are selected and specific resettlement action plans (RAPs) for each sub-project are prepared. The RPF must be ready, accepted and publicly disclosed before the Bank will appraise the project and it is expected to define the principles and procedures for resettlement operations: land acquisition; valuation; compensation and reporting; for the SEEFOR investment; in accordance with National and World Bank safeguard policies related to involuntary resettlement; (OP4. 12). The Bank’s policy (in paragraph 2) therefore advocates that where feasible, involuntary resettlement should be avoided or minimized, the resettlement must be conceived and executed as a sustainable development program, providing sufficient investment resources to enable persons displaced by the project share in project benefit. Persons displaced must be: Duly consulted and should have opportunity to participate in the planning and execution of the resettlement; Compensated for their losses at full replacement cost prior to civil works; Assisted with the move and supported during the transitional period in the resettlement site; and Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them. 3.5 Nigerian Law and Bank OP 4.12 on Compensation– A Comparison In Table 7, a comparison between compensation in Nigerian Land law and the WB policy is shown. Whereas the law relating to land administration in Nigeria is wide and varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank’s OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by a cut -off date. The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons. Thus all land to be acquired by the government for this project would be so acquired subject to the Laws of Nigeria and the Bank OP4.12. However, in the event of divergence between the two, that of the World Bank Safeguards policy on involuntary settlement shall take precedence over Nigeria Land Use Act as Bank. Table 7: Comparison of Nigerian Law and World Bank OP4.12 regarding compensation S/N Category of Nigerian Law World Bank OP4.12 PAPS/ Type of Lost Assets 1 Land Owners Cash compensation based Recommends land-for-land upon market value. compensation. Other compensation is at replacement cost.
are selected and specific resettlement action plans (RAPs) for each sub-project are prepared. The RPF must be ready, accepted and publicly disclosed before the Bank will appraise the project and it is expected to define the principles and procedures for resettlement operations: land acquisition; valuation; compensation and reporting; for the SEEFOR investment; in accordance with National and World Bank safeguard policies related to involuntary resettlement; (OP4. 12). The Bank’s policy (in paragraph 2) therefore advocates that where feasible, involuntary resettlement should be avoided or minimized, the resettlement must be conceived and executed as a sustainable development program, providing sufficient investment resources to enable persons displaced by the project share in project benefit. Persons displaced must be: Duly consulted and should have opportunity to participate in the planning and execution of the resettlement; Compensated for their losses at full replacement cost prior to civil works; Assisted with the move and supported during the transitional period in the resettlement site; and Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them. 3.5 Nigerian Law and Bank OP 4.12 on Compensation– A Comparison In Table 7, a comparison between compensation in Nigerian Land law and the WB policy is shown. Whereas the law relating to land administration in Nigeria is wide and varied, entitlements for payment of compensation are essentially based on right of ownership. The Bank’s OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by a cut -off date. The Nigeria Land Use Act and World Bank Safeguards Policy OP/BP 4.12 agree that compensation should be given to PAPs in the event of land acquisition and displacement of persons. Thus all land to be acquired by the government for this project would be so acquired subject to the Laws of Nigeria and the Bank OP4.12. However, in the event of divergence between the two, that of the World Bank Safeguards policy on involuntary settlement shall take precedence over Nigeria Land Use Act as Bank. Table 7: Comparison of Nigerian Law and World Bank OP4.12 regarding compensation S/N Category of PAPS/ Type of Lost Assets Nigerian Law World Bank OP4.12 1 Land Owners Cash compensation based upon market value. Recommends land-for-land compensation. Other compensation is at replacement cost.
RP11260REVISED0Box361561B006183185.docx