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E&S MANAGEMENT FRAMEWORK (ESMF)
NIGERIA SOLAR IPP SUPPORT PROGRAM
22 JANUARY 2019
ESMF Nigeria Solar IPP Program (January 2019)
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TABLE OF CONTENTS
LIST OF TABLES ...................................................................................................................................................... VII LIST OF FIGURES ................................................................................................................................................... VIII
GLOSSARY OF TERMS ......................................................................................................................................... 1
EXECUTIVE SUMMARY ....................................................................................................................................... 3
1 INTRODUCTION .......................................................................................................................................... 5
1.1 BACKGROUND .............................................................................................................................................. 5 1.2 RATIONALE FOR THE ESMF ............................................................................................................................ 6 1.3 OBJECTIVES OF ESMF ................................................................................................................................... 7
2 PROGRAM DETAILS AND SUB-PROJECTS ................................................................................................ 8
2.1 INTRODUCTION .............................................................................................................................................. 8 2.1.1 Typical Activities associated with solar power developments .......................................... 9
2.2 LOCATION OF THE 14 IPP SOLAR PROJECTS .................................................................................................. 9 2.3 LOCATION OF THE 13 SUB-PROJECTS (WITH SUBMITTED EXPRESSIONS OF INTEREST) ....................................... 11
2.4 E&S ASSESSMENTS RELATED TO PROJECT PHASES ........................................................................................ 13 2.5 CRITERIA FOR IDENTIFYING SUB-PROJECTS .................................................................................................... 15
3 REGULATORY AND INSTITUTIONAL FRAMEWORK ................................................................................ 17
3.1 RELEVANT NIGERIAN POLICIES, LEGISLATIONS AND INSTITUTIONAL PROVISIONS ............................................ 17 3.1.1 Nigerian Environmental and Social Safeguard Policies and Legal Provisions ............. 17
National Policy on the Environment (1988) ....................................................................................... 17 EIA Act Cap E12 LFN 2004 ..................................................................................................................... 17 National Environmental Protection (Pollution Abatement in Industries and Facilities
Generating Wastes) Regulations, 1991 ................................................................................................................. 18 National Environmental Protection (Management of Solid and Hazardous Wastes)
Regulations, 1991 ........................................................................................................................................................ 18 National Environmental (Sanitation and Wastes Control) Regulations, 2009 .......................... 18 National Environmental (Electrical/Electronic Sector) Regulations, 2011 ................................ 19 National Environmental (Noise Standards and Control) Regulations, 2009 ............................. 19 National Environmental (Surface & Groundwater Quality Control) Regulations 2011 ......... 19
3.1.2 Land Use Act CAP L5 LFN 2004 ................................................................................................. 19 3.1.3 Nigerian Energy Sector Policies and Legal Provisions ........................................................ 20
National Energy Policy, 2003 ................................................................................................................. 20 Electric Power Sector Reform Act 2005 ............................................................................................. 21 Energy Commission of Nigeria Act CAP 109 LFN 1990 ................................................................... 21 Nigerian Electricity Supply and Installation Standards (NESIS) Regulations 2015 .................... 21 Acquisition of Land Access Rights for Electricity Projects Regulations, 2012 ........................... 22 Roadmap for Power Sector Reform of August, 2010 ..................................................................... 22 Renewable Energy and Efficiency Master Plan (REEMP), 2016 ................................................... 22
3.1.4 Other applicable E & S laws and regulations in Nigeria.................................................... 23 3.1.5 The Gender Policy Framework in Nigeria .............................................................................. 24 3.1.6 National Gender Policy, 2006 ................................................................................................... 25
3.2 NIGERIA’S NATIONAL DETERMINED CONTRIBUTIONS (NDC) ON CLIMATE CHANGE ................................... 25 3.3 INTERNATIONAL CONVENTIONS AND AGREEMENTS...................................................................................... 27 3.4 NIGERIAN INSTITUTIONAL PROVISIONS AND ARRANGEMENTS ....................................................................... 28
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3.4.1 Federal Ministry of Environment ............................................................................................... 28 National Environmental Standards and Regulations Enforcement Agency (NESREA) ......... 29
3.4.2 Federal Ministry of Power Works and Housing ...................................................................... 29 Nigerian Electricity Regulatory Commission (NERC) ...................................................................... 29 Transmission Company of Nigeria (TCN) ........................................................................................... 30 Nigerian Bulk Electricity Trading Plc (NBET) ....................................................................................... 30 Energy Commission of Nigeria (ECN) ................................................................................................. 30 Rural Electrification Agency.................................................................................................................. 30
3.5 INTERNATIONAL POLICIES, STANDARDS AND INSTITUTIONS ............................................................................ 30 3.5.1 Green Climate Fund .................................................................................................................... 30
Accreditation ............................................................................................................................................ 31 Screening and risk categories .............................................................................................................. 31 Environmental and social due diligence under GCF .................................................................... 32 Environmental and social assessment................................................................................................ 33 Environmental and social management plan (ESMP) .................................................................. 33 Operational changes ............................................................................................................................. 33 Monitoring and reporting ...................................................................................................................... 33
3.5.2 Africa Finance Corporation ...................................................................................................... 34 AFC’s Environmental and Social Risk Management Policy .......................................................... 34 International Finance Corporation E&S Standards ......................................................................... 35 AFC’s Project Categorization ............................................................................................................... 35 AFC ESDD process ................................................................................................................................... 36 AFC Gender Policy .................................................................................................................................. 37
3.5.3 The African Development Bank (AfDB) .................................................................................. 38 Integrated Safeguards System (ISS) .................................................................................................... 38 The Integrated Safeguards Policy Statement .................................................................................. 39 Operational Safeguards (OSs) ............................................................................................................. 39 Environmental and Social Assessment Procedures (ESAPs) ......................................................... 40 Integrated Environmental and Social Impact Assessment (IESIA) Guidance Notes ............. 42 AfDB Project Categorisation Process ................................................................................................. 43
3.6 ENVIRONMENTAL AND SOCIAL ASSESSMENT OF NIGERIAN POLICIES AND LEGISLATIONS, IFC PERFORMANCE
STANDARDS AND AFDB SAFEGUARD SYSTEMS .......................................................................................................... 45 3.7 DISCLOSURE REQUIREMENTS ........................................................................................................................ 49
4 ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION................................................................. 51
4.1 ENERGY DISTRIBUTION AND ACCESS ............................................................................................................ 51 4.2 PHYSICAL ENVIRONMENT ............................................................................................................................. 52
4.2.1 Climate ............................................................................................................................................ 52 Temperature and Relative Humidity ................................................................................................... 52 Rainfall ........................................................................................................................................................ 52 Wind ............................................................................................................................................................ 53
4.2.2 Air Emissions and Noise ............................................................................................................... 53 4.2.3 Soil and Landscape ..................................................................................................................... 54 4.2.4 Geology .......................................................................................................................................... 55
Quaternary Alluvial Deposits ................................................................................................................. 55 Mesozoic to tertiary rocks ...................................................................................................................... 55 Precambrian basement complex rocks ............................................................................................ 56
4.2.5 Hydrogeology ............................................................................................................................... 56 Regional hydrogeology: Northwestern Nigeria ............................................................................... 56 Regional hydrogeology: northeastern Nigeria ................................................................................ 57
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Regional hydrogeology: the Middle Niger Basin and central Nigeria ...................................... 57 4.3 BIOLOGICAL ENVIRONMENT ........................................................................................................................ 58
4.3.1 Floral Characteristics ................................................................................................................... 59 4.3.2 Fauna Characteristics ................................................................................................................. 63 4.3.3 Endangered and Critically endangered Species in Nigeria ............................................ 66 4.3.4 Protected Areas ........................................................................................................................... 67
4.4 SOCIO-ECONOMIC ENVIRONMENT ............................................................................................................. 68 4.4.1 Demographics .............................................................................................................................. 68 4.4.2 Population ...................................................................................................................................... 68 4.4.3 Ethnic Groups and Religion ....................................................................................................... 69 4.4.4 Public Health ................................................................................................................................. 69 4.4.5 Epidemic Diseases and HIV/AIDS ............................................................................................ 70 4.4.6 Land Use and Tenure .................................................................................................................. 71 4.4.7 Land Competition and Conflict between Farmers and Pastoralists .............................. 72 4.4.8 Cultural Heritage .......................................................................................................................... 73
5 GENDER CONSIDERATIONS AND VULNERABLE GROUPS ................................................................... 74
5.1 INTRODUCTION ............................................................................................................................................ 74 5.2 GENDER ISSUES ............................................................................................................................................ 75
5.2.1 Gender issues in Northern Nigeria ........................................................................................... 76 5.2.2 Impediments to the Girl-Child Education in Northern Nigeria ......................................... 77
5.3 VULNERABLE GROUPS ................................................................................................................................. 78 5.3.1 Indigenous Groups ....................................................................................................................... 78
5.4 APPROACHES TO CONSULTATION, INCLUDING VULNERABLE GROUPS ........................................................ 79 5.4.1 Vulnerable group inclusion ........................................................................................................ 79
a. AfDB ISS requirements on vulnerable groups ............................................................................................. 80 b. Objective and scope of vulnerable group identification ...................................................................... 81 c. Differentiated measures for vulnerable groups’ inclusion in development ...................................... 81
5.5 GENDER MAINSTREAMING AND VULNERABILITY ASSESSMENT ....................................................................... 83 5.6 IMPLEMENTATION OF GENDER CONSIDERATIONS IN THE PROGRAM ............................................................. 84
6 6. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS .................................................................... 85
6.1 OVERALL CONTEXT ..................................................................................................................................... 85
6.2 NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS ..................................................................................... 85 6.3 POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS ....................................................................................... 88 6.4 GENDER SENSITIVE DEVELOPMENT IMPACTS ................................................................................................ 88
7 POTENTIAL MITIGATION MEASURES ....................................................................................................... 91
7.1 INTRODUCTION ............................................................................................................................................ 91 7.2 APPROACH TO ENVIRONMENTAL AND SOCIAL RISK AND IMPACT MITIGATION .......................................... 100
8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PROCEDURES AND REQUIREMENTS ................. 103
8.1 ENVIRONMENTAL, HEALTH AND SAFETY GUIDELINES TO BE IMPLEMENTED BY THE PROGRAM ....................... 103 8.2 ENVIRONMENTAL AND SOCIAL DUE DILIGENCE PROCESS (ESSD) ............................................................. 104 8.3 ENVIRONMENTAL AND SOCIAL IDENTIFICATION AND PRELIMINARY ASSESSMENT (ENVIRONMENTAL SCREENING
AND SCOPING) ...................................................................................................................................................... 108 8.4 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) STUDIES ......................................................... 109
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8.5 ENVIRONMENTAL AND SOCIAL MANAGEMENT FOR THE PROGRAM ........................................................... 110 8.5.1 Environmental and Social Management Plans (ESMP) ................................................... 110 8.5.2 Other Instruments for E&S Management ............................................................................. 111 8.5.3 Studies for environmental and social management ....................................................... 112 8.5.4 Environmental and social studies required by national (Nigerian) legislations ........ 112 8.5.5 Environmental and social studies required by the IFC Performance Standards and
AfDB Operational Safeguards .................................................................................................................. 112 8.6 ENVIRONMENTAL AND SOCIAL MONITORING ............................................................................................ 114
9 STAKEHOLDER ENGAGEMENT AND GRIEVANCE MANAGEMENT .................................................. 115
9.1 STAKEHOLDERS’ CONSULTATION AND ENGAGEMENT ................................................................................ 115 9.2 CONSULTATIONS RELATED TO INVOLUNTARY DISPLACEMENT ..................................................................... 116 9.3 PROGRAM GRIEVANCE REDRESS MECHANISM (GRM) ............................................................................ 118
a. Independent Review Mechanism (IRM)........................................................................................... 119 b. GRM at project level .............................................................................................................................. 119
9.4 APPOINTING MEMBERS OF GRIEVANCE REDRESS COMMITTEES (GRC) ..................................................... 120
9.5 PROCEDURES, COMPLAINTS CHANNELS AND TIME FRAME FOR GRIEVANCE REDRESS MECHANISMS ........... 121 9.6 STAKEHOLDER ENGAGEMENT ACTIVITIES DURING THE PREPARATION OF THE ESMF ..................................... 123
9.6.1 Stakeholders Consulted ............................................................................................................ 123 9.6.2 Summary of the outcomes of the engagements ............................................................. 125
10 ESMF IMPLEMENTATION AND MANAGEMENT ............................................................................... 128
10.1 INSTITUTIONAL ARRANGEMENTS FOR ESMF IMPLEMENTATION .................................................................... 128 10.2 ROLES AND RESPONSIBILITIES FOR MANAGING ENVIRONMENTAL AND SOCIAL REQUIREMENTS .................. 128
10.2.1 Sub-project proponent’s role and responsibilities ............................................................. 128 10.2.2 AFC and AfDB’s role and responsibilities ............................................................................. 128
10.3 INSTITUTIONAL ARRANGEMENTS FOR THE IMPLEMENTATION OF THE ESMF .................................................... 129 10.3.1 Roles and responsibilities of Main Implementing Entity ................................................... 129
10.4 TRAINING AND CAPACITY STRENGTHENING PLAN ...................................................................................... 131
ANNEXES ......................................................................................................................................................... 135
11 ANNEX 1. TEMPLATES FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT INSTRUMENTS.... 136
ANNEX 1A. E&S SCREENING FORM ..................................................................................................................... 137 ANNEX 1B. ENVIRONMENTAL AND SOCIAL MONITORING REPORT........................................................................ 140 ANNEX 1C. ENVIRONMENTAL AND SOCIAL FINAL REPORT ................................................................................... 142 ANNEX 1D: CHANCE FIND PROCEDURE .............................................................................................................. 144
12 ANNEX 2: GENERIC E & S MITIGATION AND ENHANCEMENT MEASURES TO BE CONSIDERED
FOR SUB-PROJECTS ........................................................................................................................................ 147
13 ANNEX 3: RESETTLEMENT POLICY FRAMEWORK ............................................................................ 162
13.1 INTRODUCTION .......................................................................................................................................... 162 13.2 PROGRAM DESCRIPTION ........................................................................................................................... 163 13.3 RATIONALE OF THE RPF ............................................................................................................................. 167 13.4 PURPOSE OF THE RESETTLEMENT POLICY FRAMEWORK................................................................................ 168
13.5 OBJECTIVES OF THE RESETTLEMENT POLICY FRAMEWORK ............................................................................ 168 13.6 LEGAL AND ADMINISTRATIVE FRAMEWORK GOVERNING RESETTLEMENT IN NIGERIA .................................... 169
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13.6.1 Land Use Act – 1978 .................................................................................................................. 170 13.6.2 Electric Power Sector Reform (EPSR) Act - 2005 ................................................................ 172 13.6.3 Nigeria Electricity Regulatory Commission (NERC) ........................................................... 172 13.6.4 Transmission Company of Nigeria (TCN) .............................................................................. 173 13.6.5 Overview of the Land Take process in Nigeria .................................................................. 173
Step 1: Preparation of a Survey Description ................................................................................... 173 Step 2: Publication of a Notice of Acquisition ............................................................................... 174 Step 3: Surveying the Property ........................................................................................................... 174 Step 4: Assessment ................................................................................................................................ 174 Step 5: Registration and Stamping .................................................................................................... 174 Step 6: Preparation of Certificate of Occupancy ........................................................................ 175
13.6.6 Legal Mechanisms for Resolving Land-related Grievances ........................................... 175 The Constitution ...................................................................................................................................... 175 Land Use Act ........................................................................................................................................... 175
13.6.7 Scope of the Land Use and Allocation Committee ......................................................... 175 13.6.8 Traditional Land Tenure in Nigeria ......................................................................................... 176 13.6.9 Certificates of Occupancy ..................................................................................................... 177 13.6.10 Institutional Framework ......................................................................................................... 177
Federal Government ....................................................................................................................... 177 State Government ............................................................................................................................ 177 Local Government ........................................................................................................................... 178 Traditional Leadership ...................................................................................................................... 178
13.6.11 International Standards and Guidelines related to Involuntary Displacement ... 179 The African Development Bank Group’s (AfDB) Integrated Safeguard System ............. 179 International Finance Corporation (IFC) .................................................................................... 180
13.6.12 Comparison of Relevant National Legislation and International Standards ........ 180 13.7 COMPENSATION FRAMEWORK .................................................................................................................. 188
13.7.1 Compensation Principles ......................................................................................................... 188 13.8 ELIGIBILITY PRINCIPLES ................................................................................................................................ 192
13.8.1 Establishment of Entitlement Cut-off Date .......................................................................... 192 13.8.2 Entitlements .................................................................................................................................. 192
13.9 ENTITLEMENT PLANNING............................................................................................................................. 198 13.10 METHOD OF COMPENSATION ............................................................................................................... 198
13.11 ENTITLEMENT FOR COMPENSATION ........................................................................................................ 198 13.12 VALUATION ........................................................................................................................................... 199
13.12.1 State (urban and non-urban) owned Land ................................................................... 199 13.12.2 Privately owned Land ........................................................................................................... 199 13.12.3 Assets held under Customary Law .................................................................................... 199 13.12.4 Method of Valuation ............................................................................................................ 200 13.12.5 Arrangements for Compensation ..................................................................................... 201
13.13 PUBLIC PARTICIPATION .......................................................................................................................... 201 13.13.1 Notification .............................................................................................................................. 202 13.13.2 Documentation of Holdings and Assets .......................................................................... 202
13.14 AGREEMENT ON COMPENSATION AND PREPARATION OF CONTRACTS ................................................. 202 13.15 COMPENSATION PAYMENTS .................................................................................................................. 202
13.15.1 Community Compensation Payments ............................................................................ 202
13.15.2 Procedures for Delivery of Compensation ..................................................................... 203 13.16 MONITORING AND EVALUATION ........................................................................................................... 203
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13.16.1 Monitoring Process ................................................................................................................ 203 13.17 LIVELIHOOD RESTORATION .................................................................................................................... 204
13.17.1 Key Principles Guiding Livelihood Restoration Planning .............................................. 204 13.17.2 Process for Determining Livelihood Restoration Options ............................................ 204 13.17.3 Livelihood Restoration Plans ................................................................................................ 205
13.18 RESETTLEMENT ACTION PLAN ................................................................................................................. 205 13.18.1 Introduction ............................................................................................................................. 205 13.18.2 Outline of a RAP ..................................................................................................................... 206
LIST OF TABLES TABLE 2.1. SUMMARY OF ALL THE SOLAR IPP SIGNED BY THE FEDERAL GOVERNMENT OF NIGERIA .................................. 9 TABLE 2.2. TYPICAL SOLAR POWER DEVELOPMENT PROJECT CYCLE ............................................................................... 13 TABLE 2.3. APPROACH TO BE USED IN SELECTING SUB-PROJECTS FOR THE AFC-GCF FUNDING PROGRAM. ................. 15 TABLE 3.1. OTHER RELEVANT NATIONAL ENVIRONMENTAL PROTECTION REGULATIONS ................................................... 23 TABLE 3.2. SELECTED INTERNATIONAL AGREEMENTS AND CONVENTIONS TO WHICH NIGERIA IS A SIGNATORY ................ 28 TABLE 3.3. GCF PROJECT SCREENING CATEGORIES .................................................................................................... 32 TABLE 3.4. AFC PROJECT CATEGORISATION ................................................................................................................ 36
TABLE 3.5. AFC ESDD PROCESS .................................................................................................................................. 36 TABLE 3.6. AFDB OPERATIONAL SAFEGUARDS OS1-5 ................................................................................................. 40 TABLE 3.7. SUMMARY OF THE AFDB PROJECT CYCLE AND E & S REQUIREMENTS.......................................................... 41
TABLE 3.8. AFDB PROJECT CATEGORIZATION PROCESS ............................................................................................... 44 TABLE 3.9. COMPARISON OF NIGERIAN LEGAL PROVISIONS, AFDB ISS SPECIFICATIONS AND IFC PERFORMANCE
STANDARDS (FOR AFC AND GCF) ..................................................................................................................... 46 TABLE 3.10. DISCLOSURE REQUIREMENTS OF THE FMENV, GCF, AFC AND AFDB ....................................................... 49 TABLE 4.1. FMENV AND WHO AMBIENT AIR QUALITY STANDARDS AND GUIDELINES ................................................... 54 TABLE 4.2. FMENV AND WHO NOISE LEVEL STANDARDS AND GUIDELINES. ................................................................. 54 TABLE 4.3. FLORA CHARACTERISTICS IN NORTHERN NIGERIA ......................................................................................... 59 TABLE 4.4. CLASSIFICATION OF FAUNA SPECIES (INVERTEBRATE) ................................................................................... 63 TABLE 4.5. CLASSIFICATION OF FAUNA SPECIES (VERTEBRATES) .................................................................................... 64 TABLE 4.6. CRITICALLY ENDANGERED AND ENDANGERED SPECIES ACROSS NIGERIA.................................................... 66 TABLE 4.7. PROTECTED AREAS IN NORTHERN NIGERIA .................................................................................................. 67
TABLE 4.8. HISTORICAL POPULATION GROWTH RATES IN NIGERIA .................................................................................. 68 TABLE 5.1. IMPEDIMENTS TO THE GIRL CHILD EDUCATION IN NORTHERN NIGERIA ......................................................... 77 TABLE 6.1. ANTICIPATED NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS OF SUB-PROJECTS (NON-EXHAUSTIVE) ..... 85 TABLE 6.2. ANTICIPATED POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS FROM SUB-PROJECTS (NON-EXHAUSTIVE) ... 88 TABLE 6.3. ANTICIPATED GENDER SENSITIVE IMPACTS ON SUB-PROJECTS ...................................................................... 89 TABLE 7.1. EXAMPLES OF MITIGATION MEASURES WHICH COULD BE APPLIED TO SUB-PROJECTS SELECTED FOR FUNDING 91
TABLE 10.1. ROLES AND RESPONSIBILITIES OF THE MAIN IMPLEMENTING ENTITIES .......................................................... 129 TABLE 10.2. PROPOSED TRAINING PROGRAMS FOR ESMF IMPLEMENTATION .............................................................. 133 TABLE 13.1. SUMMARY OF ALL THE SOLAR IPPS SIGNED BY THE FEDERAL GOVERNMENT OF NIGERIA .......................... 164 TABLE 13.2. CATEGORIES OF PAPS AND COMPENSATION ACCORDING TO NIGERIA GUIDELINE AND INTERNATIONAL
GUIDELINES ........................................................................................................................................................ 189 TABLE 13.3. ELIGIBILITY CRITERIA FOR COMPENSATION ............................................................................................... 192 TABLE 13.4. EXAMPLE OF AN ENTITLEMENT MATRIX THAT COULD BE APPLIED IN SUB-PROJECTS...................................... 194 TABLE 13.5. INDICATIVE VALUATION METHODS ........................................................................................................... 200
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LIST OF FIGURES FIGURE 2.1. LOCATION OF THE 14 SOLAR IPP PROJECTS ......................................................................................... 11
FIGURE 2.2. LOCATION OF 13 SUB-PROJECTS THAT HAVE EXPRESSED INTEREST IN AVAILING THE PROGRAM ................. 12 FIGURE 3.1. BREAKDOWN OF NIGERIA’S NDC TARGETS .......................................................................................... 26 FIGURE 3.2. STRUCTURE OF THE AFDB ISS ............................................................................................................... 38 FIGURE 4.1. MAP SHOWING DIFFERENT VEGETATION BELT OF NIGERIA ..................................................................... 59
FIGURE 8.1. ESMF PROCESS ................................................................................................................................ 108 FIGURE 13.1. LOCATION OF 11 SUB-PROJECTS BEING CONSIDERED FOR FUNDING UNDER THE PROGRAM ................. 166
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GLOSSARY OF TERMS
AE Accredited Entity
AFC Africa Finance Corporation
AfDB African Development Bank
ARAP Abbreviated Resettlement Action Plan
BCS Broad Community Support
CSP Country Strategy Paper
DFI Development Financial Institution
E&S Environment & Social
EHS Environment Health and Safety
ESA E&S Assessment
ESMAP E&S Management Action Plans
ESAPs AfDB E&S Assessment Procedures
ESCR E&S Completion Report
ESFR E&S Final Report
ESIA E&S Impact Assessment
ESIS E&S Impact Studies
ESMF E&S Management Framework
ESMoFo E&S Monitoring Form
ESMP E&S Management Plan
ESMPs E&S Management Action Plans
ESMS E&S Management Systems
ESS E&S Scoping
ESSF E&S Screening Form
FI Financial Intermediary
FGN Federal Government of Nigeria
FRAP Full Resettlement Action Plan
GCF Green Climate Fund
GHGs Green House Gases
GoN Government of Nigeria
GRM Grievance Redress Mechanism
HIV-AIDS Human Immunodeficiency Virus-Acquired Immune Deficiency
Syndrome
IESIA Integrated E&S Impact Assessment
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IFC International Finance Corporation
IFIs International Finance Institutions
IPDP Indigenous People Development Plan
IPPs Independent Power Producers
IRM Independent Review Mechanism
ISS Integrated Safeguards System
ISTS Integrated Safeguards Tracking System
IUCN International Union for the Conservation of Nature
MDB Multilateral Development Bank
NDC Nationally Determined Contributions
OS Operational Safeguard
OSs Operational Safeguards
PACs Project Affected Communities
PAP Project Affected Persons
PAR Project Appraisal Report
PBO Program-Based Operation
PCN Project Concept Note
PCR Physical and Cultural Resources
PCR Project Completion Report
PEN Preliminary Evaluation Note
PIC Public Information Centre
PS Performance Standard
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
SPV Special Purpose Vehicles
STIs Sexually Transmitted Infections
TOR Terms of Reference
UN United Nations
UNFCC United Nations Framework Convention on Climate Change
WB World Bank Group
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EXECUTIVE SUMMARY
As part of the Environmental and Social (E&S) safeguards documentation
required to support the AFC and AfDB application for GCF funding, an E&S
Management Framework (ESMF) is required for the Nigeria Solar IPP Support
Program (the Program). The AFC, as the Accredited Entity has adopted the IFC
Performance Standards as an integral part of its E&S assessment procedures. The
AfDB has adopted an Integrated Safeguard System (ISS), consisting of an
Integrated Safeguards Policy Statement and a set of E&S Performance
Requirements. The proposed program will adopt both the IFC Performance
Standards and the AfDB Operational Standards as requirements to ensure that
the sub-projects selected for funding are compliant with the safeguard
requirements of both the AFC and GCF.
In accordance with the IFC Performance Standards which the AFC has adopted
and AfDB’s ISS, all sub-projects in this program will undergo E&S appraisal to:
• Help AFC and AfDB decide if the project should be financed and;
• Determine which E&S risks and impacts should be addressed in planning,
implementation and operation of selected sub-projects.
The actual projects to be funded will be selected from among the 13 that have
expressed interest in participating in the Program. The selection process will be
undertaken in stages by AFC, using a number of criteria, including E&S risk-related
criteria. Amongst others, eligibility criteria will include consideration of the
following thresholds:
a. Projects that would physically displace more than 50 homes (or 200
population) would not qualify for funding.
b. Projects that would encroach into protected areas of natural habitat or
located in areas where it can adversely affect rare and critically
endangered species would not be funded.
c. Projects that are located inside territories of indigenous minorities or groups
that would qualify under the definition of indigenous people of World Bank
OP 4.10. which does not or cannot provide any direct benefit to the group,
either in terms of access to electricity or other programs shall not be funded.
d. Projects that are assessed to be Category A or Category 1 as per GCF or
AfDB categorization, respectively shall not be funded.
e. Projects that would displace or render inaccessible Cultural Heritage sites
shall not be funded.
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This document presents the Environmental and Social Management Framework
(ESMF) that has been developed for the Program. The ESMF describes how the
Program, through the AE (AFC) and the clients will manage the E&S risks and
impacts of sub-projects. Though the Program will generally target projects with
E&S risks that have limited adverse E&S impacts that are few in number, location
specific and largely reversible or readily minimized, the ESMF has been written to
provide a comprehensive set of E&S assessments tools, which will be deployed to
ensure that sub-project specific E&S impacts are identified and managed
effectively throughout the entire project cycle.
The ESMF also sets out the capacity building and strengthening programs that will
be adopted as part of the implementation of the Framework.
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1 INTRODUCTION
1.1 Background
Nigeria has a population of over 190 million people and currently faces major
energy challenges, with as much as 98 million people, ~55% of its citizens, lacking
access to grid-connected electricity as at the end of 2015. Even with an installed
capacity of ~11,165 MW as at December 2017, available daily generation
capacity has been erratic, ranging from 3,000 MW to 5,000 MW due to gas,
transmission and distribution constraints. This is short of the required electricity to
supply the country’s huge and growing population. This shortfall in generation
capacity has led to the proliferation of many individuals and businesses owning
and using diesel generators, which are inefficient and polluting.
Consequently, this situation has the resultant effect of increasing greenhouse gas
(GHG) emissions in the country. Between the years 1990 through 2010, GHG
emissions increased from 164 million tonnes (MT) CO2eq to 263MT CO2eq.
Population growth, along with predicted economic growth is expected to drive
GHG emissions to over 900 MT CO2eq by 2030.
The installed energy mix in Nigeria is 26% from hydropower and 74% from oil, gas
and other fossil fuels, highlighting the significant amount of room for the growth of
solar power within Nigeria’s installed energy mix. It is estimated that 100 litres of
diesel is used to produce 1MWh electricity. In relation to the Program, this could
translate to a proposed 100 MW solar PV project having a potential to displace
the burning of 2.3 million litres of diesel each year. Consequently, the proposed
Program will significantly reduce GHG emissions in the project areas and
ultimately reduce the carbon footprint of the Nation.
Facing serious electricity supply deficit over many years, the Federal Government
of Nigeria (“FGN”) is actively seeking to improve conditions for private investment
in the power and energy sector. Solar power is a critical component of the power
policy of the FGN, which has reaffirmed its commitment to increasing renewable
energy capacity as a part of Nigeria’s Vision 2020. Overall, the Vision 2020
programme presents an ambitious goal of achieving 35,000 MW by 2020, of which
10% (3,500 MW) is targeted to be provided from renewable energy.
To show its commitment to increasing generation and diversifying from thermal
and hydropower, the FGN through the Nigerian Bulk Electricity Trading Plc
(“NBET”), the off-taker, signed several utility scale solar Power Purchase
Agreements (PPAs) in July 2016 to supply ~1,125 MW of power to the Nigerian
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power grid. It was expected that the Program (a total of 14 IPP sub-projects1,
mostly located in the northern part of Nigeria) will bring significant diversification
from diesel generation sources. To date, none of these projects have been able
to reach financial close.
In support of the development and implementation of the Program, the Africa
Finance Corporation (“AFC”), an Africa focused infrastructure financing institution
with US$4.1 billion in total assets (as at December 2017) and the African
Development Bank (“AfDB”), a pan-African development finance institution with
more than 80-member states and 54 regional member countries; the two highest
rated financial institutions in Africa, are together proposing to work with the Green
Climate Fund (“GCF”) on a Nigeria Solar Intervention Program, which will catalyse
the delivery of c.400MW of renewable power, (the “Program”), ensuring the
successful financing, construction and operations of the first utility scale power
projects in the country. The Program will consist of US$300 million to be equally
provided by GCF, AfDB and AFC, and will provide concessional debt alongside
local financial institutions for the construction of 3 – 5 sub-projects of the Program.
The intent is for debt to be provided alongside local financial institutions in order
to support an aggregate of sub-projects with total costs of up to US$467 million.
Each of the 14 IPP’s will be required to submit relevant documentation and those
that meet the selection criteria will be shortlisted. The Program is expected to
reduce or avoid 476,487t CO2 eq on an annual basis (9,529,739 t CO2 eq. over
the life of the Program), at least 1 million households in Northern Nigeria will be
direct or indirect beneficiaries, reduce the perceived risks of investing in the
Nigerian renewable energy sector and catalyse private sector investment in the
sector.
As part of the E&S safeguards documentation required to support the AfDB and
AFC application for GCF funding, an Environmental and Social Management
Framework (ESMF) is required for the program.
1.2 Rationale for the ESMF
The ESMF is a framework tool that will be used to guide the environmental and
social due diligence (ESDD) process on all sub-projects considered in the
Program. Specifically, the ESMF will be used in guiding the design and due
diligence process by ensuring that appropriate E&S management measures are
1 Solar Power projects in Nigeria with a signed Power Purchase Agreement (PPA) with the Federal Government of Nigeria and which are eligible to participate in the NSISP are referred to aa ‘sub-projects’.
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considered across the entire lifecycle of the individual sub-projects to be finished
under the Program.
The ESMF provides specific details on the following: (a) safeguards standards and
requirements that would be applied to sub-projects; (b) the process and
procedures for the conduct of the ESDD process for sub-projects; (c) capacity
building planning including budget and (d) other E & S requirements which may
be applicable to the sub-projects.
1.3 Objectives of ESMF
The objectives of this ESMF are:
• To establish clear procedures and methodologies for the E&S planning,
review, approval, and implementation of sub-projects to be financed
under the Program;
• To specify appropriate roles and responsibilities and outline the necessary
reporting procedures, for managing and monitoring E&S concerns related
to sub-projects;
• To provide practical resources for implementing the ESMF, including
general guidance on the development of E&S Management Plans (ESMPs)
and their implementation.
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2 PROGRAM DETAILS AND SUB-PROJECTS
2.1 Introduction
Investment in solar power stations allows African countries to take advantage of
a domestic, abundant and “green” energy source, and to enhance energy
generation capacity needed to fuel economic growth and social progress. There
is currently no utility scale solar IPP PV project in Nigeria. This Program is an
opportunity to spearhead the development of the first of such sub-projects, which
will have significant demonstration effect to the FGN and the energy and power
market in the country with the seventh most populated country in the world (190
million) according the to the world population review2.
The main objective of the Program is to provide long term financing to selected
sub-projects within the Program. The Program offers a financing package to
selected sub-projects meeting selection criteria. Funding from the Program will be
used to incentivize sponsors to optimize their financial structures and selection
criteria will incorporate a ranking that will benefit projects which require less
concessional funding as a percentage of project cost.
Under the Program, it is envisaged that GCF’s funding amount will be transferred
to the AFC as governed by the Facility Agreement. The ‘transfer’ of funds will be
structured as a loan between AFC and GCF, which AFC will subsequently on-lend3
to each of the selected projects. Thus, AFC will show as the lender of record for
GCF funds provided to each of the selected projects, albeit through a separate
tranche.
There are currently 14 solar IPP projects in Nigeria (Figure 2.1) with a proposed
total generation capacity of 1,175MW. Of these, a total of 13 have already
expressed interest to avail of financing from the Program. The proposed Program
resources of $467 million is expected to be able to finance from 3 to 5 of these
sub-projects. No other sub-projects outside the Program will be considered for
funding. This ESMF sets out the ESDD process and procedures that will guide the
management of E&S risks throughout the life cycle of selected projects.
3 As per the GCF E & S guidelines, the AFC in this transaction can be considered as a Financial Intermediary
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2.1.1 Typical Activities associated with solar power developments
Typical components 4 5 of solar power projects are presented below.
Photovoltaic system
• Photovoltaic cells.
• Ondulator (to turn DC into AC for compatibility with the grid).
• Transformer (to take the voltage from the ondulator and raise it to the
required grid transmission level).
• Meters.
Ancillary facilities
• Fencing and security gates/posts.
• Electric cables.
• Housing (mostly temporary, during construction) and temporary and
permanent storage facilities.
• Access roads and tracks.
2.2 Location of the 14 IPP Solar projects
In July 2016, the FGN signed PPAs for 14 solar power projects located in different
parts of the country, mostly in northern Nigeria with a proposed total generation
capacity of 1,175MW. The 14 projects are shown in Table 2.1 below.
Table 2.1. Summary of all the Solar IPP signed by the Federal Government of Nigeria
Project / Project Company State Capacity
(MW)
Land
requirements
Financial
Close
1 Pan Africa Solar Katsina 75 120ha NO
2 Nigerian Solar Capital Partners Bauchi 100 TBC NO
3 Afrinegia Power Limited Nasarawa 50 TBC NO
4 KVK Power Limited Sokoto 50 178.9ha NO
5 Middle Band Solar One Kogi 100 TBC NO
4 https://www.ifc.org/wps/wcm/connect/f05d3e00498e0841bb6fbbe54d141794/IFC+Solar+Report_Web+_08+05.pdf?MOD=AJPERES 5 https://www.afdb.org/fileadmin/uploads/afdb/Documents/Publications/SSS_-_IESIA_Volume_3_-_En.pdf
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6 Novia Scotia Power Development
Company
Jigawa 80 TBC NO
7 CT Cosmos Plateau 70 TBC NO
8 Oriental Renewable Solutions Jigawa 50 TBC NO
9 Quaint Abiba Power Kaduna 50 TBC NO
10 Anjeed Innova Group Kaduna 100 262.77ha NO
11 EN Africa Kaduna 50 150ha NO
12 Motir Dusable Limited Enugu 100 TBC NO
13 Nova Solar 5 Farm Limited Katsina 100 TBC NO
14 LR Aaron Power Abuja 100 N/A N/A
*Project No 14 (LR Aaron Power) is not currently being considered for inclusion under the
Program.
TBC . To be confirmed or information not yet available.
N/A. these are the projects within the 14 Solar IPP program which will not be considered for
funding under the AFC-GCF program.
The locations of the 14 projects including the States are represented in Figure 2.1
below.
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Figure 2.1. Location of the 14 Solar IPP Projects
2.3 Location of the 13 sub-projects (with submitted Expressions of
Interest) The locations of the 13 projects that have expressed interest to participate in the
Program is presented in Figure 2.2 below.
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Figure 2.2. Location of 13 sub-projects that have expressed interest in availing the Program
The location of these sub-projects is significant for a variety of reasons:
a. The bulk of them are situated in areas with high irradiance
b. Apart from the positive environmental benefit associated with solar, solar
energy is the most feasible way of generating power in Northern Nigeria. Most
of the main Northern cities are located over 1,000 km from the main thermal
power stations in the Southern part of the country.
c. Solar has the potential to provide power to the underserved load centers and
increase economic activity in Northern Nigeria.
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d. With its location in Northern Nigeria, the Program has a key role in increasing
generation capacity in power-starved areas and catalyzing economic
development where the power shortage is the most severe with limited
generation options.
e. The bulk of the 13 sub-projects being considered under the Program are in the
predominantly Derived Savannah and Guinea Savannah areas in Northern
Nigeria which has high climate vulnerability, food insecurity, extensive
deforestation, and with high dependency of the population on biomass
energy as well as inefficient technologies which further aggravate the
vulnerability of livelihoods to climate risk.
f. Over 50% of the 13 sub-projects being considered for funding under the
Program are in the 10 poorest states in Nigeria.
2.4 E&S Assessments related to Project Phases The 13 sub-projects are currently at various stages of project preparation. Hence,
it is highly likely that by the time each sub-project is admitted to the Program (and
is subjected to E&S due diligence), it may well be in the advanced stages of the
safeguard preparation process following the Nigerian requirements and
safeguards standards of some other funding agencies. Table 2.2 below outlines
the typical E&S risk management activities and requirements which these sub-
projects would ideally undergo.
Table 2.2. Typical solar power development project cycle
Project Phase Key Activities and Approaches to managing E & S impacts and risks
Site exploration/
Selection
The borrower/project proponent shall undertake: (i) Environmental and Social
Screening,
(ii) Preparation of Feasibility Study, and
(iii) Preparation of ESIA Terms of Reference.
Detailed
Engineering
Design
Design, detailed engineering and financial planning are done just before project
approval; at that stage, the borrower or client (or project proponent) should
prepare an ESIA on the basis of the Terms of Reference prepared during the
previous phase and integrate into the ESIA, the ff:
• Environmental and Social Management Plan (ESMP).
• Stakeholder Engagement Plan (SEP).
• Resettlement Action Plan (RAP) as appropriate.
It is also during this stage that the Project Sponsor undertakes: (i) a review and
approval of ESIA, ESMP, SEP and RAP by AFC; (ii) Signing of Loan Agreement and
covenants which may contain provisions for E&S safeguards.
Procurement and
Pre-Construction
At this stage, the borrower/project owner will procure construction and supply
contracts and undertake land acquisition and RAP implementation.
The borrower will submit a compliance report of the RAP implementation to the
AE. The AE will conduct monitoring and validation of the report at the project
site.
Construction Construction activities typically include:
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Project Phase Key Activities and Approaches to managing E & S impacts and risks
• Establishing temporary access to work and ancillary areas,
demarcating clearance zones, establishing access control.
• Clearance and levelling of the site.
• Location and development of borrow pits for construction materials;
import of materials, e.g. gravel, clay, bitumen.
• Sourcing and establishing of a water supply from surface and/or
groundwater.
• Improvement of existing drainage and creation of appropriate
drainage channels as required.
• Installation the solar devices (rows of photovoltaic panels in the simplest
design, concentration devices for the more sophisticated solar power
plants).
• Connecting the solar power production system to the grid.
• Landscaping, as required.
The borrower/project owner will implement the ESMP and monitors compliance
by contractors with the relevant construction standards and construction-
related measures in the ESMP. The borrower/project owner will submit
compliance report to the AE.
The AE will conduct periodic Review Mission to the project site to undertake,
among others: monitoring/audit of project’s ESMP performance and
compliance with relevant E&S standards and any E&S-related provisions of the
Loan Agreement or Covenant.
Operation and
Maintenance
During operation, the principal activities will relate to the maintenance and
repair of the photovoltaic cells, including cleaning of the solar ray receiving
surfaces, repair of any damage to panels (eg due to severe weather conditions).
The specific activities that contribute to direct and indirect impacts are detailed
in Chapter 6 (impacts) and the potential mitigation measures that could be
applied are detailed in Chapter 7 (mitigation measures) of the ESMF.
The borrower/project owner will undertake self-monitoring of compliance with
O&M-related E&S Management measures and standards and submit a report
the Project Sponsor.
The AE will undertake monitoring of compliance with O&M-related E&S measures
and remaining issues.
Decommissioning
(Closure)
At the end of the useful life of the solar plant, the plant itself and all ancillary
components and facilities should be decommissioned and rehabilitated in
accordance with a site-specific closure plan developed in consideration of
international good practice.
The closure process will include site clearance, removal of all equipment,
appropriate disposal of waste materials, soil ripping and re-grading, and
revegetation where necessary. Any access roads which are not public roads
should be returned to an appropriate alternative land use (e.g. farmland, or
natural vegetation cover).
The Project Owner will submit a Compliance Report which will be reviewed and
validated by the Project Sponsor (AFC)
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2.5 Criteria for identifying sub-projects The actual sub-projects to be funded will be selected from among the 13 that have expressed
interest in participating in the Program. The selection process will be undertaken in stages by AFC
using a number of criteria, including ES risk-related criteria. Table 2.3 below summarizes the
selection process.
Table 2.3. Approach to be used in selecting sub-projects for the AFC-GCF funding program.
Stage Description E&S Due Diligence
Stage 1:
Confirmation of
Interest,
November 2018
While consideration was given to all 14
utility scale sub-projects currently under
development, the AFC was aware that
the senior debt financing currently
under consideration by the AFC, AfDB
and GCF, might not be applicable or of
interest to all sub-projects. Thus, sub-
projects were required to provide letters
of interest.
The request for expression of interest
was submitted to all 14 IPP sub-projects
in November 2018.
None
Stage 2:
Information
Packs,
December
2018
Of the 14 IPP’s, 13 have submitted
letters confirming their interest in
participating in the Program. Of these
sub-projects, information requests have
been made, entailing the submission of
documentation covering 6 key areas,
which will also be the basis of sub-
project assessment and selection:
1. General Project Information
2. Environmental Impact
3. Social and Development Impact
4. Economic Potential
5. Project Readiness
6. Capacity and Expertise
E&S related information requested
could come in any form at this stage,
i.e. not necessarily in the form of ESIA,
etc.
Stage 3: KYC
Review
Sub-projects will be reviewed for any
KYC concerns and addressed with
respective sponsors
The E&S Screening Checklist (Annex
1A) will be applied to these sub-
projects using the information
submitted. Additional information
such as specific site, etc. may be
requested to complete the screening.
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Stage 4:
Ranking,
Selection and
Negotiation
Following a review of the information by
the AE and AfDB6, sub-projects will be
shortlisted and then ranked. The top c.5
sub-projects will be notified and term
sheets will be provided to begin
negotiations. It is important to note that
the AE will not be delegating any of its
responsibilities to AfDB, specifically with
regards to the ranking and selection
process.
Sub-projects that do not meet the E&S
eligibility criteria will not be shortlisted.
For sub-projects that meet the E&S
eligibility criteria, the results of the
screening will input into the overall
ranking of candidate sub-projects. For
example, projects that would entail
more assessments and social planning
could be given lower score.
Stage 5:
Financial Close
and
Implementation
Following the successful negotiations
between the AE, lenders and the
projects, all sub-project and financing
documents will be signed and once all
conditions precedents have been met,
financial close will be declared. Once
the first disbursement occurs, sub-
project implementation will begin and
the AE will be responsible for providing
the agreed monitoring and reporting
documents from the sub-projects to the
GCF.
Selected sub-projects will be required
to undertake and submit ESIA/ESMP
and other required safeguards
documents (e.g. RAP, SEP, Labor
Management Plan, etc) as per result
of the E&S screening. These
documents will be reviewed by the
AFC in accordance with this ESMF
and the attached RPF. While the sub-
projects are being reviewed, the main
Safeguards Instruments (i.e. ESIA and
RAP/LRP) shall be disclosed in
accordance with this ESMF.
The Loan Agreement should include
provisions for implementation of the
ESMP, RAP/LRP and other E&S related
plans by the borrower/project owner.
