N3, 000 for an acre/per annum. Also payments may be made in kind. For instance, the tenant will pay the landlord a certain amount of the crop that he/she is growing on the land. Another form of payment is for the landlord to take the tenant to work on another farm (e.g., the landlord’s farm) during harvest in lieu of rent.

Page 156: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-28

5.4.3.3 Relocation and Reconstruction

This option is recommended for any common property resources, public structures, cultural properties as well as infrastructure within the project affected area.. WAPCo intends to relocate/reconstruct cultural structures, such as shrines, that will be affected by the project. WAPCo likewise, if required, intends to relocate/reconstruct any common infrastructure, such as sewage lines, that may be affected by the project, on which stakeholders do not have personal claims yet derive various benefits. It should be noted, however, that the practice is to go under the infrastructure rather than relocate the utility.

Following negotiation with the registered landowner or land user, if preference is given for cash compensation for loss of non-moveable assets rather than replacement/reconstruction, WAPCo will provide cash compensation at the full replacement value.

5.4.3.4 Disbursement of Compensation in Disputed Cases

Where the interests injuriously affected are those of a local community, under Section 21 of the Oil Pipelines Act, the Court may order the compensation to be:

• Paid to any chief, headman, or member of that community on behalf of such community; or

• Paid in accordance with a scheme of distribution approved by the court; or

• Paid into a fund to be administered by a person approved by the court on trust for application to the general, societal, or educational benefit and advancement of that community or any Section thereof

Chapter 6 details the project’s various mitigation measures, including income restoration and replacement. WAPCo intends to pay compensation after FID and before mobilization for construction. If payment is delayed beyond the period agreed upon with the landowners, bank rate interest will be added for the delayed period, which complies with national law10.

5.5 Implementation Roles and Responsibilities

The roles and responsibilities of WAPCo, Estate Surveyors, and external agencies with regard to RAP implementation are detailed below. There are additional roles and responsibilities associated with the RAP that are yet to be defined for the project.

5.5.1 WAPCo Roles

Responsibilities for commitments proposed in the RAP exist within WAPCo and are delegated internally and to qualified contractors such as estate surveyors. A well defined organizational structure exists, with all units and staff assigned to specific roles associated with resettlement, including impact minimization, census and inventory preparation and confirmation, consultation and feedback, compensation negotiations, and land acquisition and registration as well as monitoring and reporting.

10 Late payments will be made only under exception circumstances. Otherwise, the project intends to pay all claimants well ahead of the construction schedule to ensure the smooth transition of title from owners to WAGP.

Page 157: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-29

Figure 5.5-1 presents the organization of WAPCo’s RAP implementation team. Various WAPCo departments will be involved in the RAP implementation, under the overall direction of the project director, construction management agreement (shaded in red in Figure 5.5-1), who reports directly to the WAPCo managing director. A special unit referred to as the RAP management team (shaded in green in Figure 5.5-1) will work with the project director to ensure RAP implementation as well as to carry out internal monitoring. The core responsibilities for RAP implementation will rest with the community relations staff, although a number of departments (shaded in yellow in Figure 5.5-1) within WAPCo’s overall organization will have roles in RAP implementation. Responsibilities of various WAPCo departments will include the following:

• External Affairs (EA) is currently responsible for facilitating liaison with communities as well as government agencies to facilitate stakeholder consultations throughout the life of the project. Following FID the Government Relations reps will report to WAPCo General Manager, Corporate Affairs, with Community Relations maintaining it’s reporting relationship to the Project Director

• Health, Safety and Environment submits Estate Survey and socioeconomic surveys as part of the EIA and RAP approval process, including public notification and public hearings;

• Engineering identifies alternative project sites and pipeline routes, contracts and supervises Estate surveyors, works with landowners and tenants on verifying their titles and conducts negotiations on compensation payments;

• Legal provides advice to the WAPCo team, including verification of power of attorney and drafting of legal agreements with affected parties; and

• Accounting processes payments to the affected people.

In addition, a number of the central and federal government agencies have legal responsibilities in the implementation of the RAP. They include State Ministry of Lands and Housing, Bureau for Lands and Survey, Office of State Surveyor General, Town Planning Division, Forestry Research Institute of Nigeria, Department of Petroleum Resources, State Ministry of Tourism/Tourism Board, as well as local government councils and traditional leadership.

Page 158: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-30

F ig u re 5 .5 -1 : W A P C o R A P T e a m O rg a n iz a tio n C h a rt

W A P C o M anag in g D irec to r

G ene ra l M an a g e r O p e ra tio n s

G en e ra l M an a g e r F in a n ce

G en e ra l M an a g e r C o rp o ra te A ffa irs

G en e ra l C o u n se l

G en e ra l M an a g e r B u sin e ss an d C o m m erc ia l

D ev e lo p m e n t

G o v e rn m en t R e la tio n s R ep . B en in

G o v e rn m en t R e la tio n s R ep . G h an a

G o v e rn m en t R e la tio n s R ep . T o g o

G o v e rn m en t R e la tio n s R ep . N ig e ria

O u ts id e C o u n se l B en in

O u ts id e C o u n se l G h a n a

O u ts id e C o u n se l T o g o

O u ts id e C o u n se l N ig e ria

P ro jec t M an ag e r T ech n ica l S e rv ice s

A gree m e n t P ro jec t D irec to r

C o n s tru c tio n M an a g e m en t A g ree m e n t

C o m m u n ity R e la tio n s S u p e rv iso r

H ea lth S a fe ty E n v iro n m e n ta l

M anag e r

B u sin ess a n d P lan n in g M a na g e r

E n g in ee rin g a n d C o n s tru c tio n M an a g e r

C o m m u n ity R e la tio n s R ep . B en in

C o m m u n ity R e la tio n s R ep . G ha n a

C o m m u n ity R e la tio n s R ep . T o g o

C o m m u n ity R e la tio n s R ep . N ig e ria

L ead O n sh o re E ng in ee r

L ead O ffsh o re E n g in ee r

S ta tio n C o n s tru c tio n

S u p e rin te n d en t

P ip e lin e C o n s truc tio n

S u p e rin te n d en t

R & M S ta tio n s • T ako rad i • C o to n o u • L o m e • T em a

O n sh o re P ip e lin e s • B en in • G h a na • N ig eria • T o g o

O ffsh o re P ip e lin e s • M ain L in e • B en in L a te ra l • G h a n a L a te ra ls • T o g o L a te ra l

K E Y

R A P Im p le m e n ta tio n M an ag e r

R A P Im p le m e n ta tio n R o le

R A P M an ag e m e n t T ea m (m o n ito rin g a n d im p le m en ta tio n su p p o rt)

Page 159: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-31

5.5.2 Key Responsibilities

5.5.2.1 Land Acquisition and Negotiation

The RAP Implementation Team aims to implement (i) the land and asset acquisition, (ii) the compensation plan, and (iii) all RAP project resettlement requirements as defined by this RAP.

The organization of the RAP Implementation Team is as follows:

1) Negotiation Team Leader;

2) Community Relations Representative;

3) Government Relations Representative;

4) Communications Representative; and

5) Estate Surveyor.

5.5.2.2 Compensation

Based on values assessed by the Estate Surveyor and negotiated with affected persons by Engineering and the Estate Surveyor, and as stated in contracts developed by the Legal Department, Accounting and Engineering will process and make the actual payments, respectively, to affected persons within nine months after the FID and before the start of construction on affected lands.

WAGP will pay the negotiated sum to each claimant directly (into their own bank accounts if available). For affected claimants who do not have a bank account, payments can be made in cash or with a check in the presence of village leaders or other persons of their choice. No claimant will receive payments indirectly through agents or other intermediaries.

5.5.2.3 Resettlement, Including Provision of Homes

Included in its responsibility for land acquisition, External Affairs bears primary responsibility for the oversight and supervision of this Resettlement Action Plan, including purchase and transfer of ownership of in-kind replacement land should that option be accepted by affected persons, and ensuring that any person who will lose a residential structure will have access to housing prior to the demolition of the affected structure. Adequate time will be allowed after payment and prior to mobilization to ensure that affected persons are able to move their homes, as well as commercial and agricultural activities to new sites. Cash and in-kind compensation will be in amounts no less than the full replacement value.

By mid-May 2004 none of the affected persons had chosen to receive in-kind compensation. However, should any such person emerge, in-kind land will be provided.

5.5.2.4 Land-for-Land Arrangements

Institutional analysis is being conducted to determine the agencies relevant to implementing land-for-land arrangements. Replacement land is to be provided by WAPCo at the Agbara

Page 160: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-32

Estate or Otta in Ogun State in cases where in-kind replacement is the preferred option of the landowner and the available land has characteristics such that it will fully replace land to be acquired by WAGP. The RAP Implementation Team will oversee the implementation of land-for-land arrangements.

5.5.2.5 Preparation of Newly Allocated Land for Cultivation

Any land allocated under the land-for-land arrangements will be prepared accordingly by WAPCo for the landowner. WAPCo’s RAP Implementation Team will supervise this process.

5.5.2.6 Reinstatement of Land

Reinstatement of land falls within the scope of the contractor and will be performed at the end of the construction period per the project stipulations and the EIA mitigation plan.

5.5.3 External Roles and Responsibilities

5.5.3.1 Estate Surveyors

Estate Surveyors are responsible for all issues relating to valuation of crops, land, and buildings. In general, their professional competencies relate to Estate Agency, Project Management (community development), Valuation, Feasibility and Viability Reporting, Assessment, and Compensation. Relatively fewer firms have extensive experience with compensation; however, WAPCo has identified the best-qualified firms in this area.

WAPCo’s Legal Counsels and contracted Estate Surveyors will complete documentation regarding the land acquisition as required and register the agreements after payment to identified landowners is made.

Communities have also hired independent Estate Surveyors to conduct land and asset valuation. These agents are granted Power of Attorney to negotiate on the community members’ behalf.

5.5.3.2 Government

The Nigerian Government advised WAPCo of survey requirements, issued the Permit to Survey (PTS), and will grant the final permits.

5.5.3.3 Key Organizations in Ogun and Lagos States

The key external institutional roles and responsibilities concerning land and asset acquisition in Ogun and Lagos States are provided below. As noted in Chapter 3, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each state that determines disputes as to the amount of compensation payable under this Act for improvements on land. This Committee would also be responsible for advising the Governors on any matter connected with resettlement. The role of the Department of Petroleum Resources has been summarized in Chapters 1 and 3.

Page 161: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-33

5.5.1.1.1 Ogun State

The Bureau for Lands and Survey, Abeokuta, is the main government agency in Ogun State. The Bureau has a good knowledge of landownership in the State, and also has its own Estate Surveyor who will take part in the assessment and arrive at his own valuation.11

WAPCo will also be relying on the traditional Authority in the relevant LGAs, the most prominent being the Olota of Otta, and the Akran of Badagry. WAPCo will also seek out the local chiefs, and community leadership for assistance in identifying landowners as well as resolution of disputes. WAPCo may consult with the Local Government Council, in accordance with the Land Use Act, which vests the administration of rural land with this Council.

5.5.1.1.2 Lagos State

In Lagos, the State Ministry of Lands and Housing, Alausa, is vested with responsibility of administration of land in the State. However, the role of the Ministry is limited since the project is primarily seeking to acquire rights to rural lands. The provisions of the Land Use Act vest the administration of rural land in the hands of the Local Government Council; in reality, the community leadership and traditional authorities remain the custodians of rural land, and play a vital role in determining ownership and resolving disputes. It should be noted that the length of the ROW at the Lagos end is far less than that in Ogun State. The Oba of Badagry will be involved as appropriate in addition to the community leaders and local Bales.

5.5.4 RAP Fund

Once the World Bank Group approves the RAP and WAPCo arranges the transfer of the occupancy certification, a special budget will be established to meet all regular costs of land acquisition and resettlement. When the assessments, negotiations, and process of revocation are completed, WAPCo will launch its voluntary Community Development Programs.

A separate and modest RAP Fund will be established to address issues concerning the relocation of cultural assets such as graves, shrines,12 etc., as well as to deal with accidental problems including those that have not been anticipated in the project but were reported for other pipeline projects. For instance, in the case of other projects financed by the World Bank Group, it was decided to make alignment adjustments after the entry to a particular plot was completed. As a result, areas far larger than the originally anticipated corridor were affected. If a special RAP Fund (or a large contingency) were not available to make immediate payments to the affected claimants, the construction process could not have proceeded smoothly.

11 The summary of steps include: (a) WAPCo writes a formal letter to the Bureau informing it of the project’s intention to acquire the proposed Right of Way, attaching a survey map showing the entire ROW; (b) The Bureau arranges for a joint inspection visit to the proposed Right of Way; (c) WAPCo places a notification and description of the ROW in local and national newspapers, and members of the public are invited to comment within a period of 21 days; (d) WAPCo conducts a Public Hearing in the community, followed by an additional 21-day period to collect public comment. This establishes a deadline to register comments and disputes; (e) Based on the outcome of the hearing and comment period, and contingent on the negotiation of outstanding disputes, a Certificate of Occupancy would be granted to WAPCo by the Bureau.

12 Provided that the communities do not demand cash compensation to remove these assets themselves.

Page 162: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-34

5.5.5 Community Development

WAPCo has identified community development objectives as follows:

• Identification of critical needs and “high-yielding” community development strategies

• Local self-reliance and avoidance of paternalism or dependency

• Partnerships with qualified NGOs, other private companies, international agencies, and other members of civil society who will take the lead in program execution

• Facilitation for better service delivery to local communities from governments and development institutions

WAPCo’s Community Development Program intends to emphasize capacity-building, training, and institutional strengthening rather than “bricks and mortar” projects or activities that require continued WAGP support. The overall objective is to help communities increase their productivity and competitiveness in the marketplace so that they can make long-term social and economic improvements.

In Nigeria, WAPCo has initiated stakeholder consultations and participatory needs assessments (PNA) using local social scientists, separate from EIA assessments, to determine an appropriate direction in line with its evolving community development objectives.

WAPCo’s consultations and PNA work validate EIA socioeconomic conclusions in Chapter 5, in that WAGP faces a unique opportunity to promote effective access to clean water, elementary health care and education for its neighbors and to improve their quality of life.WAPCo’s preliminary efforts have encouraged community members to identify and prioritize their own needs, and which are then filtered through a set of WAPCo “value drivers” to determine which projects will have the greatest impact on health, education, income generation, etc. This approach replaces “top down” models of assistance and corporate philanthropy, in which remote “professionals” try to guess what will be most effective or appreciated. WAPCo Value Drivers include:

1. Impact Spread benefits as evenly as possible within impacted communities with an aim toward poverty alleviation through high “value-added” social and economic initiatives

2. Sustainability Local “ownership” of projects, encouraging self-reliance and avoiding dependency

3. Project Management

Partnership opportunities, transferability, optimizing existing resources, and minimizing direct WAGP involvement in implementation

Page 163: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-35

Consultations and the results of the PNA Work indicate the following initial priority areas during WAGP construction and in the first few years of operation in Nigeria (Ibid.).

• Youth and development (technical skill training, apprenticeships)

• Scholarship programs

• Community and preventive health program (clinics and education)

• Clean water supply

WAPCo’s focus during this initial timeframe will be on Education and Healthcare support and overall fixed budget commitments towards these objectives are being finalized. The PNA work also identified future opportunities in terms of income generation and capacity building that can be incorporated into later year operating budgets.

Distribution of fixed budget benefits will be based on an overall geographic allocation in terms of “community impact” of WAGP operations.

Implementation plans are being developed, with initial efforts focused on:

• Continuing consultation, communication, and feedback to WAGP communities;

• Initial and annual prioritization processes to determine specific communities to receive that year’s benefit as well as specific projects to implement;

• Development of written agreements with communities in terms of benefits and WAPCo’s conditions for the communities to receive the benefits;

• WAPCo resources, administration, and other infrastructure to support a sustainable Community Development program;

• Further assessment of partnership opportunities, including WAGP EPC contractors, NGOs, and government in terms of general financial support as well as specific project implementation.

5.6 Implementation Issues and Solutions

There are a number of land acquisition implementation issues that WAPCo has successfully addressed and/or is in the process of addressing

5.6.1 Ensuring Accurate Registration and Compensation Disbursement

WAPCo will register all agreements in the land registry and court. These measures will help ensure that the list of affected owner/users has been properly and accurately documented and recorded in the public domain. To reduce compensation disbursement disputes, photographs of recipients of payments will be made, and the Estate Surveyor will arrange for meetings of landowners with the payees.

Page 164: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 5

June 2004 Nigeria Final Draft RAP Rev 1 5-36

5.6.2 Identification of Absentee Owners

The public hearing forum and meetings with communities and community leaders have been used to identify absentee landowners in all countries.

5.6.3 Resolution of Owner Disputes

While there have been no difficulties in establishing ownership and rights in most affected communities along the right of way, there are a few communities/families where there are ownership disputes. WAPCo is working closely with its Estate Surveyors, the affected communities, and their representatives to resolve these disputes.

Page 165: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-1

Chapter 6 Project Impacts and Mitigation Measures

6.1 Summary of Land Acquisition In Nigeria, the affected areas are situated between the Alagbado “Tee” and the Atlantic Ocean, south of Ajido. The dimensions and layout of the WAPCo ROW are described in Chapter 2. The owners of these lands are individuals and communities from 23 communities located along the pipeline ROW. The communities are situated from the Alagbado Tee to the shore crossing (roughly northeast to southwest) as indicated in Figure 6.1-1. Annex 6-1 provides data obtained from the Estate Survey and Valuation Assessment undertaken in the affected areas in 2003.

The 23 affected communities have a total population of approximately 90,000 people. They include Itoki, Ijoko, Alade, Owode, Ajibode, Ewupe, Atuwara, Abule Benja, Igbo Oloye, Arobieye, Abiola, Okoomi, Ore Akinde, Edu, Agbara, Igbesa (Agotutun), Ilogbo Ijobun, Ilogbo Eremi, Agunmo, Araromi Ale, Imeke, and Ajido.

The Estate Survey conducted in 2003 for the purposes of WAGP identified the exact demarcation of land plots, including affected segments that will be acquired by the WAGP project. They include a total of 2,578 land plots that comprise over 10,212 land segments and are claimed by to 2,485 individuals. These claimants who are classified as directly affected people include 1,557 landowners and 928 tenants. Majority of them are farmers, males, under 55 years of age, Youruba by ethnic affiliation and are originally from their respective communities. Table 6.1-1 shows, for each community, the characteristics of land segments that lie within the plots to be acquired and the total area of the land that will be acquired (Estate Survey 2003).1 In the more detailed version of the Estate Survey, the area occupied by each type of crop and/or structure is provided. The data show some differences in the types of impacts among communities.

Generally, in each of the 23 affected communities some agricultural land and wooded areas are affected. In some communities (e.g. Ilogbo), crops include those used for medicinal purposes and are thus of high commercial value. In other communities, flowers are planted for commercial purposes (e.g. Itoki). Finally, in a number of communities, primarily stable food crops are cultivated. Many communities have wooded plots. However, of the total number of 10,212 segments within the plots to be acquired only 305 contain hard wood trees and 518 have softwood of varying numbers, maturity and type.

1 As indicated in Chapters 1 and 4 of in this report, “plot” refers to project-affected land that will be

acquired by WAPCo. “Plots” may contain one or more “segments” that represent different land uses, such as houses, agricultural fields, or fish ponds. The Estate Survey provided data about the area of plots and land uses of segments within them. It did not provide data about the area or nature of land holdings outside the plots to be acquired.

Page 166: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-2

Water resources such as fishing ponds and streams are found in a limited number of segments but in many of the affected communities (Tables 6.1-1 and 6.1-2). The project impacts on residential structures are not universal, with Ijoko and Etere not being impacted at all in this regard.such impacts. There is only one rural health center that will be affected (Ilogbo), but this has not been built yet.

Shrines and graves are reported from many communities, but the effects are limited to very few segments. In three communities there are praying grounds. All of the cultural elements affected are of an informal nature. The insistence by communities and individual owners on obtaining cash compensation for them (instead of having them re-located) hints at their relative low significance in cultural terms.

Page 167: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-3

Figure 6.1.1 Pipeline Route in Nigeria

Page 168: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-4

Table 6.1-1 Area and Use of Affected Land in Project-Affected Areas

Community Land Uses and Features Number of

Affected Plots

Total Area of Affected Land (ha)

Itoki

Agriculture (crops, flowers, medicinal) Wooded areas (hardwood, softwood) Cultural sites (churches, graves, praying

grounds) Residential structures at various stages of

construction completion and other buildings along with boreholes, wells, surface reservoirs, septic tanks

Staking stick Community rights claims land segments Royal/traditional claims land segments

83 3.51

Ijoko

Agriculture (crops, flowers) Wooded areas (hardwood, softwood) Cultural sites (churches, graves, praying

grounds, shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes, wells, surface reservoirs, septic tanks, soak-away pits, pit toilets

Commercial structures and fences Marketplace Community-claimed lands Royal/traditional lands

179 9.25

Alade

Agriculture (crops) Fish pond Stream Wooded areas (hardwood, softwood) Staking stick Cultural sites (shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Wetland Community-claimed lands Royal/traditional lands

36 4.02

Owode

Agriculture (crops) Fish stream Wooded Areas (hardwood, softwood) Cultural sites (shrines, churches) Residential structures at various stages of

construction completion Wetland Community-claimed lands Royal/traditional lands

25 2.14

Page 169: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-5

Table 6.1-1 Area and Use of Affected Land in Project-Affected Areas

Community Land Uses and Features Number of

Affected Plots

Total Area of Affected Land (ha)

Ijako

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Community-claimed lands Royal/traditional lands

6 1.39

Isorosi

Agriculture Wooded areas (hardwood) Community-claimed lands Royal/traditional lands

10 0.75

Ajibode

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Staking stick Cultural sites (shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Community-claimed lands Royal/traditional lands

13 1.84

Ijaliye

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Boreholes and wells Cultural sites (shrines) Community-claimed lands Royal/traditional lands

16 2.96

Ewupe

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Staking stick Bush trap Cultural sites (shrines) Residential structures at various stages of

construction completion and other buildings with boreholes and wells

Community-claimed lands Royal/traditional lands

40 4.93

Etere

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Boreholes and wells Cultural sites (shrines) Community-claimed lands Royal/traditional lands

14 1.12

Page 170: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-6

Table 6.1-1 Area and Use of Affected Land in Project-Affected Areas

Community Land Uses and Features Number of

Affected Plots

Total Area of Affected Land (ha)

Igbango Igberen

Agriculture (crops) Fish stream Wooded Areas (hardwood, softwood) Staking stick Cultural sites (shrine) Residential structure at various stages of

construction completion and other buildings along with boreholes, wells and surface reservoirs

Wetlands Community-claimed lands Royal/traditional lands

33 2.66

Egushi Benja

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Cultural sites (shrine) Residential structure at various stages of

construction completion and other buildings along with boreholes, wells and surface reservoirs

Community-claimed lands Royal/traditional lands

32 4.57

Igboloye

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Staking stick Cultural sites (graves, shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes, wells and surface reservoirs

Canal Community-claimed lands Royal/traditional lands

156 6.52

Arobieye

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Cultural sites (graves) Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Community-claimed lands Royal/traditional lands

35 3.76

Page 171: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-7

Table 6.1-1 Area and Use of Affected Land in Project-Affected Areas

Community Land Uses and Features Number of

Affected Plots

Total Area of Affected Land (ha)

Oloya Abiola

Agriculture (crops) Fish pond Wooded Areas (hardwood, softwood) Cultural sites (graves) Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Community-claimed lands Royal/traditional lands

107 4.53

Itori

Agriculture (crops) Fish stream Wooded Areas (hardwood, softwood) Cultural sites (graves, shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Community-claimed lands Royal/traditional lands

43 3.2

Okoomi Community-claimed lands Royal/traditional lands 275 12.74

Igbesa

Agriculture (crops) Wooded Areas (hardwood, softwood) Staking stick Cultural sites (graves, shrines) Commercial structures (market) Fish stream Community-claimed lands Royal/traditional lands

1,176 26.49

Ilogbo Eremi

Agriculture (crops, medicinal) Wooded Areas (hardwood, softwood) Staking stick Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Hospital and fence works Wetland Community-claimed lands Royal/traditional lands

94 13.46

Page 172: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-8

Table 6.1-1 Area and Use of Affected Land in Project-Affected Areas

Community Land Uses and Features Number of

Affected Plots

Total Area of Affected Land (ha)

Idagha Iyeshi

Agriculture (crops) Wooded Areas (hardwood, softwood) Staking stick Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Borehole/Well Community-claimed lands Royal/traditional lands

34 2.41

Arami Ale

Agriculture (crops, flowers) Wooded Areas (hardwood, softwood) Fish pond Staking stick Cultural sites (shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes and wells

Community-claimed lands Royal/traditional lands

57 6.12

Imeke Agemovo

Agriculture (crops, flowers) Fish Pond Stream Wooded Areas (hardwood, softwood) Staking stick Cultural sites (shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes, wells

Community-claimed lands Royal/traditional lands

58 12.25

Ajido

Agriculture (crops) Fish pond Stream Wooded areas (hardwood, softwood) Staking stick Cultural sites (shrines) Residential structures at various stages of

construction completion and other buildings along with boreholes, wells

Wetland Community-claimed lands Royal/traditional lands

56 5.42

TOTAL 2,578 143.73

Page 173: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-9

Table 6.1-2 summarizes the types of assets on the affected land. I The data points at the tendency that individual plots may have more than one use. Therefore, the numbers in Table 6.1-2 of the total area and number of segments exceed those presented in Table 6.1-1to These lands can be classified as agricultural lands; lands with other assets including those of cultural importance and those with residential and commercial structures, and water resources.. There are a few fishing ponds affected by the project, although the effects on fishing are highly localized and rather limited.

Table 6.1-2 Types of Assets Impacted in the Project Affected Areas

Assets Number of

Affected Land Segments

Total Size of Affected Area

(m2) Agricultural Assets

Structures 8 4,775 Flowers 26 13,900 Hardwood trees 305 49,368 Medicinal plants 5 713 Crops 8,837 1,201,242 Softwood trees 518 68.134 Bush Trap 1 10 Staking Stick 483 16,853 Canal 1 40

Cultural Assets Churches 6 1,890 Graves 16 20 Praying Grounds 3 108 Shrines 60 1,970

Fishing Assets Fish Pond 13 1,188 Fishing Stream 8 8,400 Structures Blockwork Construction 5 15 Blockwork Shop 7 400 Blockwork Shop-Partial 6 980 Blockwork Shop-Foundation 5 375 Commercial Market Square 2 700 Commercial Stand 1 18 Fenceworks 19 6,067 Fenceworks-Foundation 5 800 Generator Shed 3 27 Hospital (planned, not yet built) 1 748 Residential 37 11,250 Residential-Partial 43 16,900

Page 174: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-10

Table 6.1-2 Types of Assets Impacted in the Project Affected Areas

Assets Number of

Affected Land Segments

Total Size of Affected Area

(m2) Residential-Foundation 63 18,170 Shed 11 2,070 Workshop-Foundation 1 25

Water and Sewerage Assets Water Tank 3 220 Borehole/Well 35 1,780 Pit Toilet 3 10 Surface Reservoir 5 1,290 Septic Tank 7 73 Soakaway Pit 13 1,040 Wetlands 8 2,303

Source: Nigeria Estate Survey. 2003.

