Resettlement action plan for tsm group b and d junctions



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LIST OF TABLES

Table 3-1: Inventory of Vendors and Properties in TSM Group B and D Junctions 40

Table 3-2: Categories of Project Affected Persons 41

Table 3-3: Project Affected Prsons entitled to Supplementary Assistance in TSM Group B and D Junctions 43

Table 4-1: Comparison of Land Use Act and World Bank OP 4.12 Regarding Compensation 84

Table 5-1: Entitlement and Compensation Matrix 88

Table 6-1: RAP Monitoring Framework 92

Table 6-2: Information Milestone 94

Table 7-1: RAP Budget 98

Table 8-1: RAP Implementation Schedule 102
LIST OF MAPS

Map 1.1: Lagos State Showing the Project Local Government Area 13

Map 1.2: Lawanson Project Area 15

Map 1.3: Dopemu Project Area 22 3

Map 1.4 Fagba Junction Project Area 24

Map 1.5 Old Iyana Ipaja/Pen cinema Project Area 26

LIST OF FIGURES

Figure 2.1: RAP Implementation Structure 35

ABBREVIATIONS/acronyms

AP Affected Persons

CBO Community Based Organisation

CD/VCD Compact Disk/Video Compact Disk

CL Cost of Labour,

FID Final Investment Decision

GSM Global System for Mobil telecommunication

HSE Health, Safety and Environment

ID Identity Cards

IL Income Losses

Km Kilometre

KAI Kick Against Indiscipline

LASTMA Lagos State Transport Management Authority

LAMATA Lagos Metropolitan Area Transport Authority

LUA Land Use Act

LASG Lagos State Government

LGA Local Government Area

LUTP Lagos Urban Transport Project

M&E Monitoring and Evaluation

NAPEP National Poverty Alleviation Programme

NGO Non Governmental Organisation

NURTW National Union of Road Transport workers

OP Operational Policy

PAPs Project Affected Persons

RAP Resettlement Action Plan

RoW Right of Way

SBE Small Business Enterprises

TA Transportation Allowance

TF Transport Fund

TSM Traffic System Management


executive summary


Introduction

The Lagos State Government (LASG), through the Lagos Metropolitan Area Transport Authority (LAMATA) under the Lagos Urban Transport Project (LUTP) plans to upgrade and improve the road network and traffic facilities at specific locations within the metropolis. Lagos State is the smallest by landmass of the 36 states in Nigeria but has the second highest population next to Kano state (by the yet to be made official recent national population census of 2006). This is over five percent of the national estimate. Based on a UN study and the State’s Regional Master Plan, the State is estimated to have about 15 million inhabitants, and this population is expected to increase to 25 million by the year 2015 at the current growth rate of 6% (World Urbanization Prospects, 2003 revision). The state contains the largest manufacturing sector and provides employment to over 45% of the skilled manpower in the country.


Part of the cardinal objective of the LUTP is to undertake traffic management activities towards ensuring efficient and effective movement of traffic in metropolitan Lagos. In line with these objectives LAMATA have decided to improve the Traffic Management System (TSM) of four (4) junctions within Lagos metropolis referred to as group B and D junctions.
TSM Group B and D roads and Junctions programme is initiated to improve the problem of traffic congestion in some selected junctions and roads within Lagos metropolis. It is aimed at alleviating the perennial traffic congestion problems experienced in Lagos on a daily basis, which is occasioned by indecent traffic management especially by commercial bus operators, narrowness of the roads and junctions or indiscriminate street trading on road sidewalks and drainages. These junctions are:
Group B Junctions:

  • Lawanson Bus Stop (both sides with adjoining streets)


  • Dopemu road (both sides with adjoining streets)

While the Group D junctions are:

  • Old Iyana Ipaja rd/Pen Cinema

  • Fagba junction (Fagba/Iju rd)

Based on the foregoing, LAMATA secured an assistance of the Word Bank to conduct studies of the likely persons to be affected by the proposed project and prepare a Resettlement Action Plan (RAP) for the four Junctions.
The objective of the RAP is to clarify the principles and procedures that will govern the mitigation of adverse social impacts induced by project operations. Specifically, the RAP is designed to ensure:

  • All types of losses are identified, clearly defined and properly categorized to reflect the nature of the loss.