Depending on the results of the
review, additional specific E&S
conditionalities or covenants could
be included in the Loan Agreement.
The E&S screening and review of the sub-projects will be part of and will input into
the selection process, along with other technical and financial criteria. The
Program will generally target sub-projects with low E&S risks or Category B levels,
or those that have limited adverse E&S impacts that are few in number, location
specific and largely reversible or readily minimized. To ensure that no sub-projects
with high E&S risks are funded, the Program will adopt a number of E&S risk-related
eligibility criteria which will be implemented during the E&S Screening.
6 As is typical of project finance, all anchor lenders will be expected and required to obtain approval from their respective boards for the investment. In order to ensure an efficient process, AfDB will review the projects simultaneously with the AE in order to present the shortlisted projects for its own investment approval without any delays to the Program timelines.
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3 REGULATORY AND INSTITUTIONAL FRAMEWORK
3.1 Relevant Nigerian Policies, Legislations and Institutional Provisions
3.1.1 Nigerian Environmental and Social Safeguard Policies and Legal
Provisions
National Policy on the Environment (1988)
The National Policy on the Environment describes the conceptual framework and
strategies for achieving the overall goal of sustainable development in Nigeria.
Specifically, the goals of the Policy include to:
• Secure a quality of environment adequate for good health and human
well-being;
• Conserve and use the environment and natural resources sustainably for
the benefit of present and future generations;
• Restore, maintain and enhance ecosystems and ecological processes
essential for the functioning of the biosphere to preserve biological diversity
and the principle of optimum sustainable yield in the use of living natural
resources and ecosystems;
• Raise public awareness and promote understanding of the essential
linkages between the environment, resources and development, and
encourage individual and community participation in environmental
improvement efforts; and
• Co-operate with other countries, international organizations and agencies
to achieve optimal use of trans-boundary natural resources and effective
prevention or abatement of trans-boundary environmental degradation.
EIA Act Cap E12 LFN 2004
The Environmental Impact Assessment (EIA) Act No. 86 of 1992 as amended by
EIA Act Cap E12 LFN, 2004 is the principal legislative instrument relating to activities
that may likely or to a significant extent affect the environment. The Act sets the
goals and objectives of EIA and procedures including the minimum requirements
for the conduct of EIA of public or private projects. The Act makes EIA mandatory
for all major development projects likely to have adverse impacts on the
environment and gives specific powers to FMEnv to facilitate environmental
assessment of projects in Nigeria.
FMEnv categorizes mandatory study activities into three categories: Category 3
activities are considered to have beneficial impacts on the environment. For
Category 2 activities (unless within the Environmentally Sensitive Area) full EIA is
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not mandatory, while Category 1 activities require full and mandatory EIA.
Projects are pre-listed into these categories based on type and whether it would
involve physical intervention of the environment. Either the listing or the result of
an Initial Environmental Evaluation (IEE) is used to determine projects requiring full
EIA. Renewable energy projects, including solar power plants, are listed under
Category 1 which requires full EIA requiring panel review or category 2 requiring
partial EIA focusing on mitigation and environmental planning measures. The
categorisation largely depends on the IEE and where such a project is located
near an “Environmentally Sensitive Area” (ESA), the project is placed in Category
1.
National Environmental Protection (Pollution Abatement in Industries and
Facilities Generating Wastes) Regulations, 1991
The Regulations prohibit industry or facility from release of hazardous or toxic
substances into the air, water of Nigeria’s ecosystems beyond the permissible
limits of FEPA (now FMEnv). The Regulations further charge any industry or facility
to:
• Establish and maintain a pollution monitoring unit within their premises;
• Ensure on site pollution control; and
• Assign the responsibility for pollution control to a person or body accredited
by the FMEnv. Section 5 of the Regulations mandate industry or facility to
submit to the nearest office of FMEnv a list of chemicals used in the
manufacture of its products, details of stored chemicals and storage
conditions and where these chemicals were obtained, bought or sold.
National Environmental Protection (Management of Solid and Hazardous
Wastes) Regulations, 1991
These Regulations address handling and management of solid, radioactive and
(infectious) hazardous waste. They define the objectives of management of solid
and hazardous waste, the functions of appropriate Government agencies and
obligations of industries. The Regulations mandate all industries to inform FMEnv of
all toxic, hazardous and radioactive substances which they keep in their premises
and/or which they discharge during their production processes. Schedule 12 and
13 of the Regulations provide a comprehensive list of all waste deemed to be
hazardous and dangerous.
National Environmental (Sanitation and Wastes Control) Regulations, 2009
The Regulations provide the legal framework for the adoption of sustainable and
environment friendly practices in sanitation and control of solid wastes, hazardous
wastes and effluent discharges to minimize pollution. Part 3 of the Regulations
states that all owners or occupiers of premises shall provide waste receptacles for
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storage before collection by licensed waste managers. In addition, the
Regulations make it mandatory for facilities that generate waste, to reduce, re-
use, recycle and ensure safe disposal to minimize pollution. The Regulations also
spell out roles and responsibilities of State and Local Government Authorities.
National Environmental (Electrical/Electronic Sector) Regulations, 2011
The principal thrust of this Regulation is to prevent and minimize pollution from all
operations and ancillary activities of the Electrical/Electronic Sector. This
Regulation covers both new and used Electrical/Electronic Equipment (EEE/UEEE).
The principles of the Regulations are anchored on the 5Rs which are; Reduce,
Repair and Re-use, Recycle and Recover as the primary drivers of the sector.
National Environmental (Noise Standards and Control) Regulations, 2009
The purpose of these Regulations is to ensure maintenance of a healthy
environment for all people in Nigeria, the tranquillity of their surroundings and their
psychological wellbeing by regulating noise levels. The Regulations prescribe the
maximum permissible noise levels on a facility or activity to which a person may
be exposed and provide for the control of noise and for mitigating measures for
the reduction of noise.
National Environmental (Surface & Groundwater Quality Control)
Regulations 2011
The purpose of these Regulations is to restore, enhance and preserve the physical,
chemical and biological integrity of the nation’s surface waters and to maintain
existing water uses. The Regulations also seek to protect groundwater sources by
regulating the discharge of hazardous wastes, fossil fuels energy and any other
substances having the potential to contaminate groundwater. The Regulations
also include amongst others, the application and general provisions of water
quality standards for various uses such as agriculture, industrial, aquatic life and
recreation.
3.1.2 Land Use Act CAP L5 LFN 2004
The Land Use Act is the legal framework for land acquisition and resettlement in
Nigeria. The Act vests all land comprised in the territory of each State in the
Governor of that State and requires that such land shall be held in trust and
administered for the use and common benefit of all Nigerians. Specifically, the
Act stipulates that:
• All land in urban areas shall be under the control and management of the
Governor of each State; and
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• All other land, subject to this Act, shall be under the control and
management of the Local Government within the area of jurisdiction in
which the land is situated.
The Acts gives the government the right to acquire land by revoking both
statutory and customary rights of occupancy for the overriding public interest. In
doing so, the Act specifies that the State or Local Government should pay
compensation to the current holder or occupier with equal value.
3.1.3 Nigerian Energy Sector Policies and Legal Provisions
National Energy Policy, 2003
The National Energy Policy highlights strategies for systematic exploitation of the
energy resources, the development and effective use of energy manpower,
supply of rural energy needs, efficient energy technology development and use,
energy security, energy financing and private sector participation. The strategies
are harmonized and grouped into short, medium and long – term measures for
easier implementation.
Specifically, for solar energy, the policy emphasize that the nation shall
aggressively pursue the integration of solar energy into the nation’s energy mix
and shall keep abreast of worldwide developments in solar energy technology.
Some of the overarching objectives of the policy regarding solar energy are
summarized as follows:
• To develop the nation's capability in the utilization of solar energy;
• To use solar energy as a complementary energy resource in the rural and
urban areas;
• To develop the market for solar energy technologies; and
• To develop solar energy conversion technologies locally.
The strategies adopted in the policy to achieve the above objectives include
intensification of research and development in solar energy technology;
promotion of training and manpower development; provision of adequate
incentives to local manufacturers for the production of solar energy components
and equipment; provision of adequate incentives to suppliers of solar energy
products and services; Introducing measures to support the local solar energy
industry; Providing fiscal incentives for the installation of solar energy systems; and
Setting up and maintaining a comprehensive information system on available
solar energy resources and technologies.
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Electric Power Sector Reform Act 2005
This Act provides for the licensing and regulation of the generation, transmission,
distribution and supply of electricity in Nigeria. The Act establishes the NERC and
empowers it to license and regulate persons engaged in the generation,
transmission, system operation, distribution and trading of electricity. The Act
provides requirements for licensing and stipulates that no person shall construct,
own or operate an undertaking or in any way engage in the business of electricity
generation (excluding captive generation), electricity transmission, system
operation, electricity distribution or trading in electricity without a license except
for generating electricity not exceeding 1MW in aggregate at a site or distribution
of electricity with a capacity not exceeding 100 kilowatts (KW) aggregate at a
site.
The Act also makes special provisions for acquisition of land and access rights as
it relates to generation, transmission and distribution companies. The EPSR Act
affords rights holders and/or land occupiers to challenge the declaration by the
Commission. It states that any person or group of persons including the right
holders or occupiers affected by the decision of the Commission may apply to
the Commission for a review of the Commission’s decision (Sections 77(8), 50(1)
and 78(4), EPRS Act). The EPSR Act also affords the concerned aggrieved party
the opportunity of being heard publicly in accordance with Sections 36 and 44
(1) (b) of the 1999 Constitution, as amended. Moreover, an aggrieved party may
further appeal against the decision of the Commission to the Federal High Court
(Section 49, EPSR Act).
Energy Commission of Nigeria Act CAP 109 LFN 1990
The Act was promulgated to create the Energy Commission of Nigeria (ECN) with
responsibility for coordinating and general surveillance over the systematic
development of the various energy resources of Nigeria. Subject to this Act, the
ECN is charged with the responsibility for the strategic planning and co-ordination
of national policies in the field of energy in all its ramifications
Nigerian Electricity Supply and Installation Standards (NESIS) Regulations
2015
These Regulations provide guidance, license terms and conditions to any person
engaged in the generation, transmission, distribution, system operation, and
trading in electricity or in any aspect in the value chain of electricity supply,
including but not limited to engineering designs, installations, commissioning,
decommissioning and maintenance of electric power systems for the purpose of
achieving safe and reliable supply, and utilization of electricity in Nigeria.
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Acquisition of Land Access Rights for Electricity Projects Regulations, 2012
This is a Nigerian Electricity Regulatory Commission Act which provide a regulatory
framework for the acquisition of land and access rights for electricity projects in
Nigeria. This Act also stipulates provisions for the payment of compensation and
resettlement of persons affected by the acquisition of their land for the
establishment of electricity projects as well as the monitoring and evaluation of
project designs of licensees to ensure compliance with environmental standards.
The Regulations apply to the acquisition of land access rights for electricity in
Nigeria, including projects related to generation, transmission and distribution of
electricity.
Roadmap for Power Sector Reform of August, 2010
The Roadmap reviews and fine-tunes plans and strategies to finalize the drive to
complete power sector reform and sets the nation on a steady course to produce
clean and efficient electricity for her citizenry at competitive rates. The Roadmap
contained two core and fundamental objectives, which are;
• to transition the Nigerian Power Sector into a private-sector led market by
implementing the EPSRA 2005 transition (“The Reform Objective”) and
• to support and improve service delivery levels during this transition to the
Nigerian public (“The Service Delivery Objective”).
Renewable Energy and Efficiency Master Plan (REEMP), 2016
The REEMP is a policy being implemented by Nigeria's Federal Ministry of
Environment that aims to increase the contribution of Renewable Energy to
account for 10% of Nigerian total energy consumption by 2025. The initial
Renewable Energy Master Plan (REMP) was produced in 2006 but was recently
updated and approved in June 2016 as the Renewable Energy and Efficiency
Master Plan (REEMP). The REEMP articulates Nigeria’s vision and sets out a road
map for increasing the role of renewable energy in achieving sustainable
development. The policy primarily addresses Nigeria's need for increased
electricity supply, improved grid reliability and security.
The REMP is anchored on the mounting convergence of values, principles and
targets as embedded in the National Economic Empowerment and
Development Strategy (NEEDS), National Energy Policy, National Policy on
Integrated Rural Development, the Millennium Development Goals (MDGs)7 and
international conventions to reduce poverty and reverse global environmental
change. The REMP set the framework for Nigeria to be less dependent on
7 It should be noted that in September 2015, the Sustainable Development Goals (SDGs) replaced the Millennium Development Goals (MDGs). The 8 MDGs were absorbed in the 17 SDGs. Ref http://www.sdgfund.org/mdgs-sdgs [Accessed 03/12/2018]
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hydrocarbons and increases energy generation from the Sun, biomass
conversion, small hydro plants and wind as well as other conventional
technologies that will provide opportunities to empower people and communities
in meeting their energy and developmental needs.
3.1.4 Other applicable E & S laws and regulations in Nigeria
A summary of other relevant existing national laws and regulations is provided in
Table 3.1.
Table 3.1. Other relevant national environmental protection regulations
Regulations Summary of Provisions
Forestry Law CAP 51
LFN 1994
The Forestry Law prohibits any act that may lead to destruction of or cause
injury to any forest produce, forest growth or forestry property in Nigeria. The
law prescribes the administrative framework for the management, utilization
and protection of forestry resources in Nigeria.
Endanger Species
(Control of
International Trade
and Traffic) Act
CAP E9 LFN 2004
The Act provides for the conservation and management of Nigeria’s wild life
and prohibits the hunting, capture and trade of endangered species.
Harmful Wastes
(Special Criminal
Provisions etc.) Act
CAP HI LFN 2004
An Act to prohibit the carrying, depositing and dumping of harmful waste on
any land, territorial waters and matters relating thereto including penalty for
offences for individuals and corporate bodies. The Act prohibits all activities
relating to the purchase, importation, transit, transportation, deposit, storage
or, sale of harmful wastes.
National
Environmental
(Ozone Layer
Protection)
Regulations, 2009
These provisions seek to prohibit the import, manufacture, sale and the use
of ozone-depleting substances as well as materials that contain these
substances.
National
Environmental (Soil
Erosion and Flood
Control)
Regulations, 2011
The overall objective of these Regulations is to control erosion and flooding
by checking all earth-disturbing activities, practices or developments for
non-agricultural, commercial, industrial and residential purposes.
Factories Act (CAP
F1), 2004
The Act establishes a legal framework for the registration of factories and to
make adequate provisions regarding the safety of workers against
occupational hazards and to impose penalties for any breach of its
provisions. All workplaces are covered by this Act.
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Regulations Summary of Provisions
Employee
Compensation Act,
2010
The Act provides compensation to employees who suffer from occupational
diseases or sustain injuries arising from accidents at workplace or in the
course of employment. Payment of compensation (to the worker or to his
dependents in case of death) by the employer is rooted in the accepted
principle that the employer has a duty of care to protect the health, welfare
and safety of workers at work.
Nigerian Urban and
Regional Planning
Act CAP 138 LFN
2004
The Act is aimed at overseeing a realistic, purposeful planning of the country
to avoid overcrowding and poor environmental conditions. The Act
establishes that an application for land development would be rejected if
such development would harm the environment or constitute a nuisance to
the community.
Forestry Law CAP 51
LFN 1994
The Forestry Law prohibits any act that may lead to destruction of or cause
injury to any forest produce, forest growth or forestry property in Nigeria. The
law prescribes the administrative framework for the management, utilization
and protection of forestry resources in Nigeria.
EIA Procedural
Guidelines, 1995
Categories I, II & III
Procedural Guidelines for the conduct of EIA in Nigeria
Natural Resources
Conservation Act
CAP 268 LFN 1990
The Natural Resources Conservation Act CAP 268 LFN 1990 is the most direct
existing piece of legislation on natural resources conservation. The Act
establishes the Natural Resources Conservation Council, which is
empowered to address soil, water, forestry, fisheries and wildlife conservation
by formulating and implementing policies, programmes and projects on
conservation of the country’s natural resources.
3.1.5 The Gender Policy Framework in Nigeria
The 1999 Constitution the Federal Republic of Nigeria prohibits discrimination on
the basis of places of origin, sex, religion, status, ethnic or linguistic association.
Successive governments have always demonstrated commitment to upholding
this and to promote gender equality and women’s empowerment in varying
degrees. To facilitate gender equality and women’s empowerment, the FGN
created favorable national legal and policy frameworks and put in place
institutional mechanisms in this regard.
Moreover, Nigeria, as a member of the United Nations, signed and ratified the
various relevant international instruments, treaties and conventions without
reservation. These instruments have always emphasized that member nations put
in place the necessary mechanisms needed to eliminate gender discriminations,
ensure equality and human dignity to all men and women.
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The FGN in 2000 adopted a National Policy on Women, in 2006, it was reviewed
and upgraded to become the National Gender Policy. Other key government
policies with gender equality and empowerment of women frameworks include
the National Economic Empowerment and Development Strategies (NEEDS) in
May 2004; and the Transformation Agenda of the immediate past administration
who in developing the Vision 2020, had a ‘Special Interest Group on Women’ to
oversee –the development of policy statements that engender ‘sustainable
human and national development built on equitable contribution of the Nigerian
women, men and children’.
3.1.6 National Gender Policy, 2006
Nigeria put together the National Gender Policy in 2006. Its overall goal is to
promote the welfare and rights of Nigerian women and children in all aspects of
life: political, social and economic. The policy seeks to plan, coordinate,
implement, monitor and evaluate the development of women in the county. In
concrete terms, the National Gender Policy in Nigeria focus on:
• Contribution towards women’s empowerment and the eradication of
unequal gender power relations in the workplace and economy, in trade
unions and in broader society;
• Encouragement of the participation, support and co-operation of men in
taking shared responsibility for the elimination of sexism and redefining of
oppressive gender roles;
• Increase the participation of women in leadership and decision-making;
• Ensure that through labour legislation and collective bargaining, the
particular circumstances of women are considered and that measures are
promoted to eliminate discrimination on the basis of gender;
• Ensure that there is a gender perspective in all sectors of development.
3.2 Nigeria’s National Determined Contributions (NDC) on Climate
Change Nigeria is committed to reduce Greenhouse Gas Emissions by 20% unconditionally
and 45% with international support and has developed a Sectoral Action Plan
(SAP)8 for the implementation of the NDC in the following key priority sectors:
• Energy
8 http://climatechange.gov.ng/
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• Oil & Gas
• Agriculture & Land Use
• Power
• Transport
Figure 3.1. Breakdown of Nigeria’s NDC Targets
The IPP Solar sub-projects under this Program will contribute to the Nigerian off-
grid solar 13GW target.
Recognising the consequences and adverse impact of climate change on
Nigeria, the country joined the global community to adopt treaties meant to
tackle climate change. Nigeria became a Party to the UNFCCC in 1992 and
ratified the Convention in 1994, it also became a Party to the Kyoto Protocol in
2004. Nigeria ratified the Paris Agreement (PA) in March 2017, which was
approved by the UNFCCC on the 16 May 2017 and entered into force on 15 June
2017.
Due to the importance attached to the issues of climate change and global
warming, and in view of the enormity of activities required for the implementation
of the climate change treaties to which Nigeria is a Party, the FGN established the
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Department of Climate Change in the Federal Ministry of Environment to serve as
the vehicle for driving National Climate Action efforts and actions.
The Federal National Adaptation Strategy and Action Plan9 outlines provisions for
climate change adaptation in 13 key areas (i.e.: education, livelihood,
commerce and industry, biodiversity, health and sanitation, etc.) which also
includes provisions for state and local actions.
The Paris Agreement recognises the gender-related dimensions of climate
change by Parties to the UNFCCC, and Nigeria is a signatory of the PA, the ESMF
will further delve into gender/women and climate change mitigation and
adaptation for the 13 sub-projects.
As the Nigerian Minister of the Environment noted: “Women’s responsibilities in
households and communities, as stewards of natural and household resources,
position them well to contribute to livelihood strategies adapted to changing
environmental realities.”
Nigeria recognizes the need to address climatic change in a policy responsive
and strategic way. The country has a strategic goal of fostering a low-carbon,
high growth economic development path and building a climate resilient society.
This includes objectives related to climate change mitigation, adaptation,
climate science and technology, public awareness, private sector participation,
and strengthening national institutions and mechanisms.
As part of the implementation of the sub-projects within the program, specific
attention will be giving the mainstreaming of the NDC requirements and targets
into the sub-project design and implementation.
3.3 International Conventions and Agreements
Apart from the National Laws, Acts and Regulations, Nigeria is a signatory or party
to many International Environmental Conventions and Treaties and has
participated in many related conferences. A list of some of the relevant
International Environmental Conventions and Treaties ratified by the Government
of the Federal Republic of Nigeria are presented in
9 http://csdevnet.org/wp-content/uploads/NATIONAL-ADAPTATION-STRATEGY-AND-PLAN-OF-ACTION.pdf
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Table 3.2 below.
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Table 3.2. Selected international agreements and conventions to which Nigeria is a signatory
Regulations Year Adopted
1. United Nations Framework Convention on Climate Change (UNFCCC) 1992
2. Convention on Oil Pollution Preparedness, Response, and Co-operation 1990
3. Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal
1989
4. Montreal Protocol on Substance that Deplete the Ozone Layer 1987
5. Vienna Convention on the Ozone Layer 1985
6. Convention on Conservation of Migratory Species of Wild Animals 1979
7. Convention on the Protection of the World Cultural and Natural Heritage
(World Heritage Convention), Paris
1975
8. Convention to Regulate international trade in Endangered species of
Fauna and Flora (CITES)
1973
9. Convention on the Conservation of Migratory Species of Wild Animals
(CMS or Bonn Convention) (Signatory only)
1988
10. African Convention on the Conservation of Nature and Nature Resource 1968
11. World Bank Operational Directive 4.01: Environmental Assessment, which
classifies projects according to the nature and extent of their
environmental impacts.
1991
12. Gulf of Guinea Large Marine Ecosystem Project (GOG-LME) 1999
13. Convention on Biological Diversity (CBD) 1994
3.4 Nigerian Institutional Provisions and Arrangements
This section highlights the relevant institutions with the core mandate for
environmental protection and the power sector governance in Nigeria. The
section succinctly summarises their roles and responsibilities as applicable to the
implementation of sub-projects within the Program.
3.4.1 Federal Ministry of Environment
The Federal Ministry of Environment (FMEnv) which was formerly known as the
Federal Environmental Protection Agency (FEPA) was established in 1999 through
Decree No. 58 of 1988 as amended by Decree No. 59 of 1992. The Ministry is the
statutory government institution mandated to coordinate environmental
protection and natural resources conservation for sustainable development in
Nigeria. Some of the other mandates of the Ministry include:
• Advising the Federal Government on national environmental policies and
priorities, conservation of natural resources, sustainable development as
well as scientific and technological activities affecting the environment
and natural resources; and
• Prescribing standards and formulating regulations on water quality, effluent
limitations, air quality, atmospheric protection, ozone protection, noise
control as well as the removal and control of hazardous substances.
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National Environmental Standards and Regulations Enforcement Agency
(NESREA)
The National Environmental Standards and Regulations Enforcement Agency
(NESREA) was established by the NESREA Act of 30th July 2007 as an Agency of
the FMEnv. NESREA is charged with the responsibility of enforcing all
environmental laws, guidelines, policies, standards and regulations in Nigeria. It
also has the responsibility to enforce compliance with provisions of international
agreements, protocols, conventions and treaties on the environment to which
Nigeria is a party.
3.4.2 Federal Ministry of Power Works and Housing
The Federal Ministry of Power, Works and Housing (FMPWH) has the overall
responsibility for the provision of power in the country by implementing
generation, transmission and distribution projects in the sector and facilitating the
emergence of a private sector led competitive and efficient electric power
industry. The Ministry is guided by the provisions of the National Electric Power
Policy (NEPP) of 2001, the Electric Power Sector Reform (EPSR) Act of 2005, and
the Roadmap for Power Sector Reform of August 2010.
The Ministry has four (5) parastatals relevant to the implementation of sub-
projects:
i. Energy Commission of Nigeria (ECN),
ii. Nigerian Electricity Regulatory Commission (NERC),
iii. Transmission Company of Nigeria (TCN) and
iv. The Rural Electrification Agency (REA).
v. Nigerian Bulk Electricity Trading Plc (NBET)
Nigerian Electricity Regulatory Commission (NERC)
NERC is an independent regulatory body, established by the EPSR of 2005 to
undertake technical and economic regulation of the Nigerian electricity supply
industry. Essentially, NERC is set up to, license operators, determine operating
codes and standards, establish customer rights and obligations and set cost
reflective industry tariffs. NERC is responsible for the review of electricity tariffs,
subsidy policies, promotion of efficient and environmentally friendly electricity
generation and enforcing standards for electricity creation and use in Nigeria.
NERC is largely responsible for regulating tariffs of power generating companies.
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Transmission Company of Nigeria (TCN)
The Transmission Company of Nigeria (TCN) emerged from the defunct National
Electric Power Authority (NEPA) as a product of the merger of the Transmission
and Operations sectors and was incorporated in November 2005. TCN licensed
activities include: electricity transmission, system operation and electricity trading
which is ring fenced. The sub-projects will entail Grid Connection Agreement with
TCN.
Nigerian Bulk Electricity Trading Plc (NBET)
The Nigerian Bulk Electricity Trading Plc, (NBET) (otherwise known as the Bulk
Trader) was incorporated on July 29, 2010 as the Special Purpose Vehicle (SPV) to
carry out the bulk purchase and resale of electric power and ancillary services
from Independent Power Producers (IPP) and from the successor generation
companies". NBET purchases electricity from the generating companies through
Power Purchase Agreements (PPAs) and sells to the distribution companies
(DisCos) and eligible customers through Vesting Contracts.
Energy Commission of Nigeria (ECN)
Energy Commission of Nigeria was created and saddled with the responsibility for
coordinating and general surveillance over the systematic development of the
various energy resources of Nigeria. The Commission is also charged with the
responsibility for the strategic planning and co-ordination of national policies in
the field of energy in all its ramifications
Rural Electrification Agency
The Rural Electrification Agency was set up by Section 88 of the Electric Power
Sector Reform Act 2005 as the Implementing Agency of the FGN tasked with
electrification of rural and unserved communities. The mission is to provide access
to reliable electric power supply for rural dwellers irrespective of where they live
and what they do, in a way that would allow for reasonable return on investment
through appropriate tariff that is economically responsive and supportive of the
average rural customer.
3.5 International Policies, Standards and Institutions
This section describes international development institutions and their applicable
E&S sustainability standards relevant to this ESMF and the implementation of sub-
projects.
3.5.1 Green Climate Fund (GCF)
The Green Climate Fund (GCF) established its overarching E&S Policy in 2018
which articulates how GCF integrates E&S considerations into its decision-making
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and operations to effectively manage E&S risks and impacts and improve
outcomes. The Policy reflects the commitment of GFC to effectively and
equitably manage E&SE&S risks and impacts and ensure overall sustainability of
all GCF-financed activities. Broadly, the policy applies to all GCF-financed
activities of both public and private sector entities. The activities supported by
GCF may include programmes and sub-projects.
Through this policy, GCF will require that all GCF-supported activities will commit
to:
i. Avoid, and where avoidance is impossible, mitigate adverse impacts to
people and the environment;
ii. Enhance equitable access to development benefits; and
iii. Give due consideration to vulnerable and marginalised populations,
groups, and individuals, local communities, indigenous peoples, and other
marginalized groups of people and individuals that are affected or
potentially affected by GCF-financed activities.
The General requirements for E&S risk management of the GCF are described
below.
Accreditation
In order to ensure that the E&S standards of the GCF are met, GCF seeks to
accredit all its entities and task them to deliver upon the objectives of GCF
through the supported activities. All entities seeking accreditation must have in
place Environmental and Social Management Systems (ESMS) that specify their
capacities, standards and processes for screening, identifying, assessing,
managing, and monitoring the potential E&S risks and impacts pursuant to the
Environmental and Social Standards (ESS) standards of GCF.
Screening and risk categories
The GCF, in line with its ESS standards, requires accredited entities (implementing
entity or an intermediary entity) to screen activities that include programmes,
projects and sub-project, and following the result of the screening, to assign
appropriate risk categories consistent with their ESMS and the GCF ESS.
The screening categories are as set out in
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Table 3.3.
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Table 3.3. GCF Project Screening Categories
GCF Project
Category Description
Category A
Activities with potential significant adverse environmental and/or social risks
and impacts that, individually or cumulatively, are diverse, irreversible, or
unprecedented
Category B
Activities with potential limited adverse environmental and/or social risks and
impacts that individually or cumulatively, are few, generally site-specific,
largely reversible, and readily addressed through mitigation measures
Category C Activities with minimal or no adverse environmental and/or social risks and/or
impacts.
High level of
intermediation, I1*
When a financial intermediary’s existing or proposed portfolio includes, or is
expected to include, financial exposure to activities with potential significant
adverse E&S risks and impacts that, individually or cumulatively, are diverse,
irreversible, or unprecedented
Medium level of
intermediation, I2*
When an intermediary’s existing or proposed portfolio includes, or is expected
to include, substantial financial exposure to activities with potential limited
adverse environmental or social risks and impacts that are few, generally site-
specific, largely reversible, and readily addressed through mitigation
measures; and includes no activities with potential significant adverse E&S
risks and impacts that, individually or cumulatively, are diverse, irreversible, or
unprecedented
Low level of
intermediation, I3*
When an intermediary’s existing or proposed portfolio includes financial
exposure to activities that predominantly have minimal or negligible adverse
E&S impacts.
*Applicable when considering projects associated with financial intermediaries. Note that the
Nigerian Solar IPP program is not expected to include financial intermediaries. However, in the loan
agreement between the GCF and AFC, the AFC will be considered a financial intermediary. The
ESMF as detailed in this document will be applied to all selected sub-projects identified for funding.
Environmental and Social Due Diligence under GCF
GCF will conduct its E&S due diligence as part of its assessment of activities
proposed for funding consideration. The purpose of GCF due diligence is to
understand and evaluate how the E&S, including transboundary, risks and
impacts are screened, assessed and planned to be mitigated and managed by
the accredited entities. The due diligence of GCF will verify consistency of the
assessments and proposed management measures by the accredited entities
with the ESS standards and this policy and recommend to the Board for GCF
financing only those proposed activities that meets the requirements for
managing E&S risks and impacts, pursuant to the ESS standards and this policy.
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Environmental and social assessment
GCF will require the accredited entities to undertake assessment of E&S, including
transboundary risks and impacts to ensure that the activities proposed for GCF
financing meet their E&S safeguards pursuant to the ESS standards of GCF and
this policy. If the accredited entities are acting in an intermediary function, GCF
will require the accredited entity to undertake all necessary measures to ensure
that the executing entities fulfil the activity-level assessment requirements
described in this section for each component sub-project and will conduct the
necessary due diligence and oversight to ensure that these requirements are
fulfilled.
Environmental and social management plan (ESMP)
GCF requires and ensures that the accredited entities develop ESMP that contain
the measures to manage and mitigate the identified risks and impacts, pursuant
to the ESS standards of the GCF and policy. If an accredited entity is acting in an
intermediary function, the GCF will require the accredited entity to take all
necessary measures to ensure that the executing entities fulfil the activity-level
ESMP requirements discussed in this section, and the accredited entity will
conduct the necessary due diligence and oversight to ensure that these
requirements are fulfilled.
Operational changes
GCF requires the accredited entities to notify GCF when there are major changes
in the activity design and execution, policy, and regulatory setting, receiving
environment and community, unanticipated environmental risks and impacts, or
other circumstances that raise or potentially raise the E&S risk category of GCF-
financed activities.
GCF also requires and ensures that the accredited entities undertake due
diligence appropriate to the new E&S risk category of the activities and revise the
ESMP to meet the requirements of their E&S safeguards, in a manner consistent
with the ESS standards of GCF.
Monitoring and reporting
GCF will carry out monitoring and reporting functions related to the E&S
performance of the accredited entities and the supported activities as required
in the GCF monitoring and accountability framework. The monitoring will be a
continuous process that allows disclosure pursuant to the monitoring and
accountability framework and the Information Disclosure policy. The extent of
monitoring will be based on the type and level of risks identified, including E&S
risks.
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3.5.2 Africa Finance Corporation (AFC)
AFC’s core mission is to address Africa’s infrastructure development needs while
seeking a competitive return on capital for shareholders. Through the provision of
project development expertise and risk capital, AFC is helping to fill Africa’s
critical infrastructure void and ensuring that the positive economic growth
momentum the region is currently experiencing is maintained and accelerated.
AFC offers a unique value proposition as an Africa-focused multilateral financial
institution covering three complementary service areas: project development,
financial advisory and principal investing.
AFC’s Environmental and Social Risk Management Policy
AFC has an approved Environmental and Social Risk Management Policy to
ensure that it carries out its lending, investment and advisory services to its clients
and counterparties in a manner that is environmentally sound and ensures
sustainable development. The E&S Risk Management Policy is based on Good
International Industry Practice reference frameworks, including the IFC
Performance Standards on Environmental and Social Sustainability and the World
Bank Environmental, Health and Safety Guidelines.
If impact on the environment is unavoidable, or the successful conclusion of
projects will affect local communities through displacement or other significant
impacts, AFC will ensure that such impact is reduced, mitigated or that
appropriate compensation is provided. Through its Environmental and Social Risk
Management Policy, AFC is committed to ensuring that the cost of economic
development do not fall disproportionately on those least able to bear those
costs, that the environment is not degraded in the process and that natural
resources are managed efficiently and in a sustainable manner.
AFC believes that regular engagement with local communities about matters
that directly affect them plays an important role in avoiding or reducing harm to
people and the environment. Thus, AFC is committed to ensuring through its E&S
assessment and monitoring process that the projects it develops, or the
investments that it makes are:
i. Socially and environmentally sustainable
ii. Respectful of the right of affected communities
iii. Structured and operating in compliance with the relevant regulatory
requirements and with the best international practice.
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International Finance Corporation E&S Standards
The IFC Performance Standards (PS) on Environmental and Social Sustainability
describes IFC’s commitments, roles and responsibilities related to environment
and social sustainability. The performance standards are directed towards clients,
providing guidance on how to identify risks and impacts and are designed to help
avoid, mitigate and manage risks and impacts as a way of doing business in a
sustainable way including stakeholder engagement and disclosure obligations of
the client in relation to project level activities. IFC requires its clients to apply the
Performance Standards to manage E&S risks and impacts so that development
opportunities are enhanced.
IFC sets out eight (8) Performance Standards required by project proponents to
meet throughout the life of an investment by IFC as set out below.
• Performance Standard (PS) 1: Assessment and Management of
Environmental and Social Risks and Impacts;
• Performance Standard (PS) 2: Labour and Working Conditions;
• Performance Standard (PS) 3: Resource Efficiency and Pollution Prevention;
• Performance Standard (PS) 4: Community Health, Safety and Security;
• Performance Standard (PS) 5: Land Acquisition and Involuntary
Resettlement; and
• Performance Standard (PS) 6: Biodiversity Conservation and Sustainable
Management of Living Natural Resources.
• Performance Standard (PS) 7: Indigenous People
• Performance Standard (PS) 8: Cultural Heritage
Some performance standards may be triggered on the sub-projects and the
appropriate level of E & S assessments will need to be undertaken. The Program
will adopt a combination of Nigerian E&S regulations, the IFC performance
Standards (which both GCF and AFC subscribe to) and the Integrated Safeguard
Systems of the AfDB to manage E&S issues relating to the Program.
AFC’s Project Categorization
E&S risk categories are allocated by imputing project details into an automated
categorization tool which assigns an E & S Category according to the project’s
potential E & S risks and impacts and also indicates the applicable E & S
requirements to follow.
The E & S project categories considered by the AFC are set out in
Table 3.4.
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Table 3.4. AFC Project Categorisation
Project Category Definition
Category A (high
risk)
Projects with significant adverse E&S impacts that are diverse, irrevocable, or
unprecedented. These impacts cannot be mitigated or remedied or can only
be so at significant cost.
Category B
(medium risk)
Projects with limited potential adverse E&S impacts that are site specific
and may be readily addressed through mitigation measures.
Category C
(Low risk) Projects with minimal or no adverse E&S risks or impacts.
AFC ESDD process
AFC’s ESDD process is premised on the categorization allocated to each project.
Depending on the complexity and the E&S Category of the project, the ESDD can
be a desk review, can include site visit or require a full-scale review conducted
by a technically qualified person or E&S consultant
The ESDD process for each project category type is presented in Table 3.5.
Table 3.5. AFC ESDD process
Project
Category ESDD approach
Category
A
For Category A projects, assistance of an external expert is mandatory. The most
important element of the ESDD is to determine the gaps between the current E&S
performance and the benchmark performance/reference standards (IFC
Performance Standards, World Bank EHS Sector Guidelines and the AFC’s E&S
requirements). The gap analysis with regard to these requirements is considered crucial
to ensure that the client is managing E&S risks in accordance with local or
internationally recognized E&S risk management standards and laws (whichever is
more stringent). The gap analysis must be provided by a qualified external expert. It
must lead to the formulation of a reasonable action plan, which describes all the
actions necessary to achieve AFC’s E&S requirements in a given time frame after
factoring in the criticality of the E&S risks.
The ESDD for Category A projects involves the following steps:
• Requiring the client to fill in AFC’s E&S Questionnaire;
• Handing over to the client the relevant, sector-specific Sector Guidelines
• Requiring the client to prepare a gap analysis between client’s performance and
the performance defined in the IFC Performance Standards and World Bank EHS
Sector Guidelines with the help of an external expert;
• Collecting and studying original ESIA documents or other relevant documents;
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• Carrying out research on potential risks/non-governmental organizations’ (“NGO”)
interest;
• Site visit by an external E&S consultant; and
• Preparing a CESAP if the AFC’s E&S requirements are not met (based on the gap
analysis’s findings).
Category
B
For Category B projects, the AFC E&S Due Diligence Questionnaire and E&S sector-
specific Questionnaire is used to assess the E&S impacts and risks. If any red flag issues
become apparent, further investigations are initiated and external consultants’
involvement may be necessary. If considered necessary by the E&S Risk Officer or
external consultant, a Client E&S Action Plan (CESAP) and mitigatory activities, leading
the client to eventual compliance with AFC’s E&S requirements must be developed.
The ESDD for Category B projects involves the following steps:
▪ Requiring the client to fill in AFC’s E&S Due Diligence Questionnaire and the E&S
sector-specific Questionnaire;
▪ Collecting and studying original Environmental and Social Impact Assessment
(“ESIA”) documents or other relevant documents (audit reports, etc.)
▪ Carrying out research on potential risks / potential NGO interest;
▪ Optionally - visit the site;
▪ Optionally - preparing a CESAP if the AFC’s E&S requirements for Category B
projects are not met; and
▪ Optionally - assistance of an external expert.
Based on the ESDD, the ESRO will prepare an Environmental and Social Review
Summary report (“ESRS”), containing the various mitigation measures.
Category
C
For Category C projects, no extensive ESDD is necessary. Compliance with E&S laws is
checked, and a reputational risk screening is conducted.
AFC Gender Policy
AFC has a Gender Policy, which seeks to integrate gender considerations in its
investment activities. AFC’s approach and commitment to its gender policy as it
relates to its investment activities, implies that AFC will:
i. work towards conducting gender analysis to ensure that gender issues are
addressed as part of its investment process;
ii. encourage investment entities to educate their supply chain in managing
gender equity in accordance with global best practice;
iii. integrate gender equity assessment into the AFC Investment process;
iv. not establish business relationships with organizations that condone,
support or otherwise participate in trafficking, including labor or sexual
sexploitation;
v. include sex disaggregated data in E&S action plans.
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3.5.3 The African Development Bank (AfDB)
Integrated Safeguards System (ISS)
The E&S safeguards of the AfDB are a cornerstone of the Bank’s support for
inclusive economic growth and environmental sustainability in Africa. AfDB will
apply the Integrated Safeguards System for all projects considered under the
Program’s framework.
The Bank ISS is designed to promote the sustainability of project outcomes by
protecting the environment and people from the potentially adverse impacts of
projects. This requires that all the projects will comply with these safeguards
requirements of the ISS during project preparation and implementation. The
safeguards aim to:
• Avoid adverse impacts of projects on the environment and affected
people, while maximising potential development benefits to the extent
possible;
• Minimise, mitigate, and/ or compensate for adverse impacts on the
environment and affected people when avoidance is not possible; and
• Help borrowers/clients to strengthen their safeguard systems and develop
the capacity to manage E&S risks.
The ISS consists of four interrelated components as summarized in Figure 3.2 below.
Figure 3.2. Structure of the AfDB ISS
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The Integrated Safeguards Policy Statement
Describes common objectives of the Bank’s safeguards and lays out policy
principles. It is designed to be applied to current and future lending modalities,
and it takes into account the various capacities and needs of regional member
countries in both the public and private sectors.
The Integrated Safeguards comprises of Policy Statement that sets out the basic
tenets that guide and underpin the Bank’s approach to environmental
safeguards. The Bank’s Integrated Safeguards Policy Statement sets out the
Bank’s own commitments to and responsibilities for delivering the ISS: to
i. ensure the systematic assessment of E&S impacts and risks;
ii. apply the Operational Safeguards to the entire portfolio of Bank
operations;
iii. support clients and countries with technical guidance and practical
support in meeting the requirements;
iv. implement an adaptive and proportionate approach to E&S
management measures to be agreed with clients as a condition of
project financing;
v. ensure that clients engage in meaningful consultations with affected
groups; and
vi. respect and promote the protection of vulnerable groups, in a
manner appropriate to the African context
Operational Safeguards (OSs)
These are a set of five safeguard requirements that Bank clients are expected to
meet when addressing social and environmental impacts and risks. Bank staff use
due diligence, review, and supervision to ensure that, clients comply with these
requirements during project preparation and implementation. Over time the Bank
may adopt additional safeguard requirements or update existing requirements to
enhance effectiveness, respond to changing needs, and reflect evolving best
practices.
The OSs are intended to:
• Better integrate considerations of E&S impacts into Bank operations to
promote sustainability and long-term development in Africa;
• Prevent projects from adversely affecting the environment and local
communities or, where prevention is not possible, minimise, mitigate and/or
compensate for adverse effects and maximise development benefits;
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• Systematically consider the impact of climate change on the sustainability
of investment projects and the contribution of projects to global
greenhouse gas emissions;
• Delineate the roles and responsibilities of the Bank and its borrowers or
clients in implementing projects, achieving sustainable outcomes, and
promoting local participation; and
• Assist regional member countries and borrowers/clients in strengthening
their own safeguards systems and their capacity to manage E&S risks.
The five operational safeguards of the AfDB are presented in
Table 3.6.
Table 3.6. AfDB Operational Safeguards OS1-5
Operational Safeguard Description
OS 1: Environmental
and social assessment
This overarching safeguard governs the process of determining a project’s
environmental and social category and the resulting environmental and
social assessment requirements
OS 2: Involuntary
Resettlement: Land
Acquisition, Population
Displacement and
Compensation
This safeguard consolidates the policy commitments and requirements set
out in the Bank’s policy on involuntary resettlement and incorporates a few
refinements designed to improve the operational effectiveness of those
requirements
OS 3: Biodiversity and
Ecosystem Services
This safeguard aims to conserve biological diversity and promote the
sustainable use of natural resources. It also translates the commitments in
the Bank’s policy on integrated water resources management into
operational requirements.
OS 4: Pollution
Prevention and
Control, Greenhouse
Gases, Hazardous
Materials and
Resource Efficiency
This safeguard covers the range of key impacts of pollution, waste, and
hazardous materials for which there are agreed international conventions,
as well as comprehensive industry-specific and regional standards,
including greenhouse gas accounting, that other multilateral
development banks follow.
OS 5: Labour
Conditions, Health and
Safety
This safeguard establishes the Bank’s requirements for its borrowers or
clients concerning workers’ conditions, rights and protection from abuse or
exploitation. It also ensures greater harmonisation with most other
multilateral development banks.
Environmental and Social Assessment Procedures (ESAPs)
The Bank’s ESAPs details the specific procedures that the Bank and its borrowers
or clients should follow to ensure that Bank operations meet the requirements of
the operational safeguards (OSs) at each stage of the Bank’s project cycle.
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Its adoption and implementation enhance the E&S performance of the Bank’s
operations and improve project outcomes. The ESAPs will help to improve
decision-making and project results by ensuring that Bank-financed operations
conform to the requirements laid out in the operational safeguards (OS) and are
thus sustainable. The ESAP describes how the Bank and its borrowers should work
together to ensure that environmental, climate change and social considerations
are integrated into the project cycle from country programming to post
completion. It represents a coordination mechanism between the Bank, relevant
government agencies and private sector entities and plays an important role in
building the environmental, social and climate change management capacity
of the project’s executing agency. The Environmental and Social Assessment
procedures apply during the entire project cycle, with differentiated tasks to be
performed, roles and responsibilities for the Bank and its borrowers and clients.
Also, the Bank has an integrated system which will be used to ensure its E & S
requirements are incorporated effectively into the whole programme cycle, i.e.,
Integrated Safeguards Tracking System (ISTS). The ISTS constitutes an integral part
of the ESAP.
A summary of the key requirements of the ESAP during each project stage is
presented in
Table 3.7 below10.
Table 3.7. Summary of the AfDB Project Cycle and E & S requirements
AfDB Project
Cycle Details
Country
Programming
Phase
• During country programming, the key task is to develop and update
baseline data on RMCs’ E&S components, policies, programs, and
capacities to better integrate E&S dimensions into lending priorities.
• These are the responsibilities of the Bank’s Sector Departments and
Regional Departments.