6.2 Affected Populations: Landowners and Tenants The Estate Survey identified 2,485 potential claimants whose land will be acquired by the project. . Of the 2,485 potential claimants, 1,557 are the landowners while 928 are the tenants.. Figure 6.2-1 illustrates the number of affected landowners in each community. This figure shows that the largest number of affected people resides in Igbesa suggesting that a special attention must be given to this community with respect to livelihood restoration efforts through WAGP’s Community Development Program. The largest section of the pipeline falls in the Igbesa Local Government Area (LGA). In addition, the Estate Survey suggests that there are a higher number of smaller plot segments in Igbesa.

Other claimants are those who use the land for productive purposes, i.e. tenants. In total, there are 928 tenants on the affected plots. Figure 6.2-2 illustrates the location of these tenants. Tenants are more evenly distributed among the affected communities than owners, although a high concentration in Igbesa is still visible.

In both the Estate Survey and the household survey, all owners were fully identified by name, whether they were residents or absentee owners; no effort was made to identify absentee owners as such.

Page 175: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-11

Figure 6.2-1 Number of Affected Owners by Community*

Figure 6.2-2 Affected Tenants by Community*

Source: Nigeria Estate Survey. 2003.

* This figure only includes those communities in which more than 20 owners are affected.

0 100 200 300 400 500 600 700 800 900 1000

Itori

Arobieye

Egushi Benja

Alade

Araromi Ale

Ilogbo Eremi

Imeke/Agemowo

Ajido

Igboloye

Itoki

Okoomi

Ijoko

Igbesa

number of affected owners

com

mun

ities

0 50 100 150 200 250 300 350

Imeke/Agemowo

Ewupe

Idagha Iyeshi

Itori

Itoki

Araromi Ale

Ilogbo Eremi

Igboloye

Oloya/Abiola

Okoomi

Igbesa

number of affected tenants

com

mun

ities

Source: Nigeria Estate Survey. 2003.

* This figure only includes those communities in which more than 20 tenants are affected.

Page 176: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-12

Table 6.2-1 enumerates the owners and claimants by age and gender. The majority of land owners are males, and most of them are younger than 55. With the notable exception of Igbesa community, female landowners make up a significantly smaller portion of the affected owners. In some communities that are only slightly affected by the project (Ajibode, Etere, and Ijako), no female owners have been identified.

Table 6.2-1 Age and Gender Characteristics of Land Owners

(# of owners) Landowners

Younger than 55Landowners

Older than 55Male

Landowners Female

LandownersIgbesa 689 176 627 246 Idagha Iyeshi 12 1 7 6 Ajibode 1 4 5 – Ajido 25 9 33 1 Alade 19 7 21 5 Araromi Ale 8 3 10 1 Arobieye 16 6 22 1 Egushi Benja 14 9 22 1 Etere 2 2 - Ewupe 7 4 10 1 Igangbo Igbereb 4 6 9 1 Igboloye 43 6 48 2 Ijako 1 1 2 – Ijaliye 5 3 2 Ijoko 116 28 128 28 Ilogbo Eremi 10 11 19 2 Imeke/Agemowo 17 8 27 2 Isorosi 3 1 3 1 Itoki 46 16 49 13 Okoomi 73 24 84 14 Oloya/Abiola 3 1 3 1 Owode 12 4 11 6 Itori 9 11 14 7 Overall 1,133 338 1,159 341

Source: Nigeria Estate Survey. 2003.

A variety of tenancy arrangements are found in the affected communities. In some cases, there are long-term lease agreements between landowners and tenants, for which tenants have paid cash at the beginning of the lease term. In such cases, compensation negotiated with the tenants already takes this into consideration. The compensation paid will reflect not only the original amount of the agreement, but also the annual inflation in land costs since the consummation of the agreement.

Accordingly, the entitlements for tenants are limited to affected crops, trees (if planted by the tenants), and structures (including informal irrigation works) that might have been built by

Page 177: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-13

tenants. Also, depending on the contractual arrangements, a portion of affected assets (such as crops) might have to be shared between the owner and the sharecropper.

During the implementation of the RAP, the availability of equivalent land and structures for rental elsewhere will be examined and every effort will be made to provide equivalent assets to the tenants affected if they elect in-kind replacement.

Gender distribution of tenants on the affected land plots is not uniform. Figure 6.2-3 illustrates that the number of female tenants (as well as all tenants) is highest in Igbesa community. However, in 13 communities, there are no female tenants at all.

Figure 6.2-3 Gender Distribution of Tenants on Affected Plots*

6.3 Summary of Land Acquisition Impacts

6.3.1 Impoverishment Risks and Reconstruction Model

The impoverishment risks and reconstruction model for resettling displaced populations “IRRR model” (World Bank, 2000) identifies broad categories of potential impact that may befall displaced communities. Although the model was created primarily for situations where a project causes people to be physically displaced, it can also be applied to situations where productive assets are acquired or affected by a project.

*This figure does not include communities in which there were no female tenants.

Source: Nigeria Estate Survey. 2003.

0 50 100 150 200 250

Igangbo Igbereb

Itori

Ewupe

Araromi Ale

Itoki

Ilogbo Eremi

Igboloye

Oloya/Abiola

Okoomi

Igbesa

Female TenantsMale Tenants

number of affected tenants

com

mun

ities

Page 178: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-14

There are eight broad categories of potential impact:

• Landlessness: the loss of residential and/or productive land

• Homelessness: the loss of housing or shelter

• Loss of Access to Property and Resources: property and resources may be common (e.g., communal lands), may be used by the community (e.g., infrastructure, places of worship) or be private (e.g., private enterprises)

• Joblessness: loss of jobs and of access to job markets in situations where people have employment

• Food Insecurity: loss of food production, of access to markets, or of ability to purchase food

• Increased Morbidity or Health Problems: decline in health

• Community Disarticulation: disruption to or loss of community social systems due to stays in temporary shelter; migration into or out of the community; changes in patterns of livelihood dispersal; breakdown of initial help network

• Marginalization: a measurable drop in economic or social standing

Using these categories, the potential impacts identified for the WAGP project in Nigeria are shown in Table 6.3-1.

Table 6.3-1 Potential Involuntary Resettlement Impacts of WAGP Project in Nigeria

IRRR Category Potential Impact

Landlessness • Permanent loss of land • Permanent restrictions on land use • Severance impacts

Homelessness • Loss of homes and other structures

Loss of Access to Property and Resources

• Loss of cultural property • Loss of infrastructure • Loss or damage to community property and resources • Impacts on fish ponds and fishing streams

Joblessness

• Impacts on few people working in affected commercial assets • Potential loss of jobs for household members when residences

are relocated • Impacts on the agricultural self-employed

Food Insecurity

• Generally none or minor, involving permanent loss of cultivated land

• Temporary loss of agricultural productivity • Loss of trees and perennial crops • Loss of annual/seasonal crops

Increased Morbidity • No potential impact from WAGP identified Community Disarticulation • No potential impact from WAGP identified Marginalization • No potential impact from WAGP identified

Page 179: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-15

These potential impacts and mitigation measures for the adverse impacts in Nigeria are discussed in greater detail below.

6.3.2 Landlessness

6.3.2.1 Permanent Loss of Land

The land to be acquired and the uses that it supports have been described earlier in Section 6.1. Permanent loss of land affects landowners by depriving them of the land itself, their improvements on it (e.g., storage structures, wells), and a source of rental income or income from other land-based enterprises. It affects those who actually work on the land (who in most cases are also the owners) by depriving them of a means of growing crops for consumption and sale (and thus a source of household income) and the benefits of improvements they may have made to the land (e.g., tilling, extensive soil amendment and storage structures). Particularly among the directly affected populations in Nigeria, land is the most important source of household incomes. By comparison, these populations work the land more intensely than those who are not affected, and have higher incomes as a result of their access to land.

Lack of access to land also deprives residents of a location for their homes and associated facilities such as wells (see also Section 6.3.3.1: Loss of Homes and other Domestic structures). It deprives other occupants of a location for their premises (including shops). The Environmental and Social Impact Assessment (ESIA) conducted for the WAGP indicates that shifting agriculture is more common than permanent and consistently farmed plots, thereby making it more difficult to quantify the amount of land lost to the project and its impacts on households.

During the implementation of the RAP, WAGP will make a reasonable effort to identify all joint owners, absentee owners, and, if applicable, the heirs of owners deceased after the estate survey was contacted. In addition, the shares of joint owners on the affected land will be determined; compensation will be based on the shares owned. For absentee owners who do not collect their compensation, the full amount will be kept in an escrow account for them.

6.3.2.2 Permanent Restrictions on Land Use

WAPCo will acquire all land within the project footprint. Thus, access to and use of the land acquired by WAPCo will be governed by the WAPCo Right-of-Way (ROW) Access Policy (Section 2.7). According to the policy, all agricultural activities and other activities currently undertaken on the affected land must cease at the beginning of the WAGP construction phase. There will also be no buildings permitted on the ROW. New activities compatible with the Access Policy, (e.g. livestock grazing and transportation across the ROW) will be allowed on a portion of the ROW during the WAGP operational period. However, livestock grazing has not previously been conducted on any significant scale in the project areas so it is not certain that local residents would make use of the ROW land in such manner. During the lifetime of the project, the ROW vegetation will be cut and maintained periodically.

Page 180: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-16

The restriction on land use will preclude cultivators from continuing to cultivate this land, and deprive them of a source of household income. The same impact applies to fish farmers, and proprietors of shops and businesses on the affected land segments. Loss of household income is addressed under “Joblessness,” below (Section 6.3.5).

Some land identified in the Estate Survey, particularly land used for water-related activities, may be restored following construction as shown in Table 6.3-2.

Table 6.3-2 Assets to be Restored After Pipeline Construction

Land Use Category Number of Plots

Total Area (m2)

Canal 1 40 Praying Grounds 3 108 Fish Pond 13 1,188 Fishing Stream 8 635 Water and Sewerage Assets Water Tank 3 9 Borehole/Well 35 231 Pit Toilet 3 10 Surface Reservoir 5 47 Septic Tank 7 73 Soak-away Pit 13 118 Wetlands 8 1

Source: Nigeria Estate Survey. 2003.

6.3.2.3 Severance Impacts

One of the most important dimensions of severance concerns the difficulty and inefficiency of cultivating land once it is divided by a 25 meter wide pipeline corridor. However, the fact that WAGP will not fence the ROW means that access between severed parcels will not be hindered as seriously as it would have been by fencing. The magnitude of land based severance impacts of the project is difficult to estimate owing to lack of relevant data. These will be considered on a case-by-case basis in negotiations.

Severance impacts would also result from restricted use of transport and water ways. Inhabitants of the communities in the affected areas cross the proposed pipeline route daily to go to school and to work, to collect firewood and to receive healthcare. During construction, access along the roads and footpaths that cross the affected lands will be temporarily restricted or obstructed for short periods of time. Table 6.3-3 identifies 32 roads due to be crossed by the route.

Page 181: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-17

Table 6.3-3 WAGP Road Crossings in Nigeria

Distance Along ROW from Lagos

Beach to Road Crossing (m)

Road Pipe Installation Method

2,054 Ajido – Topo Road (offset to Lagos Beach CS) Thrust Bore 4,265 Imeke/Ajido Road Thrust Bore 8,825 Badagry Expressway Thrust Bore

11,913 Agunmo/Ilogbo Eremi Road Thrust Bore 12,575 Unnamed Road Open Cut 13,118 Ilogbo Eremi Igbolo Road Open Cut 13,459 Okanran Road Open Cut 14,266 Unnamed Road Open Cut 16,494 Unnamed Road Open Cut 18,085 Egudu Road Open Cut 18,809 Ago Titun/Idoyin Road Open Cut 19,854 Ago Titun Road Open Cut 21,677 Agbara /Igbesa Road Thrust Bore 25,004 Igbesa Road Thrust Bore 32,002 Unnamed Road Open Cut 32,572 Unnamed Road Open Cut 34,788 Unnamed Road Open Cut 35,567 Ago Titun Road Open Cut 36,417 Agbara/Igbesa Road Open Cut 37,652 Igbesa Road Open Cut 37,870 Unnamed Road Open Cut 39,142 Unnamed Road Open Cut 39,362 Owode Idi Iroko Road Thrust Bore 41,428 Unnamed Road Open Cut 42,501 Unnamed Road Open Cut 43,416 Owade Ota Town Road Open Cut 45,095 Ilogbo Road Thrust Bore 45,765 Unnamed Road Open Cut 48,686 Ajibode Road Open Cut 49,438 Abeokuta Road Thrust Bore 50,846 Owode Ota Town Road Thrust Bore 54,613 Sango /Ijoko Road Thrust Bore

Source: WAGP. 2003.

The pipeline will be installed under the eleven larger roads using the thrust boring technique, and these roads will therefore not be closed or obstructed at any time during construction. The remaining twenty-one minor roads or tracks will be crossed by the conventional open cut method.

Road and pathway obstruction can affect means of livelihood by:

Page 182: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-18

• Temporarily preventing people from reaching places of work or livelihood activity;

• Increasing travel times or costs for people traveling to places of work, resulting in reduced net gains for time spent at work activities and thus, limiting the household opportunity to earn an income;

• Increasing time or cost in the movement of goods and passengers, resulting in additional costs for travelers, shippers and receivers of goods, and transport operators; and

• Diverting traffic from places of business, causing loss of customers and a loss of business income.

During the construction period, temporary diversion roads, adequate detour signs, and appropriate traffic control systems will be provided to maintain the flow of public traffic. Only a relatively short segment of ROW will be under construction at one time. As a result, detours around the segment under active construction will be short and inconvenience will be limited. The affected households also have access to cars or bicycles, which may help alleviate the inconveniences caused by the construction activities.

6.3.3 Homelessness

6.3.3.1 Loss of Homes and other Domestic Structures

The residential structures (incomplete and complete) reported by the Estate Survey that are located within the affected areas are enumerated in Table 6.3-4 along with associated domestic structures. The number of claimants is also shown in the table, which is less than the number of claims. This indicates that some claimants have more than one claim, usually for neighboring structures such as the foundation of a residential structure located in proximity to an existing structure. The table also illustrates that the impact on residential structures is highly localized (mostly in Ijoko). In most cases, the affected structure is either partially complete or still at the foundation stage, thereby limiting the potential adverse impacts on the affected populations.

6.3.4 Loss of Access to Property and Resources

6.3.4.1 Loss of Cultural Property

Table 6.3-5 lists the cultural sites described in Section 4.3.6. A number of claimants are making more than one claim, indicating that some of the cultural assets, such as graves or shrines, are of personal nature and that more than one may be owned by an affected household.

Page 183: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-19

Table 6.3-4 Affected Residential and Associated Structures by Community

Community Residential Structures Sheds Workshop Wells/

Boreholes Surface

Reservoirs Water Tanks

Soak-Away Pits

Septic Tanks

Water Pit Toilets

Fence-Works

Block-Work Claimants

Itoki 20 1 1 2 - 1 - 1 - 2 1 17 Complete 7 Foundation 4 Partial 9

Ijoko 71 10 - 3 4 - 8 3 2 2 4 64 Complete 21 Foundation 27 Partial 22

Alade 7 - - 1 - - - - - - - 7 Complete 3 Partial 4

Owode 8 - - - - - - - - 2 - 6 Complete 3 Foundation 2 Partial 3

Ijako 1 - - - - - - - - - - 0 Foundation 1

Isorosi 0 - - - - - - - - - - 0 Ajibode 1 - - 1 - - - - - - - 1

Foundation 1 Ijaliye 0 - - - - - - - - - - 0 Ewupe 2 - - 2 - - - - - - - 2

Foundation 2 Etere 0 - - - - - - - - - - 0 Igbango Igbereb 1 - - 1 - - - - - - - 1

Foundation 1 Egushi Benja 3 - - 1 - - - - - - - 3

Foundation 1 Partial 2

Igboloye 1 - - 1 - - - - - - - 1 Foundation 1

Page 184: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-20

Table 6.3-4 Affected Residential and Associated Structures by Community

Community Residential Structures Sheds Workshop Wells/

Boreholes Surface

Reservoirs Water Tanks

Soak-Away Pits

Septic Tanks

Water Pit Toilets

Fence-Works

Block-Work Claimants

Arobieye 1 - - 1 - - - - - - - 1 Foundation 1

Oloya Abiola 2 - - 2 - - - - - - - 2 Foundation 2

Itori 2 - - 2 - - - - - - - 2 Complete 1 Foundation 1

Okoomi 2 - - 2 - - - - - - - 2 Foundation 2

Igbesa 0 - - - - - - - - - - 0 Ilogbo Eremi 8 - - 3 - - - - - - 2 6

Complete 3 Foundation 2 Partial 3

Idagha Iyeshi 4 - - 1 - - - - - - - 4 Foundations 4

Arami Ale 7 - - 2 - - - - - - - 6 Residential 2 Foundation 5

Imeke Agemovo 2 - - 2 - - - - - - - 2 Foundation 2

Ajido 1 - - 1 - - - - - - - 1 Foundation 1 TOTAL 143 3 1 28 4 1 8 4 2 6 7 128

Source: Nigeria Estate Survey. 2003.

Page 185: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-21

Table 6.3-5 Affected Cultural Assets by Community

Community Churches Individual Graves

Praying Ground Shrine Number of

Claimants Itoki 1 3 1 - 4 Ijoko 3 7 2 6 15 Alade - - - 1 1 Owode 2 - - 2 4 Ijako - - - - 0 Isorosi - - - - 0 Ajibode - - - 2 2 Ijaliye - - - 1 1 Ewupe - - - 5 4 Etere - - - 1 1 Igbango Igbereb - - - 2 2 Egushi Benja - - - 1 1 Igboloye - 1 - 4 4 Arobieye - 1 - - 1 Oloya Abiola - - - 2 2 Itori - 1 - 4 4 Okoomi - 1 - 4 5 Igbesa - 2 - 14 15 Ilogbo Eremi - - - - 0 Idagha Iyeshi - - - - 0 Arami Ale - - - 6 6 Imeke Agemovo - - - 3 3 Ajido - - - 2 2 TOTAL 6 16 3 60 77

Source: Nigeria Estate Survey. 2003.

Reconnaissance surveys of the project footprint has been carried out by several teams, responsible for engineering and design, environmental baseline, socioeconomic studies, and estate surveying. Based on these surveys and consultations with local populations, it appears that no other significant cultural assets are physically present within the project area. WAGP is also in the process of carrying out a reconnaissance archeological survey of the affected areas by a qualified archeologist.

Impacts on any undiscovered cultural resources within the affected areas could occur if significant cultural finds were to be encountered during construction. WAPCo has developed a comprehensive “Chance Finds Procedure” for dealing appropriately with any significant physical cultural resources encountered during the construction phase. (WAPCo, 2003).

6.3.4.2 Impacts on Infrastructure

Many local communities in and around the affected areas lack access to basic social and communal infrastructure. Measures will be taken to avoid or minimize any disruption to the supply of water, electricity, telecommunications, and other such services to these

Page 186: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-22

communities during WAGP construction and operations in the ROW and on facility footprints.

The impacts on transportation infrastructure were identified by the Environmental Impact Assessment (WAPCo, 2003) as low or moderate. No significant disruption of livelihood or productive activity is anticipated, and PAP-specific measures are not proposed or deemed necessary for mitigating impacts on transport or infrastructure. One notable exception is the planned hospital/health center at Ilogbo Eremi, which is located within the affected area. Since the hospital is not yet constructed, payment will be made for its plot.

6.3.4.3 Loss or Damage to Community Property and Resources

The market squares of Ijoko and Igbesa are located on the ROW and therefore subject to removal and closure once the affected land is acquired by WAGP. The mitigation measures proposed to alleviate impacts on these communities associated with the loss of the market areas are described in the Entitlements and Compensation Matrix (Table 6.4-1). Each market place is informal and has different characteristics. While communities prefer cash compensation for them, WAGP will consider replacement with improved market facilities as part of the participatory community development programs to be identified in consultation with relevant stakeholders. Howeve, investments such as these will have to compete with other community development priorities identified in the Participatory Needs Assessment.

6.3.4.4 Impacts on Forests

No forests are affected by the project. About eight percent of the affected land segments have varying numbers of mostly softwood trees, and, to a lesser extent, hardwood trees on them. These are concentrated in the communities of Oko-omo, Araromi Ale, and Igbesa. Table 6.3-6 shows the number of trees to be removed from the affected wooded areas in each community upon construction. These trees represent assets or sources of income and/or livelihood to their claimants, who will be compensated for their loss.

Page 187: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-23

Table 6.3-6 Number of Trees Affected in by Community

Community Number of Trees Affected Claimants

Itoki 28 3 Ijoko 221 28 Alade 382 12 Owode 316 6 Ijako 258 3 Isorosi 12 4 Ajibode 303 3 Ijaliye 78 4 Ewupe 1,210 10 Etere 319 4 Igbango Igbereb 357 9 Egushi Benja 648 16 Igboloye 946 54 Arobieye 507 20 Oloya Abiola 290 10 Itori 591 17 Okoomi 2,162 66 Igbesa 2,732 240 Ilogbo Eremi 830 25 Idagha Iyeshi 231 6 Araromi Ale 1,274 12 Imeke Agemovo 1,320 30 Ajido 132 3 TOTAL 15,147 574

Source: Nigeria Estate Survey. 2003.

Figure 6.3-1 illustrates that the loss of especially softwood trees in some of the affected areas is likely to be considerable. Igbesa community, which also has the highest number of affected land segments, receives the highest impacts from loss of both softwood and hardwood trees. Okoomi and Araromi Ale communities also lose a large number of trees, which will be compensated to the owners as explained in the Entitlement and Compensation Matrix.

Page 188: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-24

Figure 6.3-1 Trees Located in the Affected Areas*

6.3.4.5 Impacts on Grazing Land and Pasture

None of the lands in the affected areas have been identified by the Estate Survey as being used for grazing or as pasture. There are large numbers of ‘bare lands’ among the affected plots. These may be used for grazing livestock, which is not a major economic activity in the project affected communities.

6.3.4.6 Impacts on Fish Ponds/Fishing Streams

The Project will affect 13 plot segments containing fishponds, and 8 plot segments containing streams used for raising or catching fish. After construction, the hydrological regimes will be restored to pre-construction conditions and the construction will not adversely affect fishing in the long run. Any impacts on surface water resources outside the affected areas are expected to be minor, localized, and short-lived. Unlike the acquisition of land, fishing activity will resume once the pipeline is placed.

0 200 400 600 800 1000 1200 1400 1600 1800 2000

Ijako

Oloya Abiola

Ajibode

Owode

Etere

Igbango Igbereb

Alade

Arobieye

Itori

Egushi Benja

Ilogbo Eremi

Igboloye

Ewupe

Araromi Ale

Imeke Agemovo

Okoomi

Igbesa

Softwood treesHardwood trees

number of affected trees

* This figure includes only those communities that lose more than 200 trees.

Source: Nigeria Estate Survey. 2003.

Page 189: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-25

6.3.5 Joblessness

6.3.5.1 Impacts on People Working in Affected Commercial Assets

6.3.5.1.1 Impacts on Self-employed Cultivators/Fish Farmers

A significant portion of the affected areas is cultivated by landowners or tenants. People cultivating land within the affected areas will be precluded from this activity once the land is acquired by WAGP. However, the impacts on ponds and rivers are not expected to be long lasting and will have only minor impacts on income from fisheries. In addition, it is important to note that fishing is not a major activity in most of the affected areas.Even though the impacts on cultivators or fish farmers may be significant in terms of loss of structures and land, adverse impacts on fishermen will be relatively insignificant.

Table 6.3-7 summarizes the extent of crop cultivation within the affected areas. It indicates that most affected segments are used for growing staple foods, although cash crop growth and fruit trees are quite common in the affected areas.

Table 6.3-7 Summary of Agricultural Land Use in the Project Affected Areas

Crop Number of Affected Plot Segments

Total Size of the Affected Area (m2)

Commercial (cash) crops 1,410 68,756 Staples 2,988 433,232 Fruit trees 3,527 464,405 Timber trees 917 140,388 Nuts 789 201,671 Fish ponds 13 1,188

Source: Nigeria Estate Survey. 2003.

Page 190: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-26

A more detailed breakdown of the crops recorded on the project area by the Estate Survey report is provided on Table 6.3-8.

Table 6.3-8 Crops and Trees on the Project Affected Areas

Commercial Crops Commercial Trees Other Crops Softwoods Alligator Pepper Beans Creepers Beans Standing Bitter Yam/Aerial Yam Bitter Leaf Cassava Cocoyam Coffee Garden Egg Ginger Groundnut Lemon Grass Maize Melon Okro Onions Pepper Pineapple Sugarcane Sweet Potato Tomatoes Vegetables Yam

Agbono Avocado Pear Banana Bitter Kola Breadfruit Cashew Cocoa Coconut Grape Fruit Guava Mahogany Iroko Obeche Indian Bamboo Kolanut Lime Locust Bean Tree Mat Plant Native Mango Oil Bean Tree Oil Palm Tree

Plantation Type Orange Pawpaw Pear Plantain Raffia Palm Silk Cotton

Sour Supp Star Apple Tangerine Wall-nut Staking Stick

Source: Nigeria Estate Survey. 2003.

As part of the RAP, careful assessment will be made in each individual case to determine the most appropriate measures for restoring cultivators’ income. Proposed restoration measures are outlined in the Entitlement and Compensation Matrix (Table 6.4-1).

The household survey conducted for the Environmental Impact Assessment for WAGP identified that the directly affected households derive a significant portion of their income from agricultural activities, and they tend to be “self-employed” in agriculture, and thus more dependent on land. Figure 6.3-2 indicates the higher reliance by directly affected households on agricultural income sources. The loss of agricultural income (including livestock) for the affected households would mean the average loss of approximately half their income, a potentially severe impact on their livelihoods.

Page 191: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-27

Figure 6.3-2 Sources of Household Income in Affected Communities

Source: ESIA Household Survey, 2003.

Even though the affected households rely heavily on agricultural activity for their income, they also show a degree of participation in the local economy, as indicated by their receipt of income from commercial activities and services. Household expenditures indicate that although food is the most important expenditure item, households also spend considerable amounts on house maintenance, clothing, education and health, and operating small businesses. This factor, combined with the good reading and writing ability of the affected populations, suggests that the affected populations would be able to utilize the cash compensation provided effectively. The data categories to be covered in the survey of a sample of project-affected households to establish a baseline for monitoring purposes will include agricultural income stream and cash utilization.