  • A standard or measure for defining eligibility and entitlement in order to have a fair basis for assessing compensation for the loss or impact suffered.

  • Compliance with provisions of Nigerian Laws and World Bank Operational Policies (OP 4.12, paragraph 2(b)): that resettlement activity would be conceived and executed as development programs, providing sufficient investment resources to enable the PAPs to share in project benefits.

  • Displaced persons will be compensated for their losses at full replacement cost and provided assistance for disturbance prior to the beginning of civil works.

  • A comprehensive database, based on which values will be assessed, validated in the event of disputes and more importantly serve as the database for monitoring and evaluation of the resettlement instrument.

The project affected persons would be consulted and given the chance of participating in the design, implementation and monitoring of the resettlement.

Study Areas

The four junctions covered in this study are located within five local government areas of Lagos state. The local governments include Agege, Alimosho, Ifako/Ijaye, Mushin and Surulere LGAs. Of all the four classified study locations, only one (Fagba Junction) is strictly located within one local government area of Ifako Ijaye. The others are caught between two local Government areas. Dopemu Road project area is caught between Alimosho and Agege Local Government Areas; Lawanson Bus Stop project area is between Surulere and Mushin Local Government Areas, while Old Iyana Ipaja/Pen Cinema project area is located within Agege and Ifako-Ijaye local Government areas. The major challenges to traffic within the locations are mainly illegal road users, which varies from street trading, trading on the drainage, inadequate traffic management system etc.



Land Acquisition Resettlement Plan Objective

The resettlement action plan for the TSM Group B and D project is driven by the objectives of the World Bank OP 4.12 to avoid involuntary resettlement where feasible, or minimise, explore all viable alternative project design. There will be no land acquisition at the junctions and roads as all developments will be restricted to the existing setbacks. LAMATA is not planning any major road expansion works for any of the four roads and junctions and no structure shall be demolished.


Artisans, itinerant traders, food vendors etc have encroached upon some portions of the setbacks and drainages on the individual roads and junctions. The level of encroachment is particularly immense at Lawanson and Pen cinema areas. However, it is important to mention here that most of the encroachments result from small business owners such as vendors and traders. Apart from a particular street at Lawanson, where some few permanent structures are on the drainage, most of the businesses are carried out with movable materials such as wooden tables. In addition, houses, markets etc are beyond the setbacks. It is pertinent to mention that the state government acquired the setbacks during the construction of the roads and junctions for expansionary purposes and by law no individual person is supposed to trespass. Nevertheless, the World Bank principles that govern involuntary resettlement will not be compromised, regardless of the status of the trespassers.

Project Affected Persons and Properties

Consultations and Public Disclosure

Prior to the commencement of the RAP study, consultations and public disclosure was undertaken to disseminate to the people the intentions of state government through LAMATA towards the actualization of the road and junctions improvement project. Key stakeholders that were consulted include:



  • Alimosho, Agege, Ifako/Ijaye, Surulere and Mushin Local Government

  • NURTW (Agege and Lawanson branches)

  • Market Association

  • Traditional leaders

  • Keke NAPEP Association

The consultations carried out prior to the RAP study is a follow-up to the continuous consultations that LAMATA has been doing since the conceptualization stage of this project. The Safeguards and Transport units of LAMATA has been very consistent with this approach to ensure that all stakeholders are adequately informed of the project and their suggestions and inputs are included in the project design.





Inventory of Vendors and Supplementary Assistance

Enumeration of vendors and properties on the entire set backs of the roads and junctions was carried out and vendors were categorized based on the type of structures used viz: wooden table with or without sun screen, open wooden stalls, closed wooden/steel stores, hawkers with wheel barrows etc. The highest number of vendors was enumerated at Pen cinema/Old Iyana Ipaja junction followed by Lawanson road/junction then Dopemu road. Fagba junction presented the least number of vendors.