Project
Identification
Phase
• At the project identification phase, the screening exercise focuses on the
E&S dimensions of a project to categorize it in one out of four categories
based on the potential adverse E&S impacts of the project.
• These tasks will be carried out by the Bank in collaboration with the clients.
10More details can be found at this link:
https://www.afdb.org/fileadmin/uploads/afdb/Documents/Publications/SSS_%E2%80%93vol1_%E2%80%93_Issue4_-_EN_-
_Environmental_and_Social_Assessment_Procedures__ESAP_.pdf
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AfDB Project
Cycle Details
Project
Preparation
Phase
• During project preparation, the scoping exercise helps to define the
scope of the Environmental and Social Assessments (ESA) to be
completed by the Borrower based on the project category, with the
assistance of staff from the operational departments.
• The preparation of these assessments including the development of
management plans and systems requires consultations with primary and
secondary stakeholders.
• Once ESAs are finalized, the review process allows operational
departments to ensure that Bank’s vision, policies, and guidelines were
adequately taken into account in project design and implementation.
• The clients/borrower will be in charge of the preparation of the required
studies and plans while the Bank will be responsible for reviewing and
validating the studies and plans.
Project
Appraisal
Phase
• During the appraisal phase, ESIA Summaries shall be reviewed and
cleared by the Safeguards and Compliance Department (SNSC).
• The procedures require the public disclosure of summaries in accordance
with specified deadlines.
o All Category 1 operations shall be disclosed for 60 days before
Board deliberations. This is specific to the Nigeria Solar IPP SPV
entities only, because other Category 1 projects (public sector)
require a 120-day disclosure period
o All category 2 operations shall be disclosed for 30 days before
Board deliberations.
• The Bank will be responsible for conducting site visits and verification
activities with respect to the studies, plans, and systems developed by the
borrowers.
Project
Implementation
Phase
• At the project implementation phase, the Borrowers shall ensure the
implementation of E&S management plans developed to address
adverse impacts, while monitoring the project impacts and results.
• The Bank’s operational staff shall supervise the Borrowers’ work and verify
compliance through supervision missions and/or E&S audits, whenever
necessary.
• Audits are undertaken during the completion phase, and post evaluations
shall also aim to assess the E&S sustainability of the results.
Integrated Environmental and Social Impact Assessment (IESIA) Guidance
Notes
The IESIA Guidance Notes provide technical guidance to the Bank’s borrowers or
clients on standards on sector issues or on methodological approaches clients or
borrowers are expected to adopt to meet OS standards. The Integrated
Environmental and Social Impact Assessment (IESIA) Guidance notes provide a
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systematic process for addressing sub-projects’ E&S impacts with a clear
understanding of the specific sector characteristics.
The IESIA Guidelines’ major objective is to provide reference material to the staff
of the Bank and RMCs on how to adequately consider crosscutting themes while
assessing the E&S impacts of a sub-project. Moreover, the IESIA Guidelines can
greatly assist in the project design, as many potential adverse impacts can be
avoided or mitigated by modifying or adding certain project components to the
initial design. As well, improvements in the project design can enhance several
beneficial impacts at a minimal cost. Therefore, the IESIA Guidelines provide
guidance on how to adequately consider the Bank’s priority crosscutting themes
in both the preparation and assessment phases. Thus, the staff of the Bank and
RMCs should refer to the IESIA Guidelines from the beginning of the project cycle
to the end.
The IESIA Guidance notes complement the guidance and formats provided in
ESAP and provide guidance to RMCs when undertaking E&S Assessments for
Bank-financed projects/programs. It will also be used by the Bank’s Operational
staff in reviewing and clearing these studies and in project supervision. The
provision of high-quality technical guidance is key to ensuring effective
compliance, capacity and ownership of the ISS for Bank staff and borrowers alike.
The IESIA Guidance Notes are presented in three standalone volumes that
provide guidance in the three essential components of:
i. the Environmental and Social Assessment process,
ii. specific topics and operational safeguard requirements, and
iii. technical guidance on key sectors and subsectors that have been
proposed by operational departments as areas where guidance is
needed.
AfDB Project Categorisation Process
The ESAP also includes procedural requirements such as the categorization of
projects, disclosure and monitoring of projects during implementation and
operation. All projects under the Nigerian Solar IPP program will be categorized
and structured to meet AfDB ISS requirements. These are further outlined below.
In accordance to AfDB ISS, each sub-project will undergo E&S appraisal in order
to determine whether the project can be financed as well as ensuring that the
E&S considerations are incorporated effectively in the planning, implementation,
and operation of the sub-projects. Each sub-project under the AFC-AfDB-GCF
program will undergo initial E&S screening and be categorized accordingly at the
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initial stage of the project cycle, to determine the nature and level of E&S
investigations, information disclosure and stakeholder engagement required. The
categorization shall be done according to the guidance stipulated in the AfDB
ESAPs.
A summary of the AfDB’s project categorization process (detailed in the ESAP) is
set out in Table 3.8.
Table 3.8. AfDB Project Categorization process
AfDB Project
Category Description
Category 1
• Projects likely to cause significant E&S impacts.
• Category 1 projects are likely to induce significant and/or irreversible
adverse environmental and/or social impacts, or to significantly affect
environmental or social components that the Bank or the borrowing
country considers sensitive.
Category 2
• Projects likely to cause less adverse E&S impacts than Category 1.
• Category 2 projects are likely to have detrimental site-specific
environmental and/or social impacts that are less adverse than those of
Category 1 projects.
• Likely impacts are few in number, site-specific, largely reversible, and
readily minimized by applying appropriate management and mitigation
measures or incorporating internationally recognized design criteria and
standards.
Category 3
• Projects with negligible adverse E&S risks
• Category 3 projects do not directly or indirectly affect the environment
adversely and are unlikely to induce adverse social impacts. They do not
require an E&S assessment.
• Beyond categorization, no action is required.
• Nonetheless, to design a Category 3 project properly, it may be necessary
to carry out gender analyses, institutional analyses, or other studies on
specific, critical social considerations to anticipate and manage
unintended impacts on the affected communities.
Category FI
• Projects involving lending to financial intermediaries (FI).
• Category FI projects involve lending to financial intermediaries that on-
lend or invest in sub-projects that may produce adverse E&S impacts.
• FIs include banks, insurance, reinsurance and leasing companies,
microfinance providers, private equity funds and investment funds that
use the Bank’s funds to lend or provide equity finance to their clients.
Subcategory
FI-A
• The financial intermediary’s portfolio is considered high risk, and it may
include sub-projects that have potentially significant adverse
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AfDB Project
Category Description
environmental, climate change, or social impacts and that are equivalent
to Category 1 projects.
Subcategory
FI-B
• The financial intermediary’s portfolio is deemed to be medium risk, and
may include sub-projects that have potential limited adverse
environmental, climate change, or social impacts and that are equivalent
to Category 2 projects
Subcategory
FI-C
• The financial intermediary’s portfolio is considered low risk and includes
sub-projects that have minimal or no adverse environmental or social
impacts and that are equivalent.
The sub-projects will then be subjected to an appropriate E&S assessment and
mitigation measures will be formulated to ensure E&S considerations are
incorporated in the course of implementing the particular sub-projects within the
Program.
3.6 Environmental and Social Assessment of Nigerian Policies and
Legislations, IFC Performance Standards and AfDB Safeguard
Systems
The E&S risk categorization of AfDB, AFC and IFC/GCF are comparable and
somewhat equivalent. Futhermore, the Nigerian Country system requires that EIAs
be conducted all projects that meet certain criteria.
Table 3.9 below provides a comparison between the Nigerian, the AfDB and
IFC/GCF E&S safeguards systems. The comparison shows that the Nigerian
Environmental and Social Safeguards system addresses most of the key elements
of Environmental and Social Safeguards except for the preparation of ESMF for
projects involving multiple sub-projects, indigenous peoples, and the required
differentiated treatment of vulnerable groups.
The AfDB and IFC/GCF systems can be deemed materially equivalent, although
the GCF/IFC system provides special focus on some issues such as on community
health and safety and security, indigenous peoples, and vulnerable groups. The
AfDB has five standards (OSS1 to 5) whereas the IFC has eight; but the three
IFC/CGF standards are covered under AfDB’s OSS1. As such, if a sub-project is fully
compliant with IFC/GFC standards, then it can also be deemed materially in
compliance with AfDB’s ISSs.
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The main challenge facing E&S safeguarding in Nigeria is the enforcement of
these policies, guidelines and legislative provisions. Thus, as part of this ESMF, in
order to support the due diligence process, to avoid causing harm and to ensure
consistent treatment of E&S issues across the sub-project intervention areas,
institutional capacity strengthening and funding have been recommended.
Table 3.9. Comparison of Nigerian Legal Provisions, AfDB ISS specifications and IFC Performance
Standards (for AFC and GCF)
Key Element Nigerian Provisions AfDB Integrated
Safeguard System
IFC Performance Standards (AFC
and GCF requirements)
ESMF for
Programs
involving
multiple but
still
unidentified
sub-projects.
Not a national
requirement
OS 1:
Environmental and
social assessment
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Screening EIA Act Cap E12 LFN
2004
OS 1:
Environmental and
social assessment
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Scoping EIA Act Cap E12 LFN
2004
OS 1:
Environmental and
social assessment
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Environmental
and Social
Impact
Assessment
Guideline
EIA Procedural
Guidelines, 1995
EIA Sectoral
Guidelines for Power
Sector, 2013
IESIA Guidance
Notes
ESAP
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Environmental
Categorization
EIA Procedural
Guidelines, 1995
Categories I, II & III
OS 1 – Categories
1, 2, 3 and FI for
operations
involving lending
to financial
intermediaries.
PS 1: Categories A, Category B and
Category C and Category FI for
lending to Financial Intermediaries
Environmental
and Social
Assessment
EIA Act Cap E12 LFN
2004
OS 1:
Environmental and
social assessment
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Environmental
and Social
Management
Plan
EIA Act Cap E12 LFN
2004
OS 1:
Environmental and
social assessment
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Consultation
and
Participation
EIA Act Cap E12 LFN
2004
OS 1 (include
provision of IESIA
Guidance Notes
on consultation)
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Involuntary
Resettlement
- Land Use Act
CAP L5 LFN 2004
- Acquisition of
Land Access
Rights for
OS 2: Involuntary
Resettlement:
Land Acquisition,
Population
PS 5: Land Acquisition and
Involuntary Resettlement
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Key Element Nigerian Provisions AfDB Integrated
Safeguard System
IFC Performance Standards (AFC
and GCF requirements)
Electricity
Projects
Regulations,
2012
Displacement and
Compensation
Compensation Cash compensation
is generally made
based upon market
value. Whilst in
principle there is
allowance
for in-kind
compensation or
replacement of
assets, cash
compensation is
common practice
OS 2: Affected
Persons are
compensated for
all their losses at
full replacement
cost. They can be
offered a range of
different
compensation
packages,
resettlement
assistance, and
livelihood
improvement
options.
PS 5: Land Acquisition and
Involuntary Resettlement
Pollution
Prevention
and Control
National
Environmental
Protection (Pollution
Abatement in
Industries and
Facilities Generating
Wastes)
Regulations, 1991;
and
National
Environmental
(Surface &
Groundwater
Quality Control)
Regulations 2011
Operational
safeguard 4 –
Pollution
prevention and
control, hazardous
materials and
resource
efficiency
PS 3: Resource Efficiency and
Pollution Prevention
Greenhouse
Gases
National
Environmental
Protection (Pollution
Abatement in
Industries and
Facilities Generating
Wastes)
Regulations, 1991
Operational
safeguard 4 –
Pollution
prevention and
control, hazardous
materials and
resource
efficiency
(Special screening
for GHGs is also
considered under
OS 1)
PS 3: Resource Efficiency and
Pollution Prevention
Waste and
Hazardous
Materials
- National
Environmental
Protection
(Management of
Solid and Hazardous
Wastes) Regulations,
1991
Operational
safeguard 4 –
Pollution
prevention and
control, hazardous
materials and
PS 3: Resource Efficiency and
Pollution Prevention
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Key Element Nigerian Provisions AfDB Integrated
Safeguard System
IFC Performance Standards (AFC
and GCF requirements)
- Harmful Wastes
(Special Criminal
Provisions etc.) Act
CAP HI LFN 2004
resource
efficiency
Resources and
Conservation
Natural Resources
Conservation Act
CAP 349 LFN 1990
Operational
safeguard 3:
Biodiversity and
Ecosystem
Services
PS 6: Biodiversity Conservation and
Sustainable management of Living
natural Resources
Labour
Conditions
Employee
Compensation Act,
2010
Labour Act, 1990
Operational
safeguard 5 –
Labour conditions,
health and safety
PS 2: Labour and Working Conditions
Health and
Safety
Factories Act (CAP
F1), 2004
Operational
safeguard 5 –
Labour conditions,
health and safety
PS 2: Labour and Working Conditions
for occupational health and safety
PS 4: Community Health, Safety and
Security
Natural
Habitat and
Biodiversity
Forestry Law CAP 51
LFN 1994
Endangered
Species (Control of
International Trade
and Traffic) Act No.
11 of 1985Natural
Resources
Conservation Act
CAP 349 LFN 1990
Operational
safeguard 3:
Biodiversity and
Ecosystem
Services
PS 6: Biodiversity Conservation and
Sustainable management of Living
natural Resources
Gender National Gender
Policy 2010
Special
consideration is
paid to the needs
and rights of
women in the ISS.
In the context of
gender
vulnerability,
the client must
consider the social
and political
constraints and
barriers that
women may face.
Annex XIII Gender Policy for the
Green Climate Fund
Vulnerable
Groups
Some Nigerian
policies address the
needs of vulnerable
people, such as
the Gender Policy,
Child Act or NEEDS
framework.
However, there are
no specific
provisions related to
OS 1:
Environmental and
social assessment.
Special attention is
given to
vulnerable groups.
GCF’ Environmental and
SocialPolicy
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Key Element Nigerian Provisions AfDB Integrated
Safeguard System
IFC Performance Standards (AFC
and GCF requirements)
Environmental &
Social Assessment.
Indigenous
People
No provision for
indigenous people
OS 1:
Environmental and
Social Assessment
PS 7: Indigenous people
Indigenous Peoples policy of the
GCF
Differentiated
Measures for
Vulnerable
Group
No provisions (Provision for
differentiated
measures for
inclusion)
GCF’ Environmental and Social
Policy
Environmental
Monitoring
EIA Act Cap E12 LFN
2004
ESAP PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
Disclosure and
Access to
Information
EIA Act Cap E12 LFN
2004
OS 1:
Environmental and
social assessment
PS 1: Assessment and Management
of Environmental and Social Risks
and Impact
3.7 Disclosure Requirements
Disclosure of information will enhance governance and accountability
specifically with respect to strengthening of monitoring indicators to facilitate the
monitoring of compliance with the agreements and assess impact on outcomes.
The disclosure duration requirements of the Nigerian Federal Ministry of
Environment (FMEnv), the GCF and the AfDB are presented in Table 3.10.
Disclosure duration requirements for AFC and GCF’s Category B and AfDB’s
Category 2 projects are the same at 30 days which is longer than FMEnv. All sub-
projects to be funded by the Program therefore shall comply with the disclosure
requirements of 30 days.
Table 3.10. Disclosure requirements of the FMEnv, GCF, AFC and AfDB
Entity Project Type Project
Category Disclosure documents
Disclosure
Requirements*
FMEnv Public and
Private sector
Category 1 &
2 ESIA 21
GCF n/a Category A ESIA / ESMP 120
n/a Category B ESIA/ESMP 30
AFC n/a Category A ESIA/ESMP 120
n/a Category B ESIA/ESMP 30
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AfDB
Public Sector
Category 1 ESM/ESMP, ARAP or FRAP 120
Category 2 ESMP 30
Private Sector
Category 1 ESM/ESMP, FRAP 60
Category 2 ESMP 30
Note that the disclosure requirements for E & S documentation related to Financial Intermediaries is
not included in the table, because none of the sub-projects associated with the Nigerian Solar IPP
program will be managed by an FI.
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4 ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION
4.1 Energy Distribution and Access Nigeria faces significant challenges in energy access. At present, 80 million
people lack access to grid electricity, with the national electrification rate at 58
percent and only 41 percent in rural areas. The majority of the unserved people
live in rural areas and rely on candles and flashlights for lighting. To achieve
universal access to electricity by 2030, Nigeria would need to connect between
500,000 to 800,000 households per year and add around 25 GW to its actual
operating capacity.
The provision of regular, affordable and efficient electricity is crucial for the
growth, prosperity, national security as well as the rapid industrialization of any
society. However, the current status of electricity generation in Nigeria with
regards to its population is grossly inadequate. With an estimated 50% of Nigeria’s
population living without grid connected electricity, this issue has been identified
as the underlying challenge hampering economic development and
productivity in Nigeria.
Nigeria is the largest economy in sub-Saharan Africa, but limitations in the power
sector constrain growth. Nigeria is endowed with large oil, gas, hydro and solar
resource, and it already has the potential to generate 12,522 megawatts (MW) of
electric power from existing plants (10,142 MW from thermal plants and 2,380 MW
from hydro), but most days is only able to generate around 4,000 MW, which is
insufficient. Nigeria has privatized its distribution companies, so there is a wide
range of tariffs. Current access rate in Nigeria is 45% with 36% in the rural areas
and 55% in the urban areas11.
In response to the challenges of the power sector and to boost cleaner energy
production in line with the Paris agreement of the UNFCCC, Nigerian Government
has given licences to 14 Solar IPP sub-projects which aims to contribute over
1,000MW to the national grid.
The AFC and AfDB in a bid to encourage clean energy production are
considering giving support to some of these sub-projects to help them see the
light of the day.
11 https://www.usaid.gov/sites/default/files/documents/1860/Nigeria_-_November_2018_ Country_Fact_Sheet.pdf
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4.2 Physical Environment
Random baseline information was taken from across the sub-projects. The
biophysical environment of the areas where the sub-projects being considered
for the Program are mainly situated in Northern Nigeria. The Federal Republic of
Nigeria is a country located in West Africa on Latitudes 4000N and 14000N and
longitudes 2050’E and 14045’E. The country is bordered to its North by Niger
Republic for up to 1,497km, bordered to the Northeast by Lake Chad while the
border at the south is to the Gulf of Guinea and Republic of Benin to the West, as
well as Cameroon to its east. Nigeria is divided into six geopolitical zones with the
North having three zones and the south having three zones.
4.2.1 Climate
Nigeria in general has hot climate throughout the year with slight difference
between summer and winter. The climate of Nigeria is usually characterized into
2 seasons – the Wet and Dry. The wet season (summer) is normally from April to
October while the dry season (winter) is from November to March. The climate in
Northern Nigeria varies from arid in the far North to tropical in the central. Climatic
elements in the Northern part of Nigeria are summarised below in relation to:
• Temperature and Relative Humidity;
• Rainfall; and
• Wind.
Temperature and Relative Humidity
Generally, the area has an erratic climate characterized by wide and rapid
changes in the temperatures and humidity. The arid regions like Sokoto and Borno
States experience maximum degrees of temperature and Relative Humidity. The
Relative Humidity sometimes approaches 90 per cent in this semi-arid area while
daily mean maximum and minimum temperatures are 330C and 31.50C
respectively and can rise to 40.00C in the far north. But the mean daily
temperature can be as low as 100C in Places like Plateau and Taraba States and
slightly higher in other areas during the months of December and January when
the cold dry harmattan wind blows from Sahara Desert.
Rainfall
The year is characterized by well-marked dry and wet seasons. The raining season
starts in May but early rains in April are not unusual. With the incidence of climate
change, it is also not uncommon to find rainfall earlier than April in places around
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the North Central region like FCT, Kogi, Benue and Nasarawa States. The bulk of
the rainfall comes in June through September and recently October. Violent dust
storms, followed by tornadoes and lightening, usually herald the onset of the rains
in May and then retreat in September or early October. The total annual rainfall
ranges from 635 to 890mm.
Great variation occurs in the annual total rainfall and may result in severe and
prolonged droughts, which cause crops failures and the death of livestock most
especially in the far North like Sokoto, Yobe, Borno and Katsina states.
Wind
Two Principal wind currents affects Nigeria. The South westerlies dominates the
wet season and moves into the country from the Atlantic Ocean. The location of
Northern Nigeria in relation to distance from the Atlantic Ocean is partly
responsible for the delay till April/May the beginning of wet season in Northern
Nigeria. North Easterlies from Sahara Desert dominates the dry season.
4.2.2 Air Emissions and Noise
Generally, air quality is a function of activities taking place at different areas at
different time. Industrial areas and traffic intersections are expected to face more
pollution than residential areas. Ambient air quality of the Nova Scotia Power
Development Ltd site in Jigawa state was reported to be was good based on
assessment as all parameters measured were within the FMEnv permissible limits
and guideline values recommended by World Health Organization (WHO).
Ambient noise levels within the area ranged between 45.5 - 66.1 dB (A) with a
mean value of 51.69 dB (A). These levels were also within FMENV permissible noise
levels and WHO guideline value.
Air Quality Assessment at Anjeed Kafanchan Solar Project in Kaduna State also
indicates that the ambient air quality in the study area for both dry and wet
seasons were good as all parameters measured were within the FMEnv and WHO
acceptable limits. Ambient noise levels recorded within the sub-project area
ranged between 39.2 – 65.8 dB (A) with a mean value of 48.4 dB (A).
The concentrations of air quality parameters recorded around the Pan Africa
Solar site in Katsina state were compared with the Nigerian Ambient Air Quality
Standards (NAAQS) and the WHO Air Quality Guidelines. Results from the ambient
air tests indicate that the sub-project area could be said to be good in terms of
Total Suspended Particles (TSP) concentration during the wet season, and the low
SO2 concentrations recorded across the sub-project site was indicative of an
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unpolluted environment. The TSP values reported in the study area during the dry
season survey ranged from 0.05 mg/m3 to 0.52 mg/m3. This maximum TSP value
was found to be above the FMEnv prescribed limit for TSP in ambient air (0.25
mg/m3). This could be attributed to the intense dusty-dry harmattan winds that
predominate in the study area during the dry season. The ambient noise level
reported in the study area during the dry season ranged from ranged from 55.3
to 69.7 dBA, below the FMEnv limit of 90 dBA.
Table 4.1. FMEnv and WHO Ambient Air Quality Standards and Guidelines
Parameter
FMENV WHO
Limit Time of
Average
Guideline
Value
Averaging Period/Time
Base
CO 10 ppm
11.4 μg/m3 1 - hour 25 ppm 1 – hour
NO2 0.04 – 0.06 ppm
75.0 – 113 μg/m3 1 – hour 200μg/m3 1 - hour
SO2 0.01 ppm
26 μg/m3 1 - hour
0.175 ppm
500 μg/m3 10mins
CO2 - -
H2S 0.008 mg/m3 30 mins 7 μg/m3 30 mins
PM 250 μg/m3 1 - hour 20 μg/m3 Annual
50 μg/m3 24 - hour
Source: Guidelines and Standards for Environmental Pollution Control in Nigeria (FEPA 1991); Air Quality Guidelines (WHO,
2005)
Table 4.2. FMEnv and WHO Noise Level Standards and Guidelines.
Parameter
FMENV WHO
Limit Time of Average Guideline Value Averaging
Period/Time Base
Industrial
Area 90dB(A) 8 hour 70 dB(A) 24 hours
Residential
Area - 55 dB(A) 16 hours
Source: Guidelines and Standards for Environmental Pollution Control in Nigeria (FEPA 1991); Air Quality Guidelines (WHO,
2005)
4.2.3 Soil and Landscape
The broad pattern of soil distribution in Northern Nigeria reflects the climatic
condition and geological structure. The soil is light or moderately leached,
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yellowish brown and sandy. The difference in colour relates to the extent of
leaching the soil has undergone. The landscape of Northern Nigeria is
characterised by highlands and lowlands. The eastern border with Republic of
Cameroon is lined by an almost continuous range of mountains which rises to
about 2,419m at Chappal Waddi, Taraba State. The highland in the Northern part
of Nigeria is also prominent in Plateau state and Adamawa while the lowlands
are predominantly within the Sokoto basin and Chad basin.
4.2.4 Geology
The geology of Northern Nigeria, as extracted from Kogbe (1989), is made up of
three main rock groups: mainly Precambrian basement crystalline metamorphic-
igneous-volcanic rocks; Mesozoic to Tertiary sediments, granites and volcanics;
and Quaternary alluvial deposits.
Quaternary Alluvial Deposits
Quaternary to Recent age alluvial deposits occur along the main river valleys.
These deposits range from thin discontinuous sands to thick alluvial deposits up to
15 km wide and 15 to 30 m thick along the Niger and Benue rivers. The alluvial
deposits include gravel, coarse and fine sand, silt and clay. Thin deposits of
unconsolidated and mixed sands and gravels occur along the courses of
ephemeral fadamas in northern Nigeria.
Mesozoic to tertiary rocks
Tertiary age olivine basalts, trachytes, rhyolites and tuffs, overlying or interbedded
with coarse grained alluvial sediments, occur in the Jos Plateau and adjacent
plateau areas. The surfaces of these volcanic lava flows have been weathered
to form succession of laterite palaeosols on the Jos Plateau related to the uplift of
the plateau.
The Mesozoic and Tertiary strata, of the Sokoto part of the Iullemmeden Basin in
NW Nigeria, comprise interbedded sandstones, clays, and limestones that dip to
the north-west. These formations are capped by laterite. The sedimentary
sequence includes the late Jurassic to early Cretaceous Illo and Gundumi
Formations, the Maastrichtian Rima Group, the late Paleocene Sokoto Group and
the Eocene-Miocene Gwandu Formation. These were deposited during a series
of overlapping marine transgressions. Over 1250m of sediments occur in the
down-warped Sokoto Basin, unconformably overlying Precambrian Basement
rocks. Quaternary age alluvial deposits occur along the course of the River
Sokoto.
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In the Chad Basin of NE Nigeria, Cretaceous sediments include the Albian-
Cenomanian Bima Sandstone Formation continental poorly sorted and thickly
bedded feldspathic sandstones and conglomerates to fluviatile and deltaic
sediments. The early Turonian age Gongila Formation, up to 500m thick, includes
marine limestones, sandstones and shales.
The Senonian-Maastrichtian age Fika shale Formation, 100 to 500 m thick, consists
of gypsiferous shales and limestone of marine and continental origin. The
Maastrichtian age Gombe Sandstone Formation consists of estuarine and deltaic
sediments, deposited upon marine shales with sandstone/shale intercalations. The
lower deposits of siltstone, mudstone and ironstone are overlain by well-bedded
sandstones and siltstones. The upper formation contains coals and cross-bedded
sandstones. The Cretaceous ended with a period of uplift and erosion.
The Palaeocene age Kerri-Kerri Formation consists of lacustrine or fluvio-lacustrine
loosely cemented cross-bedded coarse- to fine-grained sandstones, with locally
occurring claystones, siltstones, ironstones, lignites and conglomerates. The Kerri-
Kerri Formation rests unconformably on the Gombe Sandstone Formation and
thickens towards the basin center where it is overlain by Chad Formation. The
Pleistocene age Chad Formation (up to 840m thick) consists of poorly sorted fine
to coarse-grained sand, with sandy clay, clay and diatomite.
Precambrian basement complex rocks
Precambrian Basement Complex rocks underlie three areas of Nigeria: North-
central area including the Jos Plateau; South-west area adjacent to Benin; and
south-east area adjacent to Cameroon. The rocks of the North-central area are
composed of gneisses, migmatites, granites, schists, phyllites and quartzites. The
narrow, tightly folded north-south trending schist belts of northwestern Nigeria
include igneous rocks, pelitic schists, phyllites and banded ironstones. The
migmatite-gneiss complex of amphibolites, diorites, gabbros, marbles and
pegmatites form a transition zone between the schist belt of NW Nigeria and the
granites of the Jos Plateau to the east. There, extensive Precambrian age Older
Granites crop out extensively. These have been intruded by Jurassic age Younger
Granites that for characteristic ring complex structures.
4.2.5 Hydrogeology
Regional hydrogeology: Northwestern Nigeria
In northwestern Nigeria, i.e. Sokoto Basin, up to 2000m of clastic sequences rest
upon the basement. Sequences of semi-consolidated gravels, sands, clay, some
limestone and ironstone are found. The analysis of pumping test data carried out
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in the shallow aquifer indicates transmissivity in the range of 200–5000 m2/d and
storage coefficients of 10−2 to 10−5 indicating semi-unconfined to confined
conditions. The yield of boreholes up to 20 m depth is generally >2 l/s. The
fluctuation of the water table in fadama (low lying) areas is about 2–3m
throughout the year. The water table is lowest in June and highest in September
at the end of the wet season. Precipitation in the area occurs within 3–5 months
giving short-lived, but strong, runoff.
Artesian aquifers occur at depth in the Gundumi Formation, the Rima Group, and
the Gwandu Formation. A perched groundwater body occurs locally at shallow
depth in the limestone of the Kalambaina Formation. This aquifer sustains
numerous dug wells, springs and ponds. Also, from hydrological data, it has been
estimated that the Rima River system between Sabon-Birni and Sokoto town loses
an average of 4 ×108m3/a. A part of this water may be evaporated while the
remaining infiltrates into the alluvium, and in turn recharges the aquifers.
Regional hydrogeology: Northeastern Nigeria
The Kerri-Kerri Formation crops out towards the western part of the northeastern
Nigeria. The arenaceous beds in this formation are coarse grained and highly
permeable, with little or no water at the top. This poor water occurrence is as a
result of the highly permeable nature of the sands, which makes it possible for the
infiltrating water to run through the aquifer very easily and rapidly to considerable
depths, except where clays, shale and silts are encountered (Offodile, 1972). This
explains the variable water-level in wells tapping this formation. It is also possible
that infiltrating water moves laterally to recharge the Lower Zone Aquifer of the
Chad Formation. This is a possibility in view of the fact that the Kerri-Kerri Formation
gently dips towards the northeast, and dovetails with the formation being a lateral
equivalent of the Lower Zone of the Chad Formation. Fairly good yields have
been obtained from deep boreholes tapping this formation.
Regional hydrogeology: the Middle Niger Basin and central Nigeria
The area of the Middle Niger Basin extends northwestwards along the River Niger
from the confluence with the River Benue River in Lokoja. Crystalline basement
rocks adjoin the area on all sides except to the southeast where it has a common
boundary with the Cretaceous sediments of the Lower Benue Basin. The Lower
Niger Basin area is drained by minor rivers flowing SW-NE, and N-S from the Kabba
and Jos Highlands, in the south and the north respectively. Additionally,
intercalated clay and shale layers may reduce the productivity of wells, if vertical
recharge plays a major role. The sandstones of the Lokoja Formation rest directly
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on the granitic to quartzitic basement rocks. The whole sequence consists of
pebbly, clayey grits and sandstones with a minimum thickness of 250 m. Due to
their higher hydraulic conductivity values, groundwater exploration tend to focus
on the Lokoja Formation.
The areas underlain by Basement Complex rocks in west-central Nigeria include
part of Niger, Kwara, Kaduna, Kogi, Benue and Plateau States. This is composed
mainly of granitic and migmatitic gneisses and granites. There are also extensive
areas of schists, phyllites occurring in Kaduna and Kwara states. Both the Older
and Younger Granites of these areas are poor aquifers. However, over most of
these areas occur thin, discontinuous mantle of weathered rocks or joint and
fracture systems in the unweathered basement provide secondary reservoir. The
decomposed mantle is sometimes too thin to harbor large quantities of water and
is usually clayey to be highly permeable. The crystalline basement of Nigeria
generally represents the deeper, fractured aquifer and is noted as a poor source
of ground water. This is partly overlain by a shallow, porous aquifer within the
lateritic soil cover. Streams and rivers rise quickly during and after precipitation
events, thus indicating a rather low storage capacity of the soil and underlying
rocks. From a borehole situated on the southern outskirts of Ilorin on a major
fracture in migmatitic granite, Offodile (1992) reports a yield of about 7.2 m3/h (2
l/s).Yields between 1–2 l/s are considered good, and yields are more commonly
below 1 l/s
4.3 Biological Environment
There are nine distinct ecological zones in Nigeria which can be streamlined into
five, namely (i) Sahel/Sudan Savanna, (ii) Guinea Savanna, (iii) Derived Savanna,
(iv) Lowland rainforest/montane forest and (v) Freshwater swamp
forest/mangrove forest and coastal vegetation (Figure 4.1).
Northern Nigeria is covered by Sahel, Sudan and Guinea savanna. The region is
characterized by relatively long dry season lasting 5-7months resulting in less
woody species compared to the Forest belt or even the Guinea Savannah. Thus
the regional vegetation is a mixture of grasses and low growing shrubs and trees.
The region is currently experiencing desert encroachment which is greatly
exacerbated by human activities such as over cultivation, overgrazing, etc. The
Sudan Savannah vegetation belt is found in the north-west, stretching from the
Sokoto plains in the west, through the northern sections of the central highland. It
spans almost the entire northern states bordering the Niger Republic and covers
over one quarter of Nigeria's total area.
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Figure 4.1. Map showing Different Vegetation Belt of Nigeria
4.3.1 Floral Characteristics
The terrestrial plant life in the Northern Nigeria is typically a mixture of herbaceous
flora especially of members of the grass family- the Poacea and low growing
woody species, with the herbaceous species being more abundant. Common
grasses are Satera pallid-fusca, Chloris gayana, Digitaria exiles and Eragrostis
atrovirens. Common woody species are Azadirachta indica, Acacia Senegal,
Vitellaria paradoxa-all trees of economic importance.
Some of the common flora species in Northern Nigeria (some of which are
expected in the sub-project sites) are listed in Table 4.3 below:
Table 4.3. Flora characteristics in Northern Nigeria
S/N FAMILY SPECIES
(Scientific Name) COMMON NAME TYPE
1 Asteraceae Centaureasenegalensis Centaurea (Kodebabi) Herb
2 Rubiaceae Borreriastachydea Borreria Herb
3 Poaceae Digitaria exiles White fonia/fonia millet Herb (Grass)
4 Liliaceae Chlorophytumlaxum Spider /airplane plant Herb
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S/N FAMILY SPECIES
(Scientific Name) COMMON NAME TYPE
5 Fabaceae Alysicarpus glumaceus Moneywort Herb
6 Poaceae Setaria pallid-fusca Cattail grass Herb (grass)
7 Fabaceae Zorniaglochidiata Zornia Herb
8 Poaceae Chloris gayana Rhodes grass Herb (grass)
9 Fabaceae Acacia albida Acacia (Gao in hausa) Tree
10 Poacea Cynodondactylon Bermuda grass Herb (grass)
11 Rubiaceae Borreriaverticellata Borreria Shrub
12 Asteraceae Vernoniabluemoides Vernonia Herb
13 Poaceae Digitaria debilis Digitaria Herb
14 Rubiaceae Mitracarpusscaber Mitracarpus Herb
15 Poaceae Dactyloctenium
aegyptium
Egyptian crowfoot
grass Herb (grass)
16 Bombaceaceae Adansonia digitata Boabab Tree
17 Burseraceae Commiphora
pedunculata Commiphora Shrubs
18 Commelinaceae Aervalanata Mountain knotgrass Herb
19 Lythraceae Lawsonia innermis Hina or Hina tree Shrub
20 Fabaceae Acacia sieberiana Gum Arabic Tree
21 Euphorbiaceae Croton lobatus Gaasayaa (Hausa) Herb
22 Malvaceae Sidacordifolia Country mallow or sida Shrub
23 Malvaceae Sidalinifolia Fanpetals or sida Shrub
24 Poaceae Urelytrum gigantium Quinine grass Herb (grass)
25 Balanitaceae Balanites aegyptiaca Desert date Tree
26 Ebanaceae Diospyrus mespiliformis African Ebony Tree
27 Araceae Stylochiton hypogeaus Stylochiton Herb
28 Rubiaceae Feretia apodanthera Kuru-kuru (Hausa) Shrub
29 Cyperaceae Kylingapumila Low spikesedge Herb
30 Cucurbitaceae Ptenolepis madrasa Herb (vine)
31 Poaceae Setaria barbata Indian bristlegrass Herb (grass)
32 Cyperaceae Cyprus dilates Herb(sedge)
33 Poaceae Eragrostisatrovirena Weeping lovegrass Herb (grass)
34 Poaceae Erogarastisgangetica Weeping lovegrass Herb (grass)
35 Poaceae Aristidamutabilis Aristida Herb (grass)
36 Poaceae Tripogonminimus Tripogon Herb (grass)
37 Asteraceae Biden bipinnatum Blackjack Herb
38 Fabaceae Senna obtusifolia
Chinese senna,
American siclepod Shrub
39 Asparagaceae Asparagus africanus Climbing asparagus
fern Shrub
40 Poaceae Andropogogayanus Rhodesian blue grass Herb (grass)
41 Poaceae Imperatacylinderica Cogon grass Herb (grass)
42 Acanthaceae Hypoethes cancellata Senegal basari Herb
43 Asclepiadaceae Leptadenia hastate Senegal balanta Shrub
44 Convolvulaceae Ipomoea asarifolia Morning glory Herb (vine)
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S/N FAMILY SPECIES
(Scientific Name) COMMON NAME TYPE
45 Fabaceae Senna sieberina Senna Tree
46 Euphorbiaceae Phyllanthus amarus Stone breaker Herb
47 Solanaceae Physalis peruviana Golden berry Herb
48 Moraceae Ficus ingens Fig tree Tree
49 Fabaceae Senna sinqueana Senna Tree
50 Poaceae Eleusine indica Wiregrass Herb(grass)
51 Poaceae Sporobolus pyramidalis Giant rat’s tailgrass Herb (grass)
52 Fabaceae:P Desmodium tortosum Desmodium Herb
53 Fabaceae Eriosema psoraloides Canary pea Herb
54 Fabaceae Acacia seiberiana Paperback
thorn/acacia Tree
55 Fabaceae Indigofera nummalarifolia Indigofera Herb
56 Euphorbiaceae Phyllanthus niruri Stonebreaker Herb
57 Malvaceae Waltheria indica Sleeping morning Herb
58 Fabaceae Aeschynomene uniflora Budda pea Herb
59 Euphorbiaceae Chrozophorasenegalensis Baurenkiyeshi(Hausa) Herb
60 Fabaceae Indigofera arecta Indigofera Shrub
61 Fabaceae Crotolariaretusa Brown hemp Shrub
62 Fabaceae:P Sesbaniasesban Egyptian pea Shrub
63 Asteraceae Sclerocarpus africanus African Bonebract Herb
64 Asteraceae Blumeaaurita Awka (Ibo) Herb
65 Asteraceae Conyza aegyptiaca Horseweed Herb
66 Asteraceae Ageratum conyzoides Chickweed Herb
67 Fabaceae Indigofera numlarfiolia Indigofera Herb
68 Portulaceae Portulaca oleraceae Pigweed or Red root Herb
69 Asteraceae Emilia pratermissa Mende (Seirraleone) Herb
70 Asteraceae Bidens pilosa Blackjack Herb
71 Asteraceae Cosmos sulphureus Yellow cosmos Shrub
72 Solanaceae Scopariadulcis Goatweed Herb
73 Commmeliaceae Commelina africana Spiderwort Herb
74 Companulaceae Cephalostigma thonnigii - Herb
75 Fabaceae:P Stylosanthes arecta Penicil flower Herb
76 Malvaceae Urena lobota Congo Jute Shrub
77 Euphorbiaceae Bridellia ferruginea Burburumhi (Fulani) Shrub
78 Asteraceae Porpyrostema angostifolius - Shrub
79 Fabaceae Crotolaria lachnosema Rattle pod Herb
80 Poaceae Sacciolepis africanus Cupscale grass Herb (grass)
81 Convulvolaceae Ipomoea aquatica Water spinach Herb
82 Fabaceae Piliostigma thonningii Monkey bread Shrub
83 Malvaceae Hibiscus asper Hibiscus Herb
84 Cyperaceae Mariscus alternifolius - Herb(Sedge)
85 Asteraceae Vernonia ambigua Ironweed Herb
86 Xyridaceae Xyris straminea Yellow eyed grass Herb
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S/N FAMILY SPECIES
(Scientific Name) COMMON NAME TYPE
87 Asteraceae Acanthospermum
hispidium Goat’s head Herb
88 Lamiaceae Leucas martinensis Wild tea bush Shrub
89 Malvaceae Hibiscus suratensis Hibiscus Herb
90 Verbanaceae Clerodendron capitatum Diola (Senegal) Shrub
91 Amaranthaceae Achyranthes aspera Devil’s horsewhip Herb
92 Tiliaceae Melochia corchorifolia Chocolate weed Shrub
93 Fabaceae Senna mimesoides Senna Herb
94 Fabaceae Tamarindus indica Tamarind Tree
95 Fabaceae Indigofera secondiflora Indigofera Herb
96 Arecaceae Phoenix dactylifera Date palm Tree
97 Apocynaceae Plumeriarubra Temple tree Tree
98 Asteraceae Eclipta alba False daisy Herb
99 Caparaceae Caparis tomentosa Woolly Caper bush Shrub
100 Rubiaceae Oldenlandia herbacea Chay root Herb
101 Liliaceae Gloriosa superb Flamelily Herb
102 Combretaceae Guiera senegalensis Moshi medicine Shrub
103 Fabaceae Crotolaria falcate Smooth rattlebox Shrub
104 Fabaceae Indigoferalinearifolia Indigofera Shrub
105 Anacardaceae Sclerocarybirrea Marula Tree
106 Scruphulariaceae Striga asiatica Witchweed Herb
107 Poaceae Axonophus smithii Wheat grass Herb (grass)
108 Rubiaceae Borreria octodon Borreria Herb
109 Fabaceae Tephrosia linearifolia Felatsifotra Herb
110 Poaceae Eragorastic tenella Weeping lovegrass Herb (grass)
111 Meliaceae Azadirachta indica Neem Tree
112 Commmeliaceae Commelina difusa Climbing day flower or
spreading day flower Herb
113 Poaceae Cenchros biflorus Indian sandbur Herb (grass)
114 Fabaceae Crotalaria senegalensis - Herb
115 Sterculiaceae Sterculia setigera Karaya gum tree Tree
116 Fabaceae Zornia latifolia Maconhabrava Herb
117 Amaranthaceae Gomphrena celosiodes Gomphrena weed Herb
118 Fabaceae Senna hirsute Senna Herb
119 Apocynaceae Calotropisprocera Sodom’s apple
milkweed Shrub
120 Poaceae Pennisetum pedicellata Desho or desho grass Herb (grass)
121 Capparidaceae Capparis polymorpha Kauk-kweza
(Myanmar) Shrub
122 Malvacea Hibiscus linearifolia Hibiscus Herb
123 Fabaceae Parkia biglobosa Locust bean tree Tree
124 Poaceae Rottoboellia exaltata Itchgrass Herb (grass)
125 Sapotacea Vitellariaparadoxa Shea butter tree Tree
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4.3.2 Fauna Characteristics
There are about 22,000 vertebrates and invertebrates species, including about
20,000 insects, 1,000 birds, 1,000 fishes, 123 reptiles and 247 mammals, With 23
species in 13 genera, Nigeria ranks eighth in the world, in terms of primate diversity,
About 1,489 species of microorganisms have also been identified.
One hundred and forty-six species on the IUCN list of threatened species are
found in Nigeria out of which 18 falls under the category ‘endangered’ and 15
under the category ‘critically endangered’.
Apart from Cross River National Park, there is no place in Nigeria that primary
forests of five layer forest strata could be observed any longer. The implication of
this is that animals that are dependent on these different layers had been greatly
reduced. Birds such as eagles, kites, parrots and ravens that construct their nests
at the uppermost layer can no more use the layer which means that in no
distance time these birds will go into extinction. Large mammals such as
elephant, chimpanzee, gorilla etc., require a wider home range but as a result of
habitat fragmentation their home range has been restricted thereby exposing
them to danger of extinction.
Typical examples of faunal species which may be encountered at the Nigerian
IPP sub-project sites are presented in Table 4.4 (invertebrates) and Table 4.5
(vertebrates).
Table 4.4. Classification of Fauna Species (Invertebrate)
S/N Phylum Class FAMILY SCIENTIFIC NAME COMMON NAME
1 Arthropoda Insecta Drosophilidae Drosophila sp. Fruit flies
2 Arthropoda Insecta Aerididae Ornithocris
magnifica
Cricket
3 Arthropoda Insecta Gryllidae Gryllopsis nerabillis Ground cricket
4 Arthropoda Insecta Pyrgomorphidae Gastromagus
africana
Brown grasshopper
5 Arthropoda Insecta Pyrgomorphidae Zonocerus
variegatus
Variegated
grasshopper
6 Arthropoda Insecta Termitoidae Cryptotermes sp. Drywood termite
7 Arthropoda Insecta Libellulidae Grachythemis
leuconeura
Groundlings dragon
fly
8 Arthropoda Insecta Lygaeidae Leptocoris
graseiveripis
Soapberry bug
9 Arthropoda Insecta Lygaeidae Oncopeltus
famelucus
Milkweed bug
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S/N Phylum Class FAMILY SCIENTIFIC NAME COMMON NAME
10 Arthropoda Insecta Coreidae Cletus notatus Plainfin midshipman
11 Arthropoda Insecta Trogidae Dermestes sp. Hide beetle
12 Arthropoda Insecta Scarabaeidae Anachalcos sp. Dung beetle
13 Arthropoda Insecta Erebidae Diacrisia maculosa Moths
14 Arthropoda Insecta Noctuidae Agrotis spinifera African moth
15 Arthropoda Insecta Charaxidae Charaxes leadice Charaxes butterflies
16 Arthropoda Insecta Nymphalidae Charaxes varanes Brushfoots, butterflies
etc
17 Arthropoda Insecta Nymphalidae Amauris niavius Common friar
18 Arthropoda Insecta Pieridae Acraea eponina Orange acraea
butterfly
19 Arthropoda Insecta Pieridae Catopsilia florella White butterfly
20 Mollusca Gastropoda Achatinidae Limicolaria
flammea
Garden snail
21 Arthropoda Insecta Culicidae Aedes sp. Aedes mosquito
22 Arthropoda Arachnida Trombidiidae Trombidium sp. Red velvet soil mite
23 Arthropoda Arachnida Scorpionidae Pandinus sp. Black scorpion
24 Arthropoda Arachnida Buthidae Tityus sp. Reddish-brown
scorpion
25 Arthropoda Insecta Gerridae Aquarius paludum Pond skater,
waterbugs etc
26 Arthropoda Insecta Nepidae Nepa cinerea Water scorpion
Source: (ESIA NSPDL, 2015)
Table 4.5. Classification of Fauna Species (Vertebrates)
S/N PHYLUM CLASS FAMILY
Scientific name COMMON NAME
AMPHIBIANS
1 Chordata Amphibian Rhacopheridae Hyperolius sp. Frogs
2 Chordata Amphibian Hyperoliidae Afrixalus sp. Morere’s banana
frog
3 Chordata Amphibian Bufonidae Bufo regularis Toad
4 Chordata Amphibian Ranidae Dicroglossus
occipitalis
African Bullfrog
5 Chordata Amphibian Pipidae Xenopus sp. Clawed frog
REPTILES
6 Chordata Reptila Colubridae Natrix sp. Brown water
snake
7 Chordata Reptila Elapidae Naja melanoleuca Black cobra
8 Chordata Reptila Elapidae Dendraspis sp. Green mamba
9 Chordata Reptila Viperidae Bitis arientans Puff adder
10 Chordata Reptila Varanidae Varanus niloticus Nile monitor lizard
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S/N PHYLUM CLASS FAMILY
Scientific name COMMON NAME
11 Chordata Reptila Varanidae V. exanthamaticus Borsch monitor
lizard
12 Chordata Reptila Agamidae Agama sakaranica Senegal agama
13 Chordata Reptila Agamidae Agama agama Rainbow lizard
14 Chordata Reptila Scincidae Mabuya sp. Mabuya skink
15 Chordata Reptila Scincidae Scincopus fasciatus Banded skink
16 Chordata Reptila Chamaeleonidae Chamaeleo basiliscus Chameleon
17 Chordata Reptila Testudinidae Trionix sp. Soft-shelled turtle
20 Chordata Reptila Centrochelys sp. African spur
toitoise
BIRDS (AVES)
21 Chordata Aves Musophagidae Crinifer piscator Grey Plantain
eater
22 Chordata Aves Ardeidae Ardea sp. Heron
23 Chordata Aves Laniidae Corvinella sp. Shrikes
24 Chordata Aves Laniidae(shrikes) Eurocephalus sp.
25 Chordata Aves Laniidae(shrikes) Lanius sp.
26 Chordata Aves Phasianidae Francolinus
bicalcaratus
Bush fowl
27 Chordata Aves Phasianidae Ptilopachus petrosus Stone partridge
28 Chordata Aves Falconidae Milvus migrans Black Kite
29 Chordata Aves Accipitridae Kaupifalco
monogrammicus
Lizard buzzard
30 Chordata Aves Accipitridae Elanus caerulus Black-
Shouldered Kite
31 Chordata Aves Ardeidae Cattle Egret Bulbul
cusibis
Cow crane, cow
bird
32 Chordata Aves Columbidae Columba guinea Speckled Pigeon
33 Chordata Aves Columbidae Streptopelia
semitorquata
Red-eyed Dove
34 Chordata Aves Columbidae Streptopelia
decipiens
Mourning Dove
35 Chordata Aves Columbidae Streptopelia
senegalensis
Laughing Dove
36 Chordata Aves Coraciidae Coracias abyssinicus Abyssinian Roller
37 Chordata Aves Apodidae Apus apus Common Swift
38 Chordata Aves Ploceidae Ploceus nigricollis Black-necked
Weaver
39 Chordata Aves Ploceidae Ploceus cuculatus Village Weaver
40 Chordata Aves Ploceidae Euplectes sp. Northern Red
Bishop
41 Chordata Aves Strigidae Ptilopsis leucotis White-faced owl
42 Chordata Aves Cuculidae Centropus
senegalensis
Senegal Coucal
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S/N PHYLUM CLASS FAMILY
Scientific name COMMON NAME
43 Chordata Aves Psittacidae Poicephalus
senegalus
Senegal parrot
MAMMALS
44 Chordata Mammalia Sciuridae Xerus erythropus Striped ground
squirrel
45 Chordata Mammalia Muridae Mus sp. Rats
46 Chordata Mammalia Nesomyidae Cricetomys
gambianus
Gambian
pouched rat
47 Chordata Mammalia Eranaceidae Atelerix sp. Hedgehog
48 Chordata Mammalia Bovidae Modoqua sp. Dik-dik
Source: (ESIA NSPDL, 2015)
4.3.3 Endangered and Critically endangered Species in Nigeria
The most endangered or critically endangered floral and faunal species across
Nigeria are presented in Table 4.6.
Table 4.6. Critically Endangered and Endangered Species across Nigeria
Flora or
Fauna Critically Endangered and typical location Endangered and typical location
Flora
Abura (Hallea ledermannii) Niger delta
Iroko (militia excelsia) some parts of southwest, and
Niger delta
Obeche (Triplochiton scleroxylon) some parts of east,
south south and west
Mahogany (Swietenia spp) skirmishes in parts of cross
river and Ondo
Baobab (Adansonia digitata) parts of north and
middle belt
All timber species can be classified
endangered owing to rate of
deforestation, urbanisation and
population explosion as against
afforestation.
Fauna
African elephants (Loxodonta africans) parts of cross
river, Osun-Ondo range
Chimpanzee(Pan troglodytes) cross river
Guenon (Cercopithecus erythrogaster) okomu Edo
Gorilla (Gorilla gorilla) cross river
Drills (Mandrillus leucophaeus) cross river
Pangolin (Manis species) parts of south south and west
Most primates, rodents, reptilians
and avians as listed on that list are
endangered but enjoys different
levels of listings in the CITES
Appendices
It is expected that as part of the ESDD process for the sub-projects selected for
the Program, a detailed assessment will be undertaken to identify specific flora
and faunal species which are endangered or critically endangered.
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4.3.4 Protected Areas
Across Nigeria, there are at least 23,608.34km2 (or 2,360,800hectares) of land that
are designated by national authorities as scientific reserves with limited public
access, national parks, natural monuments, nature reserves or wildlife sanctuaries,
protected landscapes, and areas managed mainly for sustainable use.
Project areas across Nigeria, some of which may be in the wider area of influence
of some of the sub-project locations is presented in Table 4.7 below.
Table 4.7. Protected Areas in Northern Nigeria
Name State Area (sq/km)
Sambisa Borno 517
Pai River Plateau 2714
Wase Game Sanctuary Plateau 1865
Wase Rock Plateau 0.94
Pandam Wildlife Park Plateau 362.4
Falgore (Kogin Kano) Kano 920
Kwaiambana Sokoto 2613
Alawa Niger 296
Dagida Niger 294
Baturiya Kano 43
Yankari Bauchi 2240
Kainji Lake National Kwara/Niger 5341
Gashaka Gumti National Park Adamawa/Taraba 6,402
4.3.5 Key Ecological Problems
Commencement and operations of developmental projects often result in the
direct removal or disturbance of plants, animal and habitat communities.
Ecological problems in Nigeria most especially Northern Nigeria which has led to
scarcity, threat and extinction or migration of plant and animals varies from
location to location. Generally, in Northern Nigeria, deforestation, overgrazing,
drought and desertification as well as yearly flooding are major ecological
problems. Lack of succulent grasses for animals to feed in the North had and has
been forcing pastoralists to migrate southwards for grazing. This also often results
in farmer grazer conflicts.
Special attention will need to be given to these issues when designing and
implementing the E&S studies of the sub-projects.
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4.4 Socio-Economic Environment
4.4.1 Demographics
Nigeria is one of the most densely populated country in Africa with approximately
196 million people in 923,763km2, Nigeria is also the country with the largest
population in Africa with the seventh largest population in the world.
Approximately 50% of Nigerians are urban dwellers, with the rate of urbanization
being estimated at 4.3%. Nigeria is home to over 250 ethnic groups, with over 500
languages, and the variety of customs, and traditions among them gives the
country great cultural diversity. The three largest ethnic groups are the
Hausa/Fulani, Yoruba and Igbo. The Efik, Ibibio, Annang, and Ijaw constitute
other Southeastern populations. The Urhobo-Isoko, Edo and Itsekiri constitute
Nigerian's Midwest.
4.4.2 Population
Nigeria's population has been increasing rapidly for at least the last 5 decades,
due to very high birth rates, with the country quadrupling its population during this
time (Table 4.8). This represents an exponential growth rate. Growth rates were
most rapid in the 1980s, after child mortality had dropped rapidly, and has slowed
slightly since then as the birth rate has declined slightly. According to the 2017
revision of the World Population Prospects the total population was 185,989,640 in
2016, compared to only 30,403,305 in 1952. The proportion of children under the
age of 15 in 2010 was 44.0%, 53.2% was between 15 and 65 years of age, while
2.7% was 65 years or older. There is a large population momentum, with 3.2
percent growth rate leading to the projected population.
Table 4.8. Historical population growth rates in Nigeria
Year Population ±% p.a.
1952 30,403,305 -
1963 54,959,426 +5.53%
1991 88,992,220 +1.74%
2006 140,431,790 +3.09%
2011 162,471,000 +2.96%
2013 174,507,539 +3.64%
2015 182,202,000 +2.18%
2017 191,836,000 +2.61%
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4.4.3 Ethnic Groups and Religion
Nigeria has more than 250 ethnic groups, the larger of which are the Hausa and
Fulani who are predominantly in the Northern part of Nigeria and represent
approximately 29% of the population, the Yoruba, predominantly in the South
(South West) and represent approximately 21% of the population and the Igbo,
predominately in the East represent about 18% of the population. The other large
groups are the Ijaw with about 10% the Kanuri with about 4%, the Ibibio with about
3.5% and the TIV with about 2.5%. The Middle Belt region of Nigeria shows the
greatest degree of ethnic diversity, particularly in Adamawa, Taraba and Plateau
States. English is the official language while a clear majority of the population
conducts commercial activities in their ethnic language and “pidgin” English. The
literacy level of the population is 51.7% (male: 67.3%, female 47.3%).
Predominantly the people are Muslims (50%) and Christians (40%) with few
traditional religions (10%) (ESMF L-PRES, 2018)
There are no communities or ethnic minorities considered as “underserved” in
Nigeria. However minority tribes in Nigeria are mostly from Southern part of the
country with tribes like Itsekiri, ilaje, Ikale, Boki, Andoni, Ejagham taking the lead
while the notable ones in the North includes Kanuri, Bura, Chibok, Shua-Arab,
Karai, Bade, Kagoro, Bajju, Jaba, Berom, Angas and so on.
Closer to what can be referred to as minority ethnic group in Nigeria is the Fulani
tribe who are found in smaller groups across the country mainly because of their
nomadic nature but without any close attachments to ancestral territories and
natural resources in areas where they are found. They move round and settle for
short period of times. Their cattle grazing activities covers vast area within Nigeria
from North to South. With their widespread coverage, they are mostly regarded
as settlers in many places within Northern Nigeria and this have created a lot of
unrests. Such unrests have been witnessed in Benue State, Plateau State, Kaduna
State and Nasarawa State. Their economic status revolves mainly around their
cattle business and are usually prominent around cattle markets in the country.
4.4.4 Public Health
The inadequate programs designed to address the numerous health problems in
Nigeria have led to the little improvement in our health status. Besides the
continued neglect of the importance of addressing public health issues would
make matters worse for poor Nigerians most of who are at the receiving end. The
major public health challenges Nigeria faces are infectious diseases, control of
vector some diseases, maternal mortality, infant mortality, poor sanitation and
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hygiene, disease surveillance, non-communicable diseases and road traffic
injuries, etc.
A recent study into maternal and child care in Northern Nigeria concluded that
poor public health is further compounded by the fact that access to health care
in many parts of the North is a challenge. The lack of adequate health services in
Nigeria is chronic, coupled with healthcare facilities that lack basic essential
medicines. Additionally, the shortage of skilled health workers in the North and the
inaccessibility of healthcare facilities due to distance and poor road
networks have consequences, particularly for women and children.
The low availability, accessibility, and affordability, of health services are not the
only factors responsible for the poor health status of women and children in
northern Nigeria. Many normative practices persist in the North that do not
benefit the general well-being of women. For instance, as well as being
dependent for financial assistance, many women will require the permission of
their husbands, before they may be allowed to visit health clinics and facilities.
The prevalence of home deliveries and female genital mutilation, and low levels
of education and awareness among women about their own health all
contribute to the pervasiveness of poor health outcomes among women in
northern Nigeria. High maternal mortality and low education levels further serve
to trap women in low social and economic conditions, and limit their already
restricted access to quality healthcare services. As a result, the North-East region
of Nigeria has the highest maternal mortality rates in the country. Out of 100,000
live births, 1,549 mothers die in the North-East compared to 165 in the South-West.
4.4.5 Epidemic Diseases and HIV/AIDS
Epidemic diseases within Northern Nigeria includes Yellow Fever, Monkey Pox,
Lassa Fever, Hepatitis, Polio, Cholera, measles, guinea worm and cerebro-spinal
meningitis. These diseases have become endemic in parts of central and northern
Nigeria, taking turns between the country's two main seasons to ravage large
populations of people. During the rainy season, cholera is usually common across
several states in the north. According to IRIN report of 1999, states like Kano, Borno
and Katsina in Nigeria's northern fringe were badly affected while small outbreaks
were also reported in the North-Central states of Kaduna and Bauchi.
In Kano, Medecins Sans Frontieres has treated over 700 cases, with 60 people
dead in its treatment centres. In northern Nigeria the main cause of cholera is
shortage of drinking water, which forces a lot of people to resort to unwholesome
sources such as ponds and streams with faecal contamination. Equally water-
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borne is guinea worm which, while not fatal like cholera, has a debilitating impact
on its victims.
Gombe State is one of those endemic areas where it will take extra efforts to curb
the menace. According to the IRIN report, 640 cases of guinea worm have been
reported in Gombe state. Health officials in Katsina State said over 5,000 people
had been infected by the worm, mainly in Matazu, Dutsin Ma and Rimi local
council areas, where the only source of domestic water were infected ponds and
streams. As soon as the rainy season is over in October measles and meningitis
sets in with dry season. The spread of which is usually accelerated by the dry,
North-Southerly harmattan winds from the Sahara Desert. Meningitis killed
relatively fewer people, mainly due to vaccination programmes implemented by
local health authorities and international aid agencies, measles have always took
a heavier toll.
Apart from these diseases, HIV is another issue but it has been relatively reduced
because of the great efforts of the government through the National Action
Committee on Aids which covers all the states of the Federation. That is not to say
that HIV infections are no longer found, they are still much found in Benue, Plateau
and Kaduna states.
4.4.6 Land Use and Tenure
Land use varies in Nigeria based on location and the need of the community.
Predominant land use in rural areas revolve around agriculture while urban areas
have more of residential, industrial and social uses. In terms of tenure, the Land
Use Decree of 1978 vests ownership of all land to the state through the office of
the governor. Land is to be held in trust and administered for the use and common
benefit of all Nigerians according to the provisions of the Act. By this legal
instrument, the state replaced the traditional institutions of traditional rulership and
chieftaincy in their roles as keepers of communal land. Control and management
of land in urban areas is the responsibility of the state governor, while all other
land (rural, public, etc.) is the responsibility of the Local Government of the area.
The governor is empowered to designate certain areas as urban land and to
grant statutory rights of occupancy of fixed periods and rights of access to any
person, subject to rental arrangements fixed by and payable to the state. The
local government can grant a customary right of occupancy to land in the local
government area (LGA) to any person or organization for agriculture, grazing,
residential or other purposes.
According to the existing national legislation in Nigeria (LUA 1978), the compulsory
land acquisition needs to follow the following steps:
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• The investor requests land from the State Governor, who in turn instructs the
Commissioner of Land to obtain the land through compulsory land
acquisition.
• The Commissioner of Land instructs the Surveyor General to demarcate the
land and conduct a land survey i.e. identifies the owner and establishes the
compensation entitled under the national legislation.
• After the Commissioner of Land has reviewed and approved the survey
results, the Director of Land issues a public announcement to the
concerned communities that invites all right holders to identify themselves
to the authorities.
• After the end of the public disclosure period a final survey is conducted to
confirm validate the findings of the land survey and/or register any
changes.
• After the survey results have been either accepted by the right holders or
confirmed by the Director of Lands, compensation is paid and the land
becomes the possession of the State government, which then in turn can
issue a certificate of occupancy to the investor.
4.4.7 Land Competition and Conflict between Farmers and Pastoralists
In Northern Nigeria, there is largely not much peaceful co-existence between
farmers and pastoralist because of resource scarcity s they both make their livings
from the same geographical conditions. Farmers-pastoralist conflicts have been
associated with the conflict of land resources. Nomadic pastoralists have no land
use rights and depend largely on the hospitality/generosity of their hosts. They
may have access to routes, corridors/passageways for wildlife and domestic
animals, indicating a desire by government to provide grazing land for both
nomadic and settled pastoralists. However, existing grazing reserves are only
rudimentary lacking any facilities. Thus, generally, nomads move to open pasture
to raise stock as well as avoid contact with agricultural communities.
The cattle movements avoid areas of tsetse fly infestation and other diseases and
follow the location of farming communities for crops residues and markets for their
products, thus trampling into the farm land. The increasing human population,
irrigation and expansion of town and villages accelerated the encroachment of
land cultivation and urbanization into grazing area and stock routes, leading to
competition for resources and create farmer/herder clashes which have resulted
in heavy losses in lives and properties. The local farmers claim that the Fulani’s
cattle frequently destroy their crops, resulting in conflict which is sometimes
violent.
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4.4.8 Cultural Heritage
Nigerian is a country endowed with a lot of cultural heritages sourced from its
multicultural communities. Globally the importance of heritages to countries and
even in developing nations like Nigeria cannot be over-emphasized. This is due to
its economic, historical, tourist, aesthetic, educational and research significance.
Tangible cultural heritages include man’s physical ingenious products which can
be touched and seen such as architecture/buildings, defensive walls and ditches,
crafts, tools, ivory, cowries, paintings, textiles, pestles, mortars, iron furnaces,
knives, food, wooden objects, tombs & grave goods, temples, dresses, pottery &
potsherd pavements, monuments, books, works of art among other artifacts.
Some Cultural Heritages of Nigeria includes:
A. Northern Nigeria
1. Annual Argungu festivals in Kebbi state.
2. Annual Sallah Durbar in Katsina State
3. Gidan Hausa in Kano state
4. Farribachama Annual festival of Adamawa state
B. Southern Nigeria
1. Eyo masquerade of Lagos state
2. The Bakor Yam festival in Cross River state and others
3. Osun – Oshogbo festival in Osun state
4. Imo Awka masquerade ceremony in Awka, Anambra state.
Other Nigerian cultural heritages were the blacksmithing industry, brass-casting,
bronze works and metal-working industries practiced across Nigeria, terracotta;
wood carvers constructed beautiful stools and doors, engravings on walls and
rocks etc.
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5 GENDER CONSIDERATIONS AND VULNERABLE GROUPS
5.1 Introduction Women and girls around the world must have equal rights and opportunity and
be able to live free of violence and discrimination. Women’s equality and
empowerment is one of the 17 Sustainable Development Goals which is also
integral to all dimensions of inclusive and sustainable development. In short, all
the SDGs depend on the achievement of Goal 5: Achieve gender equality and
empower all women and girls.
It is important to also note that Goal 7, Ensure access to affordable, reliable,
sustainable and modern energy for all, is a dimension which this solar IPP program
will embed within the gender domain. The UN Progress report12 notes that,
“globally, 85.3 per cent of the population had access to electricity in 2014, an
increase of only 0.3 percentage points since 2012. That means that 1.06 billion
people, predominantly rural dwellers, still function without electricity. Half of those
people live in sub-Saharan Africa”13
The United Nations’ gender equality goal requires urgent action to eliminate the
many root causes of discrimination that still curtail women’s rights in private and
public spheres by 2030. This is in the area of discriminatory laws, eliminating
gender-based violence, equal distribution of economic resources and sexual and
reproductive rights. In the 2017 Progress Report, the UN noted that “gender
inequality persists worldwide, depriving women and girls of their basic rights and
opportunities. Achieving gender equality and the empowerment of women and
girls will require more vigorous efforts, including legal frameworks, to counter
deeply rooted gender-based discrimination that often results from patriarchal
attitudes and related social norms”14
Finally, the UN reported that across countries, it is those women and girls who
experience multiple and intersecting forms of discrimination who are often the
furthest behind. To identify such inequalities among women and girls within
countries, the report undertakes analysis across a range of development
dimensions for four countries, finding that those who are deprived in one
dimension are likely to experience deprivations in other dimensions as well. For the
case of Nigeria, the report finds:
12 UN Progress report of 2017 13 UN Economic and Social Council (2017). Progress towards the Sustainable Development Goals: Report of the Secretary-General (E/2017/66). 14 UN Economic and Social Council (2017). Progress towards the Sustainable Development Goals: Report of the Secretary-General (E/2017/66).
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• Education. Wealth is a driving force behind educational attainment: 13% of
women and girls from the richest households report completing six or less
years of education, while in the poorest households, 96.5% are education-
poor.
• Child marriage. A low-income, rural woman of Hausa ethnicity is eight times
as likely to be married before the age of 18 as a high-income, urban
woman of Yoruba ethnicity.
• Violence against women and girls. 23% of women have been victims of
physical or sexual violence by a previous husband and 17.3% by another
relative. Igbo women and girls are the likeliest to report being victims of
violence at the hands of a relative: 25.2%.
• Clustered deprivations. 15% of all women aged 18–49 (or 5.2 million women)
are simultaneously deprived in four SDG-related dimensions. These women
were not only married before the age of 18 and education poor, but they
also reported no agency in healthcare decisions and claimed to be
unemployed at the time of the survey.
The next section will provide further country and state local data demonstrating
the urgency in this social dimension.
5.2 Gender Issues
Nigeria is now ranked 125 out of 145 on the 2015 Gender Gap Index countries with
a score of 0.638. On the AfDB Gender Equality Index 2015, Nigeria is ranked 23rd
out of 52 countries. The AfDB Index reflects women’s status in three dimensions of
equality: economic opportunity, social development and law and institutions. The
ranking is based on a score of 0-100, with 100 representing perfect gender
equality. Nigeria’s overall score is 54.7%, it ranks 18th in economic opportunities,
and an unsatisfactory 32nd in human and social development and 30th in laws
and institutions.
Generally, women, compared to men, lack access to employment opportunities
because of low investment in their human capital, especially their low level of
education and lack of skills appropriate for formal labour employment. Women
therefore dominate small-scale commerce in food, textiles, household goods and
consumable. The few women employed in the formal labour market work within
an environment which is non-responsive to their gender needs, while they are also
discriminated against based on traditional gender-based division of labour which
made women responsible for child bearing and rearing roles, and the care of the
family as a whole. Therefore, the Nigerian labour market is characterised by
occupational sex segregation, gender based discriminatory labour laws, gender
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unfriendly work environment, gender-based labour abuse; and insensitivity of the
labour unions to gender-based abuses among others. A major policy goal is
therefore needed in sub-projects implementation to achieve equality and equity
in employment opportunities and eliminate all discriminatory and abusive
practices (on the grounds of sex, race, ethnicity, class, religion, age, disability, or
marital status) against the employment of women in the public and private
sectors of the economy
5.2.1 Gender issues in Northern Nigeria
Gender inequality remains a major barrier to human development. Girls and
women have made major strides since 1990, but they have not yet gained
gender equity. The disadvantages facing women and girls are a major source of
inequality. All too often, women and girls are discriminated against in health,
education, political representation, labour market, project developments etc.
with negative consequences for development of their capabilities and their
freedom of choice (UNDP Human Development Reports 2018). In Northern
Nigeria, girls and women are often secluded from the general public for religious
and cultural beliefs. This have very negative impacts on their self-esteem and
exposure to development. This can also been seen in the political participation of
women in Southern Nigeria and Northern Nigeria. In 2015, 8 women were elected
into the upper legislative chamber out of which only 1 comes from Northern
Nigeria with the remaining 7 from Southern Nigeria. This further underscores the
level of gender inequality in the nation as a whole.
The position of women in Africa had been seen from the perspective of a second-
class citizen to men. They are viewed as those who look after the homes, bear
and rear children for the men. According to William (1990:134), women are
preoccupied with looking after the homes, men and the children. In his views,
Read (1996:19) he wrote that women are female human being, mistress and
servants who does the domestic chores (cleaning and cooking).
Nigeria still ranked very low in the Gender Equality Index and Gender
Development index of the United Nations Human Development Report of 2018.
Women are still shuffled to the back when it comes to decision making most
importantly regarding developments. In Northern Nigeria, discussions on project
developments are limited to males because of religious and cultural beliefs.
The economic position of women had been well documented by Aderemi
(1997:211). He stated that women wield substantial economic power integrated
into the macro and micro economy. He further stressed that women control the
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bulk of local and long-distance trade, dominate the food processing and
cottage industries, and participate actively in agriculture and health care.
It had also been stressed that women are home makers and are known to be
able to cope with jobs that are repetitive in nature such as agriculture, cooking
and other skilled vocational occupations. The World Bank (2004) year book
revealed startling reports about women thus:
• Women constitute about 50% of world population. NPC (1991) puts Nigerian
male: Female as 44,544531 and 43,969,970. Women comprise 75% of the
world’s illiterate people. (This may be higher in Africa)
• Women head up to 30% of world’s household
• Women produce about 50% of the world’s food
• Women received only 1/10 of the world’s total income
• Women own less than 1/100 of the world’s real properties
These theoretical and empirical positions about women points to the fact that for
any functional and sustainable plan of actions for national development, it should
put into serious consideration the women populace.
5.2.2 Impediments to the Girl-Child Education in Northern Nigeria
A number of factors and practices affect the girl-child education in northern
Nigeria. These include poverty/child labour, illiteracy/ignorance, easily marriage
Islamic religious practices and social stratification/family background. Socio-
cultural value, peer influence etc.
These factors which could be encountered in the sub-project areas of the Solar
IPP program are summarized in the Table belowbelow.
Table 5.1. Impediments to the Girl Child Education in Northern Nigeria
Socio-economic
factors Description
Early Marriage
Most girls within the age bracket of 12 – 15 years are contracted or conscripted
into marriage without prejudice to the health and socio-psychological hazards
involved. The parents due to poverty are left with no option than to resolve to
faith. Such females are completely denied access to educational
opportunities.
Poverty /Child
Labour
It is common practices to see girls of school age hawking various article of
trade in urban and rural area in Northern Nigeria. This situation had been
blamed exclusively on the unacceptable poverty level in Nigeria
Illiteracy/Ignorance
Closely related to poverty and child labour is ignorance and illiteracy. The
value of education had not been fully acknowledged by most parents in
Northern Nigeria particularly those that reside in the remote villages.
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Islamic Religious
Practices
The Northern Nigeria is predominantly secular. The Islamic moral tenants based
on chastity discourage fornication. Based on this belief most parents
encourage their females to marry at the expense of formal schooling.
Socio-Cultural
Values
The socio-cultural set up in most part of the Northern Nigeria encourages the
education of males in favour of the female who are expected to perform
various domestic chores at home.
Peer-Group
Influence
Due to peer group influence most parents and their female children tend to
borrow/adopt obnoxious practices detrimental to girl-child education. They
would not want to be branded exception to societal practices.
Family
Background/Social
Stratification
The social background and family structure of the girl-child to a large extent
depend on their chances of enrolment to formal education. Enlightened
parents or families in Northern Nigeria do not discriminate against female
education.
Based on these, there should be planned Gender Assessment and Development
under the sub-projects, which will help analyze gender issues during the
preparation stage of sub-project and design interventions. At the sub-project
level, gender analysis should be part of the social assessment and the analysis will
be based on findings from gender specific queries during primary data collection
process and available secondary data. The quantitative and qualitative analysis
will bring out sex disaggregated data and issues related to gender disparity,
needs, constraints, and priorities; as well as understanding whether there is a
potential for gender based inequitable risks, benefits and opportunities. Based on
the specifics, interventions could be designed, and if required, gender action
plans can be prepared.
5.3 Vulnerable Groups
As part of the Program, all 13 sub-projects being considered will require large
expanse of land which are mainly in rural areas. It is a known fact that agricultural
land use is predominant in rural areas of Northern Nigeria. What this means is that
the majority of the people within the project areas will depend on agriculture and
land-based resources for livelihood. Acquisition of land for these sub-projects
without proper mitigation measures will expose some social groups to economic
vulnerability. This might include women, widows, farmers, pastoralists and women
heads of households, as well as the elderly and people with disabilities.
5.3.1 Indigenous Groups
Indigenous peoples, also known as first peoples, aboriginal peoples or native
peoples, are ethnic groups who are the original settlers of a given region, in
contrast to groups that have settled, occupied or colonized the area more
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recently. According to the World directory of minority and indigenous people in
Nigeria published by the Minority Group International in May 2018, the main
minority and indigenous people are Hausa / Fulani (29 per cent); Yoruba (21 per
cent); Igbo (Ibo) (18 per cent), Ijaw (10 per cent), Kanuri (4 per cent), Ibibio-Efik
(3.5 per cent), Tiv (2.5 per cent), Edo (Bini) (less than 1 per cent), Nupe (less than
1 per cent). In the last census conducted in 2006. The country did not then and
does not now, collect or analyse data disaggregated by ethnicity, religion or
language. However, it is recommended that the proponent investigate this issue
further and confirm in final documentation. Also, as stated in Chapter 4, and
subject to additional studies as part of the ESIA, there may not be underserved
ethnic minority/Indigenous people in the area and all sub-projects are required
to show broad community support. The AFC, as AE, will require the sub-projects
selected under the funding program, to assist this further as part of the ESDD
process (detailed in this ESMF).
5.4 Approaches to Consultation, including Vulnerable Groups
5.4.1 Vulnerable group inclusion
The term “vulnerable groups” refers to people who, by virtue of gender identity,
ethnicity, age, disability, economic disadvantage or social status may be more
adversely affected by project impacts than others and who may be limited in
their ability to claim or take advantage of project benefits. Vulnerable individuals
and/or groups may also include people living below the poverty line, the landless,
the elderly, women- and children- headed households, refugees, internally
displaced people, ethnic minorities, natural resource dependent communities or
other displaced persons who may not be protected by national and/or
international law. It is important to identify and address these groups during the
early consultation phases of the sub-projects in order to avoid placing additional
strains on these groups as a result of the sub-projects.
AfDB’s ISSs have standards for consultation with vulnerable groups, which will be
a guide in Program implementation. These are detailed in Table 5.2 below:
Table 5.2 - Vulnerable Group Guidelines to be Implemented in the Program
The AfDB ISS defines vulnerable individuals or groups as those within a project’s
area of influence who are particularly marginalized or disadvantaged and who
might thus be more likely than others to experience adverse impacts from a
project. The vulnerability can be determined by identifying the likelihood that
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an individual or a group faces harder conditions as the result of the
implementation of a project.
Vulnerable status may stem from a group’s gender, economic status, ethnicity,
religion, cultural behavior, sexual orientation, language or physical and
psychological health conditions. Vulnerable groups may include, among
others, female-headed households, those below the poverty line, the landless,
those without legal title to assets, ethnic, religious and linguistic minorities,
Indigenous Peoples, those who are disabled, etc.
Vulnerable groups are more likely to be exposed to adverse impacts in large-
scale projects with a large area of influence, potential cumulative impacts and
multiple affected communities, than in small-scale projects that have site-
specific issues.
a. AfDB ISS requirements on vulnerable groups
The Bank’s Operational Safeguards 1 (OS1) details the following when assessing
projects and sub-project impacts on vulnerable groups:
• in assessing the potential impacts of Bank operations on affected
communities, the borrower or client shall make use of adequate and
qualified expertise to identify people and groups that may be directly,
indirectly and/or disproportionately affected or marginalized by the
project because of their recognized vulnerable status.
• where groups are identified as vulnerable, the borrower or client shall
implement appropriate differentiated measures so that unavoidable
adverse impacts do not fall disproportionately on these vulnerable
groups, and so that they are not disadvantaged in sharing development
benefits and opportunities (such as roads, schools, healthcare facilities,
etc.).
• OS 1 emphasizes the need to assess gender issues in the context of
vulnerability. A gender assessment shall be made for every project and
shall form the basis for project design and compensation plans that lead
to enhanced gender balance.
• OS 1 states that groups that may be considered vulnerable may include
social or cultural groups recognized as Indigenous Peoples. The Bank
seeks to promote the safeguarding of Indigenous Peoples’ lands, natural
assets and other cultural heritage by its member countries and to provide
special protection for projects that may involve their resettlement.
Also, the ISS requires the Environmental and Social Assessment process to
systematically identify vulnerable groups. The identification of vulnerable
groups shall be the result of a careful analysis of the social and economic
context in which the project will operate. The presence of factors that causes
vulnerability should be analysed, as should potential project impacts on
vulnerable groups, the capacity of the vulnerable groups to cope with, or
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adapt to, such impacts, and the potential for such impacts to be mitigated in
a way that takes account of the specific vulnerabilities or marginalization status
in question. Taking the particular circumstances of the vulnerable groups into
account should help borrowers or clients to better define impacts relevant to
the groups, and to improve the design and implementation of a specific
Community Development Plan (CDP) or an Indigenous Community
Development Plan (ICDP).
b. Objective and scope of vulnerable group identification
The objective of identifying vulnerable groups is to enable a strategic focus on
the consideration of their views and specific needs during the project planning,
and thereby to specifically avoid harm to them, as well as to ensure that they
have the opportunity to participate in and benefit from the proposed project.
Having identified the vulnerable groups, the objective becomes to define
differentiated measures for them to ensure that they are protected and that
suitable benefits are adequately planned and directed to them as set out
below:
i. Vulnerable Groups and Gender
Projects may have different impacts on women and men, owing to their
different socio-economic roles and their varying degrees of access to and
control over assets, productive resources, and employment opportunities.
Gender discrimination often limits access to the resources, opportunities, and
public services necessary to improve standards of living. In addition, there may
be norms, societal practices, or legal barriers that impede the full participation
of people of one gender (usually women, but potentially men) in consultation,
project planning, decision-making, implementation of project activities or the
sharing of benefits.
ii. Other Vulnerable Groups
Those of low economic status, particularly those below the poverty line, the
landless and those without legal title to assets may also lack the resources and
capacity to participate in project decision-making or benefit-sharing to the
same degree as those of higher economic status.
In addition, those with health conditions, those who are disabled, etc., are also
groups that commonly lack the capacity, means or voice through which to
avoid negative project impacts and reap project benefits.
c. Differentiated measures for vulnerable groups’ inclusion in development
Once groups have been identified as vulnerable, the borrower or client shall
propose and implement differentiated measures so that adverse impacts do
not fall disproportionately upon them, and so that vulnerable groups are not
disadvantaged in sharing development benefits and opportunities.
Differentiated measures are required to respond to the requirements of specific
types of vulnerable groups. The AfDB ISS provides guidance to differentiated
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measures requirements to specific types of vulnerable groups including
measures responding to vulnerable gender groups, indigenous people,
vulnerable groups experiencing resettlements and other vulnerable groups
such as groups of low economic status, those with health conditions, those who
are handicapped, etc.
Meaningful consultation is of vital importance in determining what
differentiated measures are necessary for the particular vulnerable groups in
question, as well as in seeking broad community support (BCS) from such
vulnerable groups. There should be a targeted and meaningful consultation
process, backed by adequate information, and carried out with each
vulnerable group. Specific, targeted consultation sessions with each vulnerable
group are important because consultations with non-vulnerable groups may
not always reveal the special conditions or concerns of vulnerable groups, and
how these might be addressed in a differentiated and targeted manner.
Consultation around differentiated measures for vulnerable groups requires a
socially and culturally sensitive approach that shall ensure that:
• The vulnerable group in question is represented in discussions, and that
members of this group are given ample and appropriate opportunities
and channels to express their views, concerns and aspirations in the
language and manner of their choice, without external manipulation,
interference, coercion, or intimidation.
• Representative bodies and civil society organizations, as well as a
sufficient number of members of the vulnerable group themselves, are
included in the consultation process.
• Local leaders deemed to “represent” the views of vulnerable members
of the community actually have the members’ consent and understand
their views and perspectives.
• Spaces for discussions are created that are perceived to be “safe” from
the perspective of the vulnerable group, and that are easily accessible
to them.
The consultations with each vulnerable group should primarily seek to elucidate
the special conditions and concerns of the group in question, and the form that
associated differentiated measures should take in order to ensure that the
vulnerabilities of the group in question are not further exacerbated by the
project and that the group is given the opportunity and the capacity to benefit
from the project according to their views and needs.
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5.5 Gender Mainstreaming and Vulnerability Assessment The primary objective of the vulnerable persons’ assessment and assistance
measures is to avoid the occurrence of project-induced vulnerability, and if it
occurs, to mitigate this through preventive and follow-up measures. Criteria used
to assess project-induced vulnerability include pre-project poverty, household
composition, income, food supply, housing, social support, and health.
The criteria are used to establish household vulnerability relative to local
conditions. Vulnerability thus becomes locally defined as those households that
are recognized to be in a difficult situation against the background of general
poverty in the area.
Vulnerability should be viewed in two stages: pre-existing vulnerability and
transitional hardship vulnerability. Pre-existing vulnerability includes that stage
which would be present with or without sub-project development. Transitional
hardship vulnerability occurs when those directly affected by a sub-project,
whether predisposed or not, are unable to adjust to new conditions due to shock
or stress related to sub-project activities.
Project measures to identify vulnerable households and individuals include:
• Participatory engagement techniques to confirm community perceptions
of well-being and to identify at-risk households;
• Conduct of socio-economic survey and analysis of baseline data to identify
at-risk households;
• Implementation of household monitoring surveys designed to reveal trends
in social welfare (household composition, assets, sources of income,
expenditures etc.);
• Self-registration at offices of households that identify themselves as
vulnerable or at risk; with all such registrations leading to an evaluation of
that household by the project/investor team in order to assess the
households’ vulnerability; and
• Regular visits to all physically displaced households and any economically
displaced households identified as vulnerable during resettlement planning
and implementation processes to re-assess those households’ vulnerability.
Such visits will occur at least once a quarter; and each visit will be recorded
in the database flagging changes to indicators that are problematic.
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5.6 Implementation of Gender Considerations in the Program In consideration of Gender Issues in Northern Nigeria, the Program has developed
a Gender Action Plan (GAP) and each sub-project will be required to have a
Project GAP.
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6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS
6.1 Overall Context The development of sub-projects will be a source of renewable electricity
production and it is expected to have highly positive E&S impacts for the affected
communities, States and Nigeria at large. However, the sub-projects will inevitably
have some adverse impacts on the biophysical and social environment
particularly during pre-construction (land acquisition), construction and
decommissioning phases. The adverse impacts will largely be localized in spatial
extent, short term and occurring within less sensitive environmental areas. These
adverse negative impacts are likely to be readily identified, assessed and
manageable through the application of appropriate mitigation measures, good
E&S (E&S) practice, sound design, good construction practices, effective
maintenance and adequate supervision and enforcement during the project life
cycle.
As part of each sub-project in the Program, E&S impact analysis of a sub-project
(or project options) consists of comparing the expected changes in the
biophysical and socioeconomic environment with and without the sub-project.
6.2 Negative Environmental and Social Impacts The envisaged negative impacts of the sub-projects are presented in Table 6.1
below:
Table 6.1. Anticipated Negative Environmental and Social impacts of sub-projects (non-
exhaustive)
Project Phase Environmental/
Social Receptor Impacts
Pre-
construction
Phase
Social (Human)
Environment Land use
• Loss of Agricultural/livestock/other productive use land
• Loss of homes, structures other than homes, crops and
economic trees • Conflicts between farmers and pastoralists with regard to
land
• Grievances due to land resettlement and compensation;
Construction
Phase
Biophysical
Environment
Soils, Run-off and flooding
• Pollution of groundwater from discharges and
accidental releases during construction of solar farm,
access roads and transmission lines.
• Interruption of drainage patterns and lack of water
table replenishment, as a result of ground clearance
and earthworks
Pollution of soils and water
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Project Phase Environmental/
Social Receptor Impacts
• Drainage of construction site /camp sewage effluent
polluting watercourses.
• Release of hazardous substances during construction,
operation (e.g. vehicle spills) leading to soil, surface or
groundwater contamination.
Air Quality
• Dust from construction, and other emissions during
construction and operation (e.g. wildfires), could affect
human health, crops and wildlife
Noise and vibration
• Noise and vibration from equipment, traffic and
activities during construction solar farm, access roads
and transmission lines (and maintenance) at sites and
associated facilities, may disturb sensitive noise
receptors (human and fauna)
Resources and waste
• Construction and operation will require supply of water
from surface or groundwater, which could affect
existing supply for human communities and ecosystems
• Water requirements may be high for
large/concentration solar power plants (cooling water is
required for solar concentration devices).
• Inefficient waste management during construction and
maintenance leading to excess materials consumption,
generation of wastes/emissions, soil and water pollution
• Loss, fragmentation and degradation of habitat, and
severance of animal migration routes and pathways
• Land clearance for the solar power plant and
upgrade/expansion of existing plants may cause loss or
fragmentation of protected areas and other areas of
conservation interest and degradation following poorly
managed rehabilitation.
• Severance of terrestrial routes and watercourses used
for migration or for access to feeding and breeding
areas (e.g. by access roads )
• Construction (and to a lesser extent operational
impacts) on habitats and species from habitat alteration
and degradation (e.g. from changes in drainage, soil
erosion, pollution of water, soils or air, introduction of
invasive species and general human disturbance )
Direct impacts on flora and fauna
• Clearance of vegetation may lead to loss of plant
species and habitat of conservation interest
• Solar power plants could displace animals and disturb
their habitats, by direct disturbance during construction
and operation (e.g. from noise, light disturbance at
night, general human presence)
Invasive Species
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Project Phase Environmental/
Social Receptor Impacts
• Movement of plant from the arrival of workforce into
areas could introduce invasive species which adversely
impact fauna, flora, ecosystems, and crops.
Social (Human)
Environment Physical and Economic Displacement of People, Property,
Assets and
Resources
• Development of solar power plants, especially large
ones, may physically displace people, or lead to the loss
of assets, e.g. land of agricultural or other beneficial use
Cultural Heritage
• Displacement or damage to cultural heritage sites by
construction activities, harm to the setting, amenity
value, etc. of the site.
Community Health, Safety and Security
• Poor construction management practices may lead to
adverse effects on safety, human health and wellbeing.
• Interaction between in-migrant construction workers
and local communities may increase occurrence of
communicable diseases, including HIV/AIDS and
sexually transmitted diseases (STDs).
Landscape and visual impacts
• The solar power plant, especially if large, could
generate negative landscape impacts.
Workforce-Community Interactions
• Real or perceived disruption to normal community life,
through the physical presence of a construction
workforce.
Operation
Phase
Biophysical
Environment
• Hazardous wastes from damaged PV panels, inverters and
batteries;
• Soil contamination from release of hazardous materials
• Groundwater contamination from waste water and
hazardous chemicals;
• Over-extraction (depletion) of ground water reserves for
operational activities especially for panel washing during dry
seasons;
• Solar systems can pose risks to wildlife especially birds that
may confuse solar panels with water bodies. This could result
in the loss and reduction of the local birds’ population;
Social (Human)
Environment
• Increased potential of fire outbreaks due to failure of
electrical installations;
• Risks of theft cases in absence of adequate security measures
• Potential for fire outbreak due to failure of electrical
installations;
• Risks of occupational accidents and injuries to workers
including exposure to hazardous chemicals, electrocution
and fall from high positions.
• Local communities are unable to benefit from the electricity
produced by the project because local communities are not
connected to the grid or not served by electric utilities.
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6.3 Positive Environmental and Social Impacts The summary of envisaged positive impacts including gender sensitive positive
impacts of the sub-projects are presented in Table 6.2 below.
Table 6.2. Anticipated Positive Environmental and Social impacts from sub-projects (non-
exhaustive)
Project Phase Environmental and
Social Receptor Positive Impacts
Preconstruction
& Construction
Biophysical
Environment --
Social (Human)
Environment
• Generation of renewable electricity to boost national
power supply;
• Construction of access roads to enhance easy
movement of people and their farm produce
• Employment of local labour in the form of direct and
indirect employment during construction.
• Improved livelihood and poverty reduction
• Stimulation of local and regional socioeconomic
activities arising from employment and award of
contracts
Operation
Phase
Biophysical
Environment
• Due to the nature of the sub-project operations, no
negative impacts on air quality, soil or water resources
is anticipated during operation phase
• Reduction in the use of fossil fuels, thereby reducing
GHGs gas emissions
Social (Human)
Environment
• Technology transfer and training of project staff on solar
power plant operation, management and
maintenance; and
• Increased revenue generation to government through
permits and taxes
• Creation of tourist attraction and recreational
opportunities;
• Employment of local labour during operation
• Improved livelihood and poverty reduction
6.4 Gender Sensitive Development Impacts In Africa, women are primary household caretakers and responsible for the
availability of energy sources for lighting and cooking. As such, there is huge
pressure on them to source for energy required for running of the homes. The
implementation and operation of sub-projects is however anticipated to improve
the livelihood, living conditions, and overall quality of life particularly for women,
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girls and other vulnerable groups as it will make more electricity available and
thereby increase access for them.
In general, most projects may have different impacts on women and men,
because of their different socio-economic roles and their varying degrees of
access to and control over assets, productive resources, and employment
opportunities. Consequently, the sub-projects will be implemented in line with the
AfDB ISS and GCF’s ESS, by implementing differentiated measures so that women,
girls and other vulnerable groups are specifically targeted in sharing
development benefits and opportunities. The key activities targeting women’s
participation may include employment and training to ensure that the sub-
project is gender-sensitive and the benefits are shared among men and women.
Some of the envisaged gender sensitive benefits of the sub-projects are
summarised in Table 6.3.
Table 6.3. Anticipated Gender Sensitive impacts on sub-projects
Project
Phase
Environmental
and Social
Receptor
Positive Impacts
Operation
Phase
Women, Girls &
Vulnerable
Groups
• The existence of electricity energy (solar) will allow
villagers including women to engage themselves in
various economic activities;
• Entrepreneurial job creation resulting from productive use
of electricity in agriculture, agro processing and light
manufacturing
• Improvements in health and safety from elimination of
smoke and soot from kerosene lamps and candles for
lighting and fire hazard from naked flames
• Better access to education especially for girls through
lighting for homework and better access to web-based
materials at school
• Long term green job creation in the green economy
sectors linked to sustainable energy and Nigeria climate
adaptation action.
• Poverty alleviation through virtuous circle of more
efficient value creation and about 40 % lower expenses
devoted to energy for lighting and mobile charging for
average residential households.
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Project
Phase
Environmental
and Social
Receptor
Positive Impacts
• Food security through climate resilient agriculture less
dependent on rains through irrigated crops and
refrigeration for better preservation of perishables
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7 POTENTIAL MITIGATION MEASURES
7.1 Introduction The key E&S risks and impacts identified as cross-cutting for the Program have
been identified and presented in previous sections.
Table 7.1 below presents appropriate mitigation and enhancement measures for
the key negative E & S impacts of the sub-projects. The ESMPs and RAPs of
individual sub-projects will draw from these mitigation measures. A generic ESMP
for individual sub-projects is provided in Annex 2.
Table 7.1. Examples of mitigation measures which could be applied to sub-projects selected for
funding
Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
Pre-
construction
Phase
Social
(Human)
Environment
Land use
• Loss of
Agricultural/livestock/other
productive use land
• Loss of homes, structures
other than homes, crops
and economic trees • Conflicts between farmers
and pastoralists with regard
to land
• Grievances due to land
resettlement and
compensation;
Preparation and
implementation of land
acquisition and resettlement
action plan in accordance
with the RPF (Annex 3)
Implementation of the RAP
which provides, among others,
the following:
Assessment of the initial value
of land improvements,
structures and crops;
Provision of compensation to
project affected people (PAP)
based on replacement cost
value of lost assets (i.e. no
depreciation).
Provision of
resettlement/relocation option
for those whose entire homes
are displaced.
Provides for differentiated
treatment/assistance to
vulnerable PAPs.
Construction
Phase
Biophysical
Environment Soils, Run-off and flooding Installation of sewage
treatment to meet required
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
• Pollution of groundwater
from discharges and
accidental releases during
construction of solar farm,
access roads and
transmission lines.
standards; hygiene training for
workforce.
• Interruption of drainage
patterns and lack of water
table replenishment, as a
result of ground clearance
and earthworks
Minimization of cleared areas
and soil disturbance, with
revegetation as soon as
feasible, with native species
Early installation and regular
maintenance of drainage and
diversion structures, silt traps
etc.; drainage outlets to
discharge into vegetated
areas if possible; vegetation
along watercourses and
drainage lines to be retained if
possible
Avoidance of areas liable to
flooding, slope instability and
water crossing where possible
Retention of top soil for
restoration (including tilling
and revegetation) as soon as
practicable.
Pollution of soils and water
• Drainage of construction
site /camp sewage
effluent polluting
watercourses.
Installation of sewage
treatment to meet required
standards; hygiene training for
workforce.
• Release of hazardous
substances during
construction, operation
(e.g. vehicle spills) leading
to soil, surface or
groundwater
contamination.
Materials handling and control
procedures
Control of construction vehicle
movements and prohibition of
vehicle washing in
watercourses, and similar
practices
Emergency response plans
during construction
(contractors and local
authorities) and operation
(local authorities)
Air Quality
• Dust from construction,
and other emissions during
construction and
operation (e.g. wildfires),
Sensitive siting of construction
facilities
Dust control and suppression
measures
Modern equipment with
meeting appropriate emissions
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
could affect human
health, crops and wildlife
standards and regular
preventative maintenance
No use of ozone depleting
substances during
construction
Noise and vibration
• Noise and vibration from
equipment, traffic and
activities during
construction solar farm,
access roads and
transmission lines (and
maintenance) at sites and
associated facilities, may
disturb sensitive noise
receptors (human and
fauna)
Sensitive siting of construction
facilities
Use of modern equipment
fitted with abatement devices
(e.g mufflers, noise
enclosures): good
maintenance regime
Strict controls of timing of
activities e.g any activities with
high noise emission; prohibition
on night working
Observance of seasonal
sensitivities ( e.g. breeding
seasons ), and alteration of
activity to reduce noise levels
at that time
Speed controls and other
traffic calming measures to
prevent excessive speed
around settlements/sensitive
receptors.
Resources and waste
• Construction and
operation will require
supply of water from
surface or groundwater,
which could affect existing
supply for human
communities and
ecosystems
Water supply prior to any
abstraction, to inform a
sustainable water
management plan
No abstraction without prior
approval of relevant
authorities at all locations
Promotion of water efficiency
(including leak detention,
preventative maintenance of
equipment) and water
recycling.
• Water requirements may
be high for
large/concentration solar
power plants (cooling
water is required for solar
concentration devices).
The use of a dry cooling
system instead of a wet
cooling system for
concentrated solar power
plants will reduces water
requirements
Promotion of water efficiency
(including leak detention,
preventative maintenance of
equipment) and water
recycling
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
• Inefficient waste
management during
construction and
maintenance leading to
excess materials
consumption, generation
of wastes/emissions, soil
and water pollution
Preparation of waste
management plan following
the waste hierarchy,
supported by staff training
Use of authorised contractors
for hazardous and any other
wastes which the project
cannot dispose of safely
• Loss, fragmentation and
degradation of habitat,
and severance of animal
migration routes and
pathways
• Land clearance for the
solar power plant and
upgrade/expansion of
existing plants may cause
loss or fragmentation of
protected areas and other
areas of conservation
interest and degradation
following poorly managed
rehabilitation.
Careful siting of all project
components, with advice from
biodiversity authorities/wildlife
specialists
Strict avoidance of sensitive
areas, critical natural habitats,
and protected natural habitat
or project locations where
activities would adversely
affect rare and endangered
animal species.
Wherever feasible,
establishment of buffer zones
around conservation areas,
watercourses and other
location identified as
ecologically sensitive and
avoidance or minimisation of
activity within these zones
Rehabilitation of cleared
areas with native species, and
ecosystem restoration in
habitat of conservation value,
using specialist advice and
input backed up by a long-
term monitoring programme
and corrective actions as
necessary.
• Severance of terrestrial
routes and watercourses
used for migration or for
access to feeding and
breeding areas (e.g. by
access roads)
Sensitive siting based on good
understanding of physical and
biological baseline conditions
Wildlife crossings for terrestrial
animals and design of
culverts/crossing structures to
avoid impacts on aquatic
animal movement.
• Construction (and to a
lesser extent operational
impacts) on habitats and
Where development in
sensitive areas cannot be
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
species from habitat
alteration and
degradation (e.g. from
changes in drainage, soil
erosion, pollution of water,
soils or air, introduction of
invasive species and
general human
disturbance)
avoided, mitigation may
include:
Minimisation of area
impacted, clear demarcation
of remaining intact areas of
habitat, and prohibition
activity into those areas for
any purpose
No ground clearance
upstream of sensitive areas
unless appropriately
engineered drainage installed
Habitat rehabilitation and
ecosystem restoration of areas
no longer required after
construction, as soon as
possible
If loss of critical habitat is
inevitable,
development/implementation
of an offsets programme
Also see measures under soils,
run-off and flooding and
pollution of soils and water
above and invasive species
below
Direct impacts on flora and
fauna
• Clearance of vegetation
may lead to loss of plant
species and habitat of
conservation interest
Careful site selection and
siting of all project
components with advice from
biodiversity authorities/wildlife
specialists
Careful planning of phasing
and timing of construction
activities
Demarcation and avoidance
of species of conservation
interest in work areas here
possible, otherwise transfer to
other suitable location if
possible, under expert
supervision
Also see measures under soils,
run-off and flooding and
pollution of soils and water
above and invasive species
below
• Solar power plants could
displace animals and
disturb their habitats, by
Careful siting of all project
components, with advice from
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
direct disturbance during
construction and
operation (e.g. from noise,
light disturbance at night,
general human presence)
biodiversity authorities/wildlife
specialists
Careful planning of phasing
and timing of construction
activities
Demarcation and avoidance
of areas of conservation of
interest (high value, species,
feeding or breeding sites,
migration routes etc.)
Invasive Species
• Movement of plant from
the arrival of workforce
into areas could introduce
invasive species which
adversely impact fauna,
flora, ecosystems, and
crops.
• Invasive Species
Management Plan, which
should be developed and
implemented in
consultation with
authorities, including
appropriate eradication
measures for different
species/groups of species.
• Staff training and
awareness raising in
communities.
• No introduction of exotic
species (e.g. for site
rehabilitation) without
specialist vetting and
government approval.
Social
(Human)
Environment
Physical and Economic
Displacement of People,
Property, Assets and
Resources
• Development of solar
power plants, especially
large ones, may physically
displace people, or lead
to the loss of assets, e.g.
land of agricultural or
other beneficial use
• Initial site selection taking
into account original land
use, preferentially
selecting land of minimal
value.
• Comparison of alternative
locations.
• Careful siting of all project
components,, and avoid
occupation of areas which
are inhabited or regarded
as of high value by
communities (e.g.
horticulture, community
orchards) where possible.
• Early development and
sensitive implementation
of resettlement planning,
in accordance with
national regulations and
international good
practice to compensate
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
for any losses (both
physical and economic.).
• Adoption of a Stakeholder
Engagement Plan, as a
framework for early and
ongoing community
consultation.
• Implementation of a
Grievance Procedure (see
Grievance Procedure and
Redress Mechanisms
guidance note).
Cultural Heritage
• Displacement or damage
to cultural heritage sites by
construction activities,
harm to the setting,
amenity value, etc. of the
site.
• Strict avoidance of
locations where the
project would displace,
alter or render inaccessible
important cultural heritage
sites, including historical
sites/monuments, graves,
churches and mosques.
• Transparent and culturally
appropriate
communication with
communities regarding
employment opportunities.
• Fair and transparent hiring
and staff management
procedures.
• Development of measures
to manage the transition
after construction is
complete, including SME
development, ongoing
opportunities for the
workforce in road
management and
maintenance, reskilling
and alternative
employment.
• Careful siting, taking
account of community
consultation and if
appropriate specialist
surveys.
• Implementation of a
“Chance Finds” procedure
during construction.
Community Health, Safety
and Security
• Procedures for sustainable
local procurement, in
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
• Poor construction
management practices
may lead to adverse
effects on safety, human
health and wellbeing.
consultation with local
authorities and community
leaders.
• Local capacity building to
foster community
resilience.
• Interaction between in-
migrant construction
workers and local
communities may increase
occurrence of
communicable diseases,
including HIV/AIDS and
sexually transmitted
diseases (STDs).
Conversely, migrant
construction workers could
be vulnerable to local
latent diseases.
• Good construction site
“housekeeping” and
management procedures
(including site access).
• Contractors to screen
workers for contagious
diseases and educate
them about local diseases.
• Campaign on disease
prevention.
• Disease control measures,
e.g. no pools of standing
water, rodent control,
treatment of water.
• Risk assessments and
emergency response
planning to consider
impacts on local
communities.
• Also see measures under
Soils, Run-off and Flooding,
and Pollution of Soils and
Water above.
• Implementation of a
health management
system for the construction
workforce, to ensure it is fit
for work and that it will not
introduce disease into
local communities.
• Training and awareness
training for workforce and
their dependents on
HIV/AIDS and other STDs,
and communicable
diseases including malaria;
health awareness raising
campaigns for
communities on similar
topics.
Landscape and visual impacts • Careful siting.
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
• The solar power plant,
especially if large, could
generate negative
landscape impacts.
• Landscaping design by
qualified personnel (e.g. a
landscape architect)
working closely with the
local communities and
other relevant parts of
government, e.g.
Department of Tourism.
Workforce-Community
Interactions
• Real or perceived
disruption to normal
community life, through
the physical presence of a
construction workforce.
• Conflicts and increased
criminality, including
possible increase in sexual
assaults on women
• Works procedures, defining
a Code of Appropriate
Conduct for all workers
• Training for all of
construction workforce,
and subsequently of
permanent staff, in
acceptable behaviour
with respect to community
interactions.
• Contractors should
maintain good community
relations, undertake
periodic dialogues and
coordinate its activities
with the local
communities.
Operation
Phase
Biophysical
Environment
• Hazardous wastes from
damaged PV panels,
inverters and batteries;
• Soil contamination from
release of hazardous
materials
• Groundwater contamination
from waste water and
hazardous chemicals;
• Over-extraction (depletion)
of ground water reserves for
operational activities
especially for panel washing
during dry seasons;
• Solar systems can pose risks to
wildlife especially birds that
may confuse solar panels
with water bodies. This could
result in the loss and
reduction of the local birds’
population;
• Implement Extended
Producers Responsibilities
and buy back clause on
the supply of PV panels,
inverters and Batteries
where the producers can
take them back and
dispose properly.
• Hazardous wastes should
be disposed through
licensed waste collector
with due diligence on their
final disposal.
• Installation of sewage
treatment to meet
required standards;
hygiene training for
workforce.
• Activities capable of
contaminating ground
water through the use of
hazardous chemicals shall
be carried out at the
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
appropriate places mostly
on impervious surfaces.
• Demarcation and
avoidance of areas of
conservation of interest
(high value, species,
feeding or breeding sites,
migration routes etc.)
Social
(Human)
Environment
• Increased potential of fire
outbreaks due to failure of
electrical installations;
• Potential for fire outbreak due
to failure of electrical
installations;
• Risks of occupational
accidents and injuries to
workers including exposure to
hazardous chemicals,
electrocution and fall from
high positions.
• Risks of theft cases in
absence of adequate
security measures
Local communities are
unable to benefit from the
electricity produced by the
project because local
communities are not
connected to the grid or not
served by electric utilities.
• Ensure electrical installations
are carried out safely and
properly.
• Provide firefighting
equipment to cover all areas
of electrical installation
• Develop an Occupational
Health and Safety Manual
and make it available to all
workers.
• Implement the OHS manuals
and training s for workers on
its implementation.
• Provide and enforce the use
of Personal Protective
Equipment
• Prepare and Implement
project specific security plan
which will key into the
existing government security
architecture.
• Project operator to provide
alternative program to
enable local communities to
share with the benefits of the
project.
7.2 Approach to Environmental and Social Risk and Impact Mitigation The management of E&S impacts will draw from the GCF ESS/IFC Performance
Standard requirements and applicable AfDB ISSs.
Each sub-project under the Program will be required to conduct a detailed E&S
assessment in accordance with international standards, which will include
mitigation measures that draw from the results of the assessment and good
international industry practice.
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Projects considered for financing under the Program will undergo the E&S due
diligence and appraisal process detailed in this ESMF and will be evaluated
against the requirements of:
• the IFC Performance Standards/GCF ESS
• AfDB ISSs
• the WBG Environmental, Health and Safety (EHS) General Guidelines
• relevant EU Directives and Guidance Notes
The application of these different guidelines and best practices will be informed
by the country-specific and site-specific characteristics of the sub-projects and
will be in line with Nigerian regulations.
It is expected that sub-projects to be funded by the Program will be Category B
(or Category 2) projects. None of the sub-projects are expected to physically
displace a significant number of people; the impacts would be mostly on loss of
agricultural/pasture lands which depends on the land requirements of the project
(which is about 2 – 4 hectares per megawatt capacity). Impacts on cultural
heritage sites or structures as well as on natural habitats will be strictly avoided
through site selection/realignment.
In terms of indigenous peoples, the sub-projects located in areas where the host
communities qualify as indigenous peoples as defined under World Bank Policy
OP 4.10, should be required to undertake and present evidence of the conduct
of free and prior informed consultation and broad community support, as well as
demonstrate that the communities are in fact benefited from the sub-project in
terms of access to electricity or by other programs to be provided by the sub-
project. To ensure that these are fulfilled and the key issues are addressed, the
following eligibility criteria have been included in the Screening Checklist/Form
(see Annex 1A) to be used in screening the 13 prospective IPP projects:
The Program will not favorably consider sub-projects that:
1. Would displace or involve relocation of more than 50 homes or a
population of more than 200;
2. Would encroach or be located inside a protected area of natural habitat;
3. Would displace, modify or render inaccessible any important Cultural
Heritage site or structure, including important historical and religious
sites/structures;
4. Would be located in the territory of any historically underserved traditional
ethnic community or indigenous people (as defined by World Bank OP 4.10)
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territory, but does not provide benefit to the communities in terms of access
to electricity or in terms or in terms of some other plan; and,
5. Is assessed to be Category A or Category 1 based on IFC/GFC and AfDB
Categorization, respectively.
Subprojects that meet these criteria will be required to undertake E&S assessment,
and prepare and submit pertinent safeguards instruments, particularly ESIAs with
Environmental and Social Management Plans (ESMP) which includes as
attachment, as necessary, other special plans such as RAPs and Stakeholder
Engagement Plans (SEP). The types and extent of the assessments and
documentary requirements will be determined during the E&S Screening. An
indicative and non-exhaustive list of potential mitigation measures which could
be applied to any of the sub-projects in the Program is presented in Annex 2.
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8 ENVIRONMENTAL AND SOCIAL MANAGEMENT
PROCEDURES AND REQUIREMENTS
8.1 Environmental, Health and Safety Guidelines to be implemented
by the Program In order to ensure E & S considerations are carefully identified and mainstreamed
in all the sub-projects of the Program, the AFC, IFC and AfDB Operational
Safeguards will be adopted.
Internationally accepted guidance on environmental, social, health and safety
mitigation measures for renewable energy projects can be found in relevant EU
Directives and Guidance Notes, as well as the WBG EHS Guidelines. These
guidelines will be adopted as part of the design and implementation of the
ESMPs, as well as other applicable E & S risk management tools for all sub-projects
considered under the Program.
The EHS Guidelines contain the performance levels and measures that are
generally considered to be achievable at reasonable cost by commercially
available technology. The discharged effluent, air emissions, and other numerical
guidelines and performance indicators, as well as other prevention and control
approaches included in the EHS Guidelines, are considered to be default values
applicable to new projects, though the application of alternative performance
levels and measures may be considered.
The General EHS Guidelines include guidance on a comprehensive range of
environmental, occupational health and safety, community health and safety
and construction and decommissioning topics. They should be used in parallel
with the accompanying Industry Sector EHS Guidelines.
The General EHS Guidelines are summarized in the Table belowbelow.
Table 8.1. Summary of WBG/IFC General EHS Guidelines
1 Environmental 2 Occupational Health and Safety
1.1 Air Emissions and Ambient Air Quality 2.1 General Facility Design and Operation
1.2 Energy Conservation 2.2 Communication and Training
1.3 Wastewater and Ambient Water
Quality 2.3 Physical Hazards
1.4 Water Conservation 2.4 Chemical Hazards
1.5 Hazardous Waste Management 2.5 Biological Hazards
1.6 Waste Management 2.6 Radiological Hazards
1.7 Noise 2.7 Personal Protective Equipment (PPE)
1.8 Contaminated Land 2.8 Special Hazard Environments
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2.9 Monitoring
3 Community Health and Safety 4 Construction and Decommissioning
3.1 Water Quality and Availability 4.1 Environment
3.2 Structural Safety of Project
Infrastructure 4.2 Occupational Health & Safety
3.3 Life and Fire Safety (L&FS 4.3 Community Health & Safety
3.4 Traffic Safety
3.5 Transport of Hazardous Materials
3.6 Disease Prevention
3.7 Emergency Preparedness and
Response
Source: IFC/WBG (2007). Environmental, Health, and Safety General Guidelines. 30 April 2007.
Available at https://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final+-
+General+EHS+Guidelines.pdf?MOD=AJPERES [Accessed 02/12/18]
8.2 Environmental and Social Due Diligence Process (ESSD) All sub-projects to be funded under the Program will be required to comply with
Nigerian environmental laws and regulations. In addition, based on the
equivalence analysis in Section 3.6, each sub-project will also comply with the IFC
Performance Standards/GCF ESS and AfDB Operational Safeguards.
The Program will be guided by AFC’s ESDD approach, detailed in table below.
Table 8.2. AFC’s approach to ESDD on the selected sub-projects
Project
Category ESDD process and monitoring requirements
Category
A projects
For Category A projects, assistance of an external expert is mandatory. The most
important element of the ESDD is to determine the gaps between the current E&S
performance and the benchmark performance/reference standards (IFC
Performance Standards, World Bank EHS Sector Guidelines and the AFC’s E&S
requirements). The gap analysis with regard to these requirements is considered
crucial to ensure that the client is managing E&S risks in accordance with local or
internationally recognized E&S risk management standards and laws (whichever is
more stringent).
The gap analysis must be provided by a qualified external expert. It must lead to
the formulation of a reasonable action plan, which describes all the actions
necessary to achieve AFC’s E&S requirements in a given time frame after factoring
in the criticality of the E&S risks.
The ESDD for Category A projects involves the following steps:
• Requiring the client to fill in AFC’s E&S Questionnaire;
• Handing over to the client the relevant, sector-specific Sector
Guidelines
• Requiring the client to prepare a gap analysis between client’s performance
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and the performance defined in the IFC Performance Standards and World
Bank EHS Sector Guidelines with the help of an external expert;
• Collecting and studying original ESIA documents or other relevant documents;
• Carrying out research on potential risks/non-governmental organizations’
(“NGO”) interest;
• Site visit by an external E&S
consultant; and
• Preparing a CESAP if the AFC’s E&S requirements are not met (based on the
gap analysis’s findings).
Category
B projects
For Category B projects, the AFC E&S Due Diligence Questionnaire and E&S sector-
specific Questionnaire is used to assess the E&S impacts and risks. If any red flag
issues become apparent, further investigations are initiated and external
consultants’ involvement may be necessary. If considered necessary by the E&S
Risk Officer or external consultant, a Client E&S Action Plan (CESAP) and mitigatory
activities, leading the client to eventual compliance with AFC’s E&S requirements
must be developed.
The ESDD for Category B projects involves the following steps:
▪ Requiring the client to fill in AFC’s E&S Due Diligence Questionnaire and the
E&S
▪ sector-specific Questionnaire;
▪ Collecting and studying original Environmental and Social Impact
Assessment
▪ (“ESIA”) documents or other relevant documents (audit reports, etc.)
▪ Carrying out research on potential risks / potential NGO interest;
▪ Optionally - visit the site;
▪ Optionally - preparing a CESAP if the AFC’s E&S requirements for Category
B projects are not met; and
▪ Optionally - assistance of an external expert.
Based on the ESDD, the ESRO will prepare an Environmental and Social Review
Summary report (“ESRS”), containing the various mitigation measures.
Category
C projects
For Category C projects, no extensive ESDD is necessary. Compliance with E&S
laws is checked, and a reputational risk screening is conducted.
The 13 sub-projects that have expressed interest to participate in the Program
have already been requested to submit information about the E&S aspects of
their respective sub-projects. The following are the key activities of the due
diligence process:
1. E&S Screening. All 13 sub-projects will undergo E&S Screening using the
Checklist/Form provided in Annex 1A based on the initial information
provided. The screening will apply ES-related eligibility criteria discussed
above. The screening will contribute to the shortlisting of sub-projects, along
with technical and financial criteria under the project selection process
described in Table 2.3. The screening will confirm the project risk category
and identify critical risks/issues associated with the sub-project, thereby
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focusing the due diligence on few key issues. It will also determine the types
and terms of references of the assessments (ESIA) and E&S management
plans.
2. E&S assessments and preparation of ESMPs and other E&S documents.
Shortlisted sub-projects will be requested to undertake assessments and
preparation of plans (if they have not done so yet) and submit these
documents to AFC. The results of the E&S Screening will determine the
extent of assessments and plans to be required.
3. Review of Safeguards Documents. AFC will review all the safeguards
documents/instruments (ESIA, RAP, SEP) submitted by the sub-project
proponent and determine if they are compliant with the IFC/GCF
Standards. The review shall assess whether the issues identified in this ESMF
and the attached RPF have been adequately addressed by each sub-
project. In the course of the review, AFC will identify any remaining
requirements, including additional information, assessments or studies,
plans, activities (e.g. additional stakeholder consultation), or any specific
management measure, including hiring safeguards E&S specialists and
training requirements. The review may involve validation visits.
Disclosure and Decision. In relation to each Category B project to be
funded under the Programme, the AFC shall disclose the Environmental
and Social Impact Assessment (ESIA) and Environmental and Social
Management Plan (ESMP) and, as appropriate, inclusive of the
Resettlement Action Plan (RAP), and any other associated information
including those relevant to indigenous peoples required to be disclosed in
accordance with the GCF Information Disclosure Policy (Project Disclosure
Package).
AFC shall disclose the project safeguards information 30 calendar days (for
Category B projects) in advance of AFC’s decision confirming the
commitment to fund the sub-project that has been categorized as
Category B, in English and the local language (if not English), on its website
and in locations convenient to affected peoples. AFC shall provide the
Project Disclosure Package to the GCF Secretariat for further distribution to
the Board and Active Observers and for posting on the GCF website. Within
180 days of the GCF Board approval of the Programme, AFC and the GCF
Secretariat shall agree on a process to enable communication of any
comments, including from the GCF Board members and Active Observers,
on Category B projects relating to the Project Disclosure Package to the
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AFC and to take account of such comments in the finalization of such
documents.
4. Pre-Construction Phase Compliance Monitoring. The borrower will
implement the E&S management plans (e.g. EMPs, RAPs, SEPs) starting
during procurement of works. The borrower will also ensure that measures
in the ESMPs pertaining to construction is included in the contracts with
contractors and subcontractors. During this time the borrowers will required
to submit quarterly compliance reports to AFC. If necessary, AFC will
conduct site visits to check on the implementation of the RAP, if any and
ensure contracts with contractors include provisions for the implementation
of construction-related measures of the ESMP.
5. Construction Phase Compliance Monitoring. During construction, the
borrower will implement the construction-related measures in the ESMP and
ensure that contractors comply with E&S provisions in the contract including
compliance with occupational health and safety standards. During
construction phase, the borrower is required to submit quarterly
compliance report to the AFC. AFC will undertake semi-annual missions to
conduct E&S audit and monitor project compliance with the ESMP, RAP,
SEP and other plans.
6. Compliance Monitoring during Operation Phase. The sub-project
proponents will be required to submit annual compliance reports to AFC.
AFC shall review these reports and, if needed, conduct field validation.
The AFC as AE will have overall responsibility for the implementation of the E & S
tools detailed in this ESMF on sub-projects selected under the Program.
The overall process to be implemented for E&S management of each sub-project
is depicted in the flowchart below.
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Figure 8.1. ESMF Process
A detailed description of the approaches to be adopted in relation of E & S
management at each stage of the overall sub-project cycle (i.e. project
identification, preparation, appraisal, implementation and completion) is
presented below.
8.3 Environmental and Social Identification and Preliminary
Assessment (Environmental Screening and Scoping)
The Environmental and Social Screening will include, aside from the eligibility
criteria, screening for sub-project categorization, the GCF ESS/IFC PSs triggered
standards, AfDB ISSs, and specific E & S aspects in each sub-project. The E&S
screening for the sub-project categorization will be done with reference to the
checklist available in Annex 1A (E & S Screening: Categorisation) of this ESMF
document. Ideally, the E&S safeguard screening shall occur during the project
Operations Phase: Implementation of operations phase ESMP measures by project operation/owner; Compliance Monitoring by AFC/AfDB.
Construction Phase: Implementation of construction related measures in the ESMPs by the borrower; Compliance monitoring by AFC/AfDB.
Preconstruction Phase: Implementation of RAPs, Inclusion of relevant measures in the ESMP in the contractors’ contracts by the borrower; Compliance Monitoring by AFC/AfDB.
Review of ESIA by AFC/AfDB
Assessments and preparations of Plans by the borrower
E&S Screening by AFC/AfDB
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preparation stage as a soon as a fairly accurate site location is known for the sub-
project.
The results of the screening process will help identify the scope of the ESA studies
and timeframe required for obtaining the regulatory clearances (if any). The
formulation of the sub-project specific terms of reference will be done based on
the screening outputs highlighting E&S components that require detailed
assessment during the ESIA stage.
However, for this Program, E&S Screening will be undertaken after the 13 sub-
projects have provided requested initial E&S information (Stage 2 in the selection
process). It is anticipated that some of the sub-projects already have ESIAs and
other safeguards documents based on the Nigerian country safeguards system
and possible agencies other than AfDB and IFC. In such cases, E&S Screening to
be undertaken under this ESMF, aside from screening out high risks (Category A)
projects, will help identify remaining key issues that have not been adequately
addressed in the ESIA as well as any remaining requirements with respect to the
AfDB/IFC/GCF Standards.
8.4 Environmental and Social Impact Assessment (ESIA) Studies
For sub-projects that have not yet undergone an ESIA, the Program will use the
AfDB’s ESA as the tool for ensuring that E&S aspects are considered during
decision making – by influencing design to avoid /minimize, and where
unavoidable mitigating the residual adverse impacts and/or enhancing positive
impacts.
The outline contents for each ESIA under the sub-project shall be in accordance
with local legislation and also adhere to GCF, IFC and AfDB requirements.
The Environmental Assessment studies will take into accounts the lender
safeguard as well as the local requirements as outlined in the Nigerian
Environmental legislations. The typical scope of work for the preparation of ESIA
and related studies include the following:
i. Defining the scope and contents of ESA study in line with the already
completed screening, and the lender requirements
ii. Obtaining information from primary or secondary sources regarding the
current conditions of E&S features within the influence area of the sub-
project (review of baseline).
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iii. Carrying out effective stakeholder consultations, including along the
proposed sub-project impact zone. This shall also include landless laborers
/ marginalized communities whose livelihood may be impacted due to sub-
project.
iv. Identifying feasible alternatives for proposed layout changes, use of
alternative technologies, etc. in close collaboration with the Design team.
v. Identifying and estimating quantitatively (to the extent possible), key
impacts and classify these for ease of understanding and determination of
significance (by severity, duration, project phase, etc.)
vi. Selecting measures that can help manage these impacts in cost effective
manner – reduce the negative ones; and enhance positive ones and
estimate the residual impacts, including those that may need further study.
vii. Clarifying the institutional arrangements, any capacity building needs, and
resource requirements including grievance redress mechanism and
budget as part of the preparation of E&S management plan.
Having identified the probable adverse impacts, the next step shall involve
quantification of the impacts and develop E&S action plans to mitigate such
adverse impacts.
For sub-projects that already have ESIAs conducted under the Nigerian country
system and other agencies, the borrower will fill in the gaps with respect to the
requirements of the AfDB/IFC/GCF standards, including additional assessments,
management plans, consultations, documentation and specific management
measures, among others. These gaps and additional requirements will be
identified during the E&S Screening and ESIA review to be undertaken by AFC.
8.5 Environmental and Social Management for the Program
8.5.1 Environmental and Social Management Plans (ESMP)
Environmental and Social Management plans are the key tools to structure
projects to ensure that E & S impact mitigation measures are effectively
implemented during the construction, operational and decommissioning phases
of the project. They are also a key tool to support the process of monitoring the
environmental performance of a project throughout its lifecycle.
The borrower is required to take into account the findings of the E&S assessment
process and the outcomes of stakeholder engagement in order to develop and
implement a programme of actions to address the identified E&S impacts and
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issues of the project as well as to determine any performance improvement
measures to meet the required E&S standards.
Depending on the sub-project, the programme of actions may consist of a
combination of documented operational policies, management systems,
procedures, plans, practices and capital investments, collectively known as
Environmental and Social Management Plans (“ESMP”). Components of such
plans or programmes may include, for example, Environmental Management
Plan (EMP), Stakeholder Engagement Plans, Biodiversity Action Plans, Emergency
Response Plans, Resettlement Action Plans (RAP), Livelihood Restoration
Frameworks (LRF), Indigenous Peoples’ Development Plans, Human Rights Action
Plans, and/or other specific plans. These studies may be incorporated in the
relevant E&S Assessment document (e.g. ESIA), constituting the ESMP of the
report. Alternatively, these plans may be stand-alone documents.
Where the sub-project does not meet the requirements of the Program by
financial closure, despite efforts to comply during the project appraisal/review
period , the borrower and AFC will in addition to the ESMP agree on an
Environmental and Social Action Plan (ESAP) or a covenant, which spells out
technically and financially feasible and cost-effective measures for the sub-
project to achieve compliance with the safeguard requirements of the program
within a time frame acceptable to the AFC. The ESAP is the key tool to structure
projects to meet Program E&S requirements, as a key instrument for monitoring of
the sub-project’s ongoing E&S performance.
8.5.2 Other Instruments for E&S Management
A series of E&S instruments (templates) have been designed for use to systematize
the E&S activities that will be developed along the project cycle, organize the
processes, and keep records of the process.
The management instruments identified for the different stages of the sub-project
cycle are the:
i. Environmental and Social Screening Form (ESSF) (Annex 1A);
ii. Environmental and Social Monitoring Report (ESMR) (Annex 1B) ;
iii. Environmental and Social Final Report (ESFR) (Annex IC).
iv. Quarterly Environmental and Social Implementation reports (Annex 1C)
The ESSF, ESMR, and ESFR are internal tools to be used in daily routine activities,
while the Quarterly Implementation reports are external documents to be shared
with AFC and AfDB. Annex 1 contains templates of these internal management
instruments.
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The specific details of each of these reporting instruments are presented the table
below.
Table 8.3. ESMP Reporting Instruments
Project Stage Reporting
Instrument Description
Identification
Stage
Environmental
and Social
Screening Form
The ESSF is the first management instrument to be created by
the developers during the first stage of the project cycle
(Identification Stage) to identify the potential E&S risks, their
categorization, and the level of E&S studies required by the
sub-project to be conducted during the assessment stage.
Implementation
Stage
Environmental
and Social
Monitoring
Report
The report can be during works execution to follow up and
monitor the implementation of the E&S measures identified in
the ESMPs. The ESMR contains basic information about the
periodic field visits, the persons who visited the sub-project, the
E&S aspects observed during the site visit, and
recommendations for the developers/contractor.
Quarterly
Implementation
Reports
The Client will be required to prepare Quarterly
Implementation reports on the E&S performance of the
project, including updates on the implementation of the E&S
Management and/or Action Plans. The reports will be
submitted to the AFC and AfDB for review purposes.
Environmental
and Social Final
Report
The ESFR is the fourth and final management instrument and
can also be used once the sub-project’s works execution has
ended to verify compliance with the E&S measures agreed
upon in the plans.
8.5.3 Studies for environmental and social management
To comply with national environmental law and safeguards, all infrastructure
projects (such as those associated with the Program) must go through an E&S
assessment process.
8.5.4 Environmental and social studies required by national (Nigerian) legislations
The ESIAs to be undertaken for each of the sub-projects within the Program will
need to comply with all applicable E&S legislation in Nigeria.
8.5.5 Environmental and social studies required by the IFC Performance Standards
and AfDB Operational Safeguards
If policy or standards related to involuntary resettlement is triggered, a full
Resettlement/Compensation Action Plan or Abbreviated
Resettlement/Compensation Plan must be developed. The guidelines to prepare
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these instruments are found in the RPF presented as an annex to this ESMF (Annex
3).
The program will not fund projects that would displace, alter or render
inaccessible any cultural heritage site or structure. However, in case of chance
archaeological and/or paleontological finds during construction, the project is
required to develop and adopt, as part of its ESMP, a Chance Find Procedure
based on local and national laws and regulations. A Draft Chance Find
Procedure is included in Annex 1D.
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8.6 Environmental and Social Monitoring
This section of the ESMF outlines the approach to be used by AFC and AfDB for
monitoring E&S performance on selected sub-projects considered in the Program.
As the AE, AFC will have overall responsibility for the application for the risk
management tools detailed in this ESMF to the selected sub-projects. The E & S
tools to be applied will ultimately depend on the category assigned to the
selected sub-project.
The monitoring activities for each sub-project are determined on the basis of the
E&S risks and impacts associated with the sub-projects identified during the E&S
assessment. They may also reflect any significant stakeholder concerns and
include an E&S project completion review or audit, where relevant. As a minimum,
AFC reviews the Quarterly Implementation reports prepared by clients on the E&S
performance of the sub-project, including updates on the implementation of the
E&S Management and/or Action Plans. AFC may also, as necessary, undertake
site visits to review the compliance of the project with agreed E&S requirements.
Under the Program, with AFC as AE, external consultants may also be used to
ensure compliance with the ESMF requirements, as well as the safeguard
requirements of the AFC, GCF and AfDB.
If the client fails to comply with its E&S commitments, as set out in the legal
agreements, the AFC may agree with the client remedial measures to be taken
by the client to achieve compliance. If the client fails to comply with the agreed
remedial measures, AFC may take such action and/or exercise such remedies
contained in the financing agreements that it deems appropriate. AFC will also
review with the client any performance improvement opportunities related to
sub-projects.
On the other hand, monitoring arrangements for sub-projects proponents will be
categorized into two categories.
i. Firstly, routine E&S Monitoring reports which will be prepared during the
works execution to gauge for implementation of agreed
parameters/aspects in the mitigation plans.
ii. Secondly, Quarterly Monitoring reports, will be used.
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9 STAKEHOLDER ENGAGEMENT AND GRIEVANCE
MANAGEMENT
9.1 Stakeholders’ Consultation and Engagement The AFC and AfDB recognize the importance of open and transparent
engagement between clients, workers, local communities directly affected by
sub-projects and, where appropriate, other stakeholders as an essential element
of Good International Practice and corporate citizenship. Such engagement is
also a way of improving the E&S sustainability of sub-projects. In particular,
effective community engagement, appropriate to the nature and scale of the
sub-project, promotes sound and sustainable E&S performance and can lead to
improved financial, social and environmental outcomes, together with enhanced
community benefits.
Stakeholder engagement is central to building strong, constructive and
responsive relationships which are essential for the successful management of a
sub-project’s E&S impacts and issues.
In this Program, consultation shall be tailored to the language preferences of the
affected communities, their decision-making process, and the needs of
disadvantaged or vulnerable individuals or groups. The emphasis will be whether
the affected communities are “in support of the sub-project” and not about
whether there is a lack of opposition to a sub-project. Consultation will be
expected to provide opportunities for affected communities to express their views
on sub-project risks, impacts and mitigation and management measures, and
shall allow the borrower or client to consider and respond to them in ways that
facilitate the realization of community support.
As part of the realization of the sub-projects under the Program, proponents will
engage mechanisms to ensure Free, Prior and Informed Consultation (FPIC) has
been conducted, and Informed Consultation has been enabled throughout the
project cycle. FPIC and Informed Consultation shall be assessed through a
number of factors and indicators including:
i. sub-project’s proponent strategy, policy or principles of engagement. This
will be detailed in the proponent’s ESMS
ii. stakeholders’ identification and analysis
iii. mechanism of community engagement
iv. consultation FPIC
v. information disclosure
vi. informed participation
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vii. vulnerable groups consultation and mitigation
viii. grievance mechanism-structure, procedure, and application
ix. feedback to the affected parties
Consultation will be considered an ongoing process, not just as a step in the
procedures for obtaining sub-project approval. It shall begin at the project
identification stage, or at least at an early stage during project preparation, and
shall continue throughout the life of the sub-project through to construction,
operation and decommissioning. As the Bank recognizes local requirements in
addressing E & S considerations, stakeholders’ consultation and engagement will
also incorporate the requirements of consultations when undertaking the ESA
studies as prescribed by Nigerian environmental legislation such as the EIA Act
Cap E12 LFN of 2004.
The results of the consultation should be adequately reflected in the project
design and in the project documentation. The affected communities are given
the opportunity to participate in key stages of project design and
implementation. Therefore, stakeholders will be consulted to obtain their input into
the preparation of the draft terms of reference of the E&S assessment and
associated Environmental Assessment studies ie. Draft ESIA report and summary
and the draft ESMP. Consultations will be conducted with the objective of
ensuring that the sub-project has broad community support and that affected
people endorse the proposed mitigation and management measures. When the
borrower or client has identified vulnerable communities that would potentially
be affected by the sub-project, the borrower/client engages in meaningful
informed consultation and participation with the vulnerable communities,
beginning as early as possible in the project cycle before the sub-project is
submitted for project financing approval.
The client, the AFC and the AfDB will make available to the public the ESIA
documents. The procedures require the public disclosure of summaries in
accordance with specified deadlines. The disclosure requirements for both the
AFC and AfDB, which must be met by the sub-projects are presented in Section
3.7.
9.2 Consultations Related to Involuntary Displacement A RAP or Abbreviated Resettlement Action Plan (ARAP) should be prepared
under a development approach that addresses the livelihoods and living
standards of displaced persons, as well as compensation for loss of assets, using a
participatory approach at all stages of project design and implementation. As
highlighted before, the sub-project is expected to have minimal displacement
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and thus only ARAP is anticipated to be used to address issues of involuntary
displacement.
Displaced persons and host communities should be meaningfully consulted early
in the planning process and encouraged to participate in the planning and
implementation of resettlement programs. The displaced persons should be
informed about their options and rights pertaining to resettlement. They should be
given genuine choices among technically and economically feasible
resettlement alternatives. In this regard, particular attention should be paid to the
location and scheduling of activities. In order for consultation to be meaningful,
information about the proposed sub-project and the plans regarding
resettlement and rehabilitation must be made available to local people and
national civil society organizations in a timely manner and in a form and manner
that is appropriate and understandable to local people. As well, careful attention
should be given to the organization of meetings. The feasibility of holding
separate women’s meetings and fair representation of female heads of
households, in addition to mixed meetings, should be explored. Also, the way in
which information is disseminated should be cautiously planned as levels of
literacy and networking may differ along gender lines.
Particular attention should be paid to the needs of disadvantaged groups among
those displaced, especially those below the poverty line, the landless, the elderly,
women and children, and ethnic, religious and linguistic minorities; including those
without legal title to assets, female-headed households. Appropriate assistance
must be provided to help these disadvantaged groups cope with the dislocation
and to improve their status. Provision of health care services, particularly for
pregnant women and infants, may be important during and after relocation to
prevent increases in morbidity and mortality due to malnutrition, the
psychological stress of being uprooted, and the increased risk of disease;
AFC will support borrower’s efforts on sub-projects involving involuntary
resettlement through:
i. assistance to the executing agencies to adopt and operationalise
objectives and principles of this policy;
ii. assistance in formulating and implementing resettlement policies, laws,
regulations, specific plans and strategies; and
iii. direct financing of the investment costs of resettlement.
AFC will also support the capacity building, as required of executing agencies to
plan and implement involuntary resettlement in all sub-projects and provide
technical assistance to strengthen the organizational, managerial and
implementation capacity of agencies responsible for resettlement including
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strengthening the environmental, social, economic and technical expertise of
these agencies.
9.3 Program Grievance Redress Mechanism (GRM) The Program will adopt the AfDB’s approach to resolving grievances on sub-
project interventions. This is described in Table 9.1 below:
Table .9.1. AfDB Grievance Redress Mechanism Approach
The AfDB defines project GRM as a systematic process for receiving, evaluating
and facilitating resolution of affected people’s project-related concerns,
complaints and grievances about the borrower’s/client’s social and
environmental performance on a project. AfDB requires its clients to be aware
of and respond to stakeholders’ concerns related to the project in a timely
manner. For this purpose, the client will establish an effective grievance
mechanism, process, or procedure to receive and facilitate resolution of
stakeholders’ concerns and grievances, in particular, about the client’s E&S
performance.
In OS 1, the Bank requires the borrower/client to establish a “credible,
independent and empowered local grievance and redress mechanism to
receive, facilitate and follow up on the resolution of the affected people’s
grievances and concerns regarding the E&S performance of the project. The
local grievance mechanism needs to be sufficiently independent, empowered
and accessible to the stakeholders at all times during project cycle and all
responses to grievances shall be recorded and included in project supervision
formats and reports.”
Some Bank operations may inevitably have the potential to impact the local
population’s well-being. The aim of a project GRM is, therefore, to enable
people fearing or suffering adverse impacts to be able to be heard and
assisted. People potentially or actually affected by a Bank-funded project need
a trusted way to voice and resolve project related concerns and the project
needs an effective way to address affected people’s concerns. The GRM
provides a structured and managed way of allowing the concerns of affected
people to be heard and addressed, including by the borrower’s/client’s project
management staff and in certain circumstances, by Bank staff.
The main advantages of establishing and maintaining an appropriate GRM
linked to a Bank-funded project are:
• Helping maintain good development conditions in the field, conducive
to harmonious, sustainable development.
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• Minimising the risk of violent or otherwise destructive behaviors, and the
associated economic and social costs.
• Helping to protect the most vulnerable local groups and individuals.
• Alleviating the risk of dispute or conflict escalation, such as cases being
brought to the Bank’s Independent Review Mechanism.
The process by which the GRM is designed should be integrated into the overall
approach to project preparation as prescribed in the Bank’s ISS. The Bank ISS
through its (IESIA) Guidelines Notes provides guidance on development and
Implementation of GRM. It should also be included in the concrete actions
required in the ESMP for Category 1 projects and on a case by case basis, for
Category 2 projects that exhibit specific potential social tensions, in particular
risks of mismanagement of compensation/resettlement schemes or the
presence of particularly vulnerable groups in the project’s area of influence.
a. Independent Review Mechanism (IRM) AfDB has also established its own accountability mechanism, the Independent
Review Mechanism (IRM). The IRM seeks to assess whether a Bank approved
project complies with relevant the AfDB’s ISS. The IRM makes itself accessible to
any group (a minimum of 2 persons living in the project’s area of influence)
actually or potentially negatively affected by a Bank-funded project. The IRM
reports to the Bank’s Board of Directors and is thus independent of Bank
management. So far, the IRM has received approximately six requests for
intervention. Based on the World Bank’s Inspection Panel experience, dating
back to 1993, which has processed 80 requests since then, the IRM is likely to
intensify its activities during the coming years.
The IRM has been set up by the Bank to achieve more transparency. It is also a
costly mechanism to trigger. The establishment of local GRMs can help to
alleviate the need for plaintiffs to resort to the IRM, while problem-solving can
be more rapidly and cost-effectively done locally. The cultural context in which
GRMs operate also helps to defuse complaints and to find appropriate and
commensurate solutions.
b. GRM at project level The GRM in the Program will be established under the guidance provided in the
Bank’s ISS through its IESIA Guidelines Notes. The first step is to determine the
primary goal of the GRM which would generally be to resolve specific
grievances in a manner that meets both project management and community
needs, but with important local variations. The scope of the grievances that
may legitimately be brought forward by the communities and/or individuals
affected shall be defined in advance. That scope will generally cover most, if
not all, of the issues raised in a typical E&S Assessment: natural resources,
pollution, cultural property, land acquisition, the income of resettled/displaced
populations, the welfare of vulnerable groups, etc.
The second step is to design the GRM by:
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1. Preparing a preliminary design.
2. Selecting ways and means to receive, register, assess and respond to
grievances.
3. Select grievance resolution approaches.
4. Design a means to track and monitor grievances.
5. Develop the grievance mechanism infrastructure.
6. Review and refine the design.
At sub-project level, within the Program, the design of GRM may be done with
the assistance of the specialized Independent consulting team as part of the
ESIA or associated studies and assessments. The GRM shall be designed based
on the following principles:
• Involvement of individuals of mixed levels and functions from the entity
(e.g., operations, environmental affairs, community relations, legal affairs,
contractors). Staffing the design team from just one function such as
community relations or human resources is unwise.
• The inclusion of a balanced group of representatives from the
community, representing the range of constituencies and demographics
that will be using the grievance mechanism, while keeping the team
small enough to be responsive.
• GRM Relying upon clear terms of reference and a work plan that outlines
team goals, roles, and responsibilities, level of decision-making authority,
reporting lines, tasks, time frame, and products.
• Making the use of multiple channels (e.g., face to face, phone
conversation, mail, text or e-mail, message on a dedicated website),
sensitive to cultural customs and traditional methods that may influence
or impede the expression of grievances.
• The existence of a central point of contact that will receive complaints
and log them into a central register.
• Existence and operation of designated complaint resolution staff.
• Processes for acknowledging the receipt of a grievance and informing
the complainant about the time frame in which a response can be
expected.
9.4 Appointing members of Grievance Redress Committees (GRC) The Program will involve the formulation of a Grievance Redress Committee
(GRC) at project level, i.e. GRM staff, for handling grievances. Generally, all
project staff, the management staff of agencies involved in the project, and
government administrators will take on grievance handling as a responsibility. The
GRC members should be qualified, experienced, and competent personnel who
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can win respect and confidence of the affected communities. It is also important
to maintain a gender balance within the GRMs. Criteria for selecting members of
GRCs could include the following:
• Knowledge of the project, its objectives, and outcomes
• Technical knowledge and expertise to understand project design and
requirements;
• Understanding of the social, economic, and cultural environments and the
dynamics of the communities;
• Capacity to absorb the issues dealt with and to contribute actively to
decision-making processes;
• Social recognition and standing; and
• equitable representation of males and females.
The GRC at project level shall constitute among other members, an officer from
the Local Government Authority, Village or Community Heads, Project
Coordinator, a member from a recognized Non-Government Organization and a
community representative. The GRC shall have the right to request the project
technical staff, and officers from relevant state or non-state institutions to attend
the meetings and provide information. A complainant has the right to appear in
person, to be accompanied by a community member, and/or to request to be
represented by a community elder. GRCs shall be established at the project level
to assure accessibility for Project Affected Persons.
9.5 Procedures, complaints channels and time frame for Grievance
Redress Mechanisms As there is no ideal model or one‐size‐fits‐all approach to grievance resolution, the
best solutions to conflicts are generally achieved through localized mechanisms
that take account of the specific issues, cultural context, local customs, and
project conditions and scale. The process by which a complaint will be accepted
or rejected needs shall be carefully designed and shall maximise interactivity and
cultural sensitivity. The acceptance/rejection of a complaint will go through a
discussion stage where the plaintiff and the GRM staff interact on the grounds
and motives of the complaint, after which the plaintiff should clearly and
transparently be told whether or not the complaint is eligible and will be
processed. The acceptance/rejection of the complaint shall be based on
objective criteria that are posted by the GRC, including a written copy displayed
in the public access area of the GRM in an appropriate language.
The processing of the complaint, if accepted should go through various phases:
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• Filing of the complaint and labeling with an identification code
communicated immediately to the plaintiff.
• Assessment of the complaint (including severity of the risk/impact).
• Formulation of the response.
Selection of the grievance resolution approach is a key. There are four general
approaches to choose from:
• The project’s management proposes a solution.
• The community and the project’s management decide together.
• The project’s management and the community defer to a third party to
decide.
• The project’s management and the community utilize traditional or
customary practices to reach a solution.
AfDB’s ISS recommends the application of a “Decide together” approach that is
usually the most accessible, natural and unthreatening ways for communities and
a project’s management to resolve differences. With the potential to resolve
perhaps the majority of all grievances, “decide together” should be the center-
piece of any grievance mechanism’s resolution options. In its simplest form, a
grievance mechanism can be broken down into the following primary
components:
1. Receive and register a complaint.
2. Screen and validate the complaint (based on the nature and type of a
complaint).
3. Formulate a response.
4. Select a resolution approach, based on consultation with affected
person/group.
5. Implement the approach.
6. Settle the issues.
7. Track and evaluate results.
8. Learn from the experience and communicate back to all parties involved.
The time for the Grievance Redress Committees to be held shall be agreed and
documented, depending on the nature and severity of the complaint.
A number of mechanisms will be available to aggrieved parties to access redress.
These shall include institutions specific (internal) to a project and set up from its
inception or others that might have emerged over time in response to needs
identified while the project evolved. Other institutions which are already
established within a country’s judicial, administrative, and/or political systems and
exist outside a project shall also be used. These include the government
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bureaucracy; judicial institutions; and political institutions such as Local
Government Authorities,
etc. In addition, the Bank itself sometimes shall provide a forum for grievance
redress. GRMs shall include avenues for resolving conflicts between APs or other
stakeholders and can provide information sought by the public on the project.
The channels of presenting complaints could include the presentation of
complaints via third parties (e.g., village elites/traditional leaders, community‐
based organizations, lawyers, non-government organizations [NGOs], etc.); face‐
to‐face meetings; facsimile, telephone, and email communications; written
complaints; etc.
The sub‐projects to be implemented under the Program are mainly in the northern
part of Nigeria with potentially similar E&S contexts. It is therefore expected that
as part of the implementation of sub-projects within the Program, simpler means
of addressing complaints, such as through community meetings, community
liaison personnel and suggestion boxes allowing for anonymity shall also be used
along with other recommended channels.
If the complainant is not satisfied, the complainant will have to appeal to the
National Project Coordinator under AFC’s AE status.
9.6 Stakeholder Engagement Activities during the preparation of the
ESMF
9.6.1 Stakeholders Consulted
As part of the preparation of the ESMF, stakeholder engagement activities were
undertaken with a number of stakeholders at Federal, Regional and local level.
Consultation was also undertaken with a number of Civil Society Organizations
(CSO). The CSOs were purposively selected based on their core areas of interest
in renewable energy and positive climate action in Northern Nigeria.
A summary of the stakeholders consulted is provided in Table .9.22 below.
Table .9.2. Categories of stakeholders consulted during the preparation of the ESMF
Stakeholder Mandate Objective of
Consultation
Government Agencies
1 Federal Ministry of Environment,
FMEnv
Drive E&S process in Nigeria and
grants approvals
Verify the status of the 13
projects and take into
consideration the E& S
issues of the Solar IPP
program from FMEnv’s
view.
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Stakeholder Mandate Objective of
Consultation
2
State Ministry of Environments
(only a few with known contact
details were approached. There
is the need to undertake more
detailed sub-project specific
consultation)
Participate in the E&S process as
stakeholders at state level
Verify the status of the 13
projects and take into
consideration the E& S
issues of the Solar IPP
program from State
Ministry of Environment’s
view. 3 Local Government Councils
4 Environment Unit (Transmission
Company of Nigeria)
Participate and Supervise the
E&S process of power projects in
Nigeria
Identify E&S issues from
TCN’s perspective
5
Renewable and rural power
access Department (Ministry of
Power, works and Housing)
Support the development of RE
and access to power in rural
areas
Identify E&S issues from
the ministry’s
perspective
6 Nigeria Electricity Management
Services Agency
Carry out the Functions of
Enforcement of Technical
Standards and Regulations,
Technical Inspection, Testing
and Certification of All
Categories of Electrical
Installations, Electricity Meters
and Instruments to ensure the
Efficient Production and Delivery
of Safe, Reliable and
Sustainable Electricity Power
Supply and Guarantee safety of
Lives and Property in the
Nigerian Electricity Supply
Industry
Identify E&S issues as well
as safety concerns from
the view of the agency
Civil Society Organisations
Based on the mandate
of these CSOs, identify
and take into
cognizance E&S
concern that may arise
from project and sub-
projects
implementation.
7 International Centre for Energy
Environment and Development
Development of the energy
sector with strong premium on
environment and development
8 Nigeria Climate Action Network
Promote government and
individual action to combat
climate change.
9
Alliance for Civil Society
organisations for clean energy
access
Encourage the development of
clean energy to cut down
emissions
10 Empower to Empower
Provision of sustainable
livelihood for women and girls,
especially those in the rural
areas
11 Renewable Energy Association
of Nigeria
Develop the Renewable Energy
Sector
Specific consultation was not undertaken with PAPs at project level because this
will be done as part of the specific ESIAs of the sub-projects. In addition, avoiding
consultations with PAPs from any one site of the potential sub-projects will
eliminate bias.
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9.6.2 Summary of the outcomes of the engagements
As part of the stakeholder engagement process, consultation was undertaken
with the entities set out below.
Table 9.3. Specific details of stakeholder engagements undertaken
S/N Entity date Person Contacted Designation
1 Federal Ministry of
Environment (FMEnv)
04/12/2018 Mr. J.A Alonge Director EA Department
03/12/2018 Mr. Abass Suleiman Deputy Director EIA
05/12/2018 Mrs Odetoro Deputy Director
2 Jigawa State Ministry
of Environment 03/12/2018 Alhaji Aliyu Hadejia Assistant Director
3 Dutse Local Council,
Jigawa State 03/12/2018 Ayuba Ahmed Director of Works
4 Invest Jigawa 04/12/2018 Mrs Jamila Farouk Director
5 Kogi State Ministry of
Environment 04/12/2018 Mr. Samson Benu
Chief Environmental
Officer
6 Lokoja Local Council 04/12/2018 Mohammed Bochi
Lawal
Director Agric &
Environment
7 Kogi Investment and
Properties Ltd 04/12/2018 Mrs Obadaki Ag. Managing Director
8
Kaduna
Environmental
Protection Agency
04/12/2018 Dr Yusuf Rigasa Director General
9
Nigerian Electricity
Management
Services Agency
04/12/2018 Mr. John Obajimi Health and Safety Officer
10
Transmission
Company of Nigeria
05/12/2018 Mrs C.I.B Sako E&S Specialist
11
Renewable & Rural
Power Access
Department, Federal
Ministry of Power,
Works and Housing
05/12/2018 Engr. Ajeigbe A.
Jacob Assistant Director
12 Empower to
Empower 05/12/2108 Ms. Joy Ini Program Coordinator
A summary of the outcomes of the engagements undertaken with each of the
stakeholders including dates and communication means is presented Table 9.
below.
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Table 9.4. Summary of consultations undertaken during the development of the ESMF
S/N Entity date Person
Contacted
Means of
Communication E&S Issues of concern
1
Federal
Ministry of
Environment
(FMEnv)
04/12/2018 Mr. J.A Alonge Face-Face
meeting
• Land acquisition for the sub-project, issues of
compensation and livelihood restoration, the need to
engage the PAPs from project design and site
selection.
• Allowing PAPs to participate in determination of
mitigation for social issues through consultations.
• Waste Management should be considered from
project conception.
• Management of hazardous wastes should be
considered
• There is need for awareness across board.
• Implementation of Extended Producers Responsibility
and Individual Producer responsibilities.
• The role of regulators at National, State and Local
Levels should be considered and Capacity building for
monitoring and support should be considered for
agencies regulating the sub-projects.
03/12/2018 Mr. Abass
Suleiman
Face-Face
meeting
05/12/2018 Mrs Odetoro
Face-Face
meeting
2
Jigawa State
Ministry of
Environment
03/12/2018 Alhaji Aliyu
Hadejia
Telephone
Conversation
• Main issue has to do with land take and proper
identification of land owners as well as transparent
system of compensation
3
Dutse Local
Council,
Jigawa State
03/12/2018 Ayuba Ahmed Telephone
Conversation • Compensation for land taken for the sub-project
4 Invest Jigawa 04/12/2018 Mrs Jamila
Farouk
Telephone
Conversation
• Involvement of traditional institution and adequate
consultation with PAPs at project design state to avoid
friction over land take for sub-projects
5
Kogi State
Ministry of
Environment
04/12/2018 Mr. Samson
Benu
Telephone
Conversation
• Issues surrounding land acquisition for the projects
should be handled by project developers completely
before government allocation and granting of title
6 Lokoja Local
Council 04/12/2018
Mohammed
Bochi Lawal
Telephone
Conversation
• Issues surrounding the involvement of local council in
compensation for land as well as involvement of local
government in E&S monitoring because they are the
closest tier of government to the sub-projects
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S/N Entity date Person
Contacted
Means of
Communication E&S Issues of concern
7
Kogi
Investment
and
Properties Ltd
04/12/2018 Mrs Obadaki Telephone
conversation
• Loss of farmland should be properly compensated and
alternatives provided
8
Kaduna
Environmental
Protection
Agency
04/12/2018 Dr Yusuf Rigasa Telephone
Conversation
• Environmental concerns like pollution should be
considered in the choice of materials most especially
the PV modules as well as transformer oil.
9
Nigerian
Electricity
Management
Services
Agency
04/12/2018 Mr. John
Obajimi
Face to Face
Meeting
• Considerations of Health and Safety in project design
and implementation as well as in choice of electrical
installation.
• Ensuring that safety standard codes are adhered to.
Transmission
Company of
Nigeria
05/12/2018 Mrs C.I.B Sako Face to Face
Meeting
• Adherence to Environmental issues of concerns as
documented in the SESA that is being produced by
TCN
10
Renewable &
Rural Power
Access
Department,
Federal
Ministry of
Power, Works
and Housing
05/12/2018 Engr. Ajeigbe
A. Jacob
Face to Face
Meeting
• Conduct of Environmental Impact Assessment for the
projects should be made compulsory.
11 Empower to
Empower 05/12/2108 Ms. Joy Ini
Telephone
Conversation
• Women should be considered in sub-projects
implementation and CSR should from sub-projects
focus on women development
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10 ESMF IMPLEMENTATION AND MANAGEMENT
10.1 Institutional Arrangements for ESMF Implementation AFC will be responsible for the overall oversight of the Program implementation
and will report to GCF per the terms agreed under the Accreditation Master
Agreement (AMA) and to be agreed the Funded Activity Agreement (FAA). For
managing the GCF resources, AFC will maintain a separate account for the GCF
funds and independently administer the funds. It is envisaged that the AFC will be
the direct lender to the sub-projects under its capacity as an AE, and under one
Facility Agreement (alongside AfDB and other lenders) to each respective sub-
project.
Sub-projects within the Program will be considered for funding based on defined
selection criteria. AFC and AfDB will apply their credit evaluation, due diligence
and approval procedures in appraising potential clients, and only those sub-
projects qualified under agreed internal criteria will be eligible for investment
under this framework.
10.2 Roles and Responsibilities for Managing Environmental and Social
Requirements
10.2.1 Sub-project proponent’s role and responsibilities
For sub-projects that will be ultimately be selected for funding under the Program,
AFC will expect sub-project proponents to manage the E&S issues associated with
the sub-projects to meet the safeguard requirements detailed in this ESMF
throughout the entire project lifecycle.
It is also the client’s responsibility to ensure that adequate information is provided
so that the AFC (and AfDB) can undertake an E&S assessment in accordance
with their respective safeguard requirements. The client may be required to
commission appropriate E&S studies and conduct stakeholder engagement and
cover the costs of these. The client is also expected to allow AFC and AfDB
representatives and independent consultants to access sub-project facilities and
records.
10.2.2 AFC and AfDB’s role and responsibilities
Implementation teams for the Program will be constituted within AFC and other
financiers to the due diligence and execution of individual sub-projects, as well
as the management of the overall Program.
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The AFC team will be mobilized from a pool of investment officers (from within the
power sector team), portfolio managers and risk assessment officers (inclusive of
an E&S specialist) the same will be done by other senior lenders.
10.3 Institutional arrangements for the implementation of the ESMF For the implementation of the ESMF, institutional arrangements will be required.
The organizational framework for implementing the ESMF measures are set out
below in terms of defined roles and responsibilities.
10.3.1 Roles and responsibilities of Main Implementing Entity
The key players are the FMEnv, state governments and local authorities, the SPV
developers, the affected communities, and the independent advisor hired by the
SPV developers to conduct annual E&S review. They each have different roles
and responsibilities:
• Setting applicable E&S requirements (E&S requirement setting)
• Screening for E&S risk and impacts (E&S screening)
• E&S due diligence and risk management (E&S due diligence)
• E&S monitoring
• E&S reporting
• Independent E&S audit
The functions of the individual entities that are likely to be involved in the
implementation of the ESMP are summarized in
Table 10.1.
Table 10.1. Roles and Responsibilities of the Main Implementing entities
Entity Description
The Project
Coordination and
Management Unit
(PMU)
The unit will be the main implementing entity within AFC and AfDB. They will
provide overall coordination of the sub-project and lead in the
implementation of the program components, which will include overall
responsibility for safeguards due diligence, and compliance monitoring.
Further, PMU will be responsible for the overall coordination of the sub-project
implementation and oversight.
The AFC and AFC will ensure that as part of the ESMS to be developed by
the SPV developers for sub-projects considered under the program, E&S
safeguard specialists (including E & S Managers and Community Liaison
Officers) are included as part of the management team of the SPV. The
specific roles of the E & S resources in the SPVs of the sub-projects will include
the following:
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Entity Description
i. Overall oversight of the E&S risk assessment, management, and
monitoring processes in line with this ESMF, for each component of
the sub-project;
ii. Putting in place and implementing a reporting system from the SPV
entities to PMU on implementation of E&S requirements;
iii. Engaging an independent E&S auditor to ensure that private sector
entities are implementing E&S requirements set out in the ESMF
consistently;
iv. Assuming responsibility for stakeholders’ engagement, maintaining
adequate stakeholder engagement and grievance redress
mechanism and ensuring that private sector entities maintain the
same at their level. SPVs will establish a communication line between
its site offices and ensure project success on this aspect. It will also
facilitate liaisons with CBOs, CSO, NGOs and projected affected
communities, particularly women;
v. Designing, organizing and implementing capacity building
programs for all relevant stakeholders associated with the specific
sub-project.
vi. Defining, jointly with the respective states and local governments, the
project priorities based on technical and policy development
priorities (this will include gender and vulnerability issues);
vii. Resolving in consultation with the Provincial/local governments
challenges requiring high level intervention facing the sub-project;
and
viii. Monitoring the implementation of the sub-project in consultation with
the states and local governments.
Solar Power Plant
Developers (SPVs)
The developer (SPV) will plan and conduct the construction and is
responsible for complying with all relevant E&S requirements. Its
responsibilities include:
i. E&S requirement setting: SPV developers will incorporate application
E&S requirements in their institutional ESMS, that include national and
regional laws/policies and any requirement lenders.
ii. E&S screening: solar power project developers will:
a. Conduct the actual E&S screening based on all relevant
requirements, employing or hiring qualified E&S specialists, and
provide sufficient resources for such activities.
b. Determine key E&S risk and impacts of individual IPP sub-projects
and assign E&S category.
iii. E&S due diligence: solar power SPV developers will prepare and
integrate into project design the SEMP, the Stakeholder Engagement
Plan (SEP) and grievance mechanism.
iv. E&S monitoring: solar IPP developers will conduct self-monitoring
activities in line with their ESMS and main all monitoring records
properly.
v. E&S reporting: IPP solar plant developers will
a. Prepare annual E&S reports lenders reporting requirements;
b. Report any incident or accidents within several days of occurrence,
including any E&S fines, litigation, or other administrative/legal issues.
vi. E&S audit: solar IPP developers will provide all relevant reports and
documents to the independent E&S auditors in a timely manner upon
request.
The implementing
agencies of the sub-
They implement, monitor and follow-up the E&S measures of the sub-projects.
They also report on the execution of such measures.
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Entity Description
projects (AFC and
AfDB)
Federal Ministry of
Environment (FMEnv)
FMEnv reviews and approves the environmental classification of sub-projects
and approves the impact studies and the ESMPs of the sub-projects and
participates in the external monitoring of implementation. –
National
Environmental
Standards and
Regulations
Enforcement
Agency (NESREA)
NESREA is charged with the responsibility of enforcing all environmental laws,
guidelines, policies, standards and regulations in Nigeria. It also has the
responsibility to enforce compliance with provisions of international
agreements, protocols, conventions and treaties on the environment to
which Nigeria is a party.
EPC and O&M
Contractors
They implement the (contractual) mitigation measures as well as the E&S
clauses with the periodic production of reports on the implementation of
these measures.
Local and regional
authorities (Federal
Authorities):
They participate in project implementation through the pre-selection of the
sub-project sites, the identification of PAPs, the registration of complaints,
and the proximity follow-up of actions on the ground.
De-concentrated
technical services
Other sector Institutions/departments/Agencies related with community and
Natural resources such Land, Forestry, Water, Gender/Social protection):
they support the implementation of E&S measures on the ground in their
respective fields and provide support in monitoring and reporting.
Associations, NGOs
and local
populations
They support the implementation of the communication plan and the
prevention of conflicts.
10.4 Training and Capacity Strengthening Plan Based on the capacity assessment of the relevant Nigerian Federal and State
level MDAs, Civil Society Organizations, as well as other stakeholders carried out
during consultations, effective delivery of the sub-projects in relation to the
implementation and monitoring of the E & S risk mitigation measures throughout
the lifecycle of sub-projects may be hampered by limited technical skills and
resource constraints. Institutional barriers to effective delivery that are anticipated
include:
i. Limited knowledge on E&S Safeguards Systems;
ii. Limited knowledge on E&S issues relating to the Energy sector;
iii. Limited knowledge on ESMF implementation as well as project-specific
ESIAs and ESMPs especially during construction of sub-projects;
iv. Limited knowledge on Gender and vulnerability issues;
v. Limited knowledge of participatory governance and stakeholder’s
engagement.
For effective implementation of the ESMF, there will be need for technical
capacity in the human resource base of implementing institutions as well as
logistical facilitation. Implementers need to identify and understand the E&S issues
as concerns the implementation of sub-projects. Thus, to strengthen the
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respective roles and enhance robust collaboration with the relevant stakeholders,
the following areas for capacity building have been identified as deserving
attention for effective implementation of the ESMF.
The specific areas for effective training and institutional capacity needs are given
in Table 10.2 below. An indication of the anticipated costs for the implementation
of the capacity building program is also included in the table.
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Table 10.2. Proposed Training Programs for ESMF Implementation
Training Description Participants Form of
Training Duration When
Training to
be
conducte
d by who
Training
Organizin
g Agency
Training
Costs USD
AfDB’s Integrated Safeguard
System. Training on Operational
Safeguards Policies triggered
Federal and State
Ministries of Environment,
Ministry of Power (Dept of
Renewable & Rural Power
Assess), TCN, NESREA and
other project affiliated
MDAs in host States, SPVs,
CSOs
Worksho
p
1
Working
day
During
project
prepara
tory
stage
E & S
Safeguard
Consultan
t
AfDB/AFC 3,000
Gender Considerations (Equity,
Environmental, Social and other
sub-project specific issues of
concern affecting Women, Children
and other Vulnerable groups)
Federal and State
Ministries of Environment,
Ministry of Power (Dept of
Renewable & Rural Power
Assess), TCN, NESREA and
other project affiliated
MDAs in host States, SPVs,
CSOs
Worksho
p
½
Working
day
During
project
prepara
tory
stage
E & S
Safeguard
Consultan
t
AfDB/AFC 2,000
Environment and Social Assessment:
E & S Process, E & S Considerations in
sub-project activities,
Environmental components
affected during construction and
operation stages;
Environmental management and
Best practice;
Stakeholder participation
Project Screening & Scoping
Physical Cultural Resources, SESA,
HIA e.t.c
Federal and State
Ministries of Environment,
Ministry of Power (Dept of
Renewable & Rural Power
Assess), TCN, NESREA and
other project affiliated
MDAs in host States, SPVs,
CSOs
Worksho
p
1
Working
day
During
project
prepara
tory
stage
E & S
Safeguard
Consultan
t
AfDB/AFC 3,000
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Training Description Participants Form of
Training Duration When
Training to
be
conducte
d by who
Training
Organizin
g Agency
Training
Costs USD
Environmental due diligence:
ESMF/ESIA/ESMP Implementation,
Monitoring, Evaluation and
Reporting during construction of
sub-projects,
Federal and State
Ministries of Environment,
Ministry of Power (Dept of
Renewable & Rural Power
Assess), TCN, NESREA and
other project affiliated
MDAs in host States, SPVs,
CSOs
Worksho
p
1
Working
day
During
project
prepara
tory
stage
E & S
Consultan
t
AfDB/AFC 3,000
Occupational Health and
Safety(OHS) Leadership
Management
Safety performance assessment
Hazard Analysis and Control
Hazard Communication Program
Effective Accident Investigation
Conducting Health and Safety
Audits
Job Hazard Analysis
Occupational Health Risk
Assessment
Work Stress Risk Assessment
Electrical safety
Fire Safety
Fall protection Plan
Fleet Safety Management
Federal and State
Ministries of Environment,
Ministry of Power (Dept of
Renewable & Rural Power
Assess), TCN, other project
affiliated MDAs in host
States, SPVs, CSOs
Worksho
p
1
Working
day
During
project
initiation
stage
(Before
comme
ncemen
t of civil
works)
HSE
Consultan
t
AfDB/AFC 4,000
Total 15,000
* Training cost is tentative, the actual training cost will be dependent on training locations, prevailing exchange rate
Actual costs will also depend on site selection as well as their locations which will help to focus more on specific
issues and Gender specificity based on sub-project locations.
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ANNEXES
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11 ANNEX 1. TEMPLATES FOR ENVIRONMENTAL AND SOCIAL
MANAGEMENT INSTRUMENTS • ANNEX 1A. Environmental and Social Screening Form
• ANNEX 1B. Environmental and Social Monitoring Report
• ANNEX 1C. Environmental and Social Final Report
• ANNEX 1D. Chance Find Procedure
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ANNEX 1A. E&S Screening Form
PART A: GENERAL INFORMATION
Project Name
Estimated Cost ( )
Project Site
Project Objectives
Proposed Main Project Activities
Name of Evaluator/s
Date of Field Appraisal
PART B: BRIEF DESCRIPTION OF THE PROPOSED ACTIVITIES
Provide information on the type and scale of the construction/rehabilitation activity (e.g., area,
land required and approximate size of structures)
Provide information on the construction activities including support/ancillary structures and
activities required to build them, e.g., need to quarry or excavate borrow materials, water source,
access roads, etc.
Describe how the construction/rehabilitation activities will be carried out. Include a description of
support/activities and resources required for the construction/rehabilitation.
PART C: E&S ELIGIBILITY CRITERIA
Criterion Yes or No
1. Would the project displace or involve relocation of more than 50
homes or a population of 200 or more?
2. Would the project encroach or be located inside a protected area
of natural habitat?
3. Would the project displace, modify or render inaccessible a Cultural
Heritage site or structure?
4. Would the project be located in the territory of any historically
underserved traditional ethnic community or indigenous people (as
defined by World Bank OP 4.10) territory, but that the project would
not benefit them in terms of access to electricity or in terms or in
terms of some other plans?
5. Is the project assessed to be Category A based on Part E of this
form?
If the answer to at least one of these questions is yes, then the sub-project would not qualify for
funding under the Program. (The sub-project may be returned to the proponent for modification
to meet with the criteria.)
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PART D: SCREENING FORM FOR IDENTIFICATION OF AFDB OSS AND IFC PS TRIGGERED AND
IDENTIFICATION OF APPROPRIATE SAFEGUARD INSTRUMENT
AfDB OSs/IFC
Performance
Standard
Triggered
If YES
(Reason/details)
Safeguard
Instrument/Docume
nt Needed YES NO
PS1/OS1-
Environmental
Assessment and
Mgt of ES Risks and
Impacts
PS2/OS5 – Labor
and Working
Conditions
PS3/OS4 – Resource
Efficiency and
Pollution
PS4/OS5 -
Community Health,
Safety and Security
PS5/OS2 – Land
Acquisition and
Involuntary
Resettlement
PS6/OS3 -
Biodiveristy
Conservation and
Sustainable Mgt of
Living Natural Res.
PS7/OS1 –
Indigenous People
PS8/OS Cultural
Heritage
PART E. RISK CATEGORIZATION
Check the one that applies If answer is yes,
Would the project involve: activities with potential significant
adverse environmental and/or social risks and impacts that,
individually or cumulatively, are diverse, irreversible, or
unprecedented?
Project is Category A:
Not qualified for funding
under the program
Would the project involve: activities with potential limited adverse
environmental and/or social risks and impacts that individually or
cumulatively, are few, generally site-specific, largely reversible, and
readily addressed through mitigation measures?
The project is Category
B -
Safeguards Instruments
should be disclosed for
at least 30 days before
approval.
Would the project involve: only activities with minimal or no
adverse environmental and/or social risks and/or impacts?
Category C
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Guidance: The guidance for sub-project categorization and triggering OSs is available in the AfDB
ESAP document, Category 1, 2, 3 is equivalent to Category A, B, C respectively. E&S. Alternatively,
one can also refer to IFCs Note on E&S Categorization, Jan 1, 2012.)
Conclusion and Safeguards Instruments Required
The sub-project is classified as a Category ________ project as per AfDB’s ESAP, and the following
safeguard instruments will be prepared:
1. _______________________________________________________________________
2. _______________________________________________________________________
3. _______________________________________________________________________
4. _______________________________________________________________________
PART F: ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION OF THE SUB-PROJECT SITE BRIEF
DESCRIPTION
Category of Baseline Information Description
GEOGRAPHICAL LOCATION
* Name of the Area
* Proposed location of the project (Include a sitemap of at
least 1:10,000 scale / or coordinates from GPS)
LAND RESOURCES
* Topography and Geology of the area
* Soils of the area
* Main land uses and economic activities
WATER RESOURCES
* Surface water resources (e.g., rivers, lakes, etc.) quantity and
Quality
CLIMATE
* Temperature
* Rainfall
SOCIAL
* Number of people potentially impacted
* Type and magnitude of impacts (i.e., impact on land,
structures, crops, standard of living)
* Socio-economic overview of persons impacted
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ANNEX 1B. Environmental and Social Monitoring Report
Project Name…………………………………………………………………………
E & S Category……………………………
Project Manager: …………………………………………………………………
Signature…………………………………….
Evaluator (E&S Expert): …………………………………………………………
Signature……………………………………
1. Environmental and Social Effects
Summary of the environmental effects of the sub-project predicted during
project planning.
2. Environmental and Social Effects Observed in the Field Visit
Summary of the environmental effects observed in the field visit:
- Predicted effects and nature of observation; and
- Unpredicted effects and nature of observation.
List of people participating in the field visit:
Name Institution Charge Sign
3. Compliance with the Environmental and Social Specification
Assessment of how the sub-project is complying with environmental design
specifications, including environmental protection and control, mitigation, and
reimbursement and compensation measures if any.
4. Results of the Field Visit
Provide results of the evaluation of specific biophysical and socioeconomic
effects, including deviations from baseline values if available.
5. Conclusions and Recommendations for Project Operation
Recommended adjustments to sub-project operations if any, including rationale
for the recommendations.
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6. Conclusions and Recommendations for Monitoring Program
Recommended adjustments to the monitoring program, if any, including
rationale for recommendations.
1. Other Observations, Recommendations, and Conclusions
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ANNEX 1C. Environmental and Social Final Report
Project Name…………………………………………………………………………
E & S Category……………………………
Project Manager: …………………………………………………………………
Signature…………………………………….
Evaluator (E&S Expert): …………………………………………………………
Signature……………………………………
1. Activities Realized
On (date) ___________, the final review of the E&S aspects corresponding to the
activity _________________________ was conducted to verify fulfilment of the
mitigation measures proposed for the sub-project, as well as to ascertain if other
negative impacts have appeared during the period in which the activity took
place. There was content the commission integrated by the following persons:
Name Institution Charge Sign
2. Background
Capture case record including dates, a brief narration of the problem and
recommendations from previous opportunities.
3. Results of the Examination
Describe in detail the conditions in which the mitigation measures were
developed, the grade of fulfilment, and current state, explaining when necessary
reasons why measures have not been completed. Completing the table below
will help visualize this information.
NO. Mitigation Measures
Triggered
Time still needed to
accomplish measures Observations
YES NO %
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3. Conclusions
Based on the examination, prepare conclusions regarding fulfilment of the
mitigation measures and recommendations.
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ANNEX 1D: Chance Find Procedure
The Chance Find Procedure is a step by step procedure which outlines what
needs to be done when sub-projects come across archaeological sites, historical
sites remains and objects, including graveyards and/when individual graves
during excavation or construction. This procedure relates to OS1 requirement and
IFC PS 8 on cultural heritage which addresses physical, cultural resources (PCR)
which are defined as movable or immovable objects, sites, structures that have
archaeological, paleontological, historical, architectural, religious, aesthetic, or
other cultural significance. Physical, cultural resources may be located in urban
or rural settings and may be above or below the ground.
Contracts for civil works involving excavations should normally incorporate
procedures for dealing with situations in which buried physical and cultural
resources (PCR) are found unexpectedly. The final form of these procedures will
depend upon the local regulatory environment, including any chance find
procedures already incorporated in legislation dealing with antiquities or
archaeology.
Note: The general guidance provided applies when there will be an
archaeologist on call. In exceptional situations in which excavations are being
carried out in PCR-rich areas such as a United Nations Educational, Scientific and
Cultural Organization World Heritage site, there will normally be an archaeologist
on site to monitor the excavations and make decisions. Such cases will require a
modified version of these procedures, to be agreed upon with the cultural
authorities.
A chance find procedure commonly contain the following elements.
1. PCR Definition
This section should define the types of PCR covered by the procedures. In some
cases, the chance find procedure is confined to archaeological finds; more
commonly it covers all types of PCR. In the absence of any other definition from
the local cultural authorities, the following definition could be used: “movable or
immovable objects, sites, structures or groups of structures having archaeological,
paleontological, historical, architectural, religious, aesthetic, or other cultural
significance.”
2. Ownership
This paragraph should state the identity of the owner of the artifacts found.
Depending on the circumstances, the owner could typically be the state, the
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government, a religious institution, the landowner, or it could be left for later
determination by the concerned authorities.
3. Recognition
This is the most difficult aspect to cover. As noted above, in PCR-sensitive areas,
the procedure may require the contractor to be accompanied by a specialist. In
other cases, the procedures may not specify how the contractor will recognize a
PCR and a clause may be requested by the contractor disclaiming liability.
4. Procedure upon Discovery
Suspension of Work
This paragraph may state that if a PCR is found during execution of the works, the
contractor shall cease activity. However, it should specify whether all works should
cease, or only the works immediately involved in the discovery, or, in some cases
where large buried structures may be expected, all works may be stopped within
a specified distance (for example, 50 meters) of the discovery. This issue should
be informed by a qualified archaeologist.
After stopping work, the contractor must immediately report the discovery to the
resident engineer. The contractor may not be entitled to claim compensation for
work suspension during this period.
The resident engineer may be entitled to suspend work and request that the
contractor provide excavations at the contractor’s expense if the engineer thinks
that a discovery was made and not reported.
Demarcation of the Discovery Site
With the approval of the resident engineer, the contractor is then required to
temporarily demarcate and limit access to the site.
Non-suspension of Work
The procedure upon discovery may help the resident engineer decide whether
the PCR can be removed and work can continue, for example, in cases where
the find is one coin.
Chance Find Report
The contractor should then, at the request of the resident engineer, and within a
specified time period, complete a Chance Find Report, recording:
• Date and time of discovery;
• Location of the discovery;
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• Description of the PCR;
• Estimated weight and dimensions of the PCR; and
• Temporary protection implemented.
The Chance Find Report should be submitted to the resident engineer and other
concerned parties as agreed upon with the cultural authority and in accordance
with national legislation. The resident engineer, or other party as agreed, is
required to inform the cultural authority accordingly.
Arrival and Actions of Cultural Authority
The cultural authority ensures that a representative will arrive at the discovery site
within an agreed upon time, such as 24 hours and determines the action to be
taken. Such actions may include, but are not limited to:
• Removal of PCR deemed to be significant;
• Execution of further excavation within a specified distance of the discovery
point; or
• Extension or reduction of the area demarcated by the contractor.
These actions should be taken within a specified period, for example, seven days.
If the cultural authority fails to arrive within the stipulated period (for example, 24
hours), the resident engineer may have the authority to extend the period by a
further stipulated time.
If the cultural authority fails to arrive after the extension period, the resident
engineer may have the authority to instruct the contractor to remove the PCR or
undertake other mitigating measures and resume work. Such additional works
can be charged to the contract. However, the contractor may not be entitled to
claim compensation for work suspension during this period.
Further Suspension of Work
During this seven-day period, the cultural authority may be entitled to request the
temporary suspension of the work at or in the vicinity of the discovery site for an
additional period of up to, for example, 30 days.
The contractor may or may not be entitled to claim compensation for work
suspension during this period. However, the contractor will be entitled to establish
an agreement with the cultural authority for additional services or resources
during this further period under a separate contract with the cultural authority.
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12 ANNEX 2: GENERIC E & S MITIGATION AND ENHANCEMENT
MEASURES TO BE CONSIDERED FOR SUB-PROJECTS
Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
Pre-
construction
Phase
Social
(Human)
Environment
Land use
• Loss of
Agricultural/livestock/other
productive use land
• Loss of homes, structures
other than homes, crops
and economic trees • Conflicts between farmers
and pastoralists with regard
to land
• Grievances due to land
resettlement and
compensation;
Preparation and
implementation of land
acquisition and resettlement
action plan in accordance
with the RPF (Annex 3)
Implementation of the RAP
which provides, among others,
the following:
Assessment of the initial value
of land improvements,
structures and crops;
Provision of compensation to
project affected people (PAP)
based on replacement cost
value of lost assets (i.e. no
depreciation).
Provision of
resettlement/relocation option
for those whose entire homes
are displaced.
Provides for differentiated
treatment/assistance to
vulnerable PAPs.
Construction
Phase
Biophysical
Environment Soils, Run-off and flooding
• Pollution of groundwater
from discharges and
accidental releases during
construction of solar farm,
access roads and
transmission lines.
Installation of sewage
treatment to meet required
standards; hygiene training for
workforce.
• Interruption of drainage
patterns and lack of water
table replenishment, as a
result of ground clearance
and earthworks
Minimization of cleared areas
and soil disturbance, with
revegetation as soon as
feasible, with native species
Early installation and regular
maintenance of drainage and
diversion structures, silt traps
etc.; drainage outlets to
discharge into vegetated
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Project
Phase Environmental/
Social
Receptor
Anticipated Impacts Mitigation
areas if possible; vegetation
along watercourses and
drainage lines to be retained if
possible
Avoidance of areas liable to
flooding, slope instability and
water crossing where possible
Retention of top soil for
restoration (including tilling
and revegetation) as soon as
practicable.
Pollution of soils and water
• Drainage of construction
site /camp sewage
effluent polluting
watercourses.
Installation of sewage
treatment to meet required
standards; hygiene training for
workforce.
• Release of hazardous
substances during
construction, operation
(e.g. vehicle spills) leading
to soil, surface or
groundwater
contamination.
Materials handling and control
procedures
Control of construction vehicle
movements and prohibition of
vehicle washing in
watercourses, and similar
practices
Emergency response plans
during construction
(contractors and local
authorities) and operation
(local authorities)
Air Quality
• Dust from construction,
and other emissions during
construction and
operation (e.g. wildfires),
could affect human
health, crops and wildlife
Sensitive siting of construction
facilities
Dust control and suppression
measures
Modern equipment with
meeting appropriate emissions
standards and regular
preventative maintenance
No use of ozone depleting
substances during
construction
Noise and vibration
• Noise and vibration from
equipment, traffic and
activities during
construction solar farm,
access roads and
transmission lines (and
maintenance) at sites and
associated facilities, may
disturb sensitive noise
Sensitive siting of construction
facilities
Use of modern equipment
fitted with abatement devices
(e.g mufflers, noise
enclosures): good
maintenance regime
Strict controls of timing of
activities e.g any activities with
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receptors (human and
fauna)
high noise emission; prohibition
on night working
Observance of seasonal
sensitivities ( e.g. breeding
seasons ), and alteration of
activity to reduce noise levels
at that time
Speed controls and other
traffic calming measures to
prevent excessive speed
around settlements/sensitive
receptors.
Resources and waste
• Construction and
operation will require
supply of water from
surface or groundwater,
which could affect existing
supply for human
communities and
ecosystems
Water supply prior to any
abstraction, to inform a
sustainable water
management plan
No abstraction without prior
approval of relevant
authorities at all locations
Promotion of water efficiency
(including leak detention,
preventative maintenance of
equipment) and water
recycling.
• Water requirements may
be high for
large/concentration solar
power plants (cooling
water is required for solar
concentration devices).
The use of a dry cooling
system instead of a wet
cooling system for
concentrated solar power
plants will reduces water
requirements
Promotion of water efficiency
(including leak detention,
preventative maintenance of
equipment) and water
recycling
• Inefficient waste
management during
construction and
maintenance leading to
excess materials
consumption, generation
of wastes/emissions, soil
and water pollution
Preparation of waste
management plan following
the waste hierarchy,
supported by staff training
Use of authorised contractors
for hazardous and any other
wastes which the sub-project
cannot dispose of safely
• Loss, fragmentation and
degradation of habitat,
and severance of animal
migration routes and
pathways
Careful siting of all sub-project
components, with advice from
biodiversity authorities/wildlife
specialists
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• Land clearance for the
solar power plant and
upgrade/expansion of
existing plants may cause
loss or fragmentation of
protected areas and other
areas of conservation
interest and degradation
following poorly managed
rehabilitation.
Strict avoidance of sensitive
areas, critical natural habitats,
and protected natural habitat
or sub-project locations where
activities would adversely
affect rare and endangered
animal species.
Wherever feasible,
establishment of buffer zones
around conservation areas,
watercourses and other
location identified as
ecologically sensitive and
avoidance or minimisation of
activity within these zones
Rehabilitation of cleared
areas with native species, and
ecosystem restoration in
habitat of conservation value,
using specialist advice and
input backed up by a long-
term monitoring programme
and corrective actions as
necessary.
• Severance of terrestrial
routes and watercourses
used for migration or for
access to feeding and
breeding areas (e.g. by
access roads )
Sensitive siting based on good
understanding of physical and
biological baseline conditions
Wildlife crossings for terrestrial
animals and design of
culverts/crossing structures to
avoid impacts on aquatic
animal movement.
• Construction (and to a
lesser extent operational
impacts) on habitats and
species from habitat
alteration and
degradation (e.g. from
changes in drainage, soil
erosion, pollution of water,
soils or air, introduction of
invasive species and
general human
disturbance )
Where development in
sensitive areas cannot be
avoided, mitigation may
include:
Minimisation of area
impacted, clear demarcation
of remaining intact areas of
habitat, and prohibition
activity into those areas for
any purpose
No ground clearance
upstream of sensitive areas
unless appropriately
engineered drainage installed
Habitat rehabilitation and
ecosystem restoration of areas
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no longer required after
construction, as soon as
possible
If loss of critical habitat is
inevitable,
development/implementation
of an offsets programme
Also see measures under soils,
run-off and flooding and
pollution of soils and water
above and invasive species
below
Direct impacts on flora and
fauna
• Clearance of vegetation
may lead to loss of plant
species and habitat of
conservation interest
Careful site selection and
siting of all sub-project
components with advice from
biodiversity authorities/wildlife
specialists
Careful planning of phasing
and timing of construction
activities
Demarcation and avoidance
of species of conservation
interest in work areas here
possible, otherwise transfer to
other suitable location if
possible, under expert
supervision
Also see measures under soils,
run-off and flooding and
pollution of soils and water
above and invasive species
below
• Solar power plants could
displace animals and
disturb their habitats, by
direct disturbance during
construction and
operation (e.g. from noise,
light disturbance at night,
general human presence)
Careful siting of all sub-project
components, with advice from
biodiversity authorities/wildlife
specialists
Careful planning of phasing
and timing of construction
activities
Demarcation and avoidance
of areas of conservation of
interest (high value, species,
feeding or breeding sites,
migration routes etc.)
Invasive Species
• Movement of plant from
the arrival of workforce
into areas could introduce
invasive species which
• Invasive Species
Management Plan, which
should be developed and
implemented in
consultation with
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adversely impact fauna,
flora, ecosystems, and
crops.
authorities, including
appropriate eradication
measures for different
species/groups of species.
• Staff training and
awareness raising in
communities.
• No introduction of exotic
species (e.g. for site
rehabilitation) without
specialist vetting and
government approval.
Social
(Human)
Environment
Physical and Economic
Displacement of People,
Property, Assets and
Resources
• Development of solar
power plants, especially
large ones, may physically
displace people, or lead
to the loss of assets, e.g.
land of agricultural or
other beneficial use
• Initial site selection taking
into account original land
use, preferentially
selecting land of minimal
value.
• Comparison of alternative
locations.
• Careful siting of all sub-
project components,, and
avoid occupation of areas
which are inhabited or
regarded as of high value
by communities (e.g.
horticulture, community
orchards) where possible.
• Early development and
sensitive implementation
of resettlement planning,
in accordance with
national regulations and
international good
practice to compensate
for any losses (both
physical and economic.).
• Adoption of a Stakeholder
Engagement Plan, as a
framework for early and
ongoing community
consultation.
• Implementation of a
Grievance Procedure (see
Grievance Procedure and
Redress Mechanisms
guidance note).
Cultural Heritage
• Displacement or damage
to cultural heritage sites by
• Strict avoidance of
locations where the sub-
project would displace,
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construction activities,
harm to the setting,
amenity value, etc. of the
site.
alter or render inaccessible
important cultural heritage
sites, including historical
sites/monumnments,
graves, churches and
mosques.
• Transparent and culturally
appropriate
communication with
communities regarding
employment opportunities.
• Fair and transparent hiring
and staff management
procedures.
• Development of measures
to manage the transition
after construction is
complete, including SME
development, ongoing
opportunities for the
workforce in road
management and
maintenance, reskilling
and alternative
employment.
• Careful siting, taking
account of community
consultation and if
appropriate specialist
surveys.
• Implementation of a
“Chance Finds” procedure
during construction.
Community Health, Safety
and Security
• Poor construction
management practices
may lead to adverse
effects on safety, human
health and wellbeing.
• Procedures for sustainable
local procurement, in
consultation with local
authorities and community
leaders.
• Local capacity building to
foster community
resilience.
• Interaction between in-
migrant construction
workers and local
communities may increase
occurrence of
communicable diseases,
including HIV/AIDS and
• Good construction site
“housekeeping” and
management procedures
(including site access).
• Disease control measures,
e.g. no pools of standing
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sexually transmitted
diseases (STDs).
water, rodent control,
treatment of water.
• Risk assessments and
emergency response
planning to consider
impacts on local
communities.
• Also see measures under
Soils, Run-off and Flooding,
and Pollution of Soils and
Water above.
• Implementation of a
health management
system for the construction
workforce, to ensure it is fit
for work and that it will not
introduce disease into
local communities.
• Training and awareness
training for workforce and
their dependents on
HIV/AIDS and other STDs,
and communicable
diseases including malaria;
health awareness raising
campaigns for
communities on similar
topics.
Landscape and visual impacts
• The solar power plant,
especially if large, could
generate negative
landscape impacts.
• Careful siting.
• Landscaping design by
qualified personnel (e.g. a
landscape architect)
working closely with the
local communities and
other relevant parts of
government, e.g.
Department of Tourism.
Workforce-Community
Interactions
• Real or perceived
disruption to normal
community life, through
the physical presence of a
construction workforce.
• Conflicts and increased
criminality, including
possible increased in
sexual assault on women
• Works procedures, defining
a Code of Appropriate
Conduct for all workers
• Training for all of
construction workforce,
and subsequently of
permanent staff, in
acceptable behaviour
with respect to community
interactions.
• Contractors should
maintain good community
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relations, undertake
periodic dialogues and
coordinate its activities
with the local
communities.
Operation
Phase
Biophysical
Environment
• Hazardous wastes from
damaged PV panels,
inverters and batteries;
• Soil contamination from
release of hazardous
materials
• Groundwater contamination
from waste water and
hazardous chemicals;
• Over-extraction (depletion)
of ground water reserves for
operational activities
especially for panel washing
during dry seasons;
• Solar systems can pose risks to
wildlife especially birds that
may confuse solar panels
with water bodies. This could
result in the loss and
reduction of the local birds’
population;
• Implement Extended
Producers Responsibilities
and buy back clause on
the supply of PV panels,
inverters and Batteries
where the producers can
take them back and
dispose properly.
• Hazardous wastes should
be disposed through
licensed waste collector
with due diligence on their
final disposal.
• Installation of sewage
treatment to meet
required standards;
hygiene training for
workforce.
• Activities capable of
contaminating ground
water through the use of
hazardous chemicals shall
be carried out at the
appropriate places mostly
on impervious surfaces.
• Demarcation and
avoidance of areas of
conservation of interest
(high value, species,
feeding or breeding sites,
migration routes etc.)
Social
(Human)
Environment
• Increased potential of fire
outbreaks due to failure of
electrical installations;
• Potential for fire outbreak due
to failure of electrical
installations;
• Risks of occupational
accidents and injuries to
workers including exposure to
hazardous chemicals,
electrocution and fall from
high positions.
• Ensure electrical installations
are carried out safely and
properly.
• Provide firefighting
equipment to cover all areas
of electrical installation
• Develop an Occupational
Health and Safety Manual
and make it available to all
workers.
• Implement the OHS manuals
and training s for workers on
its implementation.
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• Risks of theft cases in
absence of adequate
security measures
• Local communities are
unable to benefit from the
electricity produced by the
project because local
communities are not
connected to the grid or not
served by electric utilities.
• Provide and enforce the use
of Personal Protective
Equipment
• Prepare and Implement sub-
project specific security plan
which will key into the
existing government security
architecture.
• Project operator to provide
alternative program to
enable local communities to
share with the benefits of the
sub-project.
Impacts Mitigation/Enhancement Measures
PRE-CONSTRUCTION AND CONSTRUCTION PHASES
Loss of farm land, land-based
livelihood including crops and
economic trees
• Develop and implement RAP/ARAP/LRP as per AfDB requirements
to compensate affected persons.
• Avoid forced eviction of farmers from their farmlands.
• Ensure all issues relating to compensation are handled in a
transparent, consistent and equitable manner.
• Engage affected persons throughout the process of land
acquisition.
• Ensure affected land owners are adequately compensated for loss
of land and economic crops at full replacement cost.
• Provide employment opportunities to affected persons and
communities.
• Establish a grievance mechanism to receive and address specific
concerns about compensation.
• Develop a chance find procedure unforeseen ancestral site
• Ensure that traditional worship and shrine sites are carved out of
proposed sub-project site and access to the place not restricted to
the people
Grievance and conflicts over
land resettlement &
compensation.
Reduction in food production
and economic benefits
Deterioration of local air
quality due to the release of
fugitive dusts.
• Use water to wet ground for dust suppression.
• Conduct regular visual inspection of dust pollution and ensure
appropriate intervention if dust levels are high.
• Pave access roads with gravel to minimize release of dust.
• Ensure regular maintenance of vehicles and other heavy
equipment to ensure efficient combustion and minimal emissions.
• Enforce speed limits to reduce airborne fugitive dusts.
• Train drivers/ workers on proper operation of vehicles and
equipment to include fuel efficiency and anti-idling techniques.
Noise and vibration
disturbances from operation
• Restrict all haulage and noise generating activities to working hours
during the day when noise is better tolerated.
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Impacts Mitigation/Enhancement Measures
of machineries and motorized
equipment.
• Select and use (where feasible) vehicles and equipment with lower
sound power levels.
• Install suitable mufflers on engine exhausts and compressor
components.
• Ensure the maintenance of all equipment in accordance to
manufacturer’s specifications.
• Enforce appropriate speed limit to reduce vehicle noise levels.
• Respond promptly to noise complaints.
• Provide and enforce the usage of hearing protection devices (ear
plugs/muffs) for workers.
Increased security risks due to
storage of materials and
equipment on site
• Fence solar facilities from surrounding communities.
• Install CCTV surveillance system.
• Deploy competent security personnel to secure sub-project site.
• Provide adequate training of security personnel.
• Disclose on-site security arrangements to the public especially
members of nearby communities
Traffic congestions and risks of
road traffic accidents and
injuries.
• Ensure regular maintenance of vehicles to minimize potentially
serious accidents caused by equipment malfunction or premature
failure.
• Engage drivers with appropriate class of driving license and at least
three years of driving experience.
• Train drivers on defensive driving techniques, haulage safety and
pedestrian safety.
• Develop and implement a Traffic Management Plan (TMP).
• Use appropriate signage to warn drivers and road users especially
on site access road.
• Ensure coordination with emergency agencies to ensure that
appropriate first aid is provided in the event of accidents.
• Where possible, use locally sourced materials to minimize transport
distances.
Loss of vegetation and
natural habitat
• Restrict removal of vegetation and trees to the boundary of sub-
project site only;
• Retain all short (<18 cm) native vegetation;
• Protect all vegetation not required to be removed against
damage; and
• Undertake quick re vegetation of exposed soils with indigenous
plant species.
• Use erosion protection structures such as sediment traps, riprap,
gabions etc.
Loss of ecosystem services
such as fuel wood and
economic trees
Predisposition to soil erosion
due to the removal of vegetal
cover and exposure of soil
surfaces to rain and wind.
• Restrict removal of vegetation and trees to the boundary of sub-
project site only.
• Protect all vegetation not required to be removed against
damage;
• Undertake quick re vegetation of exposed soils.
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Impacts Mitigation/Enhancement Measures
• Use erosion protection structures such as sediment traps, riprap,
gabions, etc.
Failure to use resident labour
during construction could
create frustrations/
community tensions and even
local conflicts that may result
into vandalism, sabotage,
looting or destruction/
degradation of infrastructure
and equipment.
• Develop and implement Local Employment and Procurement
Policy.
• Ensure engagement of local workers.
• Ensure compliance with national and international labour law.
• Ensure due diligence and adherence to the required local content
policy.
Occupational related
accidents and injuries to
workers including struck by,
exposure to dangerous
animals, noise exposure etc
• Develop a sub-project specific Occupational Health and Safety
Plan (OHSP) commensurate to the sub-project activities.
• Prohibit drug and alcohol use by workers while on the job.
• Provide adequate first aiders at site.
• Provide and enforce usage of appropriate PPE
Predisposition to soil erosion.
• Restrict removal of vegetation and trees to the boundary of sub-
project site only.
• Protect all vegetation not required to be removed against
damage;
• Undertake quick re vegetation of exposed soils.
• Use erosion protection structures such as sediment traps, riprap,
gabions, etc.
Construction waste
generation.
• Develop and Implement a site-specific Waste Management Plan
(WMP) to prevent unregulated dumping of waste.
• Ensure that hazardous wastes are stored in properly labelled closed
containers placed away from direct sunlight, wind and rain.
• Provide secondary containment with 110% of storage containers
for hazardous waste.
• Ensure usage of government approved waste vendor.
Soil contamination from
leakage/spillage of fuel or oil
from equipment and vehicles.
• Prepare and implement an Emergency Response Plan to respond
to incident of spillage.
• Store fuels and other supplies for site construction activities in
designated area in the sub-project site.
• Ensure regular maintenance of vehicles to avoid leaks of motor oil,
hydraulic fluid and other hazardous materials.
• Develop and Implement a site-specific Waste Management Plan
(WMP) to prevent unregulated dumping of waste.
Construction of access roads
to enhance easy movement
of people and their farm
produce.
• Improve access roads by paving the surface to assure their
durability.
• Ensure adequate maintenance of the road to assure sustainability.
Direct and indirect Job
creation.
• Develop and implement Local Employment and Procurement
Policy.
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Impacts Mitigation/Enhancement Measures
Stimulation of local and
regional socioeconomic
activities arising from
employment and award of
contracts.
• Ensure engagement and training of locals throughout project life
cycle.
• Ensure provision of contracts to local contractors.
• Ensure compliance with national and international labour law.
• Ensure due diligence and adherence to the required local content
policy.
• Ensure engagement and training of locals to operate and manage
the solar PV farm after construction.
Improved livelihood and
poverty reduction.
Risk of communicable
diseases such as STDs
including HIV/AIDS from influx
of temporary construction
workers.
• Provide education, guidance and counselling on HIV/AIDs and
other STIs for workers and community members.
Increase demand on existing
health and sanitation
infrastructure due to influx of
temporary workers and camp
followers.
• Develop a CSR program to support infrastructural development in
host communities.
Increased social vices/crimes
and dilution of indigenous
culture, norms and traditions
in nearby communities.
• Develop an induction program including a code of conduct for all
workers.
• Improve awareness and sensitivity of workers to local cultures,
traditions and lifestyles.
• Ensure affected communities are assisted and have a voice in
appropriation of mitigation measures.
• Develop and implement a grievance procedure and raising
awareness of grievance procedures amongst affected
communities.
• Provide a grievance register and grievance officer.
• Promote of the establishment of local vigilante groups at
community level in consultation with the Police authorities.
Risks of occupational
accidents and injuries to
workers.
• Develop a sub-project specific Occupational Health and Safety
Plan (OHSP) commensurate to the sub-project activities.
• Prohibit drug and alcohol use by workers while on the job.
• Provide adequate first aid on site with trained personnel to
administer it.
• Provide and enforce usage of appropriate PPE
• Restrict unauthorized access to all areas of high tension potential
to prevent electrocution.
• Establish “No Approach” zones around or under high voltage
power lines in conformance with TCN requirements.
• Use proper signage (In English and local languages) and
engineering barriers (e.g. fencing) to limit access to electrically
energized equipment and conductors in order to prevent access
to electrical hazards by unauthorized individuals.
Risk of electrocution to
workers.
Risks of occupational
accidents and injuries to
workers including slip and fall,
ergonomics hazards and
other associated risks.
OPERATION PHASE
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Impacts Mitigation/Enhancement Measures
Generation of renewable
electricity to boost national
power supply. • Ensure proper and prompt maintenance of sub-projects to ensure
sustainable electricity generation and supply. Avoidance of fossil fuel use
and reduced GHGs gas
emissions
Creation of employment and
business opportunities
• Develop and implement Local Employment and Procurement
Policy.
• Ensure engagement and training of locals throughout the life cycle
of the sub-project.
• Ensure compliance with national and international labour law.
• Ensure due diligence and adherence to the required local content
policy.
• Ensure award of contracts to local contractors.
Visual intrusion and disruption
to aesthetics
• Retain natural vegetation as much as possible within the solar
plant.
Risk of electrocution to
workers
• Develop a sub-project specific Occupational Health and Safety
Plan (OHSP) commensurate to the sub-project activities.
• Prohibit drug and alcohol use by workers while on the job.
• Provide adequate first aiders at site.
• Restrict unauthorized access to all areas of high tension potential
to prevent electrocution.
• Establish “No Approach” zones around or under high voltage
power lines in conformance with TCN requirements.
• Use proper signage (In English and local languages) and
engineering barriers (e.g. fencing) to limit access to electrically
energized equipment and conductors in order to prevent access
to electrical hazards by unauthorized individuals.
Potential for fire outbreak due
to failure of electrical
installations
• Install appropriate fire safety and protection system and
equipment.
• Train workers on fire prevention techniques and the use of different
fire extinguishing agents and equipment for fire protection.
• Ensure routine inspection and prompt repair of any malfunctioning
electrical installations.
• Develop and implement Emergency Response and Contingency
Plan to respond to on-site emergency issues
Technology transfer and
training of sub-project staff on
solar power plant
management, operation and
maintenance.
• Develop and implement Local Employment and Procurement
Policy to cover the entire sub-project life cycle.
• Ensure engagement and training of locals to operate and manage
the solar PV farm after construction.
Increased revenue
generation to government
through permits & taxes
• Ensure payment of taxes to government as at when due.
• Demand tax clearance certificate and necessary permits before
awarding contract to local contractors.
Waste generation from used
batteries, spoilt/broken panels
• Develop and Implement a site-specific Waste Management Plan
(WMP) to prevent unregulated dumping of waste.
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Impacts Mitigation/Enhancement Measures
as well as domestic waste. • Develop a buy back agreement with manufacturers and suppliers
of batteries, panels and other materials that cannot be easily
disposed.
• Ensure that hazardous wastes are stored in properly labelled closed
containers placed away from direct sunlight, wind and rain.
• Provide secondary containment with 110% of storage containers
for hazardous waste.
• Ensure usage of government approved waste vendor.
Soil contamination from
transformer oil and other
petroleum products
• Prepare and implement an Emergency Response Plan to respond
to incident of spillage.
• Store fuels and other supplies for site construction activities in
designated area in the sub-project site.
• Ensure regular maintenance of vehicles to avoid leaks of motor oil,
hydraulic fluid and other hazardous materials.
• Develop and Implement a site-specific Waste Management Plan
(WMP) to prevent unregulated dumping of waste.
Risks of occupational
accidents and injuries to
workers including exposure to
hazardous chemicals,
electrocution, falls from
heights etc.
• Develop a sub-project specific Occupational Health and Safety
Plan (OHSP) commensurate to the sub-project activities.
• Prohibit drug and alcohol use by workers while on the job.
• Provide adequate first aiders at site.
• Provide and enforce usage of appropriate PPE
• Restrict unauthorized access to all areas of high-tension potential
to prevent electrocution.
• Establish “No Approach” zones around or under high voltage
power lines in conformance with TCN requirements.
• Use proper signage (In English and local languages) and
engineering barriers (e.g. fencing) to limit access to electrically
energized equipment and conductors in order to prevent access
to electrical hazards by unauthorized individuals.
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13 ANNEX 3: RESETTLEMENT POLICY FRAMEWORK
13.1 Introduction Nigeria has a population of over 180 million people and currently faces major
energy challenges with as much as 98 million people, ~55% of its citizens, lacking
access to grid-connected electricity as at the end of 2015. Even with an installed
capacity of ~11,165 MW as at December 2017, available daily generation
capacity has been erratic ranging from 3,000 MW to 5,000 MW due to gas,
transmission and distribution constraints. This is short of the required electricity to
supply its huge and growing population. This shortfall in generation capacity has
led to the proliferation of many individuals and businesses owning and using diesel
generators, which are inefficient and polluting. This has the resultant effect of
increasing GHG emissions in the country. Between the years 1990 through 2010,
the GHG emissions increased from 164 million tonnes (MT) CO2eq to 263MT
CO2eq. Population growth along with predicted economic growth is expected
to drive the GHG to over 900 MT CO2eq by 2030 The installed energy mix in Nigeria
is 26% from hydro and 74% from oil, gas and other fossil fuels, highlighting the
significant amount of room for growth of solar power within Nigeria’s installed
energy mix. It is estimated that that 100 litres of diesel is used to produce 1MWh
electricity. In relation to the Nigerian Solar IPP program, this could translate to a
proposed 100 MW solar PV project having a potential to displace the burning of
2.3million litres of diesel each year. Consequently, the proposed Nigerian Solar IPP
program will significantly reduce GHGs emissions in the sub-project areas and
ultimately reduce the carbon footprint of the nation.
Facing serious electricity supply deficit over many years, Federal Government of
Nigeria (“FGN is actively seeking to improve conditions for private investment in
the power and energy sector. Solar power is a critical component of the power
policy of the FGN who has reaffirmed its commitment to increasing renewable
energy capacity as a part of Nigeria’s Vision 2020. Overall, the Vision 2020
programme presents an ambitious goal of 35,000 MW by 2020, of which 10% is
targeted to be provided from renewable energy (3,500 MW).
To show its commitment to increasing generation and diversifying away from
thermal and hydro, the FGN through the Nigerian Bulk Electricity Trading Plc
(“NBET”), the off-taker, signed several utility scale solar Power Purchase
Agreements (PPAs) in July 2016 to supply ~1,125 MW of power to the Nigerian
power grid. The 14 IPP sub-projects, mostly located in the northern part of Nigeria
are expected to bring significant diversification from diesel generation sources. To
date, none of these sub-projects have been able to reach financial close.
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In support of the development and implementation of the Program, the Africa
Finance Corporation (“AFC”), an Africa focused infrastructure financing institution
with US$3.9 billion in total assets and US$4.4 billion in total disbursements and the
African Development Bank (“AfDB”), a pan-African development finance
institution with more than 80-member states and 54 regional member countries;
the two highest rated financial institutions in Africa, are together proposing to
work with the Green Climate Fund (“GCF”) on a Nigeria Solar Intervention
Program, which will catalyse the delivery of c.400MW of renewable power, (the
“Program”), ensuring the successful financing, construction and operations of the
first utility scale power projects in the country. The Program will consist of US$300
million to be equally provided by GCF, AfDB and AFC, and will provide
concessional debt alongside local financial institutions for the construction of 3 –
5 of the Program. Each of the 14 IPP’s will be required to submit relevant
documentation and those that meet the selection criteria will be shortlisted. The
intent is for debt to be provided alongside local financial institutions in order to
support an aggregate of sub-projects with total costs of up to US$467 million. The
Program is expected to reduce or avoid 476,487t CO2 eq on an annual basis
(9,529,739 t CO2 eq. over the life of the Program), at least 1 million households in
Northern Nigeria will be direct or indirect beneficiaries, reduce the perceived risks
of investing in the Nigerian renewable energy sector and catalyse private sector
investment in the sector.
As part of the E&S safeguards documentation required to support the AFC and
AfDB application for GCF funding, a Resettlement Policy Framework (RPF) is
required for the Program.
13.2 Program Description There is currently no utility scale solar IPP PV project in Nigeria. This Program is an
opportunity to spearhead the development of the first of such projects, which will
have significant demonstration effect to FGN and the energy and power market
in the country, with the seventh most populated country in the world (190 million)
according to the world population review
The main objective of the Program is to provide long term financing to selected
sub-projects within the Program. The Program offers a financing package to
selected projects meeting the selection criteria. Funding from the Program will be
used to incentivize sponsors to optimize their financial structures, the selection
criteria will incorporate a ranking that will benefit projects, which require less
concessional funding as a percentage of project cost.
Under the Program, it is envisaged that GCF’s funding amount will be transferred
to the AFC as governed by the FAA. The ‘transfer’ of funds will be structured as a
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loan between AFC and GCF, which AFC will subsequently on-lend15 to each of
the selected sub-projects. Thus, AFC will show as the lender of record for GCF
funds provided to each of the selected projects, albeit through a separate
tranche.
There are currently 14 solar IPP projects in Nigeria with a total generation capacity
of 1,175MW. Of these, a total of 13 are being considered for funding under the
Program. It is expected that 3 - 5 projects will be financed under this Program. No
other sub-projects outside the Program will be considered for funding.
Some technical details about the sub-projects is presented in Table 13.1. The
specific locations of the 13 projects (within the IPP projects) which are being
considered for funding under the Program are presented in Figure 13.1. Location
of 13 sub-projects being considered for funding under the Program
Additional details about sub-projects (including types of solar power energy,
design, technology, land requirements, stakeholders, etc) will be discussed in the
individual E & S documentation (e.g. ESIA, RAP, LRP, etc) once the sub-projects
selected for funding under this lending program have been identified.
Table 13.1. Summary of all the Solar IPPs signed by the Federal Government of Nigeria
Project / Project Company State Capacity
(MW)
Land
requirements
Financial
Close
1 Pan Africa Solar Katsina 75 120ha NO
2 Nigerian Solar Capital Partners Bauchi 100 TBC NO
3 Afrinegia Power Limited Nasarawa 50 TBC NO
4 KVK Power Limited Sokoto 50 178.9ha NO
5 Middle Band Solar One Kogi 100 TBC NO
6 Novia Scotia Power Development
Company
Jigawa 80 TBC NO
7 CT Cosmos Plateau 70 TBC NO
8 Oriental Renewable Solutions Jigawa 50 TBC NO
9 Quaint Abiba Power Kaduna 50 TBC NO
10 Anjeed Innova Group Kaduna 100 262.77ha NO
11 EN Africa Kaduna 50 150ha NO
15 As per the GCF E & S guidelines, the AFC in this transaction can be considered as a Financial Intermediary
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12 Motir Dusable Limited Enugu 100 N/A N/A
13 Nova Solar 5 Farm Limited Katsina 100 N/A N/A
14 LR Aaron Power Abuja 100 N/A N/A
*Project No 14 (LR Aaron Power) is not currently being considered for inclusion under the
Program.
TBC . To be confirmed. This implies that substantive sub-project information is not yet available.
The ESDD process to be deployed for selected sub-projects will be aligned to the processed
detailed in ESMF.
N/A. this is the sub-projects within the 14 Solar IPP program which will not be considered for
funding under the Program.
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Figure 13.1. Location of 13 sub-projects being considered for funding under the Program
The location of these sub-projects is significant for a variety of reasons:
g. The bulk of them are situated in areas with high irradiance
h. Apart from the positive environmental benefit associated with solar, solar is the
most feasible way of generating power in Northern Nigeria. Most of the main
Northern cities are located over 1,000 km from the main thermal power stations
in the Southern part of the country.
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i. Solar has the potential to provide power to the underserved load centers and
increase economic activity in Northern Nigeria.
j. With its location in Northern Nigeria, the Program has a key role in increasing
generation capacity in power-starved areas and catalyzing economic
development where the power shortage is the most severe with limited
generation options.
k. The bulk of the 13 sub-projects being considered under the Program are in the
predominantly Derived Savannah and Guinea Savannah areas in Northern
Nigeria which has high climate vulnerability, food insecurity, extensive
deforestation, and with high dependency of the population on biomass
energy as well as inefficient technologies which further aggravate the
vulnerability of livelihoods to climate risk.
l. Over 50% of the 13 sub-projects being considered for funding under the
Program are in the 10 poorest states in Nigeria.
There is the potential that some of the sub-projects being considered for the
funding program may result in local impacts associated with physical or
economic resettlement. At this stage, the specific sub-projects that will be
considered under the AFC-AfDB-GCF funding program has not yet been
decided. As such the most appropriate E&S safeguard instrument to be prepared
in compliance with the AFC, GCF and AfDB is the Resettlement Policy Framework
(RPF).
13.3 Rationale of the RPF This RPF defines the process by which potential sub-project resettlement impacts
leading to the need for an FRAP/ARAP or LRP will be screened, and impact
assessment and compensation measures developed and implemented. Once
the sub-projects, specific sites and the beneficiary communities have been
defined clearly, all sub-projects and activities will be screened and the
appropriate mitigation tools such as ESIAs ESMPs, ARAP or LRP will be developed
were applicable in line with applicable safeguard requirements. The screening
process will be aligned to the screening process outlined in ESMF Annex 1A
(presented in a separate submission).
This Resettlement Policy Framework (RPF) provides the necessary background to
ensure that any sub-projects that might involve land acquisition and/or
resettlement and loss of livelihoods of any people will comply with both Nigerian
law and the Bank's Operational Safeguards.
The RPF will prescribe the process from the preparation, through review and
approval to implementation of the sub-projects that will ensure that the
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substantive concerns of all AfDBs Operational Safeguards and relevant Nigerian
policy and legal frameworks will be adequately addressed.
For each sub-project considered for funding an FRAP or ARAP (as applicable) will
be prepared and submitted to the AFC and AfDB for approval once specific
information about land appropriation is available. The RPF describes the design
criteria for the resettlement of affected persons in the course of implementation
of the sub-project, the legal context, the process for the preparation of a RAP,
the content of a Plan, the process for its execution and finally the required
institutional organization.
13.4 Purpose of the Resettlement Policy Framework Involuntary resettlement involves the displacement of people arising from
development projects which encroach on their productive assets, cultural sites
and income sources such as land, grazing fields, other assets, etc. What
distinguishes involuntary from voluntary resettlement is that the former involves
people who may be displaced against their wishes, as they are often not the
initiators of their movement.
The implementation of the Program may trigger the involuntary resettlement
policy as minimal displacement is anticipated because land may be acquired
for sub-projects activity purposes and affected persons will need to be
compensated for loss of land, crops, dwellings and other structures, and
livelihoods.
This Resettlement Policy Framework (RPF) has therefore been prepared to
appropriately deal with matters such as the necessity for land acquisition,
compensation and resettlement of people affected by the implementation of
the sub-projects.
13.5 Objectives of the Resettlement Policy Framework
The overall objective of the RPF is to provide guidance on how to deal with issues
relating to land acquisition, compensation and resettlement during the
implementation of the sub-project. This will ensure that displaced and resettled
persons are compensated for their loss at replacement cost, given opportunities
to share in sub-project created benefits, and assisted with the move and during
the transition period at the resettlement site.
The specific objectives of the RPF are as follows:
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i. to minimize, as much as possible, acquisition of land for implementation
of sub-project components, where such acquisition or project related
activities will result in adverse social impacts,
ii. to ensure that where land acquisition is necessary, this is executed as
sustainable programs to enable people share in the project benefits,
iii. to ensure meaningful consultation with people to be affected or displaced;
and
iv. to provide assistance that will mitigate or restore the negative impacts
of the project implementation on the livelihoods of people affected in
order to improve their livelihoods or at least restore to pre-project levels.
v. outline roles and responsibilities by various stakeholders in the planning,
implementation, monitoring and evaluation of resettlement activities.
vi. Allow redress among communities affected by sub-project activities; and
vii. Reduce stress on sub-project affected communities/households.
The operational objective of the framework is to provide guidance to
stakeholders participating in the mitigation of adverse social impacts of the sub-
project, including rehabilitation/resettlement operations, in order to ensure that
PAPs will not be impoverished by the adverse social impacts of the project.
The target groups for the RPF are all the stakeholders relevant to the
implementation of the sub-projects to be considered for the Program. This
includes PAPs, communities and NGOs as applicable.
13.6 Legal and Administrative Framework governing resettlement in
Nigeria The legal framework relating to resettlement issues consists of the various pieces
of Nigeria legislation and AfDB Operational Safeguards (OS2) and IFC
Performance Standard 5.
The legal basis for resettlement in Nigeria is the Land Use Act of 1978, modified in
1990. According to the Act, all land in Nigeria is vested in the Governor of each
State, to be held in trust for the use and common benefit of all people. The
administration of urban land is directly under the control and management of the
Governor, whereas non-urban land is under the control and management of the
Local Government Authority. The Governor has the right to grant statutory rights
of occupancy to land while the Local government has the right to grant
customary rights of occupancy. Since the Land use Act gives to the State
ownership of all land, compensation by sub-projects is restricted to structures,
installations, and improvements on the land, not the land itself. However, the Act
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does require the State or Local Government to provide alternative land for
affected people who will lose farm land, residential (commercial/industrial) plots.
13.6.1 Land Use Act – 1978
The principal piece of legislation for the expropriation of land in Nigeria is the Land
Use Act, 1978 Cap L5, and Laws of the Federation of Nigeria (LFN) 2004. The law
establishes the legal framework for government expropriation of land from
individuals and communities, when it is required for “overriding public
interest/good”. It prescribes the circumstances under which the State can revoke
rights of occupancy to the land and the compensation provisions that are
required.
Before 1978, the principal land tenure systems differed in Northern Nigeria and
Southern Nigeria, with the Northern Nigeria Land Tenure System [NNLTS] and the
Southern Nigeria Land Tenure System [SNLTS]. Traditionally, NNLTS was based on
the premise that land belongs to the Government (i.e. no private ownership),
while the SNLTS was based on the premise that land belongs to communities,
families and individuals.
The Land Use Act came into force on 29th March 1978 and replaced all pre-
existing land tenure systems in Nigeria. The Act essentially does three things:
• It places land into two categories: urban land and non-urban land, as
designated by the Governor of a state wherein the land lies.
• It redefines title in land to be a right to occupy or use the land, rather than
to own it; namely:
o a statutory right or a deemed statutory right of occupancy for land
in urban areas; and
o a customary right or a deemed customary right of occupancy for
land in non-urban areas.
• It empowers the Governor of a state to revoke rights of occupancy.
There were several key repercussions as a result of the Act:
• There is now a common Land Tenure System throughout the country;
• Control and management of land is in the hands of Government;
• A system of registration of titles has been introduced and paper titles
(Certificates of Occupancy) are issued; and
• The process of acquiring land is deemed to have been simplified for
developers.
The most significant change in the land tenure system, brought about by the Land
Use Act, is the empowerment of the Governor of a state to revoke rights of
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occupancy compulsorily, for public purpose. Section 28(1) makes it lawful for the
Governor to revoke a right of occupancy for “overriding public interest”.
Sections 28 (2)(b) and (3)(a) define this to mean, among other things, “…the
requirement of the land by the state for public purposes within the state”. This
means that a governor can revoke the right of occupancy to land (i.e.
expropriate) for use either by the State, Local or Federal authority for overriding
public interests. As per the provisions of the Land Use Act, this can include
telecommunication, power projects, hospitals, market places, mining activities or
agricultural use etc. When rights of occupancy are subject to revocation in this
way, holders of rights of occupancy are, under the Land Use Act, entitled to
compensation.
However, this compensation is for the value of land improvements (“unexhausted
improvements”) at the date of revocation (section 29). In other words, PAPs are
not entitled to compensation for the land itself, but rather for improvements made
to that land. Depreciation is considered when assessing the value of these
improvements based on the national process of land-taking. The term
“unexhausted improvement” is defined in Section 51 of the Land Use Act as:
“anything of any quality permanently attached to the land directly resulting from
the expenditure of capital or labour by an occupier or any person acting on his
behalf and increasing the productive capacity the utility or the amenity thereof
and includes buildings, plantations of long lived crops or trees, fencing, wells,
roads and irrigation or reclamation works, but does not include the result or
ordinary cultivation other than growing produce.”
Where occupancy rights are not claimed by any one individual, the Act states
that the recipient of the compensation may be:
a. the community;
b. the chief or leader of the community, to be disposed of by him for the
benefit of the community in accordance with the applicable customary
law; or
c. a community fund, to then be utilised for the benefit of the community
(section 29(3)).
All rights of occupancy whether granted by the State or Local authority are
typically for a fixed tenure and not usually more than 99 years. A person may not
be entitled to compensation if the leasehold has expired.
The Land Use Act has provisions for compensation in kind, rather than cash,
through the provision of Resettlement Land. Section 33 of the Land Use Act
stipulates that, when alternative land has been given, compensation will be
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deemed to have been made. The concerned party is thereby prevented by law
from demanding further financial compensation.
The provision of Section 43 of the Constitution affirms the fundamental rights of
persons and communities to own and hold land or property. It stipulates that any
authority taking such land must do so in accordance with a law made in that
regard. Importantly, such authority is required to pay the affected party
compensation. Additionally, they must afford the right of access to the relevant
adjudicatory forum, where any grievances regarding the amount of
compensation to be paid and/or interest to the land in question, can be raised
and resolved.
13.6.2 Electric Power Sector Reform (EPSR) Act - 2005
This piece of legislation repeals and replaces the Decree 24 of 1972, to enhance
service delivery in all facets of its operation i.e. generation, transmission and
distribution.
The EPSR Act details the consultations Nigeria Electricity Regulatory Commission
(NERC) has to undertake with both the rights holders and Commissioner of Land
of relevant State of the Federation before land can be legally expropriated from
person and communities (Sections 77(1), (2) and (3) EPRS Act).
The EPSR Act affords rights holders and/or land occupiers to challenge the
declaration by the Commission. It states that any person or group of persons
including the right holders or occupiers affected by the decision of the
Commission may apply to the Commission for a review of the Commission’s
decision (Sections 77(8), 50(1) and 78(4), EPRS Act). The EPSR Act also affords the
concerned aggrieved party the opportunity of being heard publicly in
accordance with Sections 36 and 44 (1) (b) of the Constitution, 1999 as amended.
Moreover, an aggrieved party may further appeal against the decision of the
Commission to the Federal High Court (Section 49, EPSR Act).
It is not possible for the President or the Electricity Commission to suo motu
(effectively acting under its own volition) revoke the right of occupancy over a
piece of land deemed necessary for a power/other project. Rather, the Governor
is vested with this responsibility and is required to exercise it carefully, with
appropriate engagement with sub-project stakeholders.
13.6.3 Nigeria Electricity Regulatory Commission (NERC)
NERC is the independent regulatory body for the regulation of the electric power
industry in Nigeria. Established through the EPSR Act of 2005, NERC is responsible
for the review of electricity tariffs, subsidy policies, promotion of efficient and
environmentally friendly electricity generation and enforcing standards for
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electricity creation and use in Nigeria. NERC is largely responsible for regulating
tariffs of power generating companies 1.
NERC has the following legislation in place, Acquisition of Land Access Rights for
Electricity Projects Regulations, 2012, to provide a regulatory framework for:
a. the acquisition of land and access rights for electricity projects in Nigeria;
b. making provisions for the payment of compensation and resettlement of
persons affected by the acquisition of their land for the establishment of
electricity projects; and
c. the monitoring and evaluation of project designs of licensees to ensure
compliance with environmental standards.
The Regulations apply to the acquisition of land access rights for electricity in
Nigeria, including projects related to generation, transmission and distribution of
electricity.
13.6.4 Transmission Company of Nigeria (TCN)
TCN was incorporated in November 2005, emerging from the defunct National
Electric Power Authority (NEPA) as a product of the merger of the Transmission
and Operations sectors on April 1, 2004. Being one of the 18 unbundled Business
Units under the Power Holding Company of Nigeria (PHCN), the company was
issued a transmission license on 1st July, 2006. TCN licensed activities include:
electricity transmission, system operation and electricity trading which is ring
fenced. TCN has the following legislation in place, Harmonised Rates for
Economic Trees and Cash Crops for Compensation Assessment, July 21, 2009.
13.6.5 Overview of the Land Take process in Nigeria
The process involves the following steps:
Step 1: Preparation of a Survey Description
This is a preliminary survey / mapping of the property intended for land-take. The
survey description should be prepared by the Ministry of Lands and should contain
the following information:
• Position and dimensions of the land parcel to be acquired;
• Spatial relation to other properties in the area; and
• A list of all the communities on the property.
The survey description provides the basis / information upon which approval for
the chosen property to be acquired is provided and the property is thus surveyed
or marked out with suitable marking points (see Step 3).
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Step 2: Publication of a Notice of Acquisition
This is usually prepared by the Ministry of Lands and is then published in two
newspapers (one national and the other local) and the government gazette, in
order to enable any claims or objections to the intended acquisition to be made.
These claims have to be made within a six-week period.
The notice must also be approved and signed by the Governor, along with the
survey description, before publication. Both documents are usually forwarded to
the Governor with a covering memo prepared by the Permanent Secretary and
signed by the Honourable Commissioner for Lands.
Claims are then usually forwarded in writing to the Ministry of Lands within six
weeks of the publication of the notice, following which the processing of claims
and the negotiation of compensation can begin.
Step 3: Surveying the Property
Surveying can be conducted immediately, and before the expiration of the six-
week notice period. The time that this takes to complete depends on the speed
with which the survey fees are agreed and funds dispersed to the Ministry of
Lands. It is understood that the Ministry of Lands has the sole right to do the
surveying work when (in the case of this Program) it is the State that is acquiring
the land. However, this does not prevent independent surveyors from being
employed by the Program in order to ensure compliance with international
standards. This step incorporates detailed consultation with local communities on
the LRF principles and the start of the direct consultation process directly with the
affected individuals.
Step 4: Assessment
This is essentially a State enumeration and valuation of unexhausted
improvements on the land (estimates of compensation amounts due to affected
individuals) to determine the compensation liability of government and for tax
purposes (in cases involving private purchase of land). The compensation
amounts arrived at are then discussed with the affected community or its attorney
where the evaluator is present. Once agreement is reached, the compensation
is paid. In some cases, direct disbursement takes place to each household. In
other cases, the compensation is provided to the attorney who is then responsible
for onward distribution.
Step 5: Registration and Stamping
This process involves placing land sale agreements (including survey plans / maps
clearly delineating the piece of land in the sale transaction) at the lands registry
/ records after they have been stamped at the office of Commissioner of Stamp
Duties, upon the payment of a fee. The Certificate of Occupancy is also
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registered at the Lands Registry for records purposes, after stamping of the
documents. In the case of compulsory land-take (as in the Program case) there
are no sale documents for stamping or registration; however, the Certificate of
Occupancy issued to the Project Company may be registered with the Lands
Registry.
Step 6: Preparation of Certificate of Occupancy
The Certificate of Occupancy is then prepared by the Ministry of Lands and
signed by the Governor, after which it is issued to the applicant. The overall land
acquisition process may be concluded within approximately twelve to eighteen
weeks.
13.6.6 Legal Mechanisms for Resolving Land-related Grievances
The Constitution
The Constitution specifically guarantees the right of individuals to acquire and
own immovable property [Section 43]. It further gives individuals the right to
dispute decisions made in the courts of the country. If any person feels that their
right to own and acquire property is threatened or their entitlement to
compensation has been overlooked or underestimated, they may approach the
High Court of a State for necessary redress [Sections 44 (a) and (b) and 46 of the
Constitution].
Land Use Act
The Land Use Act only makes provisions for a dispute in relation to compensation
payable; stating that it should be referred to the relevant committees established
by the governor of the concerned state. There are no provisions in place for
challenges against the legitimacy of a revocation order by the governor. This may
be connected to the Trusteeship position of the governor and the fact that such
revocation is seen to be based on the overriding public good of the people.
An aggrieved party may approach the high court of a state in relation to
compensation payable for improvements on land (Section 39 (2)). In urban areas,
aggrieved persons or group of persons are to raise their grievances with the Land
Use and Allocation Committee. For non-urban areas, such disputes are laid
before the Land Allocation Advisory Committee. These two committees are
constituted by the governor of a state.
13.6.7 Scope of the Land Use and Allocation Committee
The Terms of Reference of the Land Use and Allocation Committee are described
in Section 2(2) (a) – (c) of the Land Use Act and includes:
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• advising the governor on any matter connected with the resettlement of
persons affected by revocation of right of occupancy on the grounds of
overriding public interest; and
• determining disputes as to the amount of compensation payable under the
Act for improvement on land.
The Committee is made up of at least two (2) people who are qualified under the
civil service to be appointed estate surveyors or land officers.
13.6.8 Traditional Land Tenure in Nigeria
The legal context of land tenure in Nigeria is complex, resulting from the co-
existence of traditional (at times with Islamic influence) and state systems, neither
of which is dominant.
Traditional land tenure in Nigeria is based on traditional laws under which land is
considered community property. Title to land under traditional law is vested in the
community; no individual within the unit can lay claim to any portion of it as a
formal owner. Individuals only ever retain rights to use. Normally, the village chief
of a community acts as the ‘manager’, holding the land for the use of the whole
community, and they mediate disputes involving traditional landholdings.
An individual enjoys rights to the land for farming within his lineage or community
area. The individual possesses the land to the extent that he uses it for his family’s
or society's benefit and passes the land on to heirs (i.e. traditional rights to land
can be inherited) or pledges its use to satisfy a debt. The right of disposal belongs
to the community only, which, acting through traditional authorities or family
representatives, exercises this right in accordance with traditional law.
Where decisions about land use need to be made within a family, representative
members of different branches are selected (e.g. from different branches within
a polygamous family) and come to agreement about the issue. This happens
most often regarding transactions between the family and third parties in
conjunction with the village chief.
Under traditional land tenure women can inherit land from their fathers, but not
from their husbands. While women may be “granted” plots by their husbands,
often for crop production, they do not retain the right to use this land following
their husband’s death. Rather, the total land holdings of the husband are
subdivided equally according to the number of wives, and use rights pass directly
to the children. This includes passing to female children, so women are able to
inherit land from their fathers, through their mothers. They are then free to pass this
land on to whomever they choose.
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13.6.9 Certificates of Occupancy
The Nigerian mechanism to formalise customary land ownership is a Certificate of
Occupancy, which is issued by an authorised Government Office as evidence of
a holder’s right to occupy and use a specific piece of land under certain terms
of contract. Certificates of Occupancy afford customary rights of occupancy to
land in non-urban areas for agricultural, residential, grazing and other uses.
Certificates of Occupancy can be granted for a period of time up to 99 years.
13.6.10 Institutional Framework
Compensation and resettlement issues fall under the jurisdiction of various levels
of government in Nigeria. They are also governed by a range of legislation. Some
of the principle government institutions and laws and their impacts are described
below.
Federal Government
Nigeria functions under a Presidential system of government. The President,
elected for a maximum of two terms of four years each, serves as both head of
state and head of government. The President wields executive power through the
Federal Executive Council, which is also composed of the Vice President and a 23-
member cabinet.
Legislative power is vested in the bicameral National Assembly of Nigeria, whose
members are popularly elected for four-year terms. The upper house (Senate)
comprises 109 members while the lower house (House of Representatives) has 360
members. The Senate and House of Representatives have concurrent legislative
functions. Bills are not deemed to be validly passed if they have not received the
joint assent of both houses.
The Federal Government typically has limited involvement in land acquisition and
resettlement, except in cases related to federal property, which is not the case
for this Program.
State Government
Nigeria is a federal republic comprised of 36 states and a Federal Capital territory
in Abuja. The executive powers of each state are vested in the governor, who
exercises these powers directly or through the deputy governor, commissioners or
other designated state officials. The legislative powers of a state are vested in the
House of Assembly. The House of Assembly has power to make laws for the peace,
order and good government of the state.
In light of the fact that the Land Use Act (1978) prohibits challenge to the
acquisition of land and gives the Governor of the State/Local Councils authority
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to issue (or revoke) statutory or traditional rights of occupancy, the main focus of
government engagement for land acquisition and resettlement is at the State
and Local Government levels.
The ministries and parastatals at the state level that will have some input into or
provide some oversight regarding land acquisition, land-take and resettlement
planning include the Ministry of Land; Ministry of Agriculture; Ministry of
Environment; Ministry of Water Resources; Ministry of Commerce; Ministry of Local
Government; Ministry of Justice and Ministry of Women Affairs.
Local Government
At the local level, sub-projects fall within a particular Local Government. A typical
LGA is headed by an Executive Chairman, and has a Vice Chairman, Secretary to
the Local Government, Treasurer and a Council Manager who, together with the
department supervisors, form the Executive Committee. Key departments at the
local government level which are likely to be of relevance to this Program include:
Women’s Affairs and Poverty Alleviation; Education (specifically the Local
Government Education Authority); Agriculture and Rural Development (including
Culture and Tourism, and Community Development Associations); Works and
Housing; and Health (Medical Officer of Health).
Local government administrations usually have a wide variety of functions
prescribed under the Constitution, including but not limited to:
• Construction and maintenance of roads, streets, street lightings, drains,
parks, gardens and open spaces.
• Provision and maintenance of public conveniences, sewage and refuse
disposal
• Registration of births, deaths and marriages.
• Assessment of privately owned houses or tenements for the purpose of
levying such rates as prescribed by the House of Assembly of the State.
• Participation in the provision and maintenance of primary, adult and
vocational education.
• The development of agriculture and natural resources, other than the
exploitation of materials
• The provision and maintenance of health services.
• Establishment and maintenance of cemeteries, burial grounds and homes
for the destitute or infirm.
Traditional Leadership
The traditional leaders are the custodians of the land who oversee day to day
activities in the various communities. They are relevant for the engagement with
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affected persons and information dissemination. They also have local knowledge
which could be relevant to the Program and are key in achieving community buy
in. Their role is to facilitate stakeholder engagement at the community level,
manage disputes and grievances, and provide information on community
preferences and livelihood restoration options.
13.6.11 International Standards and Guidelines related to Involuntary
Displacement
In addition to the need to adhere to Nigerian legislative requirements, the
Program will also seek to align with the international standards of AfDB and IFC.
The African Development Bank Group’s (AfDB) Integrated Safeguard
System
In 2013 the African Development Bank Group updated their policy on Involuntary
Resettlement and created an Integrated Safeguards System (ISS) to improve
clarity, coherence and consistency as well as overall operational effectiveness.
Resettlement is covered under Operational Safeguard 2 (Involuntary
Resettlement: Land Acquisition, Population Displacement and Compensation),
which includes comprehensive notions of livelihood and assets, accounting for
their social, cultural, and economic dimensions. It also adopts a definition of
community and common property that emphasises the need to maintain social
cohesion, community structures, and the social interlinkages that common
property provides. It furthermore stresses the importance of improving living
conditions for PAPs through a Livelihood Restoration programme. OS 2 has the
following specific objectives to:
• avoid involuntary resettlement where feasible, or minimise resettlement
impacts where involuntary resettlement is deemed unavoidable after
having explored all other alternative project designs;
• ensure that displaced people are meaningfully consulted and given
opportunities to participate in the planning and implementation of
resettlement programmes;
• ensure that displaced people receive significant resettlement assistance
under the sub-project, so that their standards of living, income-earning
capacity, production levels and overall means of livelihood are improved
beyond pre-project levels;
• mitigate the negative impacts of displacement and resettlement, actively
facilitate social development and establish a sustainable economy and
society; and
• set up a mechanism for monitoring the performance of involuntary
resettlement programs and remedying problems as they arise so as to
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safeguard against ill-prepared and poorly implemented resettlement
plans.
International Finance Corporation (IFC)
The IFC’s Performance Standard 5: Land Acquisition and Involuntary Resettlement
recognises that project-related land acquisition and restrictions on land use can
have adverse impacts on communities and persons that use this land and has the
following key objectives:
• To avoid, and when avoidance is not possible, minimise displacement by
exploring alternative project designs;
• To avoid forced eviction;
• To anticipate and avoid, or where avoidance is not possible, minimise
adverse social and economic impacts from land acquisition or restrictions
on land use by (i) providing compensation for loss of assets at replacement
cost 1 and (ii) ensuring that resettlement activities are implemented with
appropriate disclosure of information, consultation, and the informed
participation of those affected;
• To improve, or restore, the livelihoods and standards of living of displaced
persons, and
• To improve living conditions among physically displaced persons through
the provision of adequate housing with security of tenure at resettlement
sites.
Involuntary resettlement in IFC PS 5 refers both to physical displacement
(relocation or loss of shelter) and to economic displacement (loss of assets or
access to assets that leads to loss of income sources or means of livelihood) as a
result of project-related land acquisition. Resettlement is considered involuntary
when affected individuals or communities do not have the right to refuse land
acquisition which results in displacement. Where it is unavoidable, appropriate
measures to mitigate adverse impacts on displaced persons and host
communities must be carefully planned and implemented.
13.6.12 Comparison of Relevant National Legislation and International
Standards
The primary difference between national legislation and international
resettlement standards is that Nigerian law concentrates on compensation for lost
assets, whereas the IFC PSs and AfDB Safeguards have an additional focus on
livelihood enhancement (or, as a minimum, restoration). Emphasis is not only on
compensation for lost assets but also on assisting people to improve (or at least
restore) standards of living, incomes, and livelihoods. This includes providing
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access to income-earning opportunities such as agricultural production or to
natural resources deemed critical for subsistence.
Nigerian legislation does not provide any compensation for the value of lost land
(except for reimbursement of any rent paid by the occupier during the year in
which the right of occupancy was revoked). PS 5, conversely, stipulates that,
where physical replacement of the land is not possible, compensation at full
replacement value should be provided. If land is not available or if national policy
does not provide for compensation, then non-land based options, including;
employment opportunities, assistance to establish businesses, or dedicated
support services, should be provided.
With regard to loss of access to commonly held resources, Nigerian legislation
provides that, where a right of occupancy of land owned by the community is
revoked for public purposes, compensation for unexhausted improvements on
the land, taking account of depreciation, may be paid to the community at the
relevant governor’s discretion and such payment may be to the relevant chief on
behalf of the community or into a specially designated fund for the benefit of the
community. PS 5 on the other hand provides for compensation to offset
restrictions on access to communal resources. Assistance measures may include
initiatives to enhance the productivity of the remaining resources, to which the
community will continue to have access, in-kind or cash compensation for the
loss of access, or access to alternative sources of the lost resource. Depreciation
is explicitly not to be taken into account in calculating compensation for lost
assets.
The Program will follow Nigerian legislation and will also implement such additional
measures as are necessary to achieve outcomes that are consistent with the AfDB
Safeguards and the IFC Performance Standards. Table 1 below compares the
AfDB Safeguards and IFC PS stipulations to Nigerian legislation for those categories
of displacement impacts that sub-project activities are expected to incur.
To avoid repetitions in the table below, relevant citations are referenced only
once, even if they are relevant to more than one sub-project impact. For
example, although livelihood restoration is an entitlement related to many
different types of project impact, PS 5 guidance on livelihood restoration is mainly
cited in the ‘Loss of Land’ Section. Similarly, the requirement to comply with local
regulations of the jurisdiction in which the resettlement is being undertaken is only
cited once, although it applies across the entitlement matrix.
PS5 frequently references the high-risk nature of displacement and Guidance
Note 11 states that “Compensation alone does not guarantee the restoration or
improvement of the livelihoods and social welfare of displaced households….” In
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this context, low-cost mechanisms such as the allowing PAPs to harvest their
standing crops prior to the start of the construction process and/or providing
training on how to improve the agricultural techniques used by the PAPs, can
provide an efficient means to reduce impacts on displaced households.
Table 2.1 provides a summary of the broad comparison of the AfDB and IFC
standards for involuntary displacement with the relevant Nigerian legislation.
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Table 2.1: Comparison of Nigerian Law and principles of the AfDB and IFC applicable to Involuntary Displacement (Economic
Displacement)
Category Nigerian Legislation AfDB OS 2 IFC PS5
Minimise Land
Take and
Involuntary
Displacement
Explore all viable alternative project
design options to ensure minimisation
of impacts (Land Use Act of 1978)
Sub-project proponent to consider feasible
alternative project designs, including re-
siting and re-routing, to avoid or minimise
physical or economic displacement.
Avoid, and when avoidance is
not possible, minimise
displacement by exploring
alternative project designs.
Consultation
and Disclosure
A notice of acquisition is usually
prepared by the Ministry of Lands, in
conjunction with the survey
description. This notice is then
published in two newspapers (one
national and one local and the
government gazette
Open, inclusive and effective consultation
with local communities is required
Livelihood Restoration
documentation must be
implemented with appropriate
disclosure of information,
consultation, and the informed
participation of those affected.
Eligibility
Under Nigerian legislation, all land
rights constitute occupancy rights
rather than ownership rights and
accordingly eligibility for
compensation for loss of land is not
provided for. Anyone possessing a
statutory or customary right of
occupancy to affected land is
entitled to compensation for
unexhausted improvements made to
that land. Encroachers are not
recognised as an eligible group, and
are thus not entitled to any
compensation provisions.
AfDB identifies three groups of displaced
people that shall be entitled to
compensation or resettlement assistance
for loss of land or other assets taken for sub-
project purposes:
• Those who have formal legal rights to
land or other assets recognised under
the laws of the country concerned.
• Those who may not have formal legal
rights to land or other assets at the time
of the census / asset survey but can
prove that they have a claim that
would be recognised under the
customary laws of the country.
Those who have no recognisable legal right
or claim to the land they are occupying in
the sub-project area of influence, and who
do not fall into either of the two categories
described above, but are entitled to
resettlement assistance in lieu of
compensation for land to improve their
All occupants (including
squatters) using or living on the
land prior to the cut-off date are
eligible for compensation.
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Category Nigerian Legislation AfDB OS 2 IFC PS5
former living standards (compensation for
loss of livelihood activities, common property
resources, improvements (structures and
crops) etc.), provided that they themselves
or witnesses can demonstrate that they
occupied the sub-project area of influence
for a reasonable time (at least six months)
prior to a cut-off date established by the
borrower or client and acceptable to the
Bank.
Census and
Asset Inventory
A survey to record the dimensions of
the affected land parcels needs to
be carried out. The enumeration
process is asset driven and not
household driven. There is no
particular format which is currently
used by the Land Department. The
process mostly comprises of generic
questions that are administered
orally.
A census, asset inventory and
comprehensive socioeconomic survey is
required with gender disaggregated
information.
A census, asset inventory and
socio-economic survey are
required to collect baseline
data and identify PAPs.
Livelihood No provisions Strategies to improve livelihoods of PAPs are
required.
Strategies to improve livelihoods
of PAPs are required.
Gender No provisions
Special consideration has to be paid to the
needs and rights of women. In the context
of gender vulnerability, the client must give
careful consideration to actively
facilitating consultation with both women
and men in ways that are sensitive to the
social and political constraints and barriers
that women and men may face.
The land-taking report (RAP or LRF/LRP)
must include a specific protocol specifying
safeguards for the quality and quantity of
land to be allocated to women, especially
widows and divorcees, to ensure their
The consultation process must
ensure that women’s
perspectives are obtained and
that their interests are factored
into all aspects of physical
and/or economic
displacement planning and
implementation.
Addressing livelihood impacts
may require intra-household
analysis in cases where women’s
and men’s livelihoods are
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Category Nigerian Legislation AfDB OS 2 IFC PS5
means to generate income and achieve
food security.
Specifically, applicable to resettlement,
land titles at the resettlement site are to be
in the name of both spouses or of single
heads of household, regardless of gender, if
this does not conflict with the borrower or
client’s own laws and legislation.
Compensation payments to families are
made to both husbands and wives when this
is technically feasible and socially
acceptable.
affected differently. Women’s
and men’s preferences in terms
of compensation mechanisms,
such as compensation in kind
rather than in cash, should be
explored.
Cut-off date
Though a cut-off date is not defined
by Nigerian legislation, there is a six-
week notice period given for land to
be acquired by a sub-project. This is
not, however, a formal cut-off date.
There is a requirement to establish a cut-off
date for eligibility that is acceptable to sub-
project financiers/lenders. The borrower or
client documents the cut-off date and
disseminates information about it
throughout the sub-project area of
influence in a culturally appropriate and
accessible manner, before taking any
action on clearing land or restricting local
community access to land.
The client is required to
establish a cut-off date for
eligibility. Information
regarding the cut-off date is to
be well documented and
disseminated throughout the
sub-project area prior to taking
any land.
Timing of
Compensation
Once the compensation amounts
have been discussed with the
affected people.
Compensation is to be made before land
and related assets are taken; and, if the
sub-project is implemented in phases,
before sub-project activities begin for each
particular phase.
Compensation needs to be
provided to all those affected
before taking possession of the
land.
Compensation
Cash compensation is generally
made based upon government rate
as well as depreciation value. Whilst
in principle there is allowance for in-
kind compensation or replacement
of assets, cash compensation is
common practice
PAPs are compensated for all their losses at
full replacement cost. PAPs can be offered
a range of different compensation
packages, resettlement assistance, and
livelihood improvement options.
Engagement is key to determine the
appropriate compensation packages.
PAPs are compensated for all
their losses at full replacement
cost. PAPs can be offered a
range of different
compensation packages,
resettlement assistance, and
livelihood improvement
options.
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Category Nigerian Legislation AfDB OS 2 IFC PS5
Engagement is key to
determine the appropriate
compensation packages.
Communal
resources No provisions Page 32 of the ISS mentions compensation
for the loss of communal resources.
Compensation is required if
communal property and
natural resources such as
marine and aquatic resources,
timber and non-timber forest
products, freshwater,
medicinal plants, hunting and
gathering grounds and grazing
and cropping areas are
impacted.
Livelihood
Assistance No provisions
Displaced people are provided with
targeted assistance with the aim of
ensuring that their standards of living,
income-earning capacity, production
levels and overall means of livelihood are
improved beyond pre-project levels.
Displaced people are
provided with targeted
assistance with the aim of
ensuring that their standards of
living, income-earning
capacity, production levels
and overall means of livelihood
are improved beyond pre-
project levels.
Vulnerable
People
Many Nigerian policies address the
needs of vulnerable people, such as
the Gender Policy, Child Act or
NEEDS framework. However, there
are no specific provisions related to
physical or economic displacement.
Special attention needs to be paid to
vulnerable groups and special provisions
required in the livelihood restoration
process.
Special attention needs to be
paid to vulnerable groups and
special provisions required in
the livelihood restoration
process.
Grievances
Section 30 of the Land Use Act 1990
6 v: “Where there arises any dispute
as to the amount of compensation
calculated in accordance with the
provisions of section 29, such dispute
shall be referred to the appropriate
Land Use and Allocation
Committee.”
There is a requirement to establish a
culturally appropriate and accessible
grievance and redress mechanism to
resolve, in an impartial and timely manner,
any disputes arising from the land-taking
process and compensation procedures.
PAPs must be informed about the
mechanism.
The client is required to
establish a grievance
mechanism as early as possible
in the project development
phase. This will allow the client
to receive and address specific
concerns about compensation
raised by displaced persons in
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Category Nigerian Legislation AfDB OS 2 IFC PS5
a timely fashion, including a
recourse mechanism designed
to resolve disputes in an
impartial manner.
Monitoring No provisions
An independent third party is required to
monitor the implementation of large-scale
or complicated resettlement or livelihood
restoration plans, with regular feedback
from PAPs. For largescale displacement
operations quarterly reviews are
recommended, and in-depth reviews of 6
months progress, consistent with the overall
project scheduling, are critical.
The client is required to
establish procedures to monitor
and evaluate the
implementation of a Livelihood
Restoration Plan.
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13.7 Compensation Framework Compensation refers to payment in cash or in kind for loss of land, access to land,
and immoveable asset or resources that is acquired or affected by a sub-project.
13.7.1 Compensation Principles
The main compensation principles include the following:
▪ Provide transparent, fair and timely compensation (prior to land clearance
or taking land) for displacement, including compensation for assets in
accordance with national regulations and international standards,
specifically the IFC’s PS5 and AfDB OS2;
▪ Compensate for lost assets at full replacement value; and
▪ Restore the livelihoods and welfare of PAPs and local communities such
that their well-being is at the least, equal to their pre-resettlement
conditions, or that they are better off.
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Table 13.2. Categories of PAPs and compensation according to Nigeria guideline and International Guidelines
S/N Category of
PAPs Nigeria Law World Bank/IFC/AFC/GCF AfDB
1 Land owners Cash compensation
based upon market value.
Recommends land-for-land
compensation. Other compensation is
at replacement cost
Entitled to compensation for land, priority is given to
land-to-land compensation and/or compensation-
in-kind in lieu of cash compensation. When cash
payments are made, the affected people should be
provided with counselling to ensure that they have
the knowledge to use the compensation wisely.
Compensation for other assets at full replacement
costs.
2 Land Tenants
Entitled to compensation
based upon the amount of
rights they hold upon land
Are entitled to some form of
compensation whatever the legal
recognition of their occupancy.
Entitled to resettlement assistance and
compensation for all their assets such as crops,
structures and other livelihood activities at full
replacement cost.
3 Land
users/Squatters
Not entitled to
compensation for land,
entitled to compensation
for crops
Entitled to compensation for crops, may
be entitled to replacement land and
income shall be restored to pre-project
levels at least
Not entitled to compensation for land but are
entitled to resettlement assistance including
compensation for loss of livelihood activities,
structures, crops etc to improve their former living
Standards.
4
Owners of
“Non-
permanent”
Buildings
Cash compensation
based on market value.
Entitled to in-kind compensation or cash
compensation at full replacement cost
including labor and relocation
expenses, prior to displacement
These groups are entitled to resettlement assistance
to improve their former living standards
(compensation for loss of livelihood activities,
structures, crops etc.).
5
Owners of
“Permanent”
buildings
Cash Compensation is
based on market value.
(that means depreciation
is allowed)
Entitled to in-kind compensation or cash
compensation at full replacement cost
including labor and relocation
expenses, prior to displacement.
Entitled to resettlement assistance and
compensation for all their losses at full replacement
costs before their actual move.
6
Losers of
livelihoods
(farmers,
business
No consideration other
than cash values for assets
as described above by
asset category
Key objective is restoration of capacity
to generate incomes at least at levels
prior to losses. Programs of assistance to
achieve this objective. Compensation
for periods of lost income
Compensation factors in the “total economic cost”
including the social, health, environmental and
psychological impacts of the sub-project and the
displacement, which may disrupt productivity and
social cohesion. Considerations are given to the loss
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S/N Category of
PAPs Nigeria Law World Bank/IFC/AFC/GCF AfDB
people,
employees
of livelihood and earning potential of the affected
people. Affected people are provided with targeted
resettlement assistance with the aim of ensuring that
their standards of living, income-earning capacity,
production levels and overall means of livelihood are
improved beyond pre-project levels.
7 Grievance
Procedure
No specific requirement for
establishing an
independent grievance
mechanism
The grievance mechanism will be set up
as early as possible in the process, to
receive and address in a timely fashion
specific concerns about compensation
and relocation that are raised by
displaced persons and/or members of
host communities, including a recourse
mechanism designed to resolve
disputes in an impartial manner. The
grievance mechanism, process, or
procedure should address concerns
promptly and effectively, using an
understandable and transparent
process that is culturally appropriate
and readily accessible to all segments
of the affected communities, at no cost
and without retribution
Requires the establishment of a
a culturally appropriate and accessible grievance
and redress mechanism to resolve, in an impartial
and timely manner, any disputes arising from the
resettlement process and compensation procedure
as early as possible in the resettlement process. The
borrower or client is required to work with informally
constituted local committees made up of
representatives from key stakeholder groups and, in
particular, vulnerable communities to establish the
grievance and redress mechanism. The grievance
redress mechanism, which should be monitored by
an independent third party should not impede
access to judicial or administrative remedies but must
inform affected people about the Bank’s
Independent Review Mechanism (IRM).
8 Rejection of
Compensation No categorical statement
Where compensation to an affected
person in accordance with an
approved resettlement plan has been
offered, but the offer has been rejected,
the taking of land and related assets
may only proceed if the sub-project
owner has deposited funds equal to the
amount offered as compensation plus
10 percent in a secure form of escrow or
No categorical statement
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S/N Category of
PAPs Nigeria Law World Bank/IFC/AFC/GCF AfDB
other interest-bearing deposit satisfying
the Bank’s fiduciary requirements. The
sub-project owner must also provide a
means satisfactory to the Bank for
resolving the dispute concerning the
offer of compensation in a timely and
equitable manners
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13.8 Eligibility Principles PAPs are eligible for compensation entitlements if they are the owners or users of
immovable built or planted assets within the sub-pProject site footprint. This
includes structures (such as fences or sheds), land, crops, trees, and other natural
resources. PAPs are eligible for compensation for their assets if they have formal or
recognisable rights to these assets.
The typical eligibility criteria for compensation which may be implemented on
sub-projects is presented in Table 13.3.
Table 13.3. Eligibility Criteria for Compensation
PAP Classification Eligible for
Compensation No Compensation Assistance
Those with legal right Land or asset at replacement
cost
For land, assets, and
structure on the land
after the cut-off date
Assistance
needed
Those with temporary
or leased rights at cut-
off date
Land and assets at
replacement cost
For land, assets, and
structure on the land
after the cut-off date
Assistance
needed
Those who use land
without any form of
right
Assets on land at replacement
cost
Assets on land after
cut-off date
Assistance
needed
Those with no legally
recognized right but
arrived before cut-off
date.
Assets at replacement cost
except that compensation may
be “topped off” to allow the
PAP to acquire a new
residence.
Assistance
needed
Those who arrived
after Cut-off-date None None None
Those with business
located within the
Community
Assets and lost income as a
result of lost business during
project duration
For business located
in community after
the cutoff date and
outside the affected
area.
Assistance
needed
13.8.1 Establishment of Entitlement Cut-off Date
Prior to the commencement of a census survey during the RAP/LRP preparation,
consultations will be conducted to explain to PAPs that a last day of a census
survey (to be carried out during the LRP stage) will constitute a cut-off date, after
which any individual or a family who moved into the sub-project area but is not
listed in the census list of PAPs, will not be entitled to compensation.
13.8.2 Entitlements
Sub-projects will have defined range of appropriate compensation entitlements
and suggested livelihood restoration measures. Based on the SES survey results,
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the following categories of assets are likely to be affected by the sub-project:
▪ Farmland/land plots; and
▪ Crops and economic trees.
▪ Buildings (both makeshifts and permanent)
▪ Cultural, religious and community facilities
▪ Livelihood
▪ An example of an entitlement matrix which may be applicable to each of
the sub-projects is presented the table below:
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Table 13.4. Example of an entitlement matrix that could be applied in sub-projects
Asset Impact PAPs Nigeria Requirement
Additional compensation or
measures in line with IFC PS5
and AfDB OS2
Livelihoods Support
Land
Permanent/
Temporary
land take
Registered owners
with title deed for
land
• Compensation at state
rates or support to find
replacement land of
similar size and quality.
• PAPs are consulted to
confirm their
compensation
preferences (land-for-
land or cash).
• Compensation at
replacement value (in-
cash) or where possible,
replacement land of the
same quality and close
to the location of the
original land plot.
• Livelihood restoration
and alternative income
earning opportunities
e.g. skills training offered.
• Support before, during
and after taking
cultivated land plots to
cover a reasonable
period of time necessary
for PAPs to re-establish
their new land plots
(which they either were
allocated, or bought with
the received cash
compensation).
• Livelihood restoration
options to affected
farmers: continuous crop
cultivation on alternative
plots, agricultural skills
improvement training, or
small livestock package
• Land Plot Transfer
allowance - 10 % of
market value payment
(as one-off) in cash, to
cover all administrative
fees related to the
purchase or provision of
replacement land.
Non-registered
occupants of land
who either
cultivate such land
based on
customary
ownership rights
• Compensated for lost
assets other than land
(such as crops and
structures) at
replacement value. Crops and
Economic
Trees
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Asset Impact PAPs Nigeria Requirement
Additional compensation or
measures in line with IFC PS5
and AfDB OS2
Livelihoods Support
Loss of crops
and productive
trees (fruit/nut)
All PAPs regardless
of legal status
• None (crops are
typically harvested
prior to displacement)
• Compensation for
perennial crops at
existing compensation
rates
• Trees are categorised
as: saplings,
productive, or old.
• Cash compensation at
replacement value on
the basis of type, age
and market price of tree
and crops (the
compensation amounts
to be determined by a
certified evaluator during
the LRP stage)
• Crops-Training in
improved agriculture
methods and seeds
provided for three
seasons (18 months)
• Trees-Training in
improved agriculture
methods and saplings
provided for fruit trees
and perennial crops
Permanent
loss of
Structure
Loss of homes /
dwellings
Tenants
Tenants and
original owners of
the house and
land
Physically
displaced
Economically
displaced
• Cash compensation
for loss of built-up
structures at full
replacement costs.
• Owners of affected
structures will be
allowed to take and
reuse their
salvageable materials
for rebuilding and
rehabilitation of
structure.
• In case of relocation,
transfer allowance to
cover cost of shift
(transport plus
loading/unloading)
the effect and
material will be paid
on actual cost basis or
on current market
rates
• Housing unit at chosen
relocation site; or
• Cash compensation at
replacement cost value;
• Relocation assistance
such as transport of
belongings within 25 km
radius, etc.
• One-time cash
assistance equivalent to
4-month rent moving to
alternate premise.
• Compensation for loss of
livelihood or livelihood
development support
for economically
displaced
• Transfer allowance to
cover cost of shifting
(transport plus
loading/unloading)
personal effects paid on
actual cost basis or on
current market rates
Owners of the
structure other
than house,
whether or not
the land on
which the
structure stands
is legally
occupied.
Tenants
Tenants and
original owners of
the structure and
land
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Asset Impact PAPs Nigeria Requirement
Additional compensation or
measures in line with IFC PS5
and AfDB OS2
Livelihoods Support
Cultural,
Religious
and
community
structure
facilities
School, church,
Mosque, water
channels,
pathways, and
other
community
structures
All PAPs regardless
of their legal status
Complete rehabilitation/
restoration by the sub-
project; cash
compensation for restoring
affected
cultural/community
structures and installation
to the recognize patron/
custodian.
• Construction of structure
as other forms of
compensation by the
sub-project where
possible.
• Additional monetary
incentives to succour
losses
Special
provision
for
vulnerable
PAPs
Re-
establishing
and/or
enhancing
livelihood
Women
headed
household,
disabled or
elderly persons
and the
landless
Women headed
household,
disabled or elderly
persons
• Needs based special
assistance to be
provided either in
cash or in kind.
• Empowerment training to
be carried out alongside
cash support.
• Support before, during
and after training.
Change in
livelihood
for women
and other
vulnerable
Aps that
need to
substitute
their
income
Vulnerable
PAPs ,
particularly
women.
Owners whose
landholding
has been
reduced to less
than 5 acres
Vulnerable PAPs
particularly
women
Restoration of livelihood
(Vocational training) and
subsistence allowance
@agreed rate per day
for a total of 6 month
while enrolled in a
vocational training
facility
Needs based special
assistance to be
provided as incentives.
Support before, during and
after training.
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Asset Impact PAPs Nigeria Requirement
Additional compensation or
measures in line with IFC PS5
and AfDB OS2
Livelihoods Support
because of
adverse
impact
Loss of
grazing
area
Cattle Rearers
Cattle Rearers
Relocation to new grazing
area where possible assist
the cattle herdsmen to
locate new grazing field.
Consider possible
compensation for loss
income for the period of
locating new grazing area
Same as additional
compensation or measures.
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13.9 Entitlement Planning The entitlement planning process entailed two primary tasks:
▪ Preliminary identify the appropriate cash compensation rates at replacement
value to compensate for specific impacts to eligible households, including
crop compensation rates; and
▪ Design of complementary supportive measures to further mitigate the
impacts of land-take, including livelihoods restoration initiatives, and
vulnerable person assistance measures.
To establish the applicable rates (which will be confirmed and verified by a
certified evaluator during the LRP stage), an independent valuation expert will be
contracted at the LRP stage to advise on the market values of affected land,
crops and economic trees in the sub-project area. The evaluator will be
requested to prepare a Valuation Report which will be presented as part of future
LRP and included as an Annex in the main report.
13.10 Method of Compensation Individual and household compensation will be made in cash, in kind, and/or
through assistance in the knowledge and presence of both man and wife and
adult children or other relevant stakeholders where applicable. The type of
compensation will be an individual choice although every effort will be made to
instill the importance and preference of accepting in-kind compensation
especially when the loss amounts to more than 20% of the total loss of productive
assets.
It should be noted that when land holdings necessary for the livelihood of
affected persons are taken away or reduced in size by project works, the
preferred form of compensation is to offer an equivalent parcel of land
elsewhere, i.e. “land for land.” Where such land is not available, cash payment
can be an option even though cash compensation is not the preferred form of
compensation in such cases. It should be noted that, under this framework, cash
compensation is only appropriate where there is a market for land or other lost
assets in the area of the impact. It is unacceptable to offer cash compensation
to, say, a farmer, when he/she has no possibility of acquiring new land in the same
area.
13.11 Entitlement for Compensation Entitlements for compensation shall be based on the eligibility criteria and the
various categories of losses identified in this RPF and the actual field consultations
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during the preparation of the RAP/ARAP. Unless otherwise indicated, payment of
compensation and other entitlements and the extension of assistance will be
made to PAP households and individual PAPs, as the case may be. In dealing with
compensation, preference shall be given to land based resettlement strategies
for PAPs whose livelihoods are land-based
Where sufficient land is not available at a reasonable price, non-land based
options centered on opportunities for employment or self-re-employment should
be provided in addition to cash compensation for land and other assets lost.
However, this lack of land shall be documented and justified. Palliative assistance
should be avoided, i.e. assistance that is not sustainable such as temporary
payments or food donations.
13.12 Valuation Valuation methods for affected land and assets will depend on the type of asset.
The following land asset types identified under Nigeria law in this policy framework
include:
13.12.1 State (urban and non-urban) owned Land
State owned land will be allocated free by the Governor or Local Government
(perhaps except for processing and registration fees). The State Agency will be
expected to pay compensation to acquire land in this category in cases where
the state-owned land is being used by landlords or squatters, settled upon or
otherwise being used.
13.12.2 Privately owned Land
Privately owned property, will be acquired at replacement value. The guiding
principle is that whoever was using the land to be acquired will be provided other
land of equal size and quality or compensation.
13.12.3 Assets held under Customary Law
According to Nigeria law, assets held under customary rights are in the Local
Government jurisdictions only and will be valued according to the following
method and compensation paid for. The sub-project will compensate assets and
investments, including buildings, and other improvements, according to the
provisions of the resettlement plan. Compensation rates will be replacement cost
as determined by surveys of recent transactions of similar assets in the same area
as of the date and time that the replacement is to be provided. Under customary
law land belongs to chiefdoms, towns and villages. The permanent loss of any
such land will be covered by community compensation, which will be in-kind only.
A customary land owner or land user on state owned land will be compensated
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for land, assets, investments, loss of access etc. at replacement rates at the time
of the loss.
13.12.4 Method of Valuation
In ensuring that during the project implementation, PAPs will be provided full
replacement cost of lost structures and other impacted assets and are able to
rebuild or replace their structures/assets without difficulties. The valuation will
estimate asset compensation rates based on full replacement cost without
depreciation. The replacement cost approach is based on the premise that the
costs of replacing productive assets is based on damages caused by sub-project
operations.
Relevant data to be captured during valuation will include:
• Location details of the land, boundaries of the area/section of the land to
be affected. Affected immovable properties: detailed measurement of
buildings, shops, other assets, and structures;
• Property details including noting accommodation, constructional details of
affected property external works (fence walls, gates, pavements) affected
details etc. were relevant.
• Categorizing temporary structures based on constructional details (wall
materials), size of structure and use of structure
(business/residential/institutional/agricultural); and, Data on households
affected (tenants, owners, relative apprentices/trainees and livelihood).
Valuation shall be based on comparisons to recent comparable
transactions/costs and comparable assets or land and not simply on general
tables that may be out of date and may be based on non-comparable assets or
land.
An indicative table with the Valuation Methods that could be used on sub-
projects is presented in Table 13.5 below.
Table 13.5. Indicative Valuation Methods
S/N Loss of Land Comparative Sales
Method
Based on the open market
value of comparable recent
land transactions
1 Loss of Buildings, structures
and other civil works
Replacement Cost
Method or Comparative
Sales Method (which ever
gives a commensurate
value)
Full replacement cost value
as if new, recent construction
cost rates
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2 Loss of Business Income and
Loss of Business Good will Comparative Method
Based on the average
monthly net profit
3
Loss of Income from Rent
and Expenditure Incurred for
Alternative Accommodation
during reinstatement period
Comparative Sales
Method
Based on the comparable
rent passing, rent advance
paid
4
Expenditure incurred for
Transfer of movable
properties and temporary
structures
Comparative Method Based on truck/transport
hiring charges
5
Loss of Wages, -Loss of Fees
from Apprentice, - Loss of
Job Training
Comparative Method Based on Current Fees and
Wages
6 Loss of access to land used
for agriculture Comparative Method
Based on Crop
compensation Resettlement
assistance: Economic
Rehabilitation assistance:
13.12.5 Arrangements for Compensation
A Compensation and Relocation Committee will be set up and be responsible for
planning, coordinating and monitoring of compensation and relocation
activities. The compensation process for the sub-project will involve several steps
to be carried out in accordance with the resettlement and compensation plan
and the RAP. This will be in accordance with the individual sub-project
resettlement and compensation plans as outlined below:
13.13 Public Participation This process seeks the involvement and concerns of the PAPs and the
communities in a participatory approach with the sub-project, from the beginning
to implementation. Public participation with local communities is an ongoing
process throughout resettlement planning and this will have taken off at the
screening stage. PAPs will be notified during the identification of sub-projects and
consulted with as part of the screening process. The subsequent socio-economic
survey will record all relevant information about the PAPs and ensure that this is
accurately reflected in the RAP in order to allocate the appropriate
compensation. Periodic monitoring will ensure that PAPs have been consulted
and that compensation and relocation has been carried out satisfactorily. This will
ensure that no affected individual household is simply “notified” one day that they
are affected in this way.
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13.13.1 Notification
Landowners will be notified by the Solar Power Developer that their property is
required for development of the sub-project. The user will be informed through
both a formal notification, both written and verbal, to be delivered in the
presence of the community heads and the Coordination Committee. To ensure
that any sensitive areas are accurately identified during this procedure, all
necessary community heads, religious leaders, other elders and individuals will
accompany the project team to the site.
13.13.2 Documentation of Holdings and Assets
The Solar Power Developers and the local community will arrange meetings with
the PAPs in the presence of the agency of government in charge of land to
discuss the compensation process. For each individual or household affected, the
project officials completes a compensation dossier containing necessary
personal information on, the affected party and those individuals considered as
household members, total land holdings, inventory of assets affected, and
information for monitoring future arrangements. The dossier shall be confirmed
and witnessed by village/community officials and will be kept up-to-date. This is
necessary because it ensures monitoring of an individual over time. All claims and
assets should be documented in writing.
13.14 Agreement on Compensation and Preparation of Contracts The types of compensation shall be clearly explained to the individual or
household involved. The Solar Power Developer will draw up a contract, listing all
property and/or land being surrendered, and the types of compensation (cash
and/or in-kind). A person selecting in-kind compensation has an order form, which
is signed and witnessed. The compensation contract and the grievance redress
mechanisms are to be read aloud in the presence of the affected party and the
representative of the local government chairman (or his/her representative), the
project officials, and other community leaders prior to signing.
13.15 Compensation Payments All handing over of property such as land and buildings and compensation
payments will be made in the presence of the affected party, representative of
the state environmental agency and the community officials.
13.15.1 Community Compensation Payments
Community compensation will be in-kind only for a community as a whole in the
form of Corporate Social Responsibilities. Examples of community compensation
include; School Building (public or religious), Public Toilets, Well or borehole,
Market Place, Taxi Park, Road, Storage warehouse, etc. Community
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compensation may in itself require land take and people may be affected, thus
a change of impacts which will be compensated.
13.15.2 Procedures for Delivery of Compensation
The procedure for delivery of compensation will be detailed in each RAP/LRP. The
Solar Power Developer will follow approved procedures ensuring that:
• Full payment of compensation is carried out before possession of
acquired sites and before works begin.
• Solar Power Developer formally make offers to affected persons and
allow persons to accept or reject offer, offer a counter claim and seek
redress under the grievance procedures established
• Land/Asset valuation committee communicates the amount to be paid
to the acquiring agency and the Ministry of lands will ensure that the
amounts are fair and adequate.
• Cheques in the name of the beneficiary or deposits to the beneficiary’s
bank account shall be the preferred and first mode of payment.
• Payments are made to the affected person personally in the presence
of Land/Asset Valuation Committee and an independent witness of the
affected person/opinion leader
• Proper receipts are issued and copies given to the affected person, the
Finance Department of the State Agency and the Land/Asset Valuation
committee;
• Comprehensive reports on payment made are submitted for review by
Management of the PMUs and the Land/Asset Valuation committee.
13.16 Monitoring and Evaluation Monitoring is a crucial element for the success of any resettlement project as it is
important to accurately verify the information related to implementation of the
Resettlement Plan and should be planned and costed as early as possible in the
sub-project. The monitoring will provide feedback to project management which
will help keep the programs on schedule and successful.
13.16.1 Monitoring Process
In order to comply with the Program E&S requirements, the overall internal
monitoring procedures will include internal performance monitoring, Impact
monitoring and final external evaluation.
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13.17 Livelihood Restoration The Livelihood Restoration Strategy (LRS) is to prevent and mitigate the potential
adverse impacts to the vulnerable PAPs as a direct result of the resettlement
process.
13.17.1 Key Principles Guiding Livelihood Restoration Planning
The sustainable approach to livelihood restoration is based on the following
principles:
▪ Livelihoods are multi-faceted strategies and a combination of approaches
is therefore required to support restoration of income and the
reestablishment of community support networks;
▪ Active participation of intended beneficiaries in planning and decision
making to ensure proposed support reflects local realities / priorities and
have PAPs active buy-in;
▪ PAPs should be provided with choices so that they can self-determine how
their household will best benefit from the livelihood restoration options;
▪ Vulnerable households are, by definition, less able to adapt to changes
and therefore require targeted support through the planning and
implementation of livelihood restoration;
▪ Transition allowances are necessary, but require clear eligibility and end
points;
▪ Capacity building should be incorporated into livelihood restoration
activities to develop PAPs skills, including in agricultural practices. Capacity
building acknowledges the different needs of women, men, youth and
vulnerable groups with respect to skills development.
13.17.2 Process for Determining Livelihood Restoration Options
The livelihood restoration options shall be based on the information gathered from
the socio-economic baseline interviews undertaken for the Program. From these
activities, the following key subjects may emerge.
▪ Livelihood options and roles varying for women, men and youth.
▪ PAP-welcome livelihood options and view them as part of their
expectations of the Program’s development.
Continuous Engagement should continue with PAPs and local communities
throughout the sub-project life-cycle, and with traditional leadership and the
relevant authorities to discuss the livelihood programmes to make sure that they
are meeting the needs of PAPs.
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13.17.3 Livelihood Restoration Plans
To recognize the potential and magnitude of adverse impacts and develop
Livelihood Restoration Plans, the following approach should be considered:
1. LRP for vulnerable PAPs should refer to the ecological conditions, livelihoods
and socio-cultural characteristics possessed by PAPs.
2. The LRP should be able to support the PAPs to gain a similar or even better
livelihood, independently. It is important that the land acquisition and
resettlement process will not cause a dependency to the sub-project which
eventually would make more problems in the future.
3. The LRP should be focused on the characteristics of the vulnerability and
potential sources of livelihood assets owned by each household, either in
the form of Natural Capital, Human Capital, Financial Capital, Social
Capital and Physical Capital.
4. Involving representatives of both communities, the PAPs and host
populations, in the consultation process to build familiarity and to resolve
disputes that are expected to arise during and after the resettlement
process.
13.18 Resettlement Action Plan
13.18.1 Introduction
The OS 2 requires the borrower or client prepares a Full Resettlement Action Plan
(FRAP) for the following nature of displacement:
i. any project that involves 200 or more persons (as defined by the involuntary
resettlement policy), or
ii. any project that is likely to have adverse effects on vulnerable groups.
The outline of a typical RAP can be found in Annex A of the Involuntary
Resettlement policy and the related IESIA Guidance Note.
For any project in which the number of people to be displaced is fewer than 200
people and land acquisition and potential displacement and disruption of
livelihoods are less significant, the borrower or client prepares an Abbreviated
Resettlement Action Plan (ARAP). Annex B of the Involuntary Resettlement policy
describes an ARAP, and related guidance can also be found in the relevant IESIA
Guidance Note.
The sub-projects within the Program will principally result in economic
displacement and the outcome of an RAP is presented at the end of this RFP. For
each sub-project, a specific RAP commensurate to the scale of the physical or
economic displacement will be prepared.
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13.18.2 Outline of a RAP S/No Chapter Description
1 Description of the
Project
• Define the Project, and its components and the Project Site (s)
• Determine whether the Project will require land acquisition and
relocation of persons
• Describe the amount of land acquisition and resettlement
required
• Identify options of reducing amount of resettlement
• Quantify the options of minimizing resettlement
2 Potential Impacts
• Description of project components that can give rise to
resettlement
• Detailed description of impacts and alternatives considered to
minimize resettlement
3 Organizational
responsibility
• Identification of institutions for execution of the RAP
• Evaluation of capacity and commitment of such institutions to
carry out resettlement plan
• Consideration for strengthening institutions and steps to be
taken together with timetable for implementation and budget
• Involvement of local people and CSOs in planning
implementation and monitoring of resettlement
4 Community
Participation
• Detailed description of consultation and participation of
displaced and host communities in design and implementation
of the resettlement activities.
• Details of views expressed and how they were taken into
account during preparation of resettlement plan
• A review of resettlement alternatives presented and choices
made by displaced person including compensation and
resettlement assistance
• Description of procedure for redress of grievances by project
affected people which shall be accessible throughout planning
and implementation
5 Integration with
Host Community
• Details of consultations with host communities and local
governments and arrangements for prompt tendering of any
payments due to host for land and other assets
• Details of addressing any conflict between resettlers and host
community (if any)
• Details of efforts made to augment public services e.g. water,
education, health etc.
6 Socio-Economic
Studies/Census
• Population census covering affected community/individual and
their assets. Baseline information on livelihoods and standards of
living of the displaced population
• Inventory of assets of displaced households, extent of physical
and economic displacement.
• Information on disadvantaged groups or persons whom special
provisions may have to be made
• Updated information on displaced person’s livelihood and
standards of living at regular intervals
• Description of land tenure system in place, lot sizes and any
cultural heritages/values that may be restricted by the project
• Description of type and size of infrastructure and other services
that may be impacted
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S/No Chapter Description
• Summarize impacts of the project for each categories of
affected groups
• Social and cultural characteristics of displace communities
7
Legal/Institutional
Framework,
including
mechanisms for
conflict resolution
and appeal
• Details of local agencies responsible for resettlement
• Details of applicable legal and administrative procedures
including a description of the remedies available to displaced
persons in the judicial process
• Details of laws and regulations relating to agencies responsible
for implementing resettlement activities.
• Details of legal steps necessary to ensure the effective
implementation of resettlement activities
8 Institutional
framework
• Details of agencies responsible for resettlement activites and
NGOs that may have role in project
• Details of institutional capacity of agencies and CSOs
9 Eligibility and
Entitlements
• Definition of displaced persons and criteria for determining
eligibility for compensation and other resettlement assistance.
• Details of cut-off date
10
Valuation of, and
compensation for
losses
• Appoint Registered/District Valuer for compensation purposes
• Carry out consultation with affected persons
• Identify and inspect affected assets for valuation
• Process Valuation Report and prepare Compensation Schedule
• Determine whether additional income assistance is necessary
• Details of methodology used for valuation
11
Identification and
selection of
resettlement site,
site preparation
and relocation.
• Determine need for relocation and discuss with affected person
• Select site for relocation and make arrangement for land titling
in favour of resettlers
• In consultation with respective District Settlement Planning
• Department, prepare Resettlement Plan
• Discuss outsourced services if any and draw up cost implications
• Ensure Plan comply with environmental consideration
• Evaluate the impact of the Plan on host community
• Determine any special assistance measures necessary to
vulnerable groups
• Identify risks associated with the Plan and chart out ways of
overcoming them
• Provide information on updating of the Plan
• Details of legal arrangements for regularizing tenure and
transferring titles to resettlers
12
Shelter,
Infrastructure and
social services
• Details of social development services planned to be
implemented for host communities
13 Environmental
protection
• Details of environmental impacts of proposed resettlement and
mitigation measures
14 Implementation
schedules
• Details of implementation schedule for resettlement from
preparation to final implementation including target dates for
achievement of expected benefits to resettlers
15 Costs and Budget
• Prepare a financial plan with emphasis on responsibilities and
accountability
• List sources of funds
• Identify components of the sub-project that may require
additional external funding
• Discuss provisions for handling price fluctuations, contingencies
and excess expenditure
• Prepare a template for Project Cost Estimate/budget
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S/No Chapter Description
16 Monitoring and
Evaluation
• Discuss measures for external and internal monitoring
• Define monitoring indicators
• Determine mode and frequency of reporting and content of
internal monitoring
• Discuss feedback mechanism