Table 6.3-9 indicates that non-agricultural employment is an important source of income for 39 percent of the directly affected households, as opposed to more than half of the other households in these sane communities. It is expected that the project construction activities will generate a significant level of non-agricultural, short-term employment in the affected areas. Partially, these opportunities will be due to the employment of household members in construction jobs.

0

5

10

15

20

25

30

35

Livesto

ckCrops

Fishing

Commerce

Services

Labor

Professional se

rvices

Affected Communities

Directly Affected Households

perc

ent o

f hou

seho

lds

Page 192: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-28

Table 6.3-9 Sources of Income of Affected Households

Households in Affected Communities (percent)

Directly Affected Households (percent)

Percent With

Source of Income

Average Annual

Income from Source (USD)

Percent With

Source of Income

Average Annual

Income from Source (USD)

518 19 501 28 778 28 688 34

1,362 54 1,071 39 Total annual reported household income (USD)

2,690 2,698

N 247 125

* Includes carpentry, tailoring, mechanics, driving and delivery services, construction and manufacturing, as well as professional services.

Source: ESIA Household Survey, 2003.

The project will require laborers with specialized skills. Thus, direct employment opportunities for the local population will be limited. However, it is expected that increased commercial activity and non-agricultural employment in the area, as a result of the project activities and influx of workers from outside, will provide a boost to household incomes. Preliminary elasticity calculations point to this effect. For instance, when household incomes were calculated assuming a 20 percent decrease in agricultural employment, accompanied by a 20 percent increase in non-farm employment, the total annual household income for directly affected households increased by about 32 percent.2 In another hypothesis test, assuming about 15 percent of agricultural household members obtained jobs related to project activities, annual household incomes would increase by about 4 percent. These results are indicative of the significant income benefits that may accrue to the affected households.

6.3.5.1.2 Limited Impacts on People Working in Commercial Establishments

The following enterprises are located within the project affected areas:

• A commercial stand in Igboloye

• 18 block-work shops (under construction): four in Itoki, eleven in Ijoko and one in each of Isorosi, Ijaliye, and Etere

2 Since the household data were not collected with this kind of analysis in mind, it is not certain that

these increases will occur; thus, these results are only indicative of what may happen. The survey of a sample of project-affected households to establish a baseline for monitoring purposes will obtain data on household incomes and sources of incomes that can be used to fine-tune this analysis.

Page 193: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-29

In addition, the affected communities encompasses two market squares in Ijoko and Igbesa, where local vendors periodically establish temporary stands for the selling of produce and wares.

All of these commercial enterprises will be required to cease operations upon acquisition of the affected areas by WAPCo, potentially resulting in a disruption of commercial activity, and the loss of income streams to their proprietors and workers.

Table 6.3-10 gives a breakdown of commercial structures (shops, market places) by community. Most of the affected commercial structures are located in Ijoko community, and involve block-work construction. Thus, impacts on these commercial structures are expected to be limited. Entitlements of owners are explained in the Entitlement and Compensation Matrix.

Table 6.3-10 Commercial Structures in the Affected Communities

Fence-works

Blockwork Shop/

construction

Commercial Market Square

Commercial Stand Shed

Itoki 9 4 0 0 2 Ijoko 2 11 1 0 9 Alade 0 0 0 0 0 Owode 1 0 0 0 0 Ijako 0 0 0 0 0 Isorosi 0 1 0 0 0 Ajibode 0 0 0 0 0 Ijaliye 1 1 0 0 0 Ewupe 0 0 0 0 0 Etere 0 1 0 0 0 Igbango Igbereb 0 0 0 0 0 Egushi Benja 1 0 0 0 0 Igboloye 2 0 0 1 0 Arobieye 0 0 0 0 0 Oloya Abiola 0 0 0 0 0 Itori 0 0 0 0 0 Okoomi 0 0 0 0 0 Igbesa 0 0 1 0 0 Ilogbo Eremi 1 0 0 0 0 Idagha Iyeshi 0 0 0 0 0 Arami Ale 0 0 0 0 0 Imeke Agemovo 0 0 0 0 0 Ajido 0 0 0 0 0 TOTAL 17 18 2 1 11

Source: Nigeria Estate Survey, 2003.

The consultations with the owners of formal or recognized commercial activities point to their compensation preference for cash, on a willing seller/willing buyer basis. Moreover, the

Page 194: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-30

affected businesses appear to function on family labor alone. Preliminary investigations reveal that the concerned businesses are primarily one-person operations and the owners will not have difficulties in relocating their activities in the vicinity of their affected lands by moving or rebuilding structures and using compensation as needed.

As for the two market places that will be affected, as indicated in Section 6.3.4.3, WAGP will consider replacement with improved market facilities (with running water and sanitary facilities) as part of the community development programs under consideration in consultation with relevant stakeholders. However, investments such as these will have to compete with other priorities identified in the Participatory Needs Assessment.

The ESIA household survey undertaken for the project has limited information on the commercial activity of households. The survey of a sample of affected households to be undertaken to establish a baseline for monitoring will target data to inform the following:

• Assessment of an income stream: This assessment will focus on presenting analysis of income derived from commercial activity by the proprietors, the portion of household income it represents, and the impact of the loss of income on their livelihood;

• Participation in local economy: An analysis of the extent to which the proprietors participate in the market economy and are able to utilize cash compensation to restore their livelihoods;

• Commercial space analysis: An analysis of the availability of replacement commercial space on the open market; and

• Impacts on fishermen: An assessment of the project impacts on fishermen.

6.3.5.1.3 Impacts on Fishermen

WAGP will affect rivers, streams, wetlands, Badagry Creek (if the crossing is done by open cut or a temporary dock installed) and the near-shore of the Gulf of Guinea immediately offshore of Badagry. However, little or no impact to fishing or fishing-related incomes are anticipated for the great majority of these water bodies because:

(1) The impacts to all of these aquatic resources are expected to be relatively minor, short-lived (during the construction phase only), and very localized to the pipeline sites;

(2) Based on the socioeconomic survey, very little fishing takes place in the majority of the affected streams, rivers, and wetlands, and fishing from these water bodies does not represent a significant source of sustenance or income for local residents; and

(3) The impacts in the near-shore area will affect a small portion of a much larger area exhibiting the same features and presenting the same fishing opportunities. Restriction of fishing activity in this one very small area for a short period during construction is not expected to result in significant impact on fish catches or fishing income.

Page 195: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-31

One exception is the site where the dock that may be constructed into Badagry Creek to transport equipment to the compressor station site. This dock represents only one possible option for transportation of the compressor station to this site. If a road transportation option is used, there will be no discernable impact on fishing enterprises. Impacts of the dock construction on the local communities may include inducement of development near the dock site due to increased commerce via Badagry Creek and the dock, resulting in increased boat traffic in the nearby portions of the lagoon, as well as road traffic leading to the dock. It will also potentially have impacts on the water quality in the area.

However, assuming the dock is constructed and is left in place, WAGP-related construction at this site is expected to alter significantly and permanently a short segment of the shore and bed of Badagry Creek. The EIA assessed the potential impact to wildlife habitat and wildlife in this segment of the creek as of major severity, and the potential impact to means of livelihood of fishermen relying on fish from this segment of Badagry Creek as of moderate severity. Enterprises revolving around fish catch (such as fish driers, smokers, vendors, or dealers) will also be affected to a lesser degree.

In addition, the Estate Survey indicates that 8 land segments within the affected areas include fishing streams. Closure of the areas of these fishing streams may affect sustenance or income streams for fishermen relying on catches from these areas. Potential impacts to fishing activities will be mitigated on a case-by-case basis. The survey of a sample of affected households to be undertaken to establish a baseline for monitoring will look into fishing activities in greater detail.

6.3.6 Food Insecurity

6.3.6.1 Permanent Loss of Cultivated Land

In the project affected communities, cultivation of crops is undertaken for both subsistence and for sale in local markets. It is possible that preclusion of crop cultivation on land acquired by WAGP may cause loss of food sources for some subsistence farmers using the affected land.

The availability of produce in local markets may be reduced temporarily when farming in the affected areas ceases. This is not expected to result in any significant insecurity of food supply for people relying on these markets since any decrease is expected to be quickly replaced by produce from other cultivated areas through standard market forces. In addition, the affected farmers, both owners and tenants, will receive a substantial amount of cash part of which would be used for food.

6.3.6.2 Loss of Trees and Perennial Crops

The types of trees growing on the affected land plots were carefully studied and a full inventory was prepared in consultation with affected populations so that the type and age of each affected tree has been established for purposes of compensation. These are listed in Tables 6.3-7 and 6.3-8. The consultations showed that cash payment is preferred to replacement seedlings and the planting of new trees (plus an appropriate amount of cash to

Page 196: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-32

compensate for the maturity). The construction schedule is not in place yet, so it is not yet known at what point in the growing season construction will commence and whether there will be fruit to remove from the fruit trees. Should there be any standing fruits, they will be compensated for, as described in the Entitlement and Compensation Matrix (Table 6.4-1).

6.3.6.3 Loss of Annual/Seasonal Crops and Farmed Fish

Since the construction schedule is not yet in place, it is not known at what point construction will commence and therefore at what stage cultivated crops or fish will be at the time of mobilization of construction works at each site. Compensation will be paid for agricultural crops or farmed fish on affected lands based on the full market value, as explained in the Entitlement and Compensation Matrix and based on the assessment of Estate Surveyors at the time of the preparation of the census of affected assets.

6.3.6.4 Impacts on Fishing

Disruption of fishing in the area of the dock on Badagry Creek and in three fishing creeks within the affected communities could potentially impact the fishing stock and thus result in food insecurity for families of fishermen. This is considered unlikely and is expected to be of minor significance to the affected families. However, should any accidental damage occur that would adversely affect the fish stock, deplete or reduce it, measures will be devised on a case-by-case basis. The RAP Fund that is created by the project would meet these types of unforeseen expenses.

6.4 Mitigation Measures

6.4.1 Types of Mitigation Proposed

Mitigation measures are proposed in this section to address each of the impacts identified in Section 6.3. These measures fall into three main categories:

• Replacement of assets; • Restoration of income streams/livelihoods; and • Other entitlements.

The entitlement and compensation matrix (Table 6.4-1) explains in detail the entitlements of all affected populations, and the compensation options available to them.

6.4.1.1 Asset Replacement

Measures are proposed to replace or compensate for land, crops, structures and installations, infrastructure and facilities, and other assets lost or rendered unusable due to land acquisition for WAGP. Asset replacement measures will be of three general types:

• In-kind, where land or assets of like kind are provided to affected households to replace the land or assets lost;

Page 197: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-33

• Monetary, where cash settlements are paid for land or other assets in the affected areas (compensation rates based on inflation adjusted 3 rates, taking into account all transaction cost)s; and

• Replacement and reconstruction, for facilities and infrastructure existing on the affected land.

In-kind replacement of productive assets is generally considered a more reliable measure for ensuring sustainability of the incomes of people who rely on these assets. It is also a requirement of OP 4.12. This policy states that “cash compensation for lost assets may be appropriate where:

• Livelihoods are land-based but the land taken for the project is a small fraction of the affected assets and the residual is economically viable;

• Active markets for land, housing, and labor exist, displayed persons use such markets, and there is sufficient supply of land and housing; or

• Livelihoods are not land-based”.

The above conditions for payment of cash compensation are largely met in Nigeria. First, livelihoods are at least partially land-based. Indeed, as shown in Chapter 4, directly affected households rely more heavily on agricultural income. However, the project takes away an average of 700 square meters of land from the affected households, which have, on average 1.7 hectares of land. In other words, the project takes away less than 44 percent of the total land cultivated by the affected households5. In addition, there appears to be an active land and housing market and many properties around the affected communities are being bought and sold on a regular basis6. Thus, the project can comply with the strong preferences of the affected people for cash compensation. While livelihoods are land-based, the contribution of non-agricultural income to total household income is disproportionately high. Thus, the decision of the project to meet the requests of the affected populations for cash compensation meets the requirements of the Involuntary Resettlement Policy of the World Bank Group.

In compliance with the expectations of this policy, the project carried out research and identified alternative land in a number of locations in proximity to the pipeline corridor.

3 These rates and other relevant compensation elements are provided in Annex 5.1, 5.2 and 5.3. OPTS rates from 1998 were multiplied by 10 for land, a process through which ample inflation adjustment was achieved. Subsequently, the resulting rates were increased by 50-75 percent to reach negotiated willing-buyer/willing-seller arrangements. The affected people preferred cash compensation to land-for-land and other in-kind alternatives offered by WAGP. For crops, OPTS rates were increased by 50-75 percent.

4 This figure is in line with other oil and gas projects’ impacts. 5 The average land ownership figure of 1.7 hectares is an underestimate. The Social Impact Assessment

questionnaire inquired about the land owned by a household within the vicinity of the project (Annex 4.1) and did not establish the total land ownership. Thus, if households own land elsewhere in the community or in other communities, the average ownership figure will be higher. Nevertheless, the figure of 1.7 compares well with the information contained in the Interim Strategy Update for the Federal Republic of Nigeria prepared by the World Bank (2002).

6 Many ‘sale’ signs are visible on both residential and other plots.

Page 198: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-34

However, when presented by these options by the Estate Survey team, all of the affected landowners in Nigeria first expressed a preference for monetary compensation over in-kind replacement (WAPCo, 2003). As a result, WAPCo expects to acquire the land and assets in the Project Affected Areas through willing seller/willing buyer transactions. More recently, some of the home owners started debating whether or not they might seek WAPCo assistance in relocating.7

Replacement and reconstruction will be performed for infrastructure that is not compensated either monetarily or in-kind elsewhere, and is particularly proposed for community assets or resources. In practice, compensation may be offered in more than one kind, although the affected people, at the time of the estate survey completion and negotiations, have all opted for cash compensation.

The project appreciates the importance of having to relocate all households whose houses will be affected and who are actually residing in these homes8. Should the affected home owners receive the cash payments that they prefer but delay their decisions for relocation, they will be expected to move into rental homes until they make alternative arrangements9.

The international practice with respect to cultural assets requires that they are to be avoided. Should this be impossible, it is expected that they be removed. For instance, cultural assets, such as shrines and graves, should be relocated to a new site, acceptable to the affected communities. As per local tradition, the community leaders are asking to receive cash compensation for these assets and stating that they will remove the affected assets themselves. The project may consider this option if fully convinced that the affected assets will indeed be removed and that the cash will not be a source of income for the community leaders alone. Otherwise, the project will remove the assets to places that the community indicates. In cases where the cultural asset is privately owned (such as family graves, or family shrines), households may demand cash compensation, instead of relocation of the cultural asset. Indeed, this appears to be the case. The relevant decisions will have to be made on a case-by-case basis.

7 For instance, an elderly man living alone is considering his options again. It is possible that a handful

of others may follow suit. Should this happen, the project will provide them relocation assistance as reflected in the Entitlement and Compensation Matrix. There is an ongoing process to receive additional feedback from the people concerning their final preferences. It is anticipated that some of the vulnerable groups may indeed come forward for project assistance.

8 It appears that the affected homes are occupied by their owners. No tenants are involved. If there are tenants in the affected homes, they would have entitlements as per OP 4.12.

9 It is important to recall that only some of the affected homes were completed at the time of the Estate Survey. Most were either in the process of being constructed or consisted of a simple foundation. Nevertheless, if some of the incomplete homes are occupied, their owners will be provided with assistance should they seek it. However, affected people appear to have a very strong desire for cash compensation.

Page 199: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-35

6.4.1.2 Income Restoration

Affected populations who will experience disruption or loss of income streams fall into several categories:

• Landowners:

ο cultivating crops (or raising fish on) their own land or water source and deriving income from the produce;

ο operating commercial enterprises on their land and deriving income from these enterprises; and

ο leasing their land to others and receiving rental income;

• Tenants:

ο cultivating (or raising fish on) affected land or water resource and deriving income form these activities; and

ο operating commercial enterprises on their land and deriving income from these enterprises.

• Commercial Enterprises

ο Deriving income from the operation of commercial enterprises on the affected land.

• Fishermen

ο Deriving portion of their income from affected fishing sources.

As a general rule, landowners are expected to be able to restore income streams without further assistance once they have received compensation for their land and assets (or replacement land and assets). This compensation will include expenses for land preparation on the replacement land, lost income stream from affected crops and trees (for details, see Table 6.4-1), provision of seeds, and compensation for immovable assets on the land. Removal of top soil is also presented as a development option for those farmers who wish the top soil from the pipeline corridor area to be moved to their adjacent land plots. However, farmers who may wish to take replacement land further away cannot be provided such assistance.10 Thus, the affected owners will have full opportunity to replace the lost productive assets, and return to production.

In cases where the owners are absent or could not be located, they will be entitled to receive the same payment as the existing owners. The amounts that these owners are due will be put in an escrow account, and every effort will be made to locate them.

10 The contractors will give the top soil to the affected farmers as a gesture. However, they cannot be

asked to help farmers remove the topsoil to other areas as this will compromise the quality of their work and cause excessive delays in construction.

Page 200: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-36

Measures proposed to restore and ensure sustainability of income streams for tenants removed from affected areas include the following:

• Assistance in locating and leasing similar productive assets outside the affected areas;

• Cash payment representing a capitalization of the long-term value of an income stream; and

• Cash payment the remaining portion of a long-term lease agreement, adjusted by inflation rates and land prices.

The second option of cash payment for a long-term income stream is expected to be appropriate only under limited circumstances, where (1) the income stream in question is relatively small, and represents a relatively minor portion of a household’s overall income; and/or (2) there are clear opportunities within the local economy for the tenant to utilize this cash payment to establish a new income stream.

6.4.1.3 Other Entitlements

These refer to payments or other forms of assistance provided to the affected people in order to ensure smooth transition from reliance on affected land and assets, to their new situations. Specific entitlements are described in Table 6.4-1.

6.4.2 Summary of Entitlements

Entitlements to compensation vary according to category of project-affected person and the type of loss of incurred. These are summarized in the Entitlement and Compensation Matrix, Table 6.4-1.

Page 201: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-37

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Property Owners

Loss of land (irrigated, rain-fed, bare land)

Provision of land nearby with similar characteristics

OR

Cash compensation for land (valued according to 10 times the OPTS rates plus 50-75 percent) and agreed upon based on willing-seller/willing-buyer arrangements

Land will be prepared for cultivation or the compensation will include amounts equivalent to land preparation to allow them do the work

All standing trees will be compensated in cash

All other immovable assets on affected land (such as barns) will be compensated in cash unless affected households ask for assistance in re-constructing or otherwise replacing these assets.

Expected income stream from the affected asset will be compensated to the owner

If cash compensation option is selected, the lump-sum payment will include all relevant taxes, fees, transaction costs; these will not be paid out separately

Cash compensation includes the cost for moving if sale of land forces affected families to resume occupancy elsewhere

If replacement land offered in the vicinity of the lost land is not acceptable to the affected households cash will be offered based on willing-buyer/willing-seller arrangements.

Farmers will be provided with the top soil taken from the 25 meter pipeline corridor that passes through their land either in part or fully. Assistance will be provided by the contractors to the people who wish to move the top soil to other parts of their land if within a reasonable distance.

Despite exclusive ownership of the pipeline corridor by WAGP, the corridor will not be fenced. People will be free to use the corridor to access different parts of their farm and/or their work (school, or other social facilities).

Page 202: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-38

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Affected people that prefer cash compensation will be informed that cash compensation fully covers all expenses of replacement land whether or not they actually chose to buy such land

The corridor will be leveled and be put into the pre-project conditions to allow passenger and light farm machinery or light transport use and to avoid any inconvenience to farmers, livestock raisers and others using their land for productive purposes

If there is any type of irrigation infrastructure (canals, ditches, pumps, etc.) on the affected land, this will be taken into consideration in the compensation offered.

Compensation will be paid directly to the affected people.

Property Owners

Loss of standing crops present on land at time of WAGP land acquisition

Cash payment at 50-75 percent above OPTS rates from 1998 for crops lost).

Cash compensation negotiated with affected owners/tenants based on willing-seller/willing-buyer

Expected income stream from the affected asset will be compensated to the owner in cash.

If cash compensation option is selected, the lump-sum payment will include all relevant transaction costs

Compensation will be paid directly to the affected people.

Loss of fruit trees and perennial crops

Cash compensation at at 50-75 percent above OPTS rates from 1998 for crops lost. Fruit tree compensation will be based on type of tree, age and size

Prices negotiated based on OPTS rates and willing-seller/willing-buyer arrangements

If cash compensation option is selected, the lump-sum payment will include all relevant taxes, fees, transaction costs, and other entitlements as outlined in this matrix; these will not be paid out separately

Compensation will be paid directly to the affected people.

Property Owners

Loss of agricultural assets/ buildings

In-kind provision of similar asset

OR

Negotiated cash compensation

All immovable assets on affected land (such as barns) will be compensated in cash unless affected households ask for assistance in re-constructing or otherwise replacing these assets. No such request has been received.

If cash compensation option is selected, the lump-sum payment will include all transaction costs.

Compensation will be paid directly to the affected people.

Page 203: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-39

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Property Owners

Loss of residential structures (finished and semi-finished, lived-in)

Cash compensation at 50-75 percent above OPTS rates.

OR

Provision of similar structure located elsewhere (Note: in-kind land and structure replacement to be provided for owners losing both)

Income stream from attached garden / yard will be provided, based on crop valuations

Affected people that prefer cash compensation will be informed that cash compensation fully covers all expenses of replacement house whether or not they actually chose to buy such house

If cash compensation option is selected, the lump-sum payment will include all relevant transaction costs

Even when negotiated cash compensation is preferred, home owners will be allowed to remove all their assets and building materials and the project will assist them as much as possible

If replacement homes are demanded, cash allowance for moving pieces of the existing affected structure to the new structure (i.e. moving windows, doors to the new house) will be included in the negotiated prices based on inflation adjusted OPTS rates

Compensation will be paid directly to the affected people.

Property Owners

Loss of residential structures (finished and semi-finished, not lived in)

Cash compensation at 50-75 percent above OPTS rates from 1998

OR

Provision of similar structure located elsewhere (Note: in-kind land and structure replacement to be provided together for owners losing both)

Income stream from attached garden / yard will be provided, based on crop valuations

Affected people that prefer cash compensation will be informed that cash compensation fully covers all expenses of replacement structure whether or not they actually chose to buy such structure

If cash compensation option is selected, the lump-sum payment will include all transaction costs; these will not be paid out separately

Compensation will be paid directly to the affected people.

Page 204: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-40

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Property Owners

Loss of residential structures (foundation)

Cash compensation at 50-75 percent above OPTS rates from 1998

OR

Provision of similar structure located elsewhere

Affected people will be informed that all estimated taxes, fees and other transaction fees for the sale of the affected structure as well as estimated cost of a replacement structure should be included in the cash compensation accepted.

Affected people that prefer cash compensation will be informed that cash compensation fully covers all expenses of replacement structure whether or not they actually chose to buy such structure

If cash compensation option is selected, the lump-sum payment will include all relevant transaction costs

Compensation will be paid directly to the affected people.

Loss of commercial structuresa

Cash compensation at 50-75 percent above OPTS rates from 1998

OR

Provision of similar or improved commercial structure located elsewhere

All estimated taxes, fees and other transactions fees for the sale of the affected structure as well as estimated transactions of a replacement structure will be included in the cash compensation offered.

If this option is selected, WAGP will work with the Property owner to ensure that the new structure satisfies the owner in terms of proximity to the affected person’s house, and/or at commercially viability of the new location

If the commercial structure owner does not like the replacement structure, he/she will be able to opt-out for the full cash replacement option

If cash compensation option is selected, the lump-sum payment will include all relevant taxes, fees, transaction costs, and other entitlements as outlined in this matrix; these will not be paid out separately

Cash compensation for moving expenses is included in negotiated sums

Compensation will be paid directly to the affected people.

Property Owners

Loss of fish ponds No significant impact is expected. The pipeline will pass through the ponds or under streams

Income streams may be affected only in accidental situations.

Contractors’ contracts will include a clause for case-by-case evaluation for lost income stream and compensation (especially in the Badagry Creek area)

Page 205: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-41

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Loss of timber trees

Cash compensation for the timber value of lost trees

OR

Should the landowners desire, seeds and seedling will be provided instead of cash

If cash compensation option is selected, the lump-sum payment will include all transaction costs

Compensation will be paid directly to the affected people.

Property Owners

Loss of fences Cash compensation for the value of lost fence works

OR

Provision of comparable fence work structures

N/A If cash compensation option is selected, the lump-sum payment will include all relevant taxes, fees, transaction costs, and other entitlements as outlined in this matrix; these will not be paid out separately

Absentee ownersb

Same compensation options, as identified for other land owners

Same compensation options, as identified for other land owners

Same compensation options, as identified for other land owners

Same compensation options, as identified for other land owners

Every effort has been made to locate the absentee owners and let them know of their entitlements under the project. As a result, absentee owners are identified and are informed of their entitlements. Should new absentee owners be identified during the feedback process, they will be included among beneficiaries. The entitlements due these owners will be put in an escrow account.

Tenants Loss of access to land and associated income and livelihood generating opportunities

Not applicable, unless they have installed wells, hand pumps, informal irrigation schemes, sheds, etc on the land as per agreement with owners

Assistance in finding replacement land of like kind and in leasing this land

OR

One-time cash payment for standing crops and for any assets they have claimsr

If cash compensation option is selected, the lump-sum payment will include all relevant transaction costs,

Compensation will be paid directly to the affected people.

Page 206: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-42

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Loss of standing crops present on land at time of WAGP land acquisition

Cash compensation Not applicable If cash compensation option is selected, the lump-sum payment will include all transaction costs

Compensation will be paid directly to the affected people.

Loss of fruit trees / perennial crops developed at tenant’s expense

Cash compensation for standing perennial plants/fruit trees based on type of tree, age and size

If the cash compensation option is selected, the lump-sum compensation payment will include all relevant taxes, fees, transaction costs, and other entitlements as outlined in this matrix; these will not be paid out separately

Loss of improvements to land, structures developed at tenant’s expense

Cash compensation for value of lost improvements or structures

Expected income stream from the affected asset will be compensated to the owner, not to the tenant.

If cash compensation option is selected, the lump-sum payment will include all relevant taxes, fees, transaction costs, and other entitlements as outlined in this matrix; these will not be paid out separately

Loss of use of rented structures, including residences or places of business

Not applicable Expected income stream from the affected asset will be compensated to the owner, not to the tenant.

Assistance in finding equivalent replacement rental structures

For commercial structures: cash payment equivalent to loss of commercial income during transfer to new location

Local community at large

Loss of communal lands and royal / traditional lands

Provision of land nearby with similar characteristics

OR

Cash compensation

Not applicable Cash compensation options will be discussed with the local government councils (village chiefs)

Page 207: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-43

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

Fishermen and people relying on fish for income

Reduced fish catchc

Not applicable One-time cash payment representing capitalized long-term value of income stream

If cash compensation option is selected, the lump-sum payment will include all relevant transaction costs,

People using the market squares in Ijoko and Igbesa

Loss of use of market square for market activities

Building of a new market place

OR

Cash compensation

Many vendors use these facilities to derive income

Provision of alternative nearby area for establishment of market on available public land (e.g. municipal) or land bought from those who are willing to sell.

OR

Provision of cash compensation to the community for communal improvements. .

People using church services

Loss of churches Pipeline re-routing

OR

Movement of church to a suitable location

OR

Cash Compensation

Not applicable Community will be paid cash compensation should they prefer to re-build the church themselves

Relatives of graves

Loss of graves Pipeline re-routing

OR

Movement of graves to a suitable, agreed-upon location

Not applicable Payment will be made for the loss of use of land, and graves will be relocated at the new place

If the owner opts to receive cash compensation instead of removal, case-by-case arrangements will be made with families owning graves

Page 208: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-44

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

People using praying grounds

Loss of praying grounds

Pipeline re-routing

OR

Moving the praying grounds to a new location, acceptable by the community

Not applicable Payment will be made for the loss of use of land, and praying grounds will be relocated at the new place, purchased by WAPCo and acceptable to the households / community affected

If the affected community opts to receive cash compensation instead of removal and restatement, case-by-case compensation arrangements will be made

People using shrines

Loss of shrines Pipeline re-routing

OR

Moving the shrines to a new location, acceptable to communities

Not applicable Payment will be made for the loss of use of land, and shrines will be relocated at the new place, purchased by WAPCo and acceptable to the households / community affected

If the affected households / community opts to receive cash compensation instead of removal and restatement, case-by-case compensation arrangements will be made

Page 209: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 6

June 2004 Nigeria Final Draft RAP Rev 1 6-45

Table 6.4-1 Entitlement and Compensation Matrix

Project affected people or

communities Type of Loss Asset Replacement Income Stream Restoration Other Entitlements and Notes

People in service area of the planned hospital in Ilogbo Eremi

Loss of use of land plot for hospital facilities

Replacement of the plot

OR

Cash Compensation

Not applicable

a The World Bank’s OP 4.12, as implemented by Lagos Urban Transport Project financed by the Bank, recognizes “…two categories of displaced persons in commercial space: those with official sanction to conduct their business in the affected place, and those without. Official sanction connotes periodic payment of market, vendor or other business fee, whether formal or informal, for the right to continue selling in that space… they therefore qualify for assistance in securing an acceptable alternative location for their business, in moving to that location, and in covering business and employee costs during the period of relocation. Those without such official sanction, formal or informal, have no such officially recognized right to use that space, and receive no compensation or rehabilitation benefits under this policy framework.” b Qualitative evidence from the affected areas indicates that some owners, especially women, live in urban areas while continuing to rent out their land and receive land income. c In affected fishing streams and segment of Badagry Creek affected by the dock) and associated reduction in income. d As already noted, the local traditions do not allow outsiders to built/relocate cultural assets such as graves, shrines, etc., Thus, the communities have asked for cash compensation to be able to do this work themselves.

NOTE: By end of May 2004, all claimants for all of the affected assets, including market places, graves, crops, trees, homes, etc., have opted for cash compensation. This matrix is provided to illustrate the in-kind options offered to the people prior to their preference for cash option

Page 210: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 211: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-1

Chapter 7 Public Consultation and Disclosure

The World Bank Group’s policies on resettlement, land acquisition, and compensation provide a framework for a public consultation and participation process, as well as establish measures to redress the grievances of affected people.1 In Nigeria, consultation with the affected populations; federal, state and local government representatives; civil society groups; and oil and gas sector experts is essential for gaining a comprehensive understanding of the types and degrees of adverse effects, despite the fact that these are of relatively low magnitude within the WAGP project.

Public consultation and disclosure is a key element of the WAGP, since it formally provides an opportunity for the widest range of stakeholders, both within Nigeria and internationally, to participate in activities associated with the design, implementation and monitoring of the Project, including proving feedback to the RAP. The establishment of a process to redress grievances allows the WAGP to deal with issues proactively in the interest of solving any such grievances before having to resort to use of the formal legal system.

The OP 4.12 and the IFC’s manual ‘Doing Better Business through Effective Public Consultation and Disclosure: A Good Practice Manual’ in particular, provide action-oriented guidelines aimed at ensuring that consultation with the all key stakeholders – the affected population national, local and federal governments, civil society and community-based and traditional organisations -– is both effective and meaningful. These guidelines emphasise the need for the project to ensure that the process of public consultation is accessible to all potentially affected parties. Emphasis is placed on the engagement of the people (households, communities, families/clans or institutional owners) who will lose their land and other immovable assets to the project in the identification, valuation, expropriation and/or dispute resolution aspects of the land acquisition process.

In Nigeria, the pipeline involves the acquisition of 144 ha of land required for the ROW, Lagos Beach Compressor Station and associated facilties. This pipeline will cross country’s 2 western states- Lagos State and Ogun State – bisecting a total of 23 communities with a total population of approximately 90,000 people. The communities include Itoki, Ijoko, Alade, Owode, Ajibode, Ewupe, Atuwara, Abule Benja, Igbo Oloye, Arobieye, Abiola, Okoomi, Ore Akinde, Edu, Agbara, Igbesa (Agotutun), Ilogbo Ijobun, Ilogbo Eremi, Agunmo, Araromi Ale, Imeke, and Ajido.

The Estate Survey conducted in 2003 identified a total of 2,578 land plots that comprise 10,212 land segments claimed by to 2,485 landowners and tenants. Majority of these affected people are landowners who total 1,557 individual farmers who grow variety of crops and trees. A smaller

1 For the purpose of the WAGP, these policies include the World Bank’s OP 4.12 on Involuntary Resettlement and manual ‘Doing Better Business through Effective Public Consultation and Disclosure: a Good Practice Manual.

Page 212: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-2

number of affected people have fishponds, family shrines and graves as well as homes on their lands.

The pipeline also involves the acquisition of 37 completed homes and incomplete residential structures. These were identified at the time of the Estate Survey and prior to the public disclosure. Both the homeowners and the landowners repeatedly insisted on receiving cash payments instead of land-for-land arrangements and refrained from seeking relocation assistance; nevertheless WAGP is willing to provide assistance to households in moving the building materials from their affected homes to the new home site. The project also appreciates the difficulty of physical resettlement and continues to seek reassurance from the affected people and their representatives that people indeed prefer to handle their relocation activities on their own.2

Accordingly, the WAGP will ensure that:

• All stakeholders have access to project information;

• The information provided can be understood;

• The locations for consultation are accessible to all who want to attend and where not easily accessible WAGP will provide transportation to consultation/meeting locations;

• Affected households and other entities have a meaningful say in the design and implementation of the Land Acquisition and Resettlement Action Plan; and

• Measures are put in place, which ensure that vulnerable or minority groups are consulted.

This chapter describes the public consultation and disclosure processes WAGP has undertaken in support of the RAP in Nigeria. They include measures taken by the project to consult with key stakeholders and project-affected persons during the design of the RAP. It also covers the WAGP commitment to consultations during project implementation, monitoring and evaluation. The summary contained here covers project activities that have taken place through mid-May, 2004. The legislative basis for the public consultation and disclosure procedures for the RAP as well as their implementation are described in Chapters 3 and 5 of this report. Consultation activities that have taken place to date are described in Section 7.1, and a summary of feedback received is described in Section 7.2. Details of the RAP disclosure process are found in Section 7.2 and grievances and dispute resolution action plans are outlined in Section 7.4.

2 According to the Estate Survey every affected household, including the owners of the affected homes, opted for

cash payment when they were provided the alternative: WAPCo assistance in arranging land-for-land compensation and in building or finding alternative homes in the vicinity of the lost assets. In many countries, affected populations opt for cash compensation because they believe in their own ability to do well in the market with cash in their hands. It is therefore not surprising that populations affected by the WAGP project have opted for this option as well.

Page 213: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-3

7.1 Participation and Consultation Activities

World Bank Group guidelines stipulate a process of consultation that includes:

• Identifying stakeholders (owners and users of affected immovable assets) and ensures that there are adequate mechanisms for stakeholder feedback and information sharing;

• Informing representatives of affected people – local government, village leaders and independent estate surveyors that the people have recruited – of the Project Plan;

• Ensuring, directly or through people’s representatives, that all directly affected populations (or claimants who include landowners and tenants) are informed of the project, of the need for land acquisition, the type of proposed compensation measures, as well as the duration of alternative land use arrangements, where applicable;

• Briefing all WAGP line managers and staff who will interact with affected people on the anticipated effects of the WAGP project and measures to mitigate its land acquisition and resettlement impacts;

• Arranging for the responsible government agency to issue formal notice (after completion of a census and dissemination of a public notice on the eligibility for compensation, covering issues pertaining to asset valuation methods);

• Declaring a clear cut-off date to ensure that no new construction of buildings or capital improvements is made on the directly affected lands;

• WAGP should be prepared to compensate affected stakeholders for all immovable assets, including improvements made on the land during the period that lapsed after the preparation of the asset inventory;3

• WAGP should also be prepared to update the asset inventory and the valuations to constitute the basis of negotiations should there be a delay in the final investment decision and thus in land acquisition;4

• Preparing an illustrated information booklet with details on eligibility, a timetable for implementation, and applicable grievance procedures as part of the disclosure process;

• Establishing a system for gathering feedback on RAP implementation from all affected groups and communities;

3 The Estate Survey, including the inventory of affected lands and of other assets, including residential and

commercial property, was initiated in late in 2003 and completed by early 2004. By the time the ‘cut-off ‘ date was established by posting the affected assets in March 2004 in a number of visible public places, some families might have improved their land based assets. If this has happened, the affected populations are asked to come forward and have their asset inventories updated. This process is currently ongoing, but no changes appear to have occurred based on the feedback received by mid-May 2004.

4 In May 2004, WAGP has drafted a Letter of Intent (Chapter 5) communicating, once more, to the affected populations the price offered for their assets and stating that the offer would be valid until the end of 2004 and would be subject to the final decision of investment. Needless to say, appropriate modifications would be made in the content of the letter should the investment decision be delayed.

Page 214: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-4

• Launching participatory monitoring and evaluation processes; and

• Preparing and issuing regular RAP information updates.

WAGP has demonstrated its commitment to meet and comply with international standards as well as Nigeria’s regulations concerning public consultation and disclosure of the RAP implementation. As a result, the WAGP staff held various individual, small group, and public consultation meetings as part of the Front-End Engineering Design (FEED)/Public Display Package (PDP). In addition, in the context of the EIA preparation and disclosure process, public workshops to discuss the land acquisition process took place, including meetings and workshops specifically on RAP-related matters. The following sections present the content of these activities and measures that will be taken to ensure participation in the completion and implementation of the RAP.

Stakeholder identification and consultations were initiated early in the process of EIA and conducted with the directly affected land owners/users during the preparation of the asset inventories, the census of affected claimants, as well as in the negotiations for compensation (land/asset purchase) and updating of affected assets. National and international NGOs were informed and their feedback sought on various occasions. All national level ministries and agencies were consulted systematically, with a particular focus on resettlement and asset and land acquisition issues (Chapter 5). Increasingly, the focus of consultations shifted from broad based “listening” to receiving specific support and information as specified under various articles of the Land Use Act. Similarly, requests for information began to be directed at key stakeholder categories impacted by the asset and land acquisition activities as well as temporary or permanent loss of access to common property resources.

Local representatives were initially informed by the Federal Government when the proposed project was under general review. Subsequently local representatives have been kept informed both during the course of the EIA and throughout the basic and detailed engineering phases of the project by WAGP staff. Additional information was provided to them during the Estate Survey stage when inventories were prepared for the land acquisition plan.

RAP preparation was based on direct consultation with specific groups of affected populations and with the directly affected public sector institutions. In addition, a working structure has been established with a qualified Estate Survey team, local government representatives, and the land acquisition team of WAGP. In some locations, community based NGOs were active as described below. At both the federal and the state levels, consultations were held with and information was sought from all parties and agencies included in Table 7.1-1.

Page 215: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-5

Table 7.1-1 Nigeria Key Stakeholders for Land Acquisition and Resettlement

Estates Surveyors Permitting Agencies Land Owners Ministry of Works Ogun and Lagos State Bureau for Land Local Authorities Ports Authority Navy NGOs Community Organizations & Leadership Director of Fishing Affairs Director of Natural Resources Director of Hygiene Director of Civil Protection Fire Service Department of Petroleum Resources Federal Ministry of the Environment Local Government Authorities

RAP dissemination: The RAP, as a full document, will be distributed to national and provincial level public agencies for review by the communities along the pipeline route and a number of other institutions listed below. Through the Project’s web-site, the RAP report, in English, will be available to all interested national and civil society organisations.

RAP updates will be prepared and made available.

Public notice for land acquisition will be given within nine months of land acquisition. However, should the final investment decision (FID) be delayed, a new notice will be issued.

Line managers and staff of WAGP, as well as the land acquisition team in Nigeria, have been informed of the activities and are aware of the consultation and disclosure requirements. They are also well informed of international policies, standards, and best practices.

7.1.1 Stakeholder Identification and List of Key Stakeholders

Identification of stakeholders for the purposes of the RAP has been achieved through the following actions:

• Environmental and Social Impact Assessment (ESIA) conducted by ICF, an international consulting firm (August 2002 to December 2003);

• Needs Assessment and Community Development consultations conducted by the WAGP (continuous throughout 2003 and early 2004);

• Pipeline route surveys conducted by local consulting firms (September to November 2002);

• Mapping and census of affected land plots as part of the onshore survey efforts and population density reports conducted by the WAGP (September to November 2003);

• Estate Surveys (2003) and Estate Survey updates based on feedback being received as the RAP report was being written;

Page 216: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-6

• Permitting workshops and hearings in Abeokuta (Ogun State) and Alausa (Lagos State) in March 2004, held according to Oil and Pipeline License (OPL) procedures, to receive feedback on land acquisition activities;

• Workshops/hearings were preceded by a three-week public notice period, during which RAP information, including land/asset inventory surveys and other project information was displayed, and were followed by three-week post workshop feedback period;5

• Ongoing communication in the media asking land owners to come forward either invidually and/or through the independent estate surveyors with any questions that they may have, including the public notice/display/workshop-hearing program, with various individual and group meetings either initiated by WAPCo or in response to requests for discussion from stakeholders (August 2002 to present);

• Interface with the local, regional, and national governments (August 2002 to present).

Various stakeholders were involved in each of the above-mentioned participation contexts. However, direct participation of the households who are losing their land based assets to the project was often channeled through traditional or commercial representatives. For instance, community leaders played a key role in the identification of land owners or users. In valuation negotiations, Estate Surveyors employed by the people themselves served almost exclusive roles. Also, people who have participated in the consultation process have articulated their needs and preferences either directly or through representatives who were engaged for such purposes and provided with Power of Attorney.

7.1.2 Information Provided to Stakeholders and the Mechanisms for Receiving Feedback

Official Front End Engineering Design (FEED)/Public Display Package (PDP) documents were publicly displayed starting in December 2003 at various locations that were announced via the radio, newspapers, and public notices posted in the vicinity of the R&M stations and Right of Ways and this display was continued/repeated prior to the March 2004 FEED hearings.

Feedback has been solicited both during and after public meetings, in both verbal and written forms. Comments could be sent or delivered to the WAGP representative in the country, to technical authorities, or to WAGP External Affairs (EA) representatives in the country.

The methods of contact for the stakeholder groups included consultation visits and meetings, letters, advertisements, radio announcements and posters. Target groups included the following:

• National government institutions;

• Local government institutions;

• National and local non-governmental organizations and other civil society organizations;

5 This feedback period has been extended by another three weeks to allow ample time to affected claimants and their representatives to dialogue with WAPCo.

Page 217: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-7

• Tribal groups, traditional leaders;

• Village and community administrations;

• Interest groups (e.g., contractors);

• Residents of communities in the vicinity of the pipeline and facilities; and

• Directly affected populations.

7.1.3 Needs Assessment and Community Needs Identification

In order to support WAGP’s efforts of corporate responsibility, a Community Development Program (CDP) will be established in the project affected communities, as well as those that are located in the proximity to the project operations. This program will supplement all compliance requirements to address socio-economic impacts and will be carried out at the sole discretion of WAGP but in consultation with the communities in the vicinity of the pipeline infrastructure.

People recognize that the project will benefit Nigeria and will be good for future generations. However, many communities expressed their desire that an effective CDP will be established to ensure compensation for the inconvenience as well as risks they are assuming by “hosting” the project. Stakeholders feel that a CDP would be the key to the success of WAGP’s operations and in building trust with the communities. These programs, especially those in the directly affected communities, are also important in providing the “developmental inputs” for the affected population since all affected households have insisted on cash payments instead of land-for-land arrangements and/or other types of resettlement assistance.

WAGP has initiated stakeholder consultations and Participatory Needs Assessment (PNA) using local social scientists, separate from the Environmental and Social Impact Assessment, to determine an appropriate direction in line with its evolving CDP objectives including:

• Identification of critical needs and “high-yielding” community development strategies;

• Local self-reliance and avoidance of paternalism or dependency;

• Partnerships with qualified NGOs, other private companies, international agencies, and other members of civil society who will take the lead in program execution; and

• Facilitation for better service delivery to local communities from governments and development institutions.

The WAGP Community Development Program also aims at promoting capacity-building, training and institutional strengthening rather than supporting “bricks and mortar” projects or activities. It is the overall objective of the CDP to help communities increase their productivity and competitiveness in the marketplace, thereby fostering long-term social and economic improvements.

These WAGP activities are among many preliminary efforts that have encouraged community members to identify and prioritize their own needs, and which have been filtered through a set of project “value drivers” to determine which projects will have the greatest impact on health,

Page 218: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-8

education, income generation, etc. This approach replaces “top down” models of assistance and corporate philanthropy. The WAPCo “value drivers” include:

1. Impact Spread benefits as evenly as possible within impacted communities with an aim towards poverty alleviation through high “value added” social and economic initiatives

2. Sustainability Local “ownership” of projects, encouraging self-reliance and avoid dependency

3. Project Management Partnership opportunities, transferability, optimizing existing resources, and minimizing direct WAGP involvement in implementation

During the initial two-year construction period, the project will focus on providing educational and healthcare support, as well as monitoring the overall fixed budget commitment towards finalizing these objectives. The PNA also identified future opportunities in terms of income generation and capacity building that will be incorporated into the later phases of the operating budgets.

7.1.4 Qualitative Assessment of Community Responses to the Proposed Project

The RAP team, with support from local social scientists, has carried out limited consultations in two communities: Ijoko and Itoki. Consultations were held with a total of 50 women and men in different parts of the pipeline route. Because of the project’s concern that efficient land markets may not exist, an attempt was made to determine whether people held titles to their land and could freely buy and sell their land. Discussions with people, as well as field observation along the proposed route, indicated that people are indeed buying and selling property, and an effective land market appears to be present. However, the consultations revealed that despite the fact that documentation proving land ownership among the affected people exists, only a few hold actual certificates of their ownership, as they are reported to be costly to obtain.

A rental market also exists. There are female landowners among the affected households, but they rent their houses to tenants as they live with their husbands. Whether claims are against rental homes or agricultural land, people are convinced that the rights of the tenants will not be jeopardized in the course of land acquisition. They suggest that a meeting should be held with all landowners, so if compensation is to be paid, all of them will be present to receive their shares. Tenants who have paid their rents for years ahead will be reimbursed for the unused rents from the proceeds they receive as compensation.

People indicated that by September/October 2002 they had been officially informed about the project although they had previously heard about it informally. With respect to impacts, people expressed their concerns about future losses associated with the actual productive inputs, including the purchase of the land, erecting structures/buildings and the physical labor invested in making improvements on the land. Many felt that their future will be adversely affected. In

Page 219: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-9

addition, people noted that since the establishment of OPTS prices on land and other productive inputs have escalated in the last years6. They felt uncertain whether the compensation to be given to them would be sufficient to cover their losses. They also complained about lack of roads and electricity. Therefore, people suggested that the community programs that WAPCo will launch as part of its corporate social responsibility should help provide opportunities to secure their future livelihoods.

The participants of the consultations mentioned that experiences of the affected communities with earlier pipeline projects (e.g., Shell) had been bitter. Payments were usually made to a few individuals who short-changed the others. Because of their negative experience, e.g. in Itoki, four different community development associations organized the Anuko/Ijoko Gas line Project Claimants Forum. The Forum intends to prevent the re-occurrence of earlier pipeline experience and ensure that with the new project (WAGP), promises would be honored.

People expressed their need to receive compensation payments directly into their own bank accounts, if they have them. They also emphasized that they must be notified of all payments in public to avoid inadequate payments. For example, references were made to an earlier incident resulting in some individuals’ confrontation with the firms that engage in estate valuation to avoid problems in receiving compensation payments.

“They called each person inside and paid each person directly and paid what they wanted. The energy companies appointed an Estate Valuer. Together with one chief, they duped the people. There was a Community Development Association then too, but it was not functional in the situation. It was only crop land that was affected. People whose land was affected were not compensated.” (A group of community members)

The consultations also demonstrated that people seek reassurance that the burial grounds/tombs, shrines, churches, and mosques will be avoided or they would be given cash to that they themselves can relocate these assets.7 In Alausa, people expressed a desire for forestation or small-scale fishing projects to be incorporated into community development efforts. In Abeokuta, people expressed their concerns that if the grass is not cut they will be vulnerable to snakes. Others felt that the costs associated with people’s investments in boreholes would not be adequately compensated. Therefore, they requested that WAGP replace the boreholes. Finally, many inquired about WAGP’s measures to guard against vandalization. When asked about the payment of rent, the WAGP representatives indicated that the Project will acquire the land outright and would not be paying rent. Additionally, both communities requested information regarding the WAGP’s policy on providing jobs for the local youth during the construction phase.

6 Thus, the project fully adjusted these rates for inflation. 7 According to local traditions, outsiders are not allowed to relocate these cultural assets.

Page 220: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-10

7.2 General Project Consultations and Feedback

In addition to the Stakeholder Identification activities listed in Section 7.1.1, WAPCo and the WAGP Project team have conducted over 400 consultations in all four WAGP countries. Many of the earlier consultations focused on building awareness of the project and educating stakeholders about natural gas pipelines. Stakeholders provided their inputs on EIA-related concerns and issues, and on other matters outside the scope of this RAP. See Annex 7.1 for summary tables of consultations held before November 2003. These tables present the number of consultations held with various stakeholders and the issues raised by the identified stakeholders.

Table 7.2-1 lists the meetings held within the Environmental and Social Impact Assessment where land acquisition, compensation and RAP issues were discussed. Feedback on the RAP process was also given at two third-party meetings (WAPCo members were not in attendance) along the Nigeria ROW. The attendees commented positively on the timing and visibility of actions taken by WAPCo with respect to the project. They mentioned the negative experience with prior pipeline projects and their wish to not repeat these problems. One of the concerns was related to the timing of compensation. As in other meetings, full cash compensation in advance of construction was demanded.

Table 7.2-1 Nigeria: Community Meetings Involving RAP Discussions

11/7/2002 Badagry 12/18/2002 Igbesa 11/7/2002 Igbesa 12/20/2002 Badagry 11/7/2002 Igbesa 5/29/2003 Ajido 11/7/2002 Imeke 7/10/2003 Igbesa 11/7/2002 Imeke 7/10/2003 Igbesa 11/7/2002 Imeke 7/11/2003 Badagry 11/20/2002 Lemode 7/12/2003 Otta 11/20/2002 Otta 7/28/2003 Otta 11/20/2002 Owode 9/26/2003 Ijoko/Itoki 11/25/2002 Ewupe 8/3/2019 Ijoko Erinko 11/25/2002 Ewupe 8/3/2019 Itoki

7.2.1 RAP Consultations

Additional meetings have been held to address specific land acquisition issues and broader RAP issues. While the primary intent of the following meetings was to air concerns about RAP related topics, as wel other matters. The feedback received at these meetings is presented in Section 7.2.

• Ijoko and Itoki Villages (Nigeria) RAP Workshop, August, 2003;

• Anuko – Ijoko Village (Nigeria) RAP Workshop, August, 2003; and

Page 221: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-11

• Meeting in Ota, Igbesa and Badagry between 16th and 20th of February 2004 on land acquisition and RAP.

7.3 RAP Disclosure

The following process will be used to disclose the RAP:

• WAGP will place the RAP in designated places and at least through the construction phase. In Nigeria, these will consist of Town Halls and/or Libraries, Igbesa Oba’s Palace, Badagry Town Hall, Local Government Headquarters (Ifo Local Government, Ado Odo Ota Local Government, and Badagry Local Government), Department of Petroleum Resources-Lagos, Lagos State Secretariat, Lands Department-Alausa, Ogun State Secretariat, Lands Department-Abeokuta, Oke Mosun, and the Ministry of Petroleum Resources-Abuja;

• WAGP will run public notices advising of the availability of the RAP in designated places, following the procedures used for the ESIA;

• WAGP will advise External Affairs to maintain contact with the relevant Ministries, other public agencies, local representatives and communities.

The World Bank Group requires that the RAP be submitted for their review. Once approved for public disclosure purposes, the RAP will be made available via the World Bank InfoShop. In addition, short brochures will be printed and distributed to inform people of the RAP implementation arrangements.

7.3.1 Information Gathering and Update for RAP Disclosure

Since early 2004, WAPCo has been carrying out a series of RAP activities implemented as part of RAP disclosure. These include:

• Disclosure of the compensation process and principle at public workshops and in affected villages with opportunities for affected people to provide feedback. Special effort has been and will continue to be made by WAGP External Affairs staff to determine the extent to which the public understands the land acquisition and compensation procedures and to manage the potential for unrealistically high expectations;

• Completion of the inventory of affected assets with full participation of the landowners and users as a follow up to the posting of these assets in public places in March 2004;

• Verification and update of the census of land owners and users during the next notification meetings and prior to acquisition of land (should the final investment decision be delayed).8

8 WAGP will also seek opportunities for identification of absentee owner and keep custody of entitlements/provisions for them in other countries. In Nigeria, no unknown absentee owners have been identified. If some owners are outside the area at the time of land acquisition, the bank accounts will be obtained either directly from them or from their resident kin.

Page 222: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-12

7.3.2 Response to Disclosure

Feedback received after the draft RAP has been disclosed will be collected and reviewed, and amendments will be considered during the finalization of the RAP (approximately 60-120 days after initial disclosure via the World Bank Group’s InfoShop).

7.4 RAP Grievances and Dispute Resolution Prior and During Land and Asset Acquisition

This section describes the avenues that are available for PAP to make a complaint or express a grievance against the project, its staff or contractors. It also describes the procedures, roles and responsibilities for addressing grievances and resolving disputes. Outcomes of the grievance process will be verified as part of resettlement monitoring (Chapter 8).

The focus of the project grievance resolution process is to achieve prompt redress for complaints at the project level. Bringing a grievance into the judiciary system will only be used as a last resort.

The objectives of the grievance process are as follows:

• Provide affected people with avenues for making a complaint or resolving any dispute that may arise during the course of land and asset acquisition, including during the process of moving homes;

• Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to address complaints;

• Verify that complaints are satisfied with outcomes of corrective actions;

• Avoid the need to resort to judicial proceedings.

7.4.1 Description of the Existing System

The general steps of the grievance process are described below. A flow chart outlining the main actions and decision points is shown in Figure 7.4-1.

Step 1: Receipt of Complaint

A complaint received verbally or in writing is recorded in a Grievances Log. WAGP/WAPCo External Affairs will maintain the Log during construction and once the operation phase commences. The Log entry will contain:

• Date and description of the grievance,

• Details of the person lodging the complaint;

• Name/position of the person recording the entry;

Page 223: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-13

• Document references if the grievance is filed in writing;

• Resolution efforts and dates (following Steps 2-4 below).

Step 2: Determination of Corrective Action

The party responsible for maintaining the Log (see Step 1) will determine a corrective action in consultation with the person lodging the complaint, if necessary. A description of the action; the time frame in which the action is to take place; and the party responsible for implementing the action will be recorded in the log. If appropriate the individual grievance and corrective action will be reviewed in terms of project policy and procedures to determine if any changes to the current system are warranted. This review will aid in avoiding similar grievances in the future.

Step 3: Meeting with Party who initiated the Complaint

The proposed corrective action and the timeframe in which it is to be implemented will be discussed with the complainant within 30 days of receipt of the grievance. Written agreement to proceed with the corrective action will be sought from the complainant (via an appropriate Resolution Agreement form). If no agreement is reached, Step 2 will be re-visited.

Step 4: Implementation of Corrective Action

The corrective action will be carried out by WAPCo within the agreed timeframe. The date of the completed action will be recorded in the Grievance Log.

Step 5: Verification of Corrective Action

The party who lodged the complaint will be approached by a WAPCo representative to verify that the corrective action has taken place. A signature of the complainant will be obtained and recorded in the log and/or on the Resolution Agreement form described in Step 3 above. If the complainant is not satisfied with the outcome of the corrective action additional steps may be carried out to reach agreement between the parties. If additional corrective action is not possible other avenues may be necessary.

Step 6: Alternative Action

If the complainant remains dissatisfied and a satisfactory resolution can not be reached, the complainant has the option to pursue appropriate recourse as provided in compensation contractual documents (as appropriate), mediation via local or traditional authorities, or via judicial processes in the applicable country.

Page 224: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 7

June 2004 Nigeria Final Draft RAP Rev 1 7-14

Aug 2003

-Meetings

-

Receipt ofComplaint

Nov 2003

-Register

-

Corrective Action

Determined And

Recorded in The Log

- -

Ongoing

-

Inventory

30 -dayperiod

Meeting with

The Party Who

InitiatesThe

Complaint

TakeCorrective

Action

Verification Of

CorrectiveAction

AlternativeAction

If no agreement is reached

If Complainant is not satisfied

Aug 2003

-Meetings

-

Receipt ofComplaint

Nov 2003

-Register

-

Corrective Action

Determined And

Recorded in The Log

- -

Ongoing

-

Inventory

30 -dayperiod

Meeting with

The Party Who

InitiatesThe

Complaint

TakeCorrective

Action

Verification Of

CorrectiveAction

AlternativeAction

If no agreement is reached

If Complainant is not satisfied

Aug 2003

-Meetings

-

Receipt ofComplaint

Nov 2003

-Register

-

Corrective Action

Determined And

Recorded in The Log

- -

Ongoing

-

Inventory

30 -dayperiod

Meeting with

The Party Who

InitiatesThe

Complaint

TakeCorrective

Action

Verification Of

CorrectiveAction

AlternativeAction

If no agreement is reached

If Complainant is not satisfied

Aug 2003

-Meetings

-

Receipt ofComplaint

Nov 2003

-Register

-

Corrective Action

Determined And

Recorded in The Log

- -

Ongoing

-

Inventory

30 -dayperiod

Meeting with

The Party Who

InitiatesThe

Complaint

TakeCorrective

Action

Verification Of

CorrectiveAction

AlternativeAction

If no agreement is reached

If Complainant is not satisfied

Figure 7.4-1 Existing Grievance Process in Nigeria

Page 225: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-1

Chapter 8 Monitoring and Evaluation

8.1 Objectives Monitoring and evaluation (M&E) procedures establish the effectiveness of all land and asset acquisition and resettlement activities, in addition to the measures designed to mitigate adverse social impacts. The procedures include internal track keeping efforts as well as independent external monitoring.

The purpose of resettlement monitoring in Nigeria will be to verify that:

• Actions and commitments described in the RAP are implemented;

• Eligible people and communities receive their full compensation prior to the start of the construction activities in the respective areas;

• RAP actions and compensation measures have helped the people who sought cash compensation in restoring their lost incomes and in sustaining/improving pre-project living standards;

• Complaints and grievances lodged by project affected people are followed up and, where necessary, appropriate corrective actions are taken;

• If necessary, changes in RAP procedure are made to improve delivery of entitlements to project affected people.

The World Bank Group’s policy (OP 4.12) states that the project sponsor is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both a warning system for the project sponsor and a channel for the affected persons to make known their needs and their reactions to resettlement execution. The sponsor’s monitoring and evaluation activities and programs should be adequately funded and staffed. In-house monitoring may need to be supplemented by independent monitors to ensure complete and objective information. Accordingly, the primary monitoring responsibility for monitoring rests with the project sponsor. WAPCo already has a Land Acquisition team, an Environmental and Social team, and an implementation monitoring unit. These different groups, in cooperation with each other and with guidance from the Community Relations Department will monitor the project. The ultimate responsibility for all RAP monitoring activities will be with this Department, reporting directly to the WAGP Project Manager. WAPCo will also support expert monitoring by a Panel of Experts described in Section 8.4. This Panel will also act as the Expert Panel that is funded for ESIA.

8.2 RAP Monitoring Framework There are three components of the monitoring framework for the WAGP project:

• internal monitoring by WAPCo; • impact monitoring commissioned to specialized firms; and

Page 226: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-2

• RAP Completion Audit.

The scope of each type of monitoring is briefly described in the following sections and in Table 8.2-1. The roles and responsibilities for internal and external monitoring are discussed, along with the reporting, staffing, and resources needed for the monitoring program.

Table 8.2-1 RAP Monitoring Framework

Component Activity

Type of Information/Data

Collected

Source of Information/

Data Collections Methods

Responsibility for Data

Collection, Analysis and

Reporting

Frequency/ Audience of Reporting

Internal Performance Monitoring

Measurement of input, process, output and outcome indicators against proposed timeline and budget, including compensation disbursement

Quarterly narrative status and compensation disbursement reports

WAPCo RAP land acquisition team, including community relations representatives

Semi annual or as required by WAPCo RAP management team and lenders

Impact Monitoring

Tracking effectiveness of inputs against baseline indicators Assessment of affected people’s satisfaction with inputs, processes and outputs

Annual quantitative and qualitative surveys. Regular public meetings and other consultation with project affected people; review of grievance mechanism outputs.

WAPCo RAP land acquisition team, including external affairs representatives Panel of Experts

Annual

Completion Audit

Assessment that all components of the RAP were implemented, with comparison of the PAP situation before and after RAP implementation using a representative sample

External assessment/sign off report based on performance and impact monitoring reports, independent surveys and consultation with affected persons

Contracted external auditing and evaluation auditor Panel of Experts

On completion of RAP timetable

Page 227: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-3

In order to effectively report on the effectiveness of RAP implementation, WAPCo, as the project sponsor, will monitor the following key indicators, in keeping with World Bank/IFC requirements:

• The timely disbursement of compensation; • Compensation disbursement to the correct parties; • Public consultation and grievance procedures in place and functioning; and • The physical progress of resettlement and rehabilitation, where applicable.

WAPCo’s monitoring will provide the RAP management team with feedback on RAP implementation and help ensure that adverse impacts on affected people are mitigated in a timely manner. M&E will be the main mechanism to alert management of any delays and problems and will help WAPCo measure the extent to which the main objectives of the resettlement plan have been achieved. RAP monitoring and evaluation activities will be adequately funded as indicated in Chapter 9, implemented by qualified specialists and integrated into the overall project management system.

WAPCo’s RAP monitoring and evaluation activities will be supplemented and verified by monitoring efforts of an independent Panel of Experts specialized in land acquisition and resettlement issues.

The establishment of appropriate indicators in the RAP is essential since what is measured is what will be considered important. Indicators will be created for affected people as a whole, for key stakeholder groups, and for special categories of affected groups such as women. Key performance indicators for monitoring are commonly divided into five categories for World Bank Group financed activities:

• Input indicators include the resources in terms of people, equipment and materials that go into the RAP. Examples of input indicators in the RAP include: (i) the sources and amounts of funding for various RAP activities; and (ii) the establishment of the Land Acquisition Team.

• Output indicators concern the activities and services, which are produced with the inputs. Examples of output indicators in the RAP include (i) a database for tracking individual plot compensation; and (ii) the payment of compensation for loss of land or assets.

• Process indicators represent the change in the quality and quantity of access and coverage of the activities and services. Examples of process indicators in the RAP include:

(i) The creation of grievance mechanisms;

(ii) The establishment of stakeholder channels so that they can participate in RAP implementation; and

(iii) Information dissemination activities.

• Outcome indicators include the delivery of compensation and other mitigation to avoid economic and physical displacement caused by the Project. They measure whether compensation is paid and received, whether the affected populations who preferred to cash

Page 228: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-4

compensation to in-kind resettlement assistance offered to them were able to use compensation payment for sustained income.

The most important indicators for the RAP in the near term concern outputs, processes and outcomes since they define whether the planned level of effort is being made and whether early implementation experience is being used to modify/redesign RAP features. Over the medium to long term, outcome and impact indicators are critical since they are the ultimate measure of the RAP’s effectiveness in restoring people’s livelihoods.

Monitoring indicators may have to be defined or re-defined during the course of project in response to changes to project-related conditions. Consequently, implementation and mitigation measures may have to be adopted to incorporate these changes into the M&E plan.

8.2.1 Reporting

RAP monitoring reports will be prepared in accordance with World Bank Group guidelines. Progress will be reported for the following tasks:

• Internal monitoring; • Expert monitoring; • Completion audit; • Land Acquisition/Compensation;

WAPCo will use a device such as a bar chart/Gantt chart or MSProject table to assess and present information on progress of timebound actions.

8.2.2 Staff and Monitoring

The WAPCo RAP management team will oversee all aspects of monitoring and evaluation, and will provide high-level review of internal performance and impact monitoring and associated reports. The management team will be supported by WAPCo’s land acquisition team supplemented by staff with appropriate skills to carry out:

(i) RAP project resettlement requirements as defined by this RAP;

(ii) Gathering and presentation of monitoring indicators to be used;

(iii) Design and implementation of basic techniques to be used for collecting information and feedback from project affected people; and

(iv) Reporting requirements and formats.

As discussed in Chapter 5, the primary responsibility for the land acquisition team will fall under the Community Relations Supervisor, reporting to the WAGP Project Director. Currently, the WAGP Project Team Community Relations Department has been overseeing community liaisons with project affected persons. CR specialists are highly knowledgeable of local conditions and are familiar with local NGO and governmental organizations that assist with resettlement.

Page 229: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-5

The WAPCo land acquisition team, in cooperation with other units, and through the WAGP Community Relations team, will submit quarterly status reports and will be responsible for carrying out the following monitoring tasks with respect to RAP implementation:

• Identify breaches of RAP plans, and recommend corrective action;

• Ensure relocation of all affected cultural assets such as shrines, graves, etc.;

• Verify that all assets are compensated fully prior to the start of contruction in affected land plots;

• Monitor performance of the construction contractor with respect to land and crops not compensated for or acquired prior to the start of construction;

• Monitor the construction contractor’s land reinstatement activities. The project will also establish mechanisms for participatory M&E consistent with the guidelines of the World Bank Group. This activity will be designed during the initial phase of the RAP implementation based on consultations to be launched.

8.3 Internal Performance Monitoring

Performance monitoring is an internal management function that will allow WAPCo to measure physical progress against milestone input, process, output and outcome indicators established in the RAP. To ensure independence of internal monitoring arrangements within the RAP Management Team are made so that the roles of the monitoring staff are separated from the other roles.

8.3.1 Types of Information/Data Collected

The information used in internal performance monitoring will include assessment of the milestones outlined in Table 8.2-2.

8.3.2 Source of Information/Data Collection Methods

Performance monitoring of the RAP will be integrated into the overall project management to ensure that RAP activities are synchronized with all project implementation activities. Various methods will be used to monitor progress against the milestones established in the RAP, such as:

• Interviews of random sample of affected people, using open-ended discussions to assess their knowledge and concerns regarding the land and asset acquisition process, their entitlement and rehabilitation measures;

• Preparation and implementation of a socioeconomic survey at the time of land acquisition with a representative sample of affected owners/tenants to establish a baseline for subsequent monitoring;

• Up-date of baseline survey within 18 months of land acquisition;

Page 230: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-6

Table 8.2-2 Internal Performance Monitoring Milestones

Indicator Type Milestone Input • Updated Census of affected people so that tenants, absentee owners, residents of

completed and partially completed homes are noted. • An additional Census if project requires additional roads to be built. • An updated asset inventory if more than a year elapses between the cut-off date and

the declaration of the Final Investment Decision and/or the start of the land acquisition payments.

• An updated asset inventory if a decision is made to add access roads or to enlarge any of the existing roads to cover the newly affected areas.

• Socioeconomic survey of a representative sample of affected households and tenants to serve as baseline for subsequent monitoring.

Output • Valuation and determination of compensation for affected assets conducted in accordance with relevant legislative frameworks, (to be updated before FID).

• Public meetings held: consultations with project affected people (PAP) at the village or town level for areas to be included in the project if a decision to add or to enlarge an access road is made.

Outcome and Impact • Compensation payments disbursed: WAPCo will conduct a field check to verify that compensation payments have been received by landowners, leaseholder and other users, and will confirm levels and timing of payments.

• Grievance redress procedures in place and functioning: WAPCo will check the type of grievance issues and the functioning/effectiveness of grievance redress mechanisms by reviewing the processing of appeals at all levels, the outcomes of grievances and PAP satisfaction with grievance procedures. As part of this, WAPCO will interview aggrieved affected people.

• If chosen as a resettlement option, Housing and related infrastructure completed prior to the start of the construction and no households are left homeless after they have opted for cash compensation.

• Monitoring and evaluation reports submitted.

• Public consultations with affected people at village or town level as well as in-depth interviews with community leaders and estate surveyors who represented the people in land acquisition negotiations to facilitate willing-buyer/willing-seller arrangements; and

• Case studies of grievances.

Information will be collected and compiled in the quarterly narrative status and compensation disbursement reports.

8.3.3 Responsibility for Data Collection, Analysis and Reporting

The WAPCo RAP Management team, working directly under the Project Director and supported by other departments, will have primary responsibility for the implementation of all internal monitoring activities. Designated staff will collect relevant data in a standardized format.

8.3.4 Frequency/Audience of Reporting

Performance monitoring reports for the WAPCo RAP management team will be prepared at regular intervals (semi annually), beginning with the commencement of any activities related to

Page 231: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-7

resettlement, including income restoration. These reports will summarize information that is collected and compiled in the quarterly narrative status and compensation disbursement reports and highlight key issues that have arisen. As a result of the monitoring of inputs, processes, outputs and outcomes of RAP activities, project management will be advised of necessary improvements in the implementation of the RAP.

8.4 Impact Monitoring

Impact monitoring gauges the effectiveness of the RAP and its implementation in meeting the needs of the affected population. WAPCo’s land acquisition team will commission social and economic impact monitoring studies in consultation with the external and independent Panel of Experts. Results will be reviewed by WAPCo’s RAP management team as well as by the Panel. The results of impact studies as well as internal monitoring efforts will be available through the regular information outlets of WAPCo, including a web-page.

Impact monitoring will enable WAPCo to do the following:

• Assess the effects of land acquisition;

• Verify internal performance monitoring; and

• Identify adjustments in the implementation of the RAP, as required.

WAPCo will include the affected persons in all phases of impact monitoring, including the identification and measurement of baseline indicators. One baseline has already been established through the asset inventories, land use assessments and preliminary socio-economic studies of the population and area affected by the project, as described in chapter 4. Impact monitoring will also review consultation and grievance mechanism outputs such as the types of grievances identified and the outcomes.

8.4.1 Type of Information/Data Collected

In order to measure the project impact and to assess the effectiveness of project impact mitigation measures WAPCo will evaluate various categories of quantitative economic, public health and social indicators at the household and/or individual level, as appropriate.

In addition to quantitative indicators, impact monitoring will be supplemented by the use of qualitative indicators to assess client satisfaction and the satisfaction of the affected people with the choices that they have made in re-establishing themselves. Tracking this data will allow WAPCo to determine the following types of information:

• The extent to which quality of life and livelihood has been restored; and

• Whether Project Affected Persons have experienced any hardship as a result of the project.

Page 232: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-8

8.4.2 Source of Information/Data Collection Methods

Impact monitoring data will be collected at appropriate intervals through qualitative and quantitative surveys, and include a review of grievance mechanism outputs. WAPCo intends to directly consult with the affected populations through regular public meetings.

8.4.3 Responsibility for Data Collection, Analysis and Reporting

The WAPCo land acquisition team will have primary responsibility for the implementation of all internal monitoring activities. Designated staff will collect and review relevant data in a standardized format.

8.4.4 Frequency/Audience of Reporting

Impact monitoring data will be reported to the RAP management team and relevant external agencies annually, or more frequently as required.

The monitoring will continue for two years beyond the completion of the land acquisition process.

8.5 External Monitoring

WAPCo’s internal monitoring activities will be supported by external monitoring of the RAP by an independent Panel of Experts, which will conduct semi-annual evaluation of process, outputs, outcome, and impact indicators. These experts will have internationally recognized social and environmental impact mitigation monitoring qualifications and can be selected from among the senior experts who have contributed to RAP preparation so that their knowledge and experience can be fully utilized.

Specifically, the tasks of the Panel are to:

• Verify results of internal monitoring, by field check of delivery of acquisition, compensation and rehabilitation measures, such as the following –

• Payment of compensation, including its levels and timing;

• Infrastructure repair and relocation;

• Housing reconstruction, where appropriate;

• Land reinstatement and restoration; and

• Enterprise relocation, compensation and its adequacy;

• Assess overall compliance with the RAP;

• Identify any areas of non-compliance and agreed corrective actions;

• Verify that project affected people’s incomes and livelihoods have been restored or enhanced.

Page 233: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 8

June 2004 Nigeria Final Draft RAP Rev 1 8-9

It is anticipated that the external monitoring auditor will conduct a range of activities in support of evaluation, which may include the following:

• Interview a random sample of PAPs in open-ended discussions to assess their knowledge and concerns regarding the resettlement process, entitlements and rehabilitation measures;

• Participate as an observer in public consultations for PAPs at the village or town level;

• Observe the functioning of resettlement operations such as income restoration activities to assess its effectiveness and compliance with the RAP;

• Check the type of grievance issues and the functioning of the grievance redress mechanisms by reviewing processing of appeals at all levels and interviewing aggrieved PAPs;

• Survey the standards of living of the PAPs before and after implementation of resettlement to assess whether the standards of living of the PAPs have improved or been maintained;

• Advise project management regarding possible improvements in the implementation of the RAP.

8.6 Completion Audit

World Bank Group guidance (OP 4.12) states that upon completion of the project, the Sponsor oversees an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and the impacts of resettlement monitoring. If the assessment reveals that these objectives have not been realized, the sponsor proposes follow-up measures that may serve as the basis for World Bank Group supervision, as is deemed appropriate. An external auditor or the Panel of Experts will undertake the completion audit.

The audit will allow WAPCo, legal authorities, lenders and external stakeholders to verify that all physical inputs committed in the RAP have been delivered and all services provided, and that land acquisition and compensation have been completed in compliance with OP 4.12. The audit will also evaluate that the mitigation actions prescribed in the RAP have the desired effect.

Page 234: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 235: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 9

June 2004 Nigeria Final Draft RAP Rev 1 9-1

Chapter 9 Resettlement Budget and Financing

The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. Full compensation will be paid for assets lost.

An itemized budget is presented in this chapter. The budget describes the estimated cost for each of the resettlement activities aspects: operations, compensation, resettlement, and monitoring. These aspects are further divided and are presented in Table 9.1-1.

The project sponsors provide financing to WAPCO for RAP activities. WAPCo will pay RAP compensation directly to the affected parties. The RAP specifies the mechanisms for channeling funds for disbursement to affected parties.

Page 236: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 9

June 2004 Nigeria Final Draft RAP Rev 1 9-2

Table 9.1-1: Budget for Compensation, Land Acquisition, and RAP Activities in Nigeria

(Planning, Construction and Operation Phases)1

Cost Item Estimated Cost (US$) Comment Period of Expenditure

Budget of RAP management and operations N/A

Staffing as described in Chapter 5 is funded via an overall staffing budget, as approved by the WAGP Authority pursuant to the International Project Agreement2.

Planning, Construction and Operations

Compensation to affected people

Compensation for residential structures and plots

$298,211

(N 38,767,463 )

Compensation for loss of complete, partial, or foundation-level residential plots and sheds on affected lands. Estimated using the maximum developed land values for completed houses, 2/3 of the maximum value for partially developed houses and about half of the maximum value for foundations.3 The maximum values are discounted to per square meter values, and then compensation is calculated for the land segment lost.

Construction

Compensation for lost crops

$868,319

(N112,881,490)

Compensation for lost crops and trees on affected lands. Estimated using 75 percent increased OPTS rates for crops. Does not include allowances for transaction costs and fees to independent surveyors. Includes cash crops and staples, hardwood and softwood trees.

Construction

Compensation for acquisition or permanent loss of use in rural land

$184,711

(N24,012,485)

Compensation for loss of use rights on the affected land. Estimated to be about N35 per square meter, according to 10 times the OPTS rates for rural land, increased by 75 percent.

Construction

1 Source of funds as well as the disbursement channel for funds will be the project sponsor. 2 Average Staffing Time Allocation for RAP implementation is estimated to be as follows: RAP Management Team (5 percent for 3 years), Community Relations (25 percent for 6 months and 5 percent for 2.5 years), Legal (10 percent for 6 months and 2 percent for 2.5 years), and Engineering (5 percent for 6 months). 3 Values based on the purchase price of a 120 square meter, 4 bedroom bungalow, valued at N2.4 million.

Page 237: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 9

June 2004 Nigeria Final Draft RAP Rev 1 9-3

Cost Item Estimated Cost (US$) Comment Period of Expenditure

Compensation for other lost structures

$ 83,483

(N 10,852,831 )

These include lost commercial structures, blockwork structures, and fenceworks in the area. Construction

Compensation to communities and traditional authorities

$ 537,879

(N 69,924,263)

Compensation for loss of right. Estimated based on the total size of community lands affected, purchased at the land rate of N50 per square meter

Construction

Compensation related to cultural resources and hospital

$ 34,182

(N 4,443,670)

Removal / reconstruction expenses or cash payments for all cultural assets and the hospital foundation affected Construction

Water resources-related compensation

$32,662

(N 4,246,099)

Compensation for loss or disruption of use of water resources or fisheries Construction

Miscellaneous Compensation

$7,442

(N 967,484)

Page 238: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 9

June 2004 Nigeria Final Draft RAP Rev 1 9-4

Cost Item Estimated Cost (US$) Comment Period of Expenditure

Sub total - compensation

$ 2,046,891

(N 266,095,784)

External Monitoring and Evaluation

Baseline socio-economic survey and updates, and impact studies

100,000

Conducting a baseline socio-economic survey of a representative sample and one update; External commissioned impact studies

Construction and Operations

External expert panel 200,000 External expert opinions / adjustments to the RAP based on survey findings This budget also covers expert panel for EIA oversight

Construction and Operations

Sub total – monitoring and evaluation 350,000

Subtotal - all of above $ 2,396,891

Contingency $ 479,378 20% for unidentified claims, unexpected expenses, and inflation due to delays

TOTAL RAP BUDGET $ 2,876,269

Page 239: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 10

June 2004 Nigeria Final Draft RAP Rev 1 10-1

Chapter 10 Schedule for RAP Implementation

The RAP implementation schedule spans the period from early 2002 when resettlement implications of alternative siting of the pipeline corridor and other facilities were considered and when subsequently in August 2002 the earliest stages of consultations on the minimization of adverse livelihood impacts began, to mid-2007 which approximates the time when construction is completed and pipeline operations have stabilized. Key compensation activities related to land acquisition and compensation are expected to cover a 9-month period following Final Investment Decision (FID). Thereafter, livelihood restoration activities will begin.1 The RAP implementation schedule defines the duration and timing of the key milestones and tasks for the following activities:

• Preparation of the RAP;

• Consultation and disclosure of the RAP;

• Final Investment Decision (FID) and continued consultations with affected people;

• Asset and land acquisition and compensation synchronized with project construction phases;

• Baseline on directly affected populations;

• Reinstatement of land following the construction of each section of the project;

• Commencement of project operations;

• Monitoring and evaluation, including baseline update;2 and

• Implementation of WAPCo Community Development programs.

Fig. 10.1-1, below, illustrates the components of the implementation timeline following the FID for WAPCo to construct the pipeline. When the Final Investment Decision is taken, the implementation schedule will be prepared in far greater details and the time periods indicated in Figure 10.1-1 will be converted into specific dates.

1 As already mentioned and documented, the affected populations exclusively preferred cash compensation

over land-for-land and other resettlement assistance arrangements. As a result, they will be the ones to initiate income restoration activities. As the project will pay cash compensations well ahead of the actual start of the construction, many of them may actually start income restoration activities with the cash they have at end.

2 The subsequent baseline update will facilitate the documentation of income restoration and asset replenishment activities.

Page 240: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 10

June 2004 Nigeria Final Draft RAP Rev 1 10-2

Figure 10.1-1: RAP Implementation Timeline3

Note: Schedule based on initial construction tenders for Nigeria including constructing the Alagbado tee-station, mainline from Alagbado to Lagos Beach, and tie in with Lagos Beach compressor station

3 Figure10.1-1 will be further completed to include a dated implementation schedule/timeline.

Task2000-2002 Q1 03 Q2 03 Q3 03 Q4 03 Q1 04 Q2 04 Q3 04 FID

FID +3

Mo.

FID +6

Mo.

FID +9

Mo.

FID +12 Mo.

FID +15 Mo.

FID +18 Mo.

FID +21 Mo.

FID +24 Mo.

FID +27 Mo.

FID +30 Mo.

FID +33 Mo.

FID +36 Mo.

FID +39 Mo.

FID +42 Mo.

FID +45 Mo.

FID +48 Mo.

FID +51 Mo.

FID +54 Mo.

FID +57 Mo.

FID +60 Mo.

Identification of alternative routes and sites

Evaluation of RAP implications of alternatives and selection of the alternative minimizing physical dislocation and/or requiring excessive land acquisition

Preparation and conducting of social impact household surveys with sample of affected communities and householdsIdentification of affected land configuration through Estate SurveysConsultation with affected persons and householdsSpecification of category of affected fixed assets

Identification of names, addresses, ownership/use status, gender, age of claimantsFinalization of establishment of estate survey spreadsheetsDisclosure of affected assets and claimants

Page 241: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 10

Figure 10.1-1: RAP Implementation Timeline (continued)

June 2004 Nigeria Final Draft RAP Rev 1 10-3

Note: Schedule based on initial construction tenders for Nigeria including constructing the Alagbado tee-station, mainline from Alagbado to Lagos Beach, and tie in with Lagos Beach compressor station.

Task2000-2002 Q1 03 Q2 03 Q3 03 Q4 03 Q1 04 Q2 04 Q3 04 FID

FID +3

Mo.

FID +6

Mo.

FID +9

Mo.

FID +12 Mo.

FID +15 Mo.

FID +18 Mo.

FID +21 Mo.

FID +24 Mo.

FID +27 Mo.

FID +30 Mo.

FID +33 Mo.

FID +36 Mo.

FID +39 Mo.

FID +42 Mo.

FID +45 Mo.

FID +48 Mo.

FID +51 Mo.

FID +54 Mo.

FID +57 Mo.

FID +60 Mo.

Preparation of valuation methodsHolding of the FEED/Land Acquisition Public Hearings to verify entitlements and proposed valuation methodsEstablishment of the cut-off date (March 2004)

Negotiations with willing sellers and their representatives

Finalization of the draft RAP reportRAP disclosure in the countryRAP disclosure in the InfoShop

Response to feedback to draft RAP and RAP finalizationConsultation after disclosure of RAP

Page 242: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 10

Figure 10.1-1: RAP Implementation Timeline (continued)

June 2004 Nigeria Final Draft RAP Rev 1 10-4

Note: Schedule based on initial construction tenders for Nigeria including constructing the Alagbado tee-station, mainline from Alagbado to Lagos Beach, and tie in with Lagos Beach compressor station.

Task2000-2002 Q1 03 Q2 03 Q3 03 Q4 03 Q1 04 Q2 04 Q3 04 FID

FID +3

Mo.

FID +6

Mo.

FID +9

Mo.

FID +12 Mo.

FID +15 Mo.

FID +18 Mo.

FID +21 Mo.

FID +24 Mo.

FID +27 Mo.

FID +30 Mo.

FID +33 Mo.

FID +36 Mo.

FID +39 Mo.

FID +42 Mo.

FID +45 Mo.

FID +48 Mo.

FID +51 Mo.

FID +54 Mo.

FID +57 Mo.

FID +60 Mo.

Land acquisitionPayment issues prior to constructionPayment issues directly to affected people in lump sum

Finalization of the arrangements for grievance mechanismsLegal title transfer & other administration

ConstructionReinstatement of land

Commencement of operations

Monitoring and evaluationInternalExternalAudit

Implementation of community programs

Page 243: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 10

June 2004 Nigeria Final Draft RAP Rev 1 10-5

10.1 Plan Preparation

Development of the formal RAP for the Nigerian portion of the project began in May 2003 with socioeconomic surveys in the field. It was completed in May 2004. Public disclosure of the final document will be made in June 2004 subsequent to review and consultation with World Bank authorities. Individual plans for Ghana, Togo, and Benin are being written over the same time period. All RAPs will be submitted to the World Bank and be made available to other International Finance Institutions (IFIs).

10.2 Consultation and Disclosure

Public consultations, as required by law, were initiated as early as May 2000 during preliminary meetings with regulatory authorities. To date, WAPCo and the WAGP Project team have conducted over 400 consultations in all four WAGP countries. A summary of the process and the events related to the public consultation activities in Nigeria is provided in Chapter 5 of the Final Draft EIA Report (WAGP Final Draft EIA Report, 2004) and in Chapter 7 of this report.

A broad range of stakeholders, including state authorities, traditional ruling authorities, non-governmental organizations, youth organizations, media, and villagers along the pipeline route have been contacted. As a result of the consultative process, adverse impacts from route siting on people’s livelihoods and places of cultural heritage have been minimized. As described in Chapter 7, many of the land acquisition elements of the RAP and EIA consultations have been integrated since the beginning of August 2002.

In Nigeria, the estate surveyors conducted open forums for the communities to inform the communities about the proposed WAGP ROW acquisition and to further reassure the communities that the process of land acquisition will be transparent and that fair and adequate compensation will be paid to the affected landowners. These meetings were held in the following locations:

• Igbesa, 10th July, 2003 • Badagry, 11th July, 2003 • Otta, 12th July, 2003

Disclosure of the RAP continues the public consultation process by communicating the plan for implementation of land acquisition and compensation, as well as monitoring and evaluation of the mitigation measures. The land acquisition process description, including estate surveys, was included as part of the front end engineering and design (FEED) package that was submitted to regulatory authorities as part of the permit approval process. The information was subsequently displayed publicly for local communities and stakeholders and presented at public workshops and hearings. These workshops and hearings were conducted to gather comments on the project design, as well as hear comments on the land acquisition issues and to allow landowners and other stakeholders to identify themselves. The process has also been communicated through the project,s community relations staff.

In addition to RAP disclosure, consultation and disclosure of the potential environmental and social impacts began with the submission of the preliminary draft EIA submitted in March 2003.

Page 244: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Chapter 10

June 2004 Nigeria Final Draft RAP Rev 1 10-6

Additional analysis and response to public comments were integrated to a final draft EIA submitted in January 2004. Public hearings related to the impact environmental and social analysis are planned for the spring 2004 with the final EIA approval targeted for summer 2004.

10.3 Land Acquisition and Construction

The step-by-step procedure of the land acquisition process is illustrated in Chapter 5 and additional information on Monitoring and Evaluation Activities are provided in Chapter 8.

Land acquisition activities will be synchronized to the project construction. In Nigeria, specific land acquisition negotiations and contract preparation began in January 2004 following the survey of the land ownership and valuation. The estate survey report was completed in October 2003 by Alonge, Ogunmoyero and Company.

As part of the negotiations it will be stressed that the acquisition of properties (including appropriate compensation mechanisms) will be aligned with the construction schedule. The final schedule for construction is not yet in place. However, it is envisaged that site work will commence within nine months of the construction contract award after payment of compensation. The commencement date of the schedule for the whole of WAGP is dependent on the final investment decision (FID), which has not yet been made. Construction activities in Nigeria, including the completion of the Alagbado tee station, onshore pipeline route and the Lagos Beach compressor station, are expected to occur over a 24-month period after award of contract. This timeframe would include reinstatement activities.

10.4 Monitoring and Evaluation

Methods for monitoring and evaluation of the RAP are described in Chapter 8. These activities will occur over the construction period and will continue for approximately 3 years following completion of the construction phase.

10.5 Community Development Programs

Community development program alternatives are currently being analyzed in consultation with affected communities through WAPCo’s Community Development Program and will be subject to their own schedule. Specific community development program decisions will not be made until after FID. Some of the programs would likely occur during the construction phase if the deployment of construction equipment and labor can serve both community development and project construction purposes. Additional community development programs would be implemented following the construction phase and concurrent with the RAP monitoring and evaluation activities. The need to give priority to the directly affected communities, particularly to households that have lost land and other assets to the project, will be recognized and incorporated in the design and implementation of these programs.

Page 245: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 1.1 Involuntary Resettlement Policy OP 4.12

Page 246: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 247: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

OP 4.12

December 2001

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Involuntary Resettlement (Revised

April 2004) (Revised April 2004)

OP 4.12 (Revised April 2004) applies only to projects that are governed by OP / BP 6.00, Bank Financing - that is, those in countries with approved country financing parameters. Other operational policy statements governing Bank financing that have been amended to reflect OP/BP 6.00 also apply to these projects, click to view a full Table of Contents (blue). Projects in countries without approved country financing parameters continue to be subject to other operational policy statements governing Bank financing; click here for a full Table of Contents (yellow) that includes these statements. ___________________________________________________________________________________________________________________________________________________________________________________

Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. This OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions may be addressed to the Director, Social Development Department (SDV). ___________________________________________________________________________________________________________________________________________________________________________________

1. Bank1 experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks.

Policy Objectives

2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank's policy on involuntary resettlement are the following: (a) Involuntary resettlement should be avoided where feasible, or minimized, exploring

Page 248: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

all viable alternative project designs.2 (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons3 should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. (c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.4

Impacts Covered

3. This policy covers direct economic and social impacts5 that both result from Bank-assisted investment projects6 , and are caused by

(a) the involuntary7 taking of land8 resulting in

(i) relocation or loss of shelter; (ii) lost 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

(b) the involuntary restriction of access9 to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. 4. This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank-assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project.

5. Requests for guidance on the application and scope of this policy should be addressed to the Resettlement Committee (see BP 4.12, para. 7).10

Required Measures

6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the following:

(a) The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are

Page 249: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

(i) informed about their options and rights pertaining to resettlement;

(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and

(iii) provided prompt and effective compensation at full replacement cost11 for losses of assets12 attributable directly to the project.

(b) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are

(i) provided assistance (such as moving allowances) during relocation; and

(ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.13

(c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are

(i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;14 and

(ii) provided with development assistance in addition to compensation measures described in paragraph 6(a) (iii), such as land preparation, credit facilities, training, or job opportunities.

7. In projects involving involuntary restriction of access to legally designated parks and protected areas (see para. 3(b)), the nature of restrictions, as well as the type of measures necessary to mitigate adverse impacts, is determined with the participation of the displaced persons during the design and implementation of the project. In such cases, the borrower prepares a process framework acceptable to the Bank, describing the participatory process by which

(a) specific components of the project will be prepared and implemented;

(b) the criteria for eligibility of displaced persons will be determined;

(c) measures to assist the displaced persons in their efforts to improve their livelihoods, or at least to restore them, in real terms, while maintaining the sustainability of the park or protected area, will be identified; and

Page 250: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

(d) potential conflicts involving displaced persons will be resolved.

The process framework also includes a description of the arrangements for implementing and monitoring the process.

8. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples,15 ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation.

9. Bank experience has shown that resettlement of indigenous peoples with traditional land-based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has explored all viable alternative project designs to avoid physical displacement of these groups. When it is not feasible to avoid such displacement, preference is given to land-based resettlement strategies for these groups (see para. 11) that are compatible with their cultural preferences and are prepared in consultation with them (see Annex A, para. 11).

10. The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For impacts covered in para. 3(b) of this policy, the measures to assist the displaced persons are implemented in accordance with the plan of action as part of the project (see para. 30).

11. Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land (see footnote 1 above), or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area,16 or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank.

12. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fraction17 of the

Page 251: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets.

13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following: (a) Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups. (b) In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder). (c) Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers' preferences with respect to relocating in preexisting communities and groups are honored.

Eligibility for Benefits18

14. Upon identification of the need for involuntary resettlement in a project, the borrower carries out a census to identify the persons who will be affected by the project (see the Annex A, para. 6(a)), to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifies grievance mechanisms.

15. Criteria for Eligibility. Displaced persons may be classified in one of the following three groups:

(a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);

Page 252: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

(b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan (see Annex A, para. 7(f)); and19

(c) those who have no recognizable legal right or claim to the land they are occupying.

16. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided resettlement assistanc20 in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank.21 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 included in para. 15(a), (b), or (c) are provided compensation for loss of assets other than land.

Resettlement Planning, Implementation, and Monitoring

17. To achieve the objectives of this policy, different planning instruments are used, depending on the type of project:

(a) a resettlement plan or abbreviated resettlement plan is required for all operations that entail involuntary resettlement unless otherwise specified (see para. 25 and Annex A);

(b) a resettlement policy framework is required for operations referred to in paras. 26-30 that may entail involuntary resettlement, unless otherwise specified (see Annex A); and

(c) a process framework is prepared for projects involving restriction of access in accordance with para. 3(b) (see para. 31).

18. The borrower is responsible for preparing, implementing, and monitoring a resettlement plan, a resettlement policy framework, or a process framework (the "resettlement instruments"), as appropriate, that conform to this policy. The resettlement instrument presents a strategy for achieving the objectives of the policy and covers all aspects of the proposed resettlement. Borrower commitment to, and capacity for, undertaking successful resettlement is a key determinant of Bank involvement in a project.

19. Resettlement planning includes early screening, scoping of key issues, the choice of resettlement instrument, and the information required to prepare the resettlement component or subcomponent. The scope and level of detail of the resettlement instruments vary with the magnitude and complexity of resettlement. In preparing the resettlement component, the borrower draws on appropriate social, technical, and legal expertise and on relevant community-based organizations and NGOs.22 The borrower

Page 253: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

informs potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design.

20. The full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. The costs of resettlement, like the costs of other project activities, are treated as a charge against the economic benefits of the project; and any net benefits to resettlers (as compared to the "without-project" circumstances) are added to the benefits stream of the project. Resettlement components or free-standing resettlement projects need not be economically viable on their own, but they should be cost-effective.

21. The borrower ensures that the Project Implementation Plan is fully consistent with the resettlement instrument.

22. As a condition of appraisal of projects involving resettlement, the borrower provides the Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. Once the Bank accepts this instrument as providing an adequate basis for project appraisal, the Bank makes it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner.23

23. The borrower's obligations to carry out the resettlement instrument and to keep the Bank informed of implementation progress are provided for in the legal agreements for the project.

24. The borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. The Bank regularly supervises resettlement implementation to determine compliance with the resettlement instrument. Upon completion of the project, the borrower undertakes an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and the results of resettlement monitoring. If the assessment reveals that these objectives may not be realized, the borrower should propose follow-up measures that may serve as the basis for continued Bank supervision, as the Bank deems appropriate (see also BP 4.12, para. 16).

Resettlement Instruments

Resettlement Plan

25. A draft resettlement plan that conforms to this policy is a condition of appraisal (see Annex A, paras. 2-21) for projects referred to in para. 17(a) above.24 However, where impacts on the entire displaced population are minor,25 or fewer than 200 people are

Page 254: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

displaced, an abbreviated resettlement plan may be agreed with the borrower (see Annex A, para. 22). The information disclosure procedures set forth in para. 22 apply.

Resettlement Policy Framework

26. For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy (see Annex A, paras. 23-25). The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs.

27. For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit to the Bank a resettlement policy framework conforming to this policy (see Annex A, paras. 23-25). In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential subborrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing.

28. For other Bank-assisted project with multiple subprojects26 that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal (see Annex A, paras. 23-25). For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal.

29. For each subproject included in a project described in para. 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing.

30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review resettlement plans

Page 255: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity's approval of resettlement plans found not to be in compliance with Bank policy, are provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank.

Process Framework

31. For projects involving restriction of access in accordance with para. 3(b) above, the borrower provides the Bank with a draft process framework that conforms to the relevant provisions of this policy as a condition of appraisal. In addition, during project implementation and before to enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank, describing the specific measures to be undertaken to assist the displaced persons and the arrangements for their implementation. The plan of action could take the form of a natural resources management plan prepared for the project.

Assistance to the Borrower

32. In furtherance of the objectives of this policy, the Bank may at a borrower's request support the borrower and other concerned entities by providing

(a) assistance to assess and strengthen resettlement policies, strategies, legal frameworks, and specific plans at a country, regional, or sectoral level;

(b) financing of technical assistance to strengthen the capacities of agencies responsible for resettlement, or of affected people to participate more effectively in resettlement operations;

(c) financing of technical assistance for developing resettlement policies, strategies, and specific plans, and for implementation, monitoring, and evaluation of resettlement activities; and

(d) financing of the investment costs of resettlement.

33. The Bank may finance either a component of the main investment causing displacement and requiring resettlement, or a free-standing resettlement project with appropriate cross-conditionalities, processed and implemented in parallel with the investment that causes the displacement. The Bank may finance resettlement even though it is not financing the main investment that makes resettlement necessary.

___________________________________________________________________________

1. "Bank" includes IDA; "loans" includes credits, guarantees, Project Preparation Facility (PPF) advances and grants; and "projects" includes projects under (a) adaptable program lending; (b) learning and innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they include investment

Page 256: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

activities; (d) grants under the Global Environment Facility and Montreal Protocol, for which the Bank is the implementing/executing agency; and (e) grants or loans provided by other donors that are administered by the Bank. The term "project" does not include programs under adjustment operations. "Borrower" also includes, wherever the context requires, the guarantor or the project implementing agency. 2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies should be taken into account, as relevant. These policies include OP 4.01 Environmental Assessment, OP 4.04 Natural Habitats, OP 4.11 Safeguarding Cultural Property in Bank-Assisted Projects, and OD 4.20 Indigenous Peoples. 3. The term "displaced persons" refers to persons who are affected in any of the ways described in para. 3 of this OP. 4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or restore their livelihoods in a manner that maintains the sustainability of the parks and protected areas. 5. Where there are adverse indirect social or economic impacts, it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from land taking may be identified and addressed through environmental assessments and other project reports and instruments. 6. This policy does not apply to restrictions of access to natural resources under community-based projects, i.e. where the community using the resources decides to restrict access to these resources, provided that an assessment satisfactory to the Bank establishes that the community decision-making process is adequate, and that it provides for identification of appropriate measures to mitigate adverse impacts, if any, on the vulnerable members of the community. This policy also does not cover refugees from natural disasters, war, or civil strife (see OP/BP 8.50, Emergency Recovery Assistance). 7. For purposes of this policy, "involuntary" means actions that may be taken without the displaced person's informed consent or power of choice. 8. "Land" includes anything growing on or permanently affixed to land, such as buildings and crops. This policy does not apply to regulations of natural resources on a national or regional level to promote their sustainability, such as watershed management, groundwater management, fisheries management, etc. The policy also does not apply to disputes between private parties in land titling projects, although it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse social impacts, especially those affecting poor and vulnerable groups. 9. For the purposes of this policy, involuntary restriction of access covers restrictions on the use of resources imposed on people living outside the park or protected area, or on those who continue living inside the park or protected area during and after project implementation. In cases where new parks and protected areas are created as part of the project, persons who lose shelter, land, or other assets are covered under para. 3(a). Persons who lose shelter in existing parks and protected areas are also covered under para. 3(a). 10. The Resettlement Sourcebook (forthcoming) provides good practice guidance to staff on the policy. 11. "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account (for a detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of para. 6. 12. If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken. 13. The alternative assets are provided with adequate tenure arrangements. The cost of alternative residential housing, housing sites, business premises, and agricultural sites to be provided can be set off against all or part of the compensation payable for the corresponding asset lost. 14. Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar arrangements 15. See OD 4.20, Indigenous Peoples.

Page 257: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

16. See OP 4.04, Natural Habitats. 17. As a general principle, this applies if the land taken constitutes less than 20% of the total productive area. 18. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility criteria for displaced persons under 3 (b) are covered under the process framework (see paras. 7 and 30). 19. Such claims could be derived from adverse possession, from continued possession of public lands without government action for eviction (that is, with the implicit leave of the government), or from customary and traditional law and usage, and so on. 20. Resettlement assistance may consist of land, other assets, cash, employment, and so on, as appropriate. 21. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. 22. For projects that are highly risky or contentious, or that involve significant and complex resettlement activities, the borrower should normally engage an advisory panel of independent, internationally recognized resettlement specialists to advise on all aspects of the project relevant to the resettlement activities. The size, role, and frequency of meeting depend on the complexity of the resettlement. If independent technical advisory panels are established under OP 4.01, Environmental Assessment, the resettlement panel may form part of the environmental panel of experts. See BP 17.50, Disclosure of Operational Information (forthcoming) for detailed disclosure procedures. 24. An exception to this requirement may be made in highly unusual circumstances (such as emergency recovery operations) with the approval of Bank Management (see BP 4.12, para. 8). In such cases, the Management's approval stipulates a timetable and budget for developing the resettlement plan. 25. Impacts are considered "minor" if the affected people are not physically displaced and less than 10% of their productive assets are lost. 26. For purpose of this paragraph, the term "subprojects" includes components and subcomponents.

...........................

Page 258: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 259: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 2.1 Population Density

Page 260: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 261: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

POPULATION DENSITY

In order to determine the population density along the pipeline route, the following procedure was carried out.

1. A zone 0.4km wide along the pipeline centre line was established. 2. The pipeline was divided into random sections 1.6km in length such that the

individual length includes the maximum number of buildings intended for human occupancy.

3. The number of buildings within each 1.6km was counted. Each separate dwelling

in a multiple dwelling unit was counted as a separate building intended for human occupancy.

The following classification was defined for each pipeline section. Class1: 10 or fewer buildings intended for human occupancy Class2: Greater than 10 but fewer 46 buildings intended for human occupancy Class3: Greater than 46 buildings except when a class 4 condition applies. Class4: Multistory buildings (> 4 stories) are prevalent and traffic is heavy or dense

and where there may be numerous other underground utilities. Within Class 1, 2, and 3 zones, the existence of schools, churches, mosques, hospital, recreational facilities or any other facilities that support organized concentration of people was identified.

FINDINGS Total number of: Communities 22 Schools 38 Churches 101 Mosques 22 Hospital 11 Recreational facilities 2 Number of houses 1813 Human population 42875

Page 262: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Total area of zones is approximately = 57.6 x 0.4 km2 = 23.04 km2

Population density of the entire zones = Total number of people (population) Total area (km2)

= 42875 23.04 km2

~ 1861/km2

Considering the length, the take off and the terminal point location of the pipeline, it will be impossible not to pass through some built up areas because in between the two points are some major towns and villages.

During preliminary investigation, there were lots of diversions of line, all in an effort to avoid over populated areas.

Conclusion: The use of Aerial photo or Satellite Imagery of large scale of about 1/300 would have been better to avoid built up area and save more time during the preliminary investigation.

Page 263: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 2.2 A Sample of Co-ordinates Register

Page 264: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 265: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

A SAMPLE OF CO-ORDINATES REGISTER PILLAR ID NORTHINGS EASTINGS ELEVATION REMARK WGN1 706958.608 498819.146 3.946 WGN2 706959.197 498844.288 4.236 WGN3 707158.773 498814.270 4.086 WGN4 707159.346 498839.667 4.618 WGN5 707358.947 498809.892 4.000 WGN6 707359.526 498835.071 4.238 WGN7 707559.127 498805.203 2.078 WGN8 707560.758 498830.309 2.121 WGN9 707698.271 498801.547 0.243 WGN10 707699.362 498827.028 0.181 WGN11 708306.767 498787.39 -0.013 WGN12 708307.397 498812.675 -0.01 WGN13 708506.908 498782.535 -0.025 WGN14 708507.497 498807.69 0.048 WGN15 708707.08 498777.421 0.127 WGN16 708707.616 498802.945 0.449 WGN17 708957.018 498770.818 1.930 WGN18 708957.73 498797.06 3.138 WGN19 709032.705 498769.801 3.914 WGN20 709031.221 498795.144 4.179 WGN21 709069.932 498769.115 3.640 WGN22 709077.658 498672.329 3.733 WGN23 709297.405 498689.899 0.621 WGN24 709290.569 498764.300 0.729 WGN25 709283.352 498789.352 0.636 WGN26 709266.529 499074.211 1.458 WGN27 709046.961 499056.673 3.757 WGN28 709067.647 498794.515 4.007 WGN29 709098.673 498724.418 3.750 WGN30 709238.391 498735.601 3.130 WGN31 709223.707 498920.140 3.437 WGN32 709215.522 499020.040 3.493 WGN33 709115.743 499011.951 3.792 WGN34 709123.789 498912.130 3.752 WGN35 709083.740 498908.909 3.788 WGN36 709511.549 498784.105 0.207

Page 266: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

WGN37 709513.589 498758.949 0.729 WGN38 709711.571 498779.645 0.661 WGN39 709711.069 498754.917 -0.137 WGN40 709911.873 498775.506 0.968 WGN41 709911.404 498750.013 1.012 WGN42 710112.132 498771.358 0.896 WGN43 710111.457 498745.375 0.595 WGN44 710298.832 498699.037 2.01 WGN45 710289.713 498675.552 1.704 WGN46 710485.432 498626.728 1.469 WGN47 710476.488 498603.301 1.507 WGN48 710671.264 498555.371 0.003 WGN49 710663.356 498531.005 -0.017 WGN50 710869.317 498478.208 3.603 WGN51 710864.559 498453.283 3.066 WGN52 711116.911 498497.884 4.034 WGN53 711122.490 498473.323 4.027 WGN54 711153.034 498500.736 4.211 WGN55 711154.547 498475.668 4.25 WGN56 711339.392 498515.222 4.009 WGN57 711341.189 498490.144 3.997 WGN58 711539.162 498530.467 0.442 WGN59 711541.256 498505.284 0.234 WGN60 711739.416 498546.121 1.268 WGN61 711741.265 498520.517 1.044 WGN62 711939.060 498560.515 1.744 WGN63 711940.940 498535.906 2.213 WGN64 712138.762 498575.446 1.667 WGN65 712147.805 498551.522 2.072 WGN66 712317.886 498664.288 0.898 WGN67 712329.110 498641.691 1.338 WGN68 712497.140 498753.425 0.375 WGN69 712508.300 498730.932 0.880 WGN70 712676.451 498842.535 0.284 WGN71 712687.744 498819.662 0.643 WGN72 712855.424 498931.379 -0.136 WGN73 712866.540 498908.367 0.092 WGN74 713034.832 499019.843 -0.157 WGN75 713046.134 498997.315 0.392

Page 267: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

WGN76 713214.170 499108.646 -0.25 WGN77 713224.594 499085.597 -0.244 WGN78 713392.712 499197.455 1.882 WGN79 713403.971 499174.884 1.360 WGN80 713571.993 499286.585 1.189 WGN81 713583.205 499264.026 0.830 WGN82 713751.114 499375.828 0.852 WGN83 713762.455 499353.140 0.819 WGN84 713930.512 499464.692 0.598 WGN85 713941.617 499442.332 0.630 WGN86 714110.296 499554.053 0.170 WGN87 714121.382 499531.718 0.261 WGN88 714289.520 499643.125 -0.192 WGN89 714300.651 499620.941 -0.157 WGN90 714469.265 499732.857 0.161 WGN91 714480.387 499710.599 0.203 WGN92 714647.755 499822.044 1.393 WGN93 714658.895 499799.713 0.443 WGN94 714826.861 499911.679 3.121 WGN95 714837.940 499889.302 2.903 WGN96 715006.063 500000.825 4.055 WGN97 715017.135 499978.287 4.103 WGN98 715211.569 500102.578 2.906 WGN99 715215.816 500077.430 3.114 WGN100 715308.414 500106.698 2.588 WGN101 715301.501 500080.791 3.211 WGN102 715340.716 500107.339 3.634 WGN103 715340.763 500082.625 3.499 WGN104 715387.851 500109.441 2.782 WGN105 715393.241 500084.400 2.348 WGN106 715805.350 500279.206 2.376 WGN107 715814.814 500255.857 3.088 WGN108 715990.878 500355.111 3.174 WGN109 716000.522 500331.583 3.084 WGN110 716203.926 500441.871 1.793 WGN111 716201.631 500413.677 1.654 WGN112 716314.306 500486.290 3.103 WGN113 716323.765 500462.894 3.154 WGN114 716500.850 500558.889 5.051

Page 268: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

WGN115 716510.316 500535.524 4.892 WGN116 716687.452 500631.539 3.004 WGN117 716696.947 500608.143 2.298 WGN118 716874.166 500704.200 1.623 WGN119 716883.487 500680.728 1.615 WGN120 717061.748 500777.147 3.101 WGN121 717070.903 500753.647 3.193 WGN122 717248.541 500849.888 3.151 WGN123 717257.545 500826.295 3.718

WGN124 717435.083 500922.589 2.292

WGN125 717444.127 500898.963 2.459

WGN126 717621.647 500995.302 3.428 WGN127 717630.700 500971.702 3.6 WGN128 717807.605 501067.731 15.057 WGN129 717816.646 501044.159 15.837 WGN130 717994.323 501140.411 16.792 WGN131 718003.427 501116.877 16.792 WGN132 717994.323 501213.051 15.53

Page 269: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 4.1 Household Survey

Page 270: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 271: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

SOCIOECONOMIC IMPACT ASSESSMENT OF THE

WEST AFRICA GAS PIPELINE (WAGP)

HOUSEHOLD SURVEY Notes for interviewers:

To be administered to persons aged 20 years and above who are full-time residents of the household.

Households should be chosen using random sampling. The communities where the survey should be conducted will be immediately adjacent to the proposed pipeline route. The exception to this “immediately adjacent” rule will be for coastal communities. In such instances, the survey should be administered to coastal communities within 1 km of the pipeline route along the beach or shoreline.

The purpose of the interview to understand how the pipeline route will affect the respondent’s ability to access the places they go to on a daily basis. The interviewer should have a clear understanding of where the pipeline route will be in relation to the person’s dwelling/home. For example, if the respondent points in a particular direction and notes that they walk several kilometers in “that direction” to access a market, the interviewer should know whether or not this route will cross the proposed pipeline route.

For all questions that differentiate among the different people of the household, names are not necessary. The respondent can use a generic term such as Member 1, Member 2. The point is that we want to get the disaggregated information about the households.

All questions should be answered with a number (number written in the question). For all questions that the respondent does not know the correct answer, mark “-1”. For all questions the respondent refuses to answer, mark “99”.

IF SURVEY IS TERMINATED FOR ANY REASON, PLEASE RECORD LAST QUESTION NUMBER ANSWERED HERE: _____________________

CODE (ID/# for Survey chosen by Interview team- 5 DIGIT)

TOWN/VILLAGE ID

DISTRICT

COMMUNITY TYPE (URBAN/SEMI-URBAN, RURAL/FISHING. RURAL/NON-FISHING)

REGION

PROXIMITY OF HOUSEHOLD TO PIPELINE ROUTE (Specify Approximate Distance and Direction, ie. N, E, S, W, NW, NE, SW, SE)

LANGUAGE OF INTERVIEW

INTERVIEWER NAME

SUPERVISOR

DATE

Page 272: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Definitions

Household: UNDP defines a household as "a person or group of persons who make provision for food or other essentials of living and often share a common budget. A group of people who eat one meal together daily may be considered a household. This definition includes domestic servants."

Employment/Work: Those who are self-employed, who work for a public or private employer and receive remuneration in wages, salary, commission, tips, piece rates, or pay in kind (such as school fees and housing).

Codes:

Education Level Key

Education Level Code

None 1

Primary School 2

Middle School/

Junior Secondary School

3

Secondary School 4

Apprenticeship/Vocational 5

Tertiary / University 6

Other,

specify

7

Page 273: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

JOB KEY

JOB CODE

Animal Farming 1

Crop Farming 2

Fishing 3

Trading / Commerce 4

Carpentry/Furniture Maker/Woodworker 5

Clothing/Tailoring/Dressmaking/Hairdressing 6

Mechanics/Automotive 7

Taxi / Bus Driver / Human Transportation 8

Delivery Services / Goods Transport (for any industry) 9

Administrative/Managerial 10

Mining 11

Household Duties / Domestic Worker 12

Worker / Laborer 13

Engineering 14

Construction / Mason 15

Manufacturing/Processing/Bottling 16

Health Care Professional (eg. Doctor, Nurse, etc) 17

Professional services (eg accountant, lawyer) 18

Apprentice 19

Other, (Specify) 20

Page 274: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Introduction

(Read) My name is _____, and I am working with a team of researchers investigating social and economic issues relating to the West Africa Gas Pipeline. The 610-mile Pipeline will transport natural gas from Nigeria to Benin, Togo, and Ghana. Much of the pipeline will be out in the ocean but there will be some sections on land in all four countries

We are interviewing different households in your community and other communities around the proposed pipeline. We are doing this to help identify the potential positive and negative impacts of the pipeline and to ensure that any negative impacts are mitigated.

Is there anyone at home who is responsible for making household spending decisions? If yes, may I speak with them? If no, when would be a good time to come back?

Your opinion is very important to this project and this inteview will take about ___________minutes. If at any point you want to take a break please say so.

Are you willing to be interviewed?

If Yes, start interview.

Page 275: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

A. INDIVIDUAL AND HOUSEHOLD INFORMATION

I’m going to start by asking you some general questions about yourself and then some questions about your household.

(Note: If there is more than one response to a question, that’s okay, include all responses. For all questions, if the respondent doesn’t know or the information is not available use -1 as the CODE number, if the respondent refuses to answer please use 99 as the CODE number. )

CODE

1. Gender (Not a question) (Male = 1; Female = 2)

2. What is your age? (years)

3. What is your current marital status ?

Married = 1

Single = 2

Divorced = 3

Widowed = 4

Other (Specify) = 5

-------------

4. What was your primary language growing up?

(Note: These languages should be adjusted for each country)

Fon = 1

Adja/Mina = 2

Yoruba = 3

Bariba = 4

Dendi = 5

Other (Specify) = 6

-----------------------------------

Page 276: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

5. What is the primary language spoken at home now?

(Note: These languages should be adjusted for each country)

Fon = 1

Adja/Mina = 2

Yoruba = 3

Bariba = 4

Dendi = 5

Other (Specify) = 6

-----------------------------------

6. What is your ethnic group or ethnicity?

(Note: These groups should be adjusted for each country)

Fon/Goun/Oueme = 1

Adja/Mina = 2

Yoruba / Nagot / Holi = 3

Bariba = 4

Dendi = 5

Other (Specific) = 6

-----------------------------------

7. How long have you lived in this community? (years)

8. Respondent’s Birthplace / Home Community.

Where are you from?

The same community you currently live in = 1

A different community in Southern region of the country = 2

The North of the country = 3

Another country = 4

Page 277: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Now we are going to ask you questions about your household. These questions apply to all members of your household.

CODE

Which of the following does your household own? Yes = 1 No = 2

9a. Does the household own a Radio?

9b. Does the household own a TV?

9c. Does the household own a Bicycle?

9d. Does the household own a Car?

9.

9e. Does the household own a Refrigerator/Electric Icebox?

I am now going to ask you about security and safety.

CODE

10a. How many times have you or anyone else in your household been a victim of personal crime anywhere in your community in the last 12 months?

10.

10b. How many incidents of theft or destruction of property has the household suffered in the last 12 months (For example your house or fields robbed, vandalized, etc.)?

I’m now going to ask some questions about your home/dwelling

CODE

11. Does your household share its dwelling or home or property with any other households?

* See previous definition of household.

Yes = 1, No = 2

12. Not counting the bathroom and toilet, how many rooms does your household occupy?

(Enter number)

13. What is your status in relationship to the dwelling you live in? Are you

Page 278: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

the…

Owner = 1

Renter = 2

An occupier who pays no rent = 3

Receiving housing as part of job = 4 (e.g., apprentice)

Other, specify = 5

------------------------------------------------

Now I am going to ask you questions about your access or rights to land or water adjacent to your home.

Yes = 1, No = 2

14a. Are you able to use the land adjacent to your dwelling for farming or grazing?

14.

14b. Are you able to fish on the waters directly adjacent to your dwelling?

15a. If yes to 14a, how much land?

Please Specify Units (e.g., hectares, acres)

15b. If yes to 14b, how much water? (e.g., hectares, acres)

15.

15c. NOTE TO INTERVIEWER: Ask the respondent to point in the direction of these lands or waters to determine their approximate location. Answer the following: Will the proposed pipeline route go through this person’s land/water? Yes = 1, No =2

Land Uses

Is your land currently used for any of the following?

Yes = 1; No =2

16a. Subsistence farming (Farming primarily for your own family’s consumption, food needs, limited sales/trades—not limited to whether or not the family requires this food for its subsistence)

16.

16b. Farming/crops (Farming primarily to generate a crop for sales)

Page 279: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

16c. Small business uses (e.g. blacksmith, hairdresser)

16d. Other, specify

------------------------------------------

Is your water used for any of the following?

Yes = 1; No =2

17a. Subsistence fishing (Fishing primarily for your own family’s food needs, limited sales/trades)

17b. Fishing for trade/sales (Commercial fishing)

17.

17c. Other, specify

------------------------------------------

18. How much is the annual income you earn from this land and/or water?

18a. Land

18b. Water

19. Who owns the land and/or water?

Member of the household = 1

Landlord/Owner of your dwelling and land is included in one’s rent = 2

Landlord/Owner of your dwelling and land is NOT included in one’s rent = 3

Rented/leased from another (not landlord of dwelling)= 4

Public/Government = 5

Community = 6

Other, specify = 7

------------------------------------------

Page 280: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

B. EDUCATION INFORMATION

I’m now going to ask you some questions about schooling and education levels of your household.

20. Education Levels

Please answer for all members of your household, including yourself. Your household is defined as: “people usually residing at this address, including immediate and extended family members, house-helpers” If you do not know the age of someone in your household, please make your best guess.

If an individual did an apprenticeship/vocational training and his/her highest level of formal education simultaneously, then only mark formal education.

What grades (not age of pupils) correspond with the following school levels in your region or community?

Write the grade numbers for each level. Example: (Primary: Grades/Levels 1 – 6, etc):

Primary School: _______________

Junior Secondary: __________________

Senior Secondary: __________________

Member ID (i.e. Member 1, 2, 3, etc)

Age/ Date of Birth

Gender

M=1

F=2

Currently attending school?

Yes=1

No=2

Distance to current school? <1 km = 11-2 km = 22-5 km = 3

>5 km = 4

Will this person have to cross the proposed pipeline route to reach school?

Yes=1

No=2

Years of schooling (number)

Highest Education Level Completed (See Key below)

Able to read and write in the official national language Yes = 1 No = 2

20a

20b

Page 281: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

20c

20d

20e

20f

20g

20h

20i

20j

20k

20l

20m

Education Level Key Education Level Code

None 1

Primary School 2

Middle School/ Junior Secondary School 3

Secondary School 4

Apprenticeship/Vocational 5

Tertiary / University 6

Other (specify) 7

Page 282: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

B. HEALTH INFORMATION

I’m now going to ask you some questions about your household’s overall health and the healthcare services available to you.

Notes.

For all questions, if the respondent doesn’t know or the information is not available use -1 as the CODE number, if the respondent refuses to answer please use 99 as the CODE number.

Last year corresponds to January 1, 2002 to December 31, 2002.

CODE

In the last year, did anyone in your household suffer from: Yes = 1

No = 2

Malaria

Diarrhea

Skin Disease

Bilhazia

HIV/AIDS

STDs (other than HIV/AIDS)

Stomach Aches

21.

Others, specify

-------------------------------

-------------------------------

Page 283: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Note: For the next question be sure to ask the question from left to right.

22a. Do you and members of your household seek health care from the following sources?

Yes = 1; No = 2

22b. If yes, where are you treated (mark all that apply)

Clinic =1; Hospital = 2; Pharmacy/drug store = 3; Your House = 4; Another’s house = 5; Religious Center / House of Worship = 6; Place of work = 7; Other = 8

22c. To access each of these sources of health care (listed in the first column), will you have to cross the path of the proposed pipeline? (NOTE: ASK RESPONDENT TO POINT IN THE DIRECTION OF EACH OF THESE SOURCES TO DETERMINE IF THEY WILL CROSS PIPELINE ROUTE TO REACH THEM)

Self Medicate

Herbalist

Religious leader

Doctor

Nurse

Pharmacist

22.

Other, specify

------------------------------

Page 284: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

I am now going to ask you some questions about sources of drinking water for your household

23. a. Source of drinking water in your household

Percent Usage Derived from the Various Sources (if not a source of drinking water, indicate 0%; if the only source of drinking water, indicate 100%. Please make sure the column adds up to 100%)

b. Distance of source of drinking water from your place of residence? Direct to place of residence (piped in) = 1; Less than 100m = 2; 100 to 200 meters = 3; 200 to 500 meters = 4; 500 to 1000 Meters = 5; I to 2km =6; More than 2km = 7; Other, specify = 8 (if other, please mark and specify answer)

c. To access this source of drinking water, will you have to cross the route of the proposed pipeline?

Yes = 1

No = 2

Private Piped/Tap

Public Piped/Tap – Free

Public Piped/Tap – Purchase from vendor or tap master

Well with pump

Well without pump

Surface water (e.g. stream, river, lake, lagoon, etc)

Bottled Water (Store-bought or Delivered)

Other, specify

---------------------------------

Total 100% N/A N/A

Page 285: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

I am now going to ask you some questions about sanitation issues for your household

24. How does the household dispose of human waste?

Flush toilet = 1

Pit toilet = 2

Other, specify = 3

---------------------------------

25. How does the household dispose of other waste (e.g. household garbage) (CHECK ALL THAT APPLY)

Compost = 1

Government collection = 2

Official/formal dump = 3

Unofficial dump = 4

Burn it = 5

Other, specify = 6

--------------------------------

Page 286: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

C. ECONOMIC INFORMATION

26. Labor and Employment

I am now going to ask you some questions about the household labor and employment. Please answer for all members of your household, including yourself.

NOTE: Household is defined as: “people usually residing at this address, including immediate and extended family members, house-helpers”

Member ID (i.e. Member 1, 2, 3, etc)

Is this person currently receiving income or in-kind services from work they are performing?

Yes = 1; No = 2 (see definition)1

Who is their employer? Private = 1; Public = 2; Military = 3; Self = 4; Other, please specify = 5 (mark all that apply)

What sector are they employed in (agriculture, industry, or services)2

What is their job responsibility / occupation? (see job key)

Does this person have to cross the pipeline route to reach any of their jobs? Yes = 1; No = 2; Don’t Know =3

Number of hours at these jobs per week (total of all jobs)

How much does this person earn (total of all jobs)?

26a

26b

1 Definition of work: Those who are self-employed, who work for a public or private employer and receive remuneration in wages, salary, commission, tips, piece rates, or pay in kind such as school fees and housing. 2 Sectors: Agriculture, (Agriculture includes hunting, forestry, and fishing) = 1 Industry (Industry includes mining and quarrying (including oil production), manufacturing, electricity, gas and water, and construction) = 2 Services (Services include wholesale and retail trade and restaurants and hotels; transport, storage, and communications; financing, insurance, real estate, and business services; and community, social, and personal services) = 3

Page 287: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

26c

26d

26e

26f

26g

26h

26i

26j

26k

Page 288: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

I am now going to ask you about fishing and farming methods if it pertains to your household.

27. Fishing and Farming Methods

27a. Do anyone in your household fish? Yes = 1; No = 2 (If no, then skip to question 30)

27b. What is the method of fishing he or she uses?

Trawling parallel to shore = 1

Trawling perpendicular to shore = 2

Hand lines = 3

Throw nets = 4

Seine nets 5

Hook lines = 6

Net traps = 7

Other (Specify) = 4

--------------------------------------------------------

27c. When fishing, does his or her nets or lines touch the sea floor?

27d. What type of fishing vessel does the household member(s) use?

Note: meters refers to length of the vessel

Artisanal / Canoe (up to 8 meters in length) = 1

In-shore / Semi-Industrial (Locally built trawlers between 8 and 35 meters in length) = 2

Distant Shore / Industrial (> 35 meters in length) = 3

Page 289: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

I am now going to ask you some questions about the household income and expenditures. This is one of the most important sections of the survey. The information that you provide will be kept confidential and be used to help determine the potential positive and negative impacts of the pipeline.

28. Household Income and Expenditures

Notes:

Use participatory rural appraisal (PRA) techniques for some questions. For example, for the household income section use a pie chart with sources of income marker and ask them to put beans, pebbles, grain, etc, on the sections to represent the amount of income that is received from the various sources.

If there is more than one response to a question, that’s okay, include all responses. For all questions, if the respondent doesn’t know or the information is not available use -1 as the CODE number, if the respondent refuses to answer please use 99 as the CODE number.

What were the sources of income for your household over the last year? (List all that apply)

Last year = Between January 1, 2002 to December 31, 2002

Income Source Job Code (s)

(Note: If multiple jobs, enter one per row)

If Animal Farming or Mining, Specify Type

Total Income Received

What % is this income source of the total household income

In Kind (explanation, e.g. barter of goods, exchange in services)

1. Job for another / Employment

Page 290: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

2. Self Employment

3. Government benefits/family allowances (specify: pensions, welfare, rations, social security, etc.)

N/A N/A

4. Remittances. Monies received from family members or others not living in the household.

N/A N/A

5. Rental income from land and or housing

N/A

6. Other sources, specify

--------------------------------

--------------------------------

7. Total Income N/A N/A N/A N/A

Page 291: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Job/s Code Key

More than one answer is okay

JOB KEY

JOB CODE

Animal Farming 1

Crop Farming 2

Fishing 3

Trading / Commerce 4

Carpentry/Furniture Maker/Woodworker 5

Clothing/Tailoring/Dressmaking/Hairdressing 6

Mechanics/Automotive 7

Taxi / Bus Driver / Human Transportation 8

Delivery Services / Goods Transport (for any industry) 9

Administrative/Managerial 10

Mining 11

Household Duties / Domestic Worker 12

Worker / Laborer 13

Engineering 14

Construction / Mason 15

Manufacturing/Processing/Bottling 16

Health Care Professional (eg. Doctor, Nurse, etc) 17

Professional services (eg accountant, lawyer) 18

Apprentice 19

Other, (Specify) 20

Page 292: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

29. Household spending priorities.

Go through all the options before they start answering/estimating/ best guessing. USE PRA methods.

Item Description Importance to Household (Ranking from 1 to 10)

1 is the lowest and 10 the hghest

Expenditure Per Month

What is the % of overall household final consumption expenditure per Month

1. Food

2. Shelter/Accomodation

3. Household Maintenance Costs (eg. Repairs but not utilities and energy costs)

4. Clothing

5. Water

6. Energy/Utilities

7. Educational Expenses (includes school fees, uniforms, supplies, boarding fees, etc)

8. Gardening and/or fishing expenses (subsistance only, covers things like seeds, shovels, etc)

9. Small business /household enterprises expenses

10. Daily Transportation (costs of

Page 293: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

travel by any mode – canoe, car, truck and includes costs of ownership, if relevant)

11. Healthcare Expenditures. Visits to clinic, hospital or purchase of medicine

12. Entertainment. Games, movies, alcohol etc

13. Remittances. Any monies sent to family members or others not living in the household

14. Travel. Other than day to day transportation for work or subsistance.

15. Household Goods. Includes furniture, electrical goods, cooking ware

16. Social and Cultural Obligations (i.e., bride price, dowries, funerals, wedding ceremonies, chieftancy ceremonies, naming ceremonies, etc.)

17. Taxes paid to government

18. Other, specify

---------------------------------------

Page 294: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

I am now going to ask you some questions about your household’s food consumption

30. How many meals does your household eat per day?

31. Diet Composition

Category Number

Major Food Category Examples How many times a day do you eat? (i.e. at how many

meals)

What % of your weekly diet comes

from the following?

1. Cereals, Grains, Breads

E.g., Rice, bread, corn

2.

Roots, Tubers/Semi-processed Tubers,

E.g. Cassava/Cassava-based processed items (i.e., Gari), yams, cocoyams, potatoes, yam flour, sweet potatoes,

3.

Vegetables/Legumes/Herbs, Pulses (ie. beans, peas), and Seeds

E.g. yams, taro, green beans, tomatoes, carrots, onions, beans, seeds

4. Fruits and Nuts E.g. Melons, coconut, banana, nuts, mango,

ground nuts, oil palm nuts

5. Dairy/Dairy Products E.g. Eggs, milk, butter

6. Meats Beef, goat, chicken (not fish; see #8 for fish)

7. Sweets, Snacks, Tobacco E.g., Chips, biscuits, crackers, shortbread

Page 295: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

8. Beverages E.g., Tea, water, soda

9. Fish E.g., stock/dried fish, shellfish

Page 296: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

32. Household livestock currently owned

Animals Yes = 1

No = 2

Number

1 Cattle

2 Sheep

3 Goats

4 Rabbits

5 Pigs

6 Ducks

7 Chicken and other poultry

8 Other, specify

----------------------------

33. Household Crops

Crops grown by household in past 12 months

Yes = 1 No = 2

Crop size/amount for household use

Crop size/amount for Sale/Exchange

1 Cassava

2 Maize

3 Cocoyam

4 Yams

5 Sweet Potatoes

6 Plantain

7 Groundnuts

8 Beans

9 Cocoa

10 Palm Oil

Page 297: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

11 Other, specify

------------------------

The final questions in this survey are about household energy use

34. What are the household’s sources of energy? What is the proportion of each use that comes from each source? The vertical column reflects the different uses and the horizontal row is the source of energy?

Note: Put percentage of use that is derived from each source. For example, If 50% of cooking energy comes from gas and 50% from wood that is gathered for free, put 50% in the gas box and 50% in the gather box of the “Cooking” row. **Make sure each row adds up to 100%**.

Fuel wood Electricity Charcoal Natural Gas

Petroleum products

(Kerosene, butane, petrol, diesel)

Gather / Free

Purchase

Total

Light

100%

Cooking

100%

Cooling (Air conditioner, Fan)

100%

Page 298: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

CODE

35. If anyone in your household gathers fuel wood, will they need to cross the pipeline route to reach the source of fuel wood. Yes =1, No =2

36. What is the most affordable source of energy for your household’s needs?

Electricity = 1

Gas = 2

Fuel Wood = 3

Petroleum Products = 4

Other, specify

------------------------------------------

37. What is the most reliable/consistent source of household energy? (e.g. whenever you need it, it is available)

Electricity = 1

Gas = 2

Fuel Wood = 3

Petroleum Products = 4

Other, specify

38. What is your source of electricity?

National electricity grid = 1

Generator = 2

Both national electricity grid and generator = 3

None = 4

Page 299: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

39. If you have access to electricity, on an average day how reliable is your electricity supply? (Note: If the answer to source of electricity is “None”, skip this question)

24 hours a day = 1

16-24 hours/day = 2

8-16 hours/day = 3

Less than 8 hours a day = 4

General Questions about the Pipeline

Note: The responses to these questions are purposely open-ended to allow for the broadest range of responses.

40. What do you think the most significant impacts of the proposed pipeline project will be for you and your household? What will be some of the impacts on your community? If possible, try to distinguish between the likely impacts during a construction phase when the pipeline is being built and the operations phase when the pipeline is operational.

Page 300: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

41. What suggestions do you have for reducing the negative impacts of the pipeline?

Page 301: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

42. Is there anything else about your household that you would like us to know as we study the impact of the propose pipeline?

Thank you for your time and patience.

Page 302: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 303: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 4.2 West Africa Gas Pipeline (WAGP) Community

Survey

Page 304: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 305: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

West Africa Gas Pipeline (WAGP) Community Survey

Notes:

The following survey is to be administered to groups of people within communities immediately adjacent to the proposed pipeline. The audience should include both community leaders as well as other interested residents.

The purpose of the interview to understand the layout of the entire community—beyond the experience of any one household.

In order to effectively answer several of the questions, the interviewer(s) should have a clear understanding of where the pipeline route will be in relation to the major landmarks in the community. It is advisable that the interviewers bring maps with them to the community survey meetings.

Based on recommendations from several countries, we suggest that you divide the participants by gender. This will be entirely up to the discretion of those administering the meeting. Please note if you do or do not divide the participants by gender.

If there is more than one response to a question, include all responses. Some questions note that multiple answers are permitted. If the respondent does not know the answer or the information is not available use -1 as the CODE number. If the respondent refuses to answer a question please use 99 as the CODE number.

In questions requesting a majority, majority will be defined as “likely” to be greater than 50% of the community. In the case of the community survey, it is their perception of the majority of the community.

TOWN/VILLAGE ID (note: for database purposes only; please self-select)

NAME OF TOWN/VILLAGE DISTRICT COMMUNITY DENSITY (RURAL / URBAN / SEMIURBAN)

REGION LANGUAGE OF INTERVIEW INTERVIEWER(S) NAME SUPERVISOR

LIST AND/OR DESCRIPTION OF PARTICIPANTS (Note: if gender specific meeting, please denote)

DATE

Page 306: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

We are first going to ask some questions about the local markets for shopping.

CODE 1. Is there a permanent market in your community?

By permanent, we mean nearly every day of the year. (except perhaps holidays) If yes, skip to question 3. Yes = 1

No = 2

2a. If no to question 1. Is there a periodic market in the community? (e.g. every Sunday of the year, or every Saturday, but not in the rainy season) Yes = 1

No = 2

2b. If yes, how often in the dry season? Every 2-3 days = 1

Weekly = 2

Every two weeks = 3

Monthly = 4

Other, Specify = 5

---------------------------------

2.

2c. If yes, how often in the rainy season? Every 2-3 days = 1

Weekly = 2

Every two weeks = 3

Monthly = 4

Other, Specify = 5

----------------------------------

Page 307: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

3. Will a majority of the community members have to cross the proposed pipeline route to access the periodic or permanent market within your community? Yes = 1

No = 2

4. After this community market (permanent or periodic), where is the next closest market?

Less than one km = 1

1 to 2 km = 2

2 to 5 km = 3

Greater than 5 km = 4

5. Will a majority of the community members have to cross the proposed pipeline route to access the nearest market beyond the closest market?

Yes = 1 No = 2

Now we are going to ask some questions about the transportation infrastructure.

CODE

6a. How many motorable roads pass through this community? (put number)

*Road that a car can use.

6b. How many roads, if any, will cross (intersect) the pipeline route within your community? (Note: In addition to the number, please list the names of the road)

6c. In addition to the roads in your community, how many other roads which cross the pipeline route are important to your daily life?

6.

6d. If no motorable road passes through this community, how far from this village/community is there a motorable road? (answer in kms)

7. Is there at least one road within or leading to your community that is passable year round?

Yes = 1

No = 2

Page 308: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

The next question is about the communications infrastructure in your community.

CODE 8a. Do the majority of the residents in your community have access to a public phone?

Yes = 1; No = 2

8b. Do the majority of the residents in your community have access to a private phone? Yes = 1; No = 2

8c. Estimate the percentage of households who have access to the following types of phone?

Public Phone

Fixed-line Phone in House

Mobile Phone

8.

No phone Access Next we will ask about the schools and the education levels.

CODE

9. How many primary schools are in the community?

(zero if none)

10a. If none, how far away is the nearest primary school to the community

(km or name of village/location)

10.

10b. Will a majority of the community members have to cross the proposed pipeline route to access the nearest Primary School outside of the community?

11. Is there a Junior Secondary School in this community?

Yes = 1; No = 2

Page 309: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

12a. If none, how far away is the nearest Junior Secondary School for the community?

(km)

12.

12b. Will a majority of the community members have to cross the proposed pipeline route to access the nearest Junior Secondary School outside of the community?

13. Is there a Senior Secondary School or Technical School in the community?

Yes = 1; No = 2

14a. If none, how far away is the nearest Senior Secondary School from the community? (km)

14.

14b. Will a majority of the community members have to cross the proposed pipeline route to access the nearest Senior Secondary School outside of the community?

Yes =1

No = 2

15. Is there a Tertiary School or University in your community?

16a. If none, how far away is the nearest Tertiary School or University from the community? (km)

16.

16b. Will a majority of the community members have to cross the proposed pipeline route to access a Tertiary School or University outside of the community?

Yes =1

No = 2

Now we are going to ask you about health care and services.

CODE

Which of these health facilities are available in the community?

Yes = 1; No = 2

17.

Health clinic

Page 310: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Hospital Other, specify ---------------------------------------

18. 18a. If there is no health facility in the community, how far is the nearest health facility from the community? (km)

18b. Will a majority of the community members have to cross the proposed pipeline route to access a health facility outside of the community?

Yes =1

No = 2

19. Do any mobile clinics, health organizations, or other health care providers visit the area? Yes = 1, No = 2

20. If Yes, list who they are and how often they visit? Name of organization Frequency

of Visit

21. What is the major source of drinking water in the village?

Private Piped/Tap =1 Public Piped/Tap – Free = 2 Public Piped/Tap – Purchase from vendor or tap master = 3 Well with pump =4 Well without pump = 5 Surface water (e.g. stream, river, lake, lagoon, etc) = 6 Bottled Water (Store-bought or Delivered) = 7 Other, specify = 8 ---------------------------------

Page 311: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

22. How far is a source of drinking water from the village? Direct to place of residence (piped in) = 1 Less than 100m = 2 100 to 200 meters = 3 200 to 500 meters = 4 500 to 1000 Meters = 5 I to 2km =6 More than 2km = 7 Other, specify = 8 ---------------------------------

23. Will a majority of community residents have to cross the proposed pipeline route to access this source of drinking water? Yes = 1 No = 2

Now we are going to ask about social and cultural institutions

CODE

What types of social centers are available in the community? (mark all that apply)

Yes =1

No =2

24a. Community Center/Town Hall

24b. Entertainment Hall

24c. Football Field

24.

24d. Others, Specify

-------------------------------------------------

Page 312: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

25. Which of the following community and/or political organizations listed below are in the community?

CODES

Exists with active participation = 1

Exist with inactive or infrequent participation = 2 Not present in the community = 3

ACTIVITY CODE

1 Religious Center (Church / Mosque)

2 Local Government council /elected

3 Local Government council / non-elected

4 Women’s Groups

5 Savings Groups

6 Sports Clubs

7 Professional Organization e.g. Farmers group, Chambers of Commerce

8 School or Educational Groups

9 Local Development Committees

10 Other organization

(Please specify)

------------------------

11 Other organization (Please specify) ---------------------------

Page 313: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Now we would like to ask about gender issues in the community These questions are purposely open-ended to ensure broad response.

26. What jobs, occupations, and/or activities are dominated by men in your community? What jobs, occupations, and/or activities are dominated by women in your community?

27.

What kind of discrimination do men or women face?

Page 314: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Community Trends In this final section, we are interested in hearing from you about the overall trends and changes in your communities. We are interested in learning what has been happening in the past year and over the past five years or so. Note: For these responses, try to capture all unique comments. To the extent possible, write down specific quotes. First we will ask about the economic situation. 28. Over the past year, how has the job situation been in the community? Is unemployment

growing or shrinking? Are people moving out to find work or moving in because they have found work in your community? Are there any jobs or occupations where there are not enough people with those particular skills and others where there is a surplus?

Page 315: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

29. Overall, how has the economy changed over the past five years? Are there more jobs now or fewer jobs? What are the main economic differences between now and 5 years ago?

Page 316: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

30. Over the past five years how has farming been? Have you experienced any droughts? Are any crops selling well compared with others?

Page 317: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

31. Over the past five years how has fishing been? Are there sufficient fish for the fishermen to keep their jobs?

Page 318: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

32. Over the past five years how have household incomes been changing? For the majority of households in the community has overall level of income been growing, declining, or remaining steady in the past five years? Why have incomes gone up, or down, at different times over this time period? Have any particular groups of people or workers been affected more than others as incomes have gone up, down? How so?

Page 319: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

33. Over the past five years has the gap between the wealthy people and the poor people in the community been growing or shrinking? How even is the distribution of income in your community? On a scale of 1 to 10, how even is income distribution (1 highly uneven and 10 highly even) today?

Page 320: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

34. Over the past five years how have the prices been changing? Are there any particular goods or services that have experienced significant price increases or decreases? What are the possible causes for these changes? How have different households dealt with these changes in prices? What items are purchased less, or more?

Page 321: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Now we will ask about health and education. 35. Over the past year, what have been the changes to local health care – either access to

services or overall conditions of the people? Are there any new health facilities which have been built in your community?

Page 322: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

36. Over the past five years, what have been the major changes to the quality of health services in your community?

Page 323: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

37. How has the access to education changed over the past five years? Are there more schools? At what levels? Are there any skills that your community needs but does not have?

Page 324: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

We will now ask about energy 38. In the past year what have been the major improvements in energy sources in your

community? Has the quantity or reliability of electricity increased (or decreased)? How about other sources of energy (wood, petroleum products, etc.)

Page 325: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

39. How has the cost of energy changed in the past one year? How has it changed in the past five years?

Page 326: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Finally we will ask about the possible impacts of the pipeline and ways to lessen those impacts. 40. What do you think the most significant impacts of the proposed pipeline project will be for your

community? If possible, try to distinguish between the likely impacts during a construction phase when the pipeline is being built and the operations phase when the pipeline is operational.

Page 327: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

41. What suggestions do you have for reducing the negative impacts of the pipeline?

Page 328: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

42. Is there anything else about your community that you would like us to know as we study the impact of the propose pipeline?

Thank you very much for your participation in this community survey.

Page 329: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 5.1 A Sample of Compensation Rates for

Structures/Natural Features Recommended by OPTS Sub-Committee on Land Acquisition

Page 330: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 331: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

A Sample of Compensation Rates For Structures/Natural Features Recommended by OPTS Sub-Committee on Land Acquisition

UNIT COY. RATE REMARKS Bush Road Meter Sq. 60.00 Cleared Bush Meter Sq. 4.00 Fish Fence/Animal Fence

Meter Run 40.00

Fish Traps Each 20.00-100.00 Depending on sizes Timber Canals/Fish Channels

Meter Sq. 40.00

Page 332: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 333: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 5.2 A Sample of Compensation Rates for Economic

Crops and Trees Recommended by OPTS Sub-Committee on Land Acquisition

Page 334: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 335: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

A Sample of Compensation Rates for Economic Crops and Trees Recommended by OPTS Sub-Committee on Land Acquisition-December 1998

Maximum Farm Gate Prices Economic Crops Rate Per

Hectare Mature Medium Seedling

Beans (Creepers) 10660.00 2.60/STAND 1.30/STAND 66K/CROP Beans (Fio-Fio) - 2.60/CROP 1.30/STAND 65K/STAND Beans (Standing) 10660.00 2.60/CROP 1.30/STAND 66K/CROP Carrots 5850.00 1.56/STAND 78K/STAND 39K/STAND Cassava 17680.00 20.00/PLANT 10.00/PLANT 5.00/PLANT Groundnuts 6500.00 2.40/CROP 1.20/STAND 60K/CROP Irish Potatoes 14560.00 14560.00/HEC 7280.00/HEC 3640.00/HEC Maize 7800.00 7800.00/HEC 3900.00/HEC 1950.00/HEC Millet 6500.00 6500.00/HEC 3250.00/HEC 1625.00/HEC Onions - 1.80/CROP 90K/CROP 45K/CROP Pepper 9880.00 7.80/STEM 3.90/STEM 1.95/PLANT Rice 15860.00 15860.00/HEC 7930.00/HEC 3965.00/HEC Soya Beans 3900.00 3900.00/HEC 1950.00/HEC 875.00/HEC Sugar Cane 23140.00 1.82/PLANT 92K/PLANT 52K/PLANT Sweet Potatoes 6500.00 2.60/PLANT 1.30/STAND 65K/STAND Tobacco 9620.00 5.20/STEM 3.90/STEM 1.95/STEM Wheat 22880.00 11440.00/HEC 5720.00/HEC 2860.00/HEC Yam 48000.00 40.00/STAND 20.00/STAND 10.0/STAND

Economic Trees: Rate per Unit/tree Mature Medium Seedling Avacodo Pear - 360.00 180.00 90.00 Bread Fruit - 160.00 80.00 40.00 Cashew - 240.00 120.00 60.00 Cocoa - 1000.00 500.00 250.00 Coconut - 600.00 300.00 150.00 Date Palm - 400.00 200.00 100.00 Grape Fruit - 480.00 240.00 120.00 Mahogany - 1200.00 600.00 300.00 Iroko - 1200.00 600.00 300.00 Abara - 1200.00 600.00 300.00 Mango - 1000.00 500.00 250.00 Rubber - 400.00 200.00 100.00 Chestnut Tree - 600.00 300.00 150.00 Walnut - 40.00 20.00 10.00 Tangerine - 600.00 300.00 150.00

Page 336: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 337: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 5.3 Compensation Rates for Natural

Features/Land Recommended by OPTS Sub-Committee on Land Acquisition

Page 338: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 339: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

This annex contains information on the unit prices of different compensation items. These are estimates used for illustrative purposes and to provide an indication for the basis of negotiations between WAGP and the state agents that represent the affect owners and tenants. Final unit prices will reflect the prevailing market values as agreed to between willing buyers and sellers.

Compensation Rates for Natural Features/Land Recommended by OPTS Sub-Committee on Land Acquisition

Items Unit Coy. Rate Remarks Acquisition or Permanent Loss of Use (Rural Land)

Meter Sq. 2.00 Or Based On Valuation/Negotiation

Acquisition or Permanent Loss of Use (Urban Land)

Meter Sq. 3.00 Or Based On Valuation/Negotiation

Fish Ponds (Natural & Artificial)

Meter Sq. Or Based On Valuation/Negotiation

Fishing Ground/Tidal Basins

Meter Sq. 6.00

Permanent Loss of Farming/Fishing Rights

Meter Sq. 3.00 Or Based On Valuation/Negotiation

Rivers/Creeks 6.00 Temporary Disturbance/ Inconvenience Due to Creek Improvement, Rivers, Creeks, Fishing Grounds, Tidal Basins

1.00

Page 340: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 341: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 5.4 Compensation Rates for Natural Features/Land: Siltation/Pollution/Loss of Use Recommended by

OPTS Sub-Committee on Land Acquisition

Page 342: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 343: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Compensation Rates for Natural Features/Land: Siltation/Pollution/Loss of Use

Recommended by OPTS Sub-Committee on Land Acquisition

Items Unit Rate Remarks Fish Pond- Natural - Artificial

Sq. Meter

To be based on valuation/negotiation.

Fish Trap/Animal Trap One 200.00-400.00 Depending on sizes. Fish Fence/Animal Fence Meter Run 50.00 Timber Canals/Fish Channels

Meter Sq. 50.00

Land Pollution i. Agricultural Lands (specific items like crops, trees, and other items destroyed should be assessed based on the rates) ii. Inhabited Areas iii. Other Lands iv. Recreation/Aesthetic Area

Per Hectare

Per Hectare

Per Hectare

800.00

800.00

400.00

Per hectare or part thereof per year for a period of 5 years. Compensation to be negotiated between the polluter and the claimant. No ceiling. Per hectare per year for a minimum period of 5 years. Compensation to be negotiated between the polluter and the claimant. No ceiling.

Damaged Fishing Net Per Bundle Based on prevailing prices/negotiation

Loss of Earnings from Fishing as a Result of Siltation

Meter Sq. 1.00

Loss of Earnings from Fishing as a Result of Pollution

Meter Sq. 2.00

Cut Traces Meter Run 5.00 Additional trees and crops destroyed are enumerated on stumpage basis and assessed based on these rates

Page 344: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 345: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 5.5 Indicative Compensation Rates Obtained from

Ogun State Property and Investment Corporation (OPIC)

Page 346: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 347: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Ogun State Property and Investment Corporation (OPIC) Abeokuta, Ogun State, Nigeria*

OPIC was established in 1984 by the Military Administration. The main objective of OPIC is to open up the prime properties of the State for development, while assisting the housing policies of the various governments and improving the capital base of the State. OPIC has provided many serviced plots of land and buildings for acquisition by interested members of the public. OPIC ESTATE AGBARA: This Estate has a total land area of 8,000 Hectares. The catchment area is Agbara Town, Ijanikin, Okokomaiko, Ojo in Lagos State, and Otta in Ogun State. About 6,000 plots of various sizes are ready for immediate allocation to prospective allotees. OPIC also has some completed and partly completed bungalows for allocation to interested members of the public on this Estate. The prices of land are as follows:

LAND SIZE PRICE (in Naira) 18M x 36M 183, 310.00 30M x 30M 253, 510.00 30M x 60M 507, 300.00

The prices of buildings are as follows: C.H.S. BUILDINGS PRICE 3 Bedroom Bungalow Type I 684, 966.63 3 Bedroom Bungalow Type II 891, 604.65 3 Bedroom Bungalow Type III 961, 904.65 OPIC ESTATE LAGOS/IBADAN EXPRESSWAY: This Estate has a total land area of approximately 20,000 hectares. The property is located two kilometers on both sides of the expressway beginning from the Sagamu interchange and up until the State boundary with Lagos State. The area that is subject to seasonal flooding is the Green Belt Zone and is less than 2.5 percent of the total land area. The Estate is very accessible to every part of Lagos via the third mainland bridge. About 5,000 plots of various sizes are ready for immediate allocation to interested members of the public. Also for immediate allocation to interested buyers, OPIC has houses on the various scheme on the Lagos/Ibadan Expressway Estate.

Page 348: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

The prices of land are as follows: LAND SIZE PRICE (in Naira) 18M x 36M 211, 637.00 30M x 45M 438, 260.00 30M x 60M 590, 570.00 The prices of buildings are as follows: C.H.S. BUILDINGS PRICE SCHEME 3 Bedroom Bungalow Type I 919, 931.65 Mowe 3 Bedroom Bungalow Type II 1, 146, 554.65 Isheri 4 Bedroom Bungalow Type I 2, 132, 373.88 Isheri 4 Bedroom Bungalow Type II 1, 593, 831.18 Isheri 2 Bedroom Bungalow (Duplex) 1, 200, 000.00 Warewa 3 Bedroom Bungalow (Fine Homes) 1,400, 000.00 Mowe

PRICE LIST (in Naira)

AGBARA SIZE PRICE CPI 18m x 36m 183, 310.00 324, 000.00 30m x 30m 253, 510.00 450, 000.00 30m x 60m 507, 300.00 900, 000.00 LAGOS/IBADAN EXPRESSWAY SIZE PRICE CPI 18m x 36m 211,637.00 324,000.00 30m x45m 438, 260.00 675,000.00 30m x 60m 590,570.00 900, 000.00 ABEOKUTA SIZE PRICE 30m x 30m 50,000.00 C.H.S. BUILDINGS AGBARA TYPE LAND SIZE DESIGN PRICE CPI B3 Type I 18m x 36m 3 B/R 844, 981.02 324,000.00 B3 Type II 18m x 36m 3 B/R 1, 143, 985.00 324,000.00

Page 349: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

LAGOS/IBADAN EXPRESSWAY TYPE LAND SIZE DESIGN PRICE CPI B4 Type I 30m x 45m 4 B/R 2, 132, 373.88 675, 000.00 B4Type Ii 30m x 45m 4 B/R 1, 593, 931.18 675, 000.00 B3 Type II 18m x 36m 3B/R 1,172, 112.00 324, 000.00 (Redeem) B2 Type II 30m x 45m 3 B/R 1,398,735.00 675, 000.00 (Warewa) COMPLETED BUILDINGS TYPE LAND SIZE DESIGN PRICE CPI Fine Home 18m x 36m 3 B/R Awaiting 324, 000.00

Q/S Submission Semi-Detached Bungalow (Warewa) 15m x 22.5 2 B/R 1, 500, 000.00 168, 750.00 * All names have been removed from this document to protect confidentiality.

Page 350: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 351: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 6.1 Nigeria Estate Survey Variables and

Sample Data

Page 352: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 353: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Nigeria Estate Survey Variables and Sample Data*

VILLAGE NAME

PARCEL NO. AGE SEX

1=M, 2=FLand Use Category Pivot Item ITEM

DESCRIPTION DIMENTION

/ QTY. LANDOWNER

AREA M2

Resettle-ment Opt. (YES/NO)

* All names have been removed from this document to protect confidentiality. Ilogbo Eremi 19-069 50 1

Water-Borehole/Well

Water-Borehole/Well 1 (no) Open Well 40

Ilogbo Eremi 19-076 62 1

Water-Borehole/Well

Water-Borehole/Well 1 (no) Open Well 40

Igbesa Community 18-480 30 1 Ag-Softwood Ag-Softwood Softwood 1

Igbesa Community 18-845 65 2 Ag-Softwood Ag-Softwood Softwood 1

Igbesa Community 18-471 30 1 Agriculture Breadfruit Breadfruit 1

Nusi Bello 145 2

Igbesa Community 18-581 41 1 Agriculture Bush Mango Bush Mango 1

Igbesa Community 18-634 48 2 Agriculture Bush Mango Bush Mango 1

Igbesa Community 18-660 35 2 Agriculture Bush Mango Bush Mango 1

Igbesa Community 18-490 20 2 Agriculture Cocoa Cocoa 1

Igbesa Community 18-491 60 1 Agriculture Cocoa Cocoa 1

Igbesa Community 18-492 18 1 Agriculture Cocoa Cocoa 1

Igbesa Community 18-493 21 1 Agriculture Cocoa Cocoa 1

Rabiu Rotimi 95 2

Igbesa Community 18-494 45 1 Agriculture Cocoa Cocoa 1

Igbesa Community 18-497 60 2 Agriculture Cocoa Cocoa 1

Igbesa Community 18-507 40 1 Agriculture Cocoa Cocoa 1

Itoki 1-037 62 1 Agriculture Coconut Coconut 1 Igbesa

Community 18-242 30 1 Agriculture Guava Guava 1 Igbesa

Community 18-209 45 1 Ag-Hardwood Hardwood Hardwood 1 Igbesa

Community 18-246 42 1 Ag-Hardwood Hardwood Hardwood 1 Igbesa

Community 18-478 40 1 Ag-Hardwood Hardwood Hardwood 1

Page 354: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Igbesa Community 18-479 40 1 Ag-Hardwood Hardwood Hardwood 1

Page 355: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1 Consultations

Page 356: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan
Page 357: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1

CONSULTATIONS*

Date Nigeria

Venue Group or persons contacted

Topics Discussed

Issue Type

* All names have been removed from this document to protect confidentiality. Nov, 7,02 Imeke Baale, Imeke Community leadership Estate Surveyor had come for Awareness Power of Attorney. Are they from WAGP? Should they donate Power of Attorney to the Estate valuers? Why has WAGP not visited earlier? Nov. 7,02 Badagry Akran of Badagry's Community Leadership Project Land Surveyors should Advocacy

Awareness Palace. engage local folks as laborers. When would construction start? What Public Relations plans does WAGP have for the royal fathers? He supports the Project. Nov.7,02 Tori-Lovi Baale's Palace Community Leadership Is aware of the Project, gives Advocacy

Awareness his support and co-operation to the on-going land survey work development project for the Community. Nov.7, 02 Igbesa Oba's Palace Community Leadership Estate Surveyor had come for Advocacy Power of Attorney. Are they

Page 358: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1 CONSULTATIONS*

Date Nigeria

Venue Group or persons contacted

Topics Discussed

Issue Type

WAGP? Is not aware that community youths had stopped on going land Nov.7, 02 cont.

survey work in the area. Awareness

Is there any immediate payment to be made? Nov. 20,02 Owode Karounwi Family house general community Issues relating to the encroachment on the ROW by a particular Church, Advocacy and the discouragement of speculative construction on the ROW. Awareness Nov. 20 02 Ijoko Lemode Ajibose Family ground general community Issues relating to the stoppage of on- going land survey work in the area. Is compensation going to be paid? Awareness Nov. 20, 02 Otta Olota's Palace Community leadership Is Gas for Nigerian Market? Advocacy Does WAGP have approval from Ogun State Government? They would not want to have anything to do with Estate Agents. Great care should be taken when

engaging

EPC contractors, so as to avoid the problem of incompetence

experienced

Page 359: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1 CONSULTATIONS*

Date Nigeria

Venue Group or persons contacted

Topics Discussed

Issue Type

by Shell during their exercise. casual labor should be hired from the Community. Nov. 20, 02 Cont.

nominates Chief Dosunmu as his

contact person. Suggested that we nominate a

Community Awareness

Liason Officer in the person of Chief Akin Dosunmu. Advises that WAGP CRR should be

devoid

of partisanship in the community. Nov. 25,02 Ewupe Community Square Community Leadership Complained about their experience in

the hands Awareness

of estate valuers they appointed during the

Shell exercise. Wants compensation payments made directly to land owners. Wants laborers hired from community. Nov. 25, 02 Ore-Akinde community Square General Community Shell did not keep any promise made to

the Awareness

Community. Shell destroyed their bridge.

Page 360: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1 CONSULTATIONS*

Date Nigeria

Venue Group or persons contacted

Topics Discussed

Issue Type

They need to bore hole for water. Dec. 16, 02 Otta M.A.N Hall, Otta all communities in Ado- Compensation for land. Awareness Odo Local Government EIA 6- Month, pipeline education, etc. Advocacy Dec. 18, 02 Igbessa Oba's Palace all communities under Compensation for land Advocacy Igbesa EIA 6- Month, pipeline education, etc. Awareness Dec.20, 02 Badagry Town Hall all communities in Compensation for land Lagos State ((ROW) EIA 6- Month, pipeline education, etc. Awareness Advocacy Mar. 19, 03 Lagos CNL Office Ajido Community Issues relating to site for Compressor

Station. Advocacy

May, 29,03 Ajido Oba's Palace Kunuji Family Issues relating to the dumping of 5 trips of

building sand on the Compressor station site.

Advocacy

17-Jun-03 entire ROW entire ROW World Bank Rep World Bank assessment team Awareness 10-Jul-03 Igbessa Oba's Palace all communities under Introduction of Project appointed Estate

Surveyor. Awareness

Igbesa Land acquisition and compensation, pipeline.

Safety

Safety and EIA 6-Month Report feedback.

Page 361: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1 CONSULTATIONS*

Date Nigeria

Venue Group or persons contacted

Topics Discussed

Issue Type

11-Jul-03 Badagry Town Hall all communities in -do- Advocacy Lagos State(ROW) Awareness Safety 2-Jul-03 Otta MAN Hall all communalities under Safety 2-Jul-03 Cont.

Ado-Odo Local Govt. -do- Awareness

Advocacy 19-08-03 Itoki open square Land and property owners Issues relating to relocation,

compensation. Advocacy

along ROW

19-08-03 Ijoko Erinko open square Land and property owners Advocacy along ROW -do- 16-Feb-04 all communities Badagry Town Hall all land owners/land users Feedback on FEED Package submittal,

EIA and Awareness

under Badagry along ROW upcoming Public Hearings, Land acquisition and

Safety

Local Govt. upcoming OPL Public Hearings. Advocacy 18-Feb-04 all communities Oba Palace all land owners/land users Feedback on FEED Package submittal,

EIA and Awareness

under Igbesa along ROW upcoming Public Hearings, Land acquisition and

Advocacy

upcoming OPL Public Hearings. Safety 20-Feb-04 all communities Manufacturer;s Association all land owners/land users Feedback on FEED Package submittal, Awareness

Page 362: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1 CONSULTATIONS*

Date Nigeria

Venue Group or persons contacted

Topics Discussed

Issue Type

EIA and under Ado-Odo of Nigeria Hall, Ota. along ROW upcoming Public Hearings, Land

acquisition and Advocacy

Ota LG(except upcoming OPL Public Hearings. Safety 20-Feb-04 Cont.

Igbesa)

29-Mar-04 all communities Lagos State Min. of Env. all land owners/land users OPL Public Hearing. Advocacy under Badagry Conference Room, Alausa along ROW Local Govt. Ikeja, Lagos 29-Mar-04 Cont.

31-Mar-04 all WAGP communities

Ogun State Bureau for Land

all land owners/users OPL Public Hearing. Advocacy

in Ogun State Conference room Abeokuta

and property owners along

ROW 06-Aprl-04 all WAGP

Communities Gateway Hotel, Ota all land owners/users and EIA Public Hearing Awareness

in Lagos and Ogun property owners along Safety State ROW & compressor site

Page 363: NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan – Nigeriadocuments.worldbank.org/.../pdf/rp2540v30Nigeria0RAP0June02004.pdf · NIGERIA FINAL DRAFT REV 1 Resettlement Action Plan

Annex 7.1 CONSULTATIONS*

Date Nigeria

Venue Group or persons contacted

Topics Discussed

Issue Type

08-Aprl-04 Ajido Open air Manuwa Kunuji Court case against WAPCo. Advocacy

Mukaila Kunuji