Project Affected Persons per Junction

Locations

Project Affected Persons (PAPs)

Fagba Junction

32

Pen cinema/Old Iyana Ipaja Junctions

464

Dopemu Road


244

Lawanson

309

Total

1049

The project-affected persons are those vendors that are located within the setbacks (including roads and ontop of the drainage) of the roads and junctions. From the table below, there are no fully affected persons. However, only four (4) wooden lock up shops built directly on the drainage at Abati George Street in Lawanson may have to be relocated to the nearby market at the end of the street. The absence of fully affected persons is because of the fact that there were no permanent structures that will be demolished. A number of the project-affected persons will be required to shift backwards to some vacant space behind the drainage. Of the 1049 project affected persons in the Group B and D roads and junction, only 435 (comprising of 6 PAPs at Fagba junction, 254 at Pen cinema/Old Iyana Ipaja junctions, 87 at Dopemu road and 85 at Lawanson bus stop area) will require one form of supplemenetary assistance or another. It is also important to note that about 54% of people requiring supplementary assistance will be relocated to available space at nearby markets, while about 44% will be required to shift backwards.


Categories of Project Affected Persons

Locations

Project Affected and Not Affected People


 

Fully Affected

Partially Affected

Not affected or

Total

Demolished

Relocated

Shift backwards

Relocated

Fagba

Fagba Junction

0

0

6

26

32

Pencinema/Old Iyana Ipaja

Balogun Road

0

12

23

37

72

Ogba Road

0

6

6

22

34

Iju Road East

0

38

10

14

62

Iju Road West

0


15

9

6

30

Pencinema Road South

0

31

12

17

60

Pencinema Road North

0

37

15

74

126

Ijaiye Road

0

17

11

25

53

Agege Road

0

4

8

15

27

Total

0

160

94

210

464

Dopemu

Dopemu East

0

31

8

64

103


Dopemu West

0

13

27

85

125

Shasha Rd East

0

0

6

7

13

Shasha Rd. West

0

0

2

1

3

Total

0

44

43

157

244

Lawanson

Lawanson Road

0

0

13

23

36

Itire Road

0

0

5

9

14

Abati George

41

18

11

49


82

Junbril Martins

0

6

5

48

59

High Tension

0

2

6

24

32

Aborishade

0

7

11

68

86

Total

4

33

51

221

309

Grand Total

4

237

194

614

1049

Given that no new land will be acquired for this project and the fact that most of the vendors will not be relocated, LAMATA shall provide assistance for all project-affected persons. About 237 PAPs will be provided with resettlement assistance that covers relocation to another shop within nearby market, transportation allowance, labour cost and loss of income allowance.

Summary of Socio-economic Study Findings


  1. TSM Group B and D roads and Junctions RAP Socio-Economic Survey covered four (4) specific locations (Dopemu road, Pen Cinema/Old Iyana Ipaja junctions, Fagba junction and Lawanson Bus stop. A total number of 1,049 respondents were enumerated across the four designated study locations. 464 of these were enumerated in Pen cinema/Old Iyana Ipaja, 309 in Lawanson, 244 in Dopemu, and 32 at Fagba Junction.




  1. A minimum of about 75% of those interviewed/enumerated in all the locations was owners of their respective businesses. A greater proportion of the vendors are those within the middle age bracket of between 25 and 40 years with a dominance of female over male.




  1. The educational background of the respondents varied, with the largest proportion of the respondents in all locations having secondary education.




  1. Various types of structures such as vendor tables, vendor stalls, the vendors in all the locations use artisan tables, store shops, workshops, etc. The structures were made of diverse materials with the majority being made of wood/plywood. The movable vendor’s table constitute the highest percentage of business structures in all locations.




  1. Depending on who occupies or makes use of the stall, shop or space, both owners and non-owners pay some rent to various individuals, associations, and State agencies.



  1. The study also showed that the vendors operated relatively long hours on a daily basis, working virtually every day of the week. The largest percentage of the respondents earns a net daily income of less than N500.





  1. Major items sold by the respondents interviewed varied from fruits, food, soft drinks and snacks; fish; palm wine and other liquor, stationery materials, kitchen and household wares. In some other locations such as Lawanson, Dopemu and Pen Cinema, items such as electronics, telephone/GSM accessories, jewelries, cosmetics, fabrics and textiles, foot wears, provisions and confectioneries were sold by relatively few of the respondents. In addition, services such as vulcanising, shoe repair and other artisanal occupation abound in the study areas.




  1. A number of the vendors have occupied their present space for a minimum of 2 years. A large proportion of the respondent took occupancy of their spaces within the last 6 months.




  1. The Vendors expressed various concerns about the implications of possible relocation. Most of these concerns varied from economic or social such as fear of losing sales and patronage from long standing customers. A number of the respondents have preference of where they would be relocated. Most vendors preferred to be given either financial assistance or other form of assistance in kind.


Eligibility Criteria and Project Entitlement

There are three types of project-affected persons:




  1. Those that would lose their business premises (land).

  2. Those that will have to shift backwards

  3. Transporters who will be required to use diversionary routes and the single available lane during construction activities at the junctions and roads.

Irrespective of the above, LAMATA shall provide adequate assistance to all affected persons as presented in the entitlement and compensation matrix


Entitlement and Compensation Matrix

Type of Losses


Categories of Affected Persons

Entitlement

Loss of commercial land

All types of affected persons

  • No cash compensation or land replacement for loss of land at the setbacks. This is because the setback is the property of the government and vendors are considered as squatters. But affected persons will be given alternative space for business e.g. inside the markets.

Loss of business premise


Relocation of open Stalls, lock up wooden and steel shop

  • Alternative space within the markets will be provided by LAMATA through the local government for all affected PAPs.

  • Transfer allowance to cover the cost of moving structures (transport plus loading/unloading) shall be provided by LAMATA.

  • Cost of labour for dismantling and reconstruction will also be provided by LAMATA.

  • Owners of affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structure.

  • Full replacement cost of all for all makeshift structures affected (if demolished) by the project. This cost will be determined by LAMATA/landlord (owner of the property)

Relocation of table vendors with or without umbrella

  • LAMATA shall liaise with appropriate LGAs and market associations to provide space in nearby markets for the vendors.
  • If the distance is far (about 50m) transfer allowance to cover transportation will be provided by LAMATA


  • Identified PAPs who have shops inside the market are not eligible for compensation.

Shifting of vendors stalls and shops

  • LAMATA will provide labour cost for dismantling and reconstruction of affected vendors stalls and shops including landlord

Loss of Income from business premises

Only vendors that will shift backwards

  • LAMATA will provide allowances in lieu of lost daily profit. This does not include those who hawk and landlords

  • LAMATA shall provide assistance to get the premises ready for their use

Vulnerable group

  • LAMATA shall provide loss in daily profit to all identified vulnerable group

Transporters

  • LAMATA will provide alternative diversionary route and ensure efficient traffic traffic management at the available single lane during construction activities as mutually agreed.

Monitoring and Valuation

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 World Bank Operational 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 RAP monitoring framework covers:

• Internal monitoring by LAMATA;

• Impact monitoring commissioned to specialized firms; and

• RAP implementation Audit
The scope of monitoring is briefly presented in the Table below

RAP Monitoring Framework

Component Activity

Type of Information/Data Collected

Source of Information/Data Collections Methods

Responsibility for Data Collection, Analyses 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

LAMATA RAP team and External Relations unit of LAMATA

Semi annual or as required by LAMATA RAP management team and World Bank.

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.

LAMATA RAP team and External Relations unit of LAMATA

Panel of Experts


Annual


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 supplementary assistance will be provided by LAMATA. There is also a provision for contingencies and inflation that may result from delays. This is about 10% of total budget (=N=5,530,910.00). LAMATA shall make direct payments to all project affected persons and this will be done after an audit of eligible PAP would have been completed.